What rights does a public safety officer have under section 3304 of the California Civil Code?

California, United States of America


The following excerpt is from Nazir v. Cnty. of L.A., B238477 (Cal. App. 2013):

Section 3304 "provides a number of procedural rights for public safety officers who may be accused of misconduct in the course of their employment." (Mays v. City of Los Angeles (2008) 43 Cal.4th 313, 320.) Subdivision (a) of section 3304 provides that no peace officer shall be subjected "to punitive action, or denied promotion, or be threatened with any such treatment, because of the lawful exercise of the rights granted under this chapter, or the exercise of any rights under any existing administrative grievance procedure." Being subjected to punitive action, being denied a promotion, or being threatened with such action for exercising rights under a grievance procedure all indicate a focus on the types of adverse acts an employer may take against an employee. Subdivision (a) also specifically provides that nothing in the section precludes the head of the agency from ordering the public safety officer to cooperate with the criminal investigations of other agencies. ( 3304, subd. (a).)

Other Questions


What is the effect of Section 815 of Government Code section 815.2 of the California Civil Rights Act on civil rights? (California, United States of America)
Can a defendant be found to have committed a single physical act for purposes of section 654 of the California Criminal Code, Section 215 of the Code of Civil Procedure, Section 422 of the Criminal Code for carjacking? (California, United States of America)
Does Section 1054(1) of the California Civil Code of Civil Procedure, section 1054 et. seq. and section 854 of the Criminal Code, allow defense counsel to conduct their investigation and prepare for trial? (California, United States of America)
In what circumstances will the California Civil Code section 1714 of the Civil Code apply to an individual who has been denied a right to claim damages under the Civil Procedure Act? (California, United States of America)
What is the test for Section 654 of the California Criminal Code when a defendant is found guilty of a breach of section 654 or section 744 of the Code of Civil Procedure? (California, United States of America)
What is the meaning of the phrase "right under section 798.87(b) of the California Civil Code to bring a civil action for public nuisance? (California, United States of America)
Does a police officer have been found in breach of section 69 of the California Civil Code of Civil Procedure by failing to stop a man from running away from an officer? (California, United States of America)
In what circumstances will the Supreme Court strike down a section of the Civil Rights Act that prohibits the use of certain types of civil rights, such as civil liberties, as well as those of the individual, in the context of civil liberties? (California, United States of America)
Is liability under section 13385 of the California Civil Code for polluting the environment limited to a public entity's liability under Section 13350, subdivision (a) of the Government Code? (California, United States of America)
Can a defendant be convicted of violating section 148(a)(1) of the California Civil Code of Civil Procedure if the jury found a completed violation of section 148 prior to the officers' use of excessive force? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.