What rights does a public safety officer have to appeal an adverse administrative decision under the California Public Safety Act?

California, United States of America


The following excerpt is from Otto v. LA. Unified School Dist., 107 Cal.Rptr.2d 664, 89 Cal.App.4th 985 (Cal. App. 2001):

The Act grants all peace officers various procedural protections in California, including the right to administratively appeal certain adverse actions. Section 3304, subdivision (b), provides that "[n]o punitive action, nor denial of promotion on grounds other than merit, shall be undertaken by any public agency . . . without providing the public safety officer with an opportunity for administrative appeal." This means that a peace officer is entitled to receive an evidentiary hearing before a neutral fact finder in which he or she may challenge any punitive action. (Giuffre v. Sparks (1999) 76 Cal.App.4th 1322, 1329.)

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