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Court Enjoins County For POBR Violations
By: Dieter Dammeier
Lackie & Dammeier LLP
The
Los Angeles County Police Officers Association represents over four
hundred police officers who work for the County of Los Angeles. Its
current board of directors, especially its President, Scott Frayer, have
taken a zero tolerance when it comes to violations of LACPOA member’s
rights pursuant to the Public Safety Officers Procedural Bill of Rights
Act. LACPOA was successful earlier this year in obtaining an injunction
and eliminating discipline for one of its members based on the statute of
limitations contained in POBR. This is the second victory for LACPOA in
enforcing POBR, this time on a more global scale.
Pursuant to POBR,
specifically Government Code §3303(c), prior to the interrogation of a
public safety officer, that officer must be informed of the “nature of the
investigation.” It had become the apparent practice of the Internal
Affairs Unit of the Office of Public Safety in Los Angeles County to
provide a generic interrogation notice and then when the officer showed up
for the interrogation spring something entirely different on him. One
such case involved Officer Jay Jacobson who was informed he was being
investigated for allegations of sexual harassment (which were later deemed
unfounded). Receiving the notice of a sexual harassment investigation,
Officer Jacobson appeared at his interrogation time with this author. In
the middle of the interrogation for the alleged sexual harassment, the
Internal Affairs Investigator began questioning Jacobson in regard to
making traffic stops outside of his patrol area, a matter completely
unrelated to sexual harassment. I requested to take a break so that
Jacobson may consult with his representative on this newly introduced
topic. The Internal Affairs Investigator refused and compelled Jacobson,
under threat of insubordination, to answer questions regarding the
unnoticed allegation.
A separate
investigation involving another officer who was alleged to have been
racially profiling traffic stops (later deemed unfounded) attended his
scheduled interrogation, again with this author. Here again, the
investigating sergeant went into the area of this officer conducting
traffic stops outside his patrol beat. Only after repeated demands that
the officer be allowed to consult with his representative on the matter
prior to questioning on this unnoticed allegation, did the sergeant
finally allow a break in the interrogation.
LACPOA immediately
authorized Lackie and Dammeier to seek a writ of mandate in the Superior
Court to put a stop to the Department’s unlawful activity in conducting
internal affairs investigations. This was viewed as more than just
activity in violation of POBR but simply an unfair practice in noticing an
officer of one thing and then attempting to catch him off guard and bring
up an entirely separate matter he is unprepared to discuss. Michael
Morguess, of Lackie and Dammeier filed the writ and made arguments to the
Court. The County attempted to make a “no harm no fowl” argument claiming
that because the officers were not disciplined in any manner based on the
unnoticed allegations that the County should not be held culpable for
violating POBR. The Court did not buy this argument and concluded that
the Act does not only protect officers who ultimately receive discipline,
but all officers who are subject to administrative investigations.
Whether or not the officer ends up receiving discipline has no bearing on
whether or not the Department has to properly follow the procedural
requirements of the Act.
The Court, Judge
Ronald M. Sohigian, granted the Injunctive Relief requested and ordered an
injunction against the County prohibiting the unlawful practice of this
bate and switch activity. LACPOA will maintain its vigilant eye on the
Department, especially its internal affairs unit, to continue to ensure
their members rights are fully protected.
About the author, Dieter C. Dammeier is a LDF Panel Attorney with Lackie
& Dammeier, representing associations in labor and disciplinary matters
throughout California.
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