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Item 15 - Police Oversight Commission Ordinance Amendment
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Item 15 - Police Oversight Commission Ordinance Amendment
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Agenda Packet
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City Manager's Office
Item #
15
Date
7/15/2025
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3304. (a) No public safety officer shall be subjected to punitive action, or denied promotion, or be <br />threatened with any such treatment, because of the lawful exercise of the rights granted under this <br />chapter, or the exercise of any rights under any existing administrative grievance procedure. <br />Nothing in this section shall preclude a head of an agency from ordering a public safety officer to <br />cooperate with other agencies involved in criminal investigations. If an officer fails to comply with <br />such an order, the agency may officially charge him or her with insubordination. <br />(b) No punitive action, nor denial of promotion on grounds other than merit, shall be undertaken by any <br />public agency against any public safety officer who has successfully completed the probationary period <br />that may be required by his or her employing agency without providing the public safety officer with an <br />opportunity for administrative appeal. <br />(c) No chief of police may be removed by a public agency, or appointing authority, without providing <br />the chief of police with written notice and the reason or reasons therefor and an opportunity for <br />administrative appeal. <br />For purposes of this subdivision, the removal of a chief of police by a public agency or appointing <br />authority, for the purpose of implementing the goals or policies, or both, of the public agency or <br />appointing authority, for reasons including, but not limited to, incompatibility of management styles or <br />Nothing in this subdivision shall be construed to create a property interest, where one does not exist by <br />rule or law, in the job of Chief of Police. <br />(d) (1) Except as provided in this subdivision and subdivision (g), no punitive action, nor denial of <br />promotion on grounds other than merit, shall be undertaken for any act, omission, or other allegation of <br />misconduct if the investigation of the alle <br />discovery by a person authorized to initiate an investigation of the allegation of an act, omission, or <br />other misconduct. This one-year limitation period shall apply only if the act, omission, or other <br />misconduct occurred on or after January 1, 1998. In the event that the public agency determines that <br />discipline may be taken, it shall complete its investigation and notify the public safety officer of its <br />proposed discipline by a Letter of Intentor Notice of Adverse Action articulating the discipline that <br />year, except as provided in paragraph (2). The public agency shall not be required to impose the <br />discipline within that one-year period. <br />(2) (A) If the act, omission, or other allegation of misconduct is also the subject of a criminal <br />investigation or criminal prosecution, the time during which the criminal investigation or criminal <br />prosecution is pending shall toll the one-year time period. <br />(B) If the public safety officer waives the one-year time period in writing, the time period shall be <br />tolled for the period of time specified in the written waiver. <br />(C) If the investigation is a multijurisdictional investigation that requires a reasonable extension for <br />coordination of the involved agencies. <br />(D) If the investigation involves more than one employee and requires a reasonable extension. <br />(E) If the investigation involves an employee who is incapacitated or otherwise unavailable. <br />(F) If the investigation involves a matter in civil litigation where the public safety officer is named as a <br />party defendant, the one-year time period shall be tolled while that civil action is pending. <br />(G) If the investigation involves a matter in criminal litigation where the complainant is a criminal <br />defendant, the one- <br />investigation and prosecution. <br />safety officer. <br />(e) Where a predisciplinary response or grievance procedure is required or utilized, the time for this <br />response or procedure shall not be governed or limited by this chapter. <br />(f) If, after investigation and any predisciplinary response or procedure, the public agency decidesto <br />impose discipline, the public agency shall notify the public safety officer in writing of its decision to <br />impose discipline, including the date that the discipline will be imposed, within 30 days of its decision, <br /> <br />
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