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).)

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