Atkinson, Andelson, Loya, Ruud & Romo Home Page https://www.aalrr.com/public-safety-blog Mon, 20 Jul 2026 00:46:25 -0700 California Court of Appeal Clarifies Law Enforcement Agency Liability for Safeguarding Peace Officer Personnel Information (AKA “Pitchess”) and Duties to Investigate Citizen Complaints https://www.aalrr.com/public-safety-blog/california-court-of-appeal-clarifies-law-enforcement-agency-liability-for-safeguarding-peace-officer-personnel-information-aka-pitchess-and-duties-to-investigate-citizen-complaints Kevin R. Dale, Sarah J. Martoccia, John H. Bakhit public-safety-blog/california-court-of-appeal-clarifies-law-enforcement-agency-liability-for-safeguarding-peace-officer-personnel-information-aka-pitchess-and-duties-to-investigate-citizen-complaints Fri, 02 May 2025 09:00:01 -0700 On February 28, 2025, in Santa Ana Police Officers Association, et al, v. City of Santa Ana, the California Court of Appeal’s Fourth District ruled on a challenge by the Santa Ana Police Officers Association (“SAPOA”) and several of its officers who filed anonymously. The Court was asked to review the Superior Court’s dismissal of a lawsuit brought by the SAPOA and the officers alleging that the Santa Ana Police Department (“SAPD”) violated numerous state laws governing confidentiality of peace officer personnel records, investigations of citizen complaints, and labor rights to access information upon request.  The Court of Appeal’s decision rejected most of SAPOA and the officers’ arguments and clarified some of the important duties of law enforcement agencies to protect personnel information of officers and to investigate allegations of misconduct.

]]> Public Employment Relations Board Finds Pitchess Process Applies to Information Request for Peace Officer Personnel Records Arising Outside Labor or Arbitration Dispute https://www.aalrr.com/public-safety-blog/public-employment-relations-board-finds-pitchess-process-applies-to-information-request-for-peace-officer-personnel-records-arising-outside-labor-or-arbitration-dispute Eric T. Riss, John H. Bakhit public-safety-blog/public-employment-relations-board-finds-pitchess-process-applies-to-information-request-for-peace-officer-personnel-records-arising-outside-labor-or-arbitration-dispute Wed, 05 Feb 2025 09:00:02 -0800 On January 31, 2025, the California Public Employment Relations Board (“PERB” or “Board”) held in Trustees of the California State University (Stanislaus) (2025) PERB Dec. No. 2940-H that recognized unions cannot obtain confidential peace officer personnel records through a traditional request for information (“RFI”), but instead only through the Pitchess process.[1] PERB’s ruling signals a rare limitation on the otherwise-broad right of unions to obtain information from employers pursuant to their statutory representational duties. While the Board has found statutory labor law to apply unconstrained by the parallel provisions in other sources of state law (such as the CPRA), the clear and “unique” Pitchess statutory scheme required the Board to place limits on union’s RFI rights. 

]]> AALRR Attorney Presenting 2-day POST-Certified OIS Investigations Course at La Mesa PD https://www.aalrr.com/public-safety-blog/aalrr-attorney-presenting-2-day-post-certified-ois-investigations-course-at-la-mesa-pd John H. Bakhit public-safety-blog/aalrr-attorney-presenting-2-day-post-certified-ois-investigations-course-at-la-mesa-pd Thu, 10 Oct 2024 09:00:03 -0700 Join AALRR Attorney John Bakhit as he presents CPOA’s 2-day POST-Certified “Officer Involved Shooting - Supervisor & Management Responsibility” course at the La Mesa Police Department on October 23 & 24, 2024 (click here for flyer).  This course covers the legal aspects and investigation of an Officer Involved Shooting, including critical incidents not related to the use of firearms. We will also discuss public perceptions, criminal/administrative investigations, case law, risk management issues, and dealing with the press and media.

]]> AALRR Attorney Presenting 2-day POST-Certified OIS Investigations Course at Long Beach PD https://www.aalrr.com/public-safety-blog/aalrr-attorney-presenting-2-day-post-certified-ois-investigations-course-at-long-beach-pd John H. Bakhit public-safety-blog/aalrr-attorney-presenting-2-day-post-certified-ois-investigations-course-at-long-beach-pd Wed, 05 Jun 2024 09:00:04 -0700 Join AALRR Attorney John Bakhit as he presents CPOA’s 2-day POST-Certified “Officer Involved Shooting - Supervisor & Management Responsibility” course at the Long Beach Police Department on June 11 & 12, 2024 (click here for flyer).  This course covers legal aspects and investigation of an Officer Involved Shooting, including critical incidents not related to the use of firearms. We will also discuss public perceptions, criminal/administrative investigations, case law, risk management issues, and dealing with the press and media.

]]> AALRR Attorney Presenting 2-day POST-Certified OIS Investigations Course at Davis PD https://www.aalrr.com/public-safety-blog/aalrr-attorney-presenting-2-day-post-certified-ois-investigations-course-at-davis-pd John H. Bakhit public-safety-blog/aalrr-attorney-presenting-2-day-post-certified-ois-investigations-course-at-davis-pd Fri, 15 Mar 2024 09:00:05 -0700 Join AALRR Attorney John Bakhit as he presents CPOA’s 2-day POST-Certified “Officer Involved Shooting - Supervisor & Management Responsibility” course at the Davis Police Department on April 17 & 18, 2024 (click here for flyer).  This course covers legal aspects and investigation of an Officer Involved Shooting, including critical incidents not related to the use of firearms. We will also discuss public perceptions, criminal/administrative investigations, case law, risk management issues, and dealing with the press and media.

]]> Legal Update Impacting Confidentiality of Peace Officers’ Personnel Files – Senate Bill 400 https://www.aalrr.com/public-safety-blog/legal-update-impacting-confidentiality-of-peace-officers-personnel-files-senate-bill-400 John H. Bakhit public-safety-blog/legal-update-impacting-confidentiality-of-peace-officers-personnel-files-senate-bill-400 Fri, 15 Mar 2024 09:00:06 -0700 On February 29, 2024, Governor Newsom signed into law Senate Bill 400, allowing law enforcement agencies to release statements announcing terminations of police officers and custody officers.  This law is the latest demonstration of California’s commitment to transparency and granting the public more access to information concerning law enforcement employment matters.  This new legislation further amends Penal Code section 832.7 and permits, but does not mandate, employing law enforcement agencies, to disclose peace officer terminations for cause and their reasons, under certain circumstances.  This bill passed both the Assembly and Senate unanimously.  Its passage was not without controversy, as opponents initially feared disclosure of terminations would be mandatory. 

]]> Cannabis Use - California’s Commission on Peace Officer Standards and Training (“POST”) Issues Bulletin on Legislative Changes Affecting Selection Standards https://www.aalrr.com/public-safety-blog/cannabis-use-californias-commission-on-peace-officer-standards-and-training-post-issues-bulletin-on-legislative-changes-affecting-selection-standards John H. Bakhit public-safety-blog/cannabis-use-californias-commission-on-peace-officer-standards-and-training-post-issues-bulletin-on-legislative-changes-affecting-selection-standards Mon, 18 Dec 2023 09:00:07 -0800 On December 7, 2023, POST issued Bulletin No. 2023-67 which addresses recent legislation concerning cannabis use by employees. Effective January 1, 2024, California is amending Government Code section 12954, which prohibits discrimination against a person in hiring, termination, or term or condition of employment for their use of cannabis off the job and away from the workplace. Governor Newsome signed Senate Bill 700 (2023) into law in October 2023, which amended Government Code section 12954 and will make it unlawful for an employer to request information from an applicant relating to their prior use of cannabis. Accordingly, POST has modified the POST Personal History Statement – Peace Officer (2-251) and Personal History Statement – Public Safety Dispatcher (2-255) to remove inquiries concerning a candidate’s prior cannabis use.

]]> AALRR Attorney Presenting 2-day POST-Certified OIS Investigations Course at Rialto PD https://www.aalrr.com/public-safety-blog/aalrr-attorney-presenting-2-day-post-certified-ois-investigations-course-at-rialto-pd John H. Bakhit public-safety-blog/aalrr-attorney-presenting-2-day-post-certified-ois-investigations-course-at-rialto-pd Wed, 18 Oct 2023 09:00:08 -0700 Join AALRR Attorney John Bakhit as he presents CPOA’s 2-day POST-Certified “Officer Involved Shooting - Supervisor & Management Responsibility” course at Rialto Police Department on February 27 & 28, 2024.  This course covers the legal aspects and investigation of an Officer Involved Shooting, including critical incidents not related to the use of firearms. We will also discuss public perceptions, criminal/administrative investigations, case law, risk management issues, and dealing with the press and media.

]]> AALRR Attorney Presenting 2-day POST-Certified OIS Investigations Course at Riverside PD https://www.aalrr.com/public-safety-blog/aalrr-attorney-presenting-2-day-post-certified-ois-investigations-course-at-riverside-pd John H. Bakhit public-safety-blog/aalrr-attorney-presenting-2-day-post-certified-ois-investigations-course-at-riverside-pd Wed, 09 Aug 2023 09:00:09 -0700 Join AALRR Attorney John Bakhit as he presents CPOA’s 2-day POST-Certified “Officer Involved Shooting - Supervisor & Management Responsibility” course in Riverside on October 23 & 24, 2023 (Click here for event flyer).  This course covers legal aspects and investigation of an Officer Involved Shooting, including critical incidents not related to the use of firearms. We will also discuss public perceptions, criminal/ administrative investigations, case law, risk management issues, and dealing with the press and media.

John Bakhit is co-chair of AALRR’s Public Safety Team and served as an Oakland Police Officer prior to becoming an attorney. Additionally, John brings a unique perspective to the Firm’s clients since he represented public safety unions for over 15 years. 

We look forward to seeing you at Riverside PD!

]]> Court of Appeal Further Clarifies POBR 1-Year Statute of Limitations https://www.aalrr.com/public-safety-blog/court-of-appeal-further-clarifies-pobr-1-year-statute-of-limitations John H. Bakhit, Sarah J. Martoccia public-safety-blog/court-of-appeal-further-clarifies-pobr-1-year-statute-of-limitations Thu, 30 Mar 2023 09:00:10 -0700 Less than 3 months after Shouse v. County of Riverside (2022) 84 Cal.App.5th 1080, the California Court of Appeal handed down another ruling concerning the one-year statute of limitations found in the Public Safety Officers Procedural Bill of Rights Act, a.k.a. “POBR”. On January 26, 2023, the California Court of Appeal, Third District, ruled that the one-year statute of limitations under Government Code section 3304(d) (POBR), “begins to run on the date of the discovery of each act of misconduct, not the date an investigation is initiated for any one act…” (Garcia v. State Dep't of Developmental Servs., (“Garcia”) 88 Cal. App. 5th 460, 304 Cal. Rptr. 3d 687 (2023).)   

In Garcia, police officer Luis Garcia was demoted for misconduct and appealed the discipline through the State Personnel Board (“SPB”). The SPB upheld the demotion, determining that consideration of only some, but not all, of Garcia’s misconduct underlying the demotion was time-barred. Garcia then petitioned for writ of mandate challenging the SPB’s decision. The Superior Court, Sacramento County, denied Garcia’s petition and Garcia appealed. The Court explained that not only is the language in Government Code section 3304(d)(1) plain and clear, but case precedent also confirms that “the date of discovery, not the date any investigation is initiated, is the guiding consideration. As our Supreme Court explained in a prior case involving section 3304(d)(1), “[t]he one-year period runs from the time the misconduct is discovered”, referring to Mays v. City of Los Angeles (2008) 43 Cal.4th 313, 322, 74 Cal.Rptr.3d 891, 180 P.3d 935. (Garcia v. State Dep't of Developmental Servs., 88 Cal. App. 5th 460, 304 Cal. Rptr. 3d 687, 692 (2023).)

This case is yet another example of the importance of utilizing experienced counsel that are well versed in POBR. In addition to our regular blog posts concerning legal updates affecting public safety, we are also presenting a 3-part Intro to POBR series via webinar for your convenience. Click here to learn more and register for this important training.

This AALRR posting is intended for informational purposes only and should not be relied upon in reaching a conclusion in a particular area of law. Applicability of the legal principles discussed may differ substantially in individual situations. Receipt of this or any other AALRR publication does not create an attorney-client relationship. The Firm is not responsible for inadvertent errors that may occur in the publishing process. 

© 2023 Atkinson, Andelson, Loya, Ruud & Romo

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