Chapter 3 – Personnel, Training, and Employee Relations

33030.12.1 Peace Officers

• According to Government Code section 3304 (d), the following applies:

  • Except as provided in this subdivision and subdivision (g), no punitive action, nor denial of promotion on grounds other than merit, shall be undertaken for any act, omission, or other allegation of misconduct if the investigation of the allegation is not completed within one year of the public agency’s discovery by a person authorized to initiate an investigation of the allegation of an act, omission, or other misconduct. This one-year limitation period shall apply only if the act, omission, or other misconduct occurred on or after January 1, 1998. In the event that the public agency determines that discipline may be taken, it shall complete its investigation and notify the public safety officer of its proposed disciplinary action within that year, except in any of the following circumstances:

    • If the act, omission, or other allegation of misconduct is also the subject of a criminal investigation or criminal prosecution, the time during which the criminal investigation or criminal prosecution is pending shall toll the one-year time period.

    • If the public safety officer waives the one-year time period in writing, the time period shall be tolled for the period of time specified in the written waiver.

    • If the investigation is a multijurisdictional investigation that requires a reasonable extension for coordination of the involved agencies.

    • If the investigation involves more than one employee and requires a reasonable extension.

    • If the investigation involves an employee who is incapacitated or otherwise unavailable.

    • If the investigation involves a matter in civil litigation where the public safety officer is named as a party defendant, the one-year time period shall be tolled while that civil action is pending.

    • If the investigation involves a matter in criminal litigation where the complainant is a criminal defendant, the one-year time period shall be tolled during the period of that defendant’s criminal investigation and prosecution.

    • If the investigation involves an allegation of workers’ compensation fraud on the part of the public safety officer.

• Government Code section 3304 (g) states the following:

  • Notwithstanding the one-year time period specified in subdivision (d), an investigation may be reopened against a public safety officer if both of the following circumstances exist:

  • Significant new evidence has been discovered that is likely to affect the outcome of the investigation.

  • One of the following conditions exist:

    • The evidence could not reasonably have been discovered in the normal course of investigation without resorting to extraordinary measures by the agency.

    • The evidence resulted from the public safety officer’s predisciplinary response or procedure.