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Newsletters
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Court
Enjoins County
For POBR Violations
By: Dieter Dammeier
Lackie, Dammeier & McGill APC
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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 & McGill, representing associations in labor and disciplinary matters throughout California.
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