Can a plaintiff recover backpay from the California Department of Justice for alleged violations of the Police Bill of Rights Act?

Plaintiff sought recovery of his backpay in the trial court based upon his claim that the department violated various provisions of the Act. In arguing that the trial court correctly ordered reimbursement of backpay, plaintiff relies upon section 3309.5 which affords the superior court original jurisdiction to remedy violations of the act. (See Henneberque v. City of Culver City (1985) 172 Cal.App.3d 837, 842, 218 Cal.Rptr. 704 ["the policeman's bill of rights authorizes backpay when one of its provisions is violated...."].) As described above, however, plaintiff failed to establish that in fact the act was violated. Accordingly, the award of backpay was not proper under section 3309.5.