What rights does a public safety officer have under the Officers Rights Act?

California, United States of America


The following excerpt is from Shoemaker v. Myers, 2 Cal.App.4th 1407, 4 Cal.Rptr.2d 203 (Cal. App. 1992):

The Officers Rights Act secures to public safety officers certain political rights ( 3302) and prescribes certain protections that must be afforded them in connection with investigations of misconduct involving them and punitive actions taken against them. ( 3303, 3305-3309.) It also protects officers from retaliation for the exercise of their rights under the act. ( 3304.) (See Baggett v. Gates (1982) 32 Cal.3d 128, 135, 185 Cal.Rptr. 232, 649 P.2d 874. Among the protections specifically prescribed is the entitlement of a public safety officer to the presence of counsel during an interrogation which "focuses on matters which are likely to result in punitive action." ( 3303, subd. (h).)

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