| 1 | | - | Amended IN Senate January 08, 2020 Amended IN Senate January 06, 2020 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 536Introduced by Senator UmbergFebruary 21, 2019 An act to add and repeal Chapter 9.75 (commencing with Section 3350) of Division 4 of Title 1 of the Government Code, relating to public employment. amend Section 3301 of the Government Code, relating to public employment.LEGISLATIVE COUNSEL'S DIGESTSB 536, as amended, Umberg. Coroners: employment rights.Existing law, the Public Safety Officers Procedural Bill of Rights Act, grants certain employment rights and protections to public safety officers, as defined, and creates a cause of action against an employer that violates any of those rights or protections. The act excludes coroners and deputy coroners from its application.This bill would, until January 1, 2025, establish a pilot program in would require the County of Los Angeles to apply similar grant the employment rights and protections of public safety officers to coroners and deputy coroners employed by that county. By requiring the County of Los Angeles to follow the requirements of these provisions with regard to coroners and deputy coroners, this bill would create a state-mandated local program.This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Los Angeles.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 3301 of the Government Code is amended to read:3301. (a) (1) For purposes of this chapter, the term public safety officer means all peace officers specified in Sections 830.1, 830.2, 830.3, 830.31, 830.32, 830.33, except subdivision (e), 830.34, 830.35, except subdivision (c), 830.36, 830.37, 830.38, 830.4, and 830.5 of the Penal Code.(2) Notwithstanding paragraph (1), coroners and deputy coroners employed by the County of Los Angeles are public safety officers for purposes of this chapter. The(b) The Legislature hereby finds and declares that the rights and protections provided to peace officers under this chapter constitute a matter of statewide concern. The Legislature further finds and declares that effective law enforcement depends upon the maintenance of stable employer-employee relations, between public safety employees and their employers. In order to assure that stable relations are continued throughout the state and to further assure that effective services are provided to all people of the state, it is necessary that this chapter be applicable to all public safety officers, as defined in this section, wherever situated within the State of California.SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the need within the County of Los Angeles to protect the employment rights of coroners and deputy coroners employed by the county.SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. |
|---|
| 1 | + | Amended IN Senate January 06, 2020 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 536Introduced by Senator UmbergFebruary 21, 2019 An act to amend Section 3301 of add and repeal Chapter 9.75 (commencing with Section 3350) of Division 4 of Title 1 of the Government Code, relating to public safety officers. public employment.LEGISLATIVE COUNSEL'S DIGESTSB 536, as amended, Umberg. Public safety officers. Coroners: employment rights.Existing law, the Public Safety Officers Procedural Bill of Rights Act, grants certain employment rights and protections to public safety officers, as defined, and creates a cause of action against an employer that violates any of those rights or protections. The act excludes coroners and deputy coroners from its application.This bill would include coroners and deputy coroners within the application of the act. would, until January 1, 2025, establish a pilot program in the County of Los Angeles to apply similar employment rights and protections to coroners and deputy coroners employed by that county. By requiring counties the County of Los Angeles to follow the requirements of the act with respect to additional employees, these provisions with regard to coroners and deputy coroners, this bill would create a state-mandated local program.This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Los Angeles.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Chapter 9.75 (commencing with Section 3350) is added to Division 4 of Title 1 of the Government Code, immediately following Chapter 9.7, to read: CHAPTER 9.75. Los Angeles Coroners 3350. (a) This chapter shall apply only to a coroner or deputy coroner (hereinafter coroner) employed by the County of Los Angeles.(b) For purposes of this chapter, public department means the County of Los Angeles and its public departments.3351. When any coroner is under investigation and subjected to interrogation by their superior officer, or any other member of the employing department, that could lead to punitive action, the interrogation shall be conducted under the following conditions. For the purpose of this chapter, punitive action means any action that may lead to dismissal, demotion, suspension, reduction in salary, written reprimand, or transfer for purposes of punishment.(a) The interrogation shall be conducted at a reasonable hour, preferably at a time when the coroner is on duty, or during the normal waking hours for the coroner, unless the seriousness of the investigation requires otherwise. If the interrogation does occur during off-duty time of the coroner being interrogated, the coroner shall be compensated for any off-duty time in accordance with regular department procedures, and the coroner shall not be released from employment for any work missed.(b) The coroner under investigation shall be informed prior to the interrogation of the rank, name, and command of the officer in charge of the interrogation, the interrogating officers, and all other persons to be present during the interrogation. All questions directed to the coroner under interrogation shall be asked by and through no more than two interrogators at one time.(c) The coroner under investigation shall be informed of the nature of the investigation prior to any interrogation.(d) The interrogating session shall be for a reasonable period taking into consideration gravity and complexity of the issue being investigated. The person under interrogation shall be allowed to attend to their own personal physical necessities.(e) The coroner under interrogation shall not be subjected to offensive language or threatened with punitive action, except that a coroner refusing to respond to questions or submit to interrogations shall be informed that failure to answer questions directly related to the investigation or interrogation may result in punitive action. No promise of reward shall be made as an inducement to answering any question. The employer shall not cause the coroner under interrogation to be subjected to visits by the press or news media without their express consent nor shall their home address or photograph be given to the press or news media without their express consent.(f) No statement made during interrogation by a coroner under duress, coercion, or threat of punitive action shall be admissible in any subsequent civil proceeding. This subdivision is subject to the following qualifications:(1) This subdivision shall not limit the use of statements made by a coroner when the employing department is seeking civil sanctions against any coroner, including disciplinary action brought under Section 19572.(2) This subdivision shall not prevent the admissibility of statements made by the coroner under interrogation in any civil action, including administrative actions, brought by that coroner, or that coroners exclusive representative, arising out of a disciplinary action.(3) This subdivision shall not prevent statements made by a coroner under interrogation from being used to impeach the testimony of that coroner after an in camera review to determine whether the statements serve to impeach the testimony of the coroner.(4) This subdivision shall not otherwise prevent the admissibility of statements made by a coroner under interrogation if that coroner subsequently is deceased.(g) The complete interrogation of a coroner may be recorded. If a tape recording is made of the interrogation, the coroner shall have access to the tape if any further proceedings are contemplated or prior to any further interrogation at a subsequent time. The coroner shall be entitled to a transcribed copy of any notes made by a stenographer or to any reports or complaints made by investigators or other persons, except those which are deemed by the investigating agency to be confidential. No notes or reports that are deemed to be confidential may be entered in the coroners personnel file. The coroner being interrogated shall have the right to bring their own recording device and record any and all aspects of the interrogation.(h) If prior to or during the interrogation of a coroner it is deemed that they may be charged with a criminal offense, they shall be immediately informed of their constitutional rights.(i) Upon the filing of a formal written statement of charges, or whenever an interrogation focuses on matters that are likely to result in punitive action against any coroner, that coroner, at their request, shall have the right to be represented by a representative of their choice who may be present at all times during the interrogation. The representative shall not be a person subject to the same investigation. The representative shall not be required to disclose, nor be subject to any punitive action for refusing to disclose, any information received from the coroner under investigation for noncriminal matters.This section shall not apply to any interrogation of a coroner in the normal course of duty, counseling, instruction, or informal verbal admonishment by, or other routine or unplanned contact with, a supervisor or any other coroner, nor shall this section apply to an investigation concerned solely and directly with alleged criminal activities.(j) No coroner shall be loaned or temporarily reassigned to a location or duty assignment if a sworn member of their department would not normally be sent to that location or would not normally be given that duty assignment under similar circumstances. 3352. (a) No coroner shall be subjected to punitive action, or denied promotion, or be threatened with any such treatment, because of the lawful exercise of the rights granted under this chapter, or the exercise of any rights under any existing administrative grievance procedure.Nothing in this section shall preclude a head of an agency from ordering a coroner to cooperate with other agencies involved in criminal investigations. If a coroner fails to comply with such an order, the agency may officially charge them with insubordination.(b) No punitive action, nor denial of promotion on grounds other than merit, shall be undertaken by any public agency against any coroner who has successfully completed the probationary period that may be required by their employing agency without providing the coroner with an opportunity for administrative appeal.(c) (1) Except as provided in this subdivision and subdivision (f), 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 agencys discovery by a person authorized to initiate an investigation of the allegation of an act, omission, or other misconduct. In the event that the public agency determines that discipline may be taken, it shall complete its investigation and notify the coroner of its proposed discipline by a Letter of Intent or Notice of Adverse Action articulating the discipline that year, except as provided in paragraph (2). The public agency shall not be required to impose the discipline within that one-year period.(2) (A) 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.(B) If the coroner waives the one-year time period in writing, the time period shall be tolled for the period of time specified in the written waiver.(C) If the investigation is a multijurisdictional investigation that requires a reasonable extension for coordination of the involved agencies.(D) If the investigation involves more than one employee and requires a reasonable extension.(E) If the investigation involves an employee who is incapacitated or otherwise unavailable.(F) If the investigation involves a matter in civil litigation where the coroner is named as a party defendant, the one-year time period shall be tolled while that civil action is pending.(G) 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 defendants criminal investigation and prosecution.(H) If the investigation involves an allegation of workers compensation fraud on the part of the coroner.(d) Where a predisciplinary response or grievance procedure is required or utilized, the time for this response or procedure shall not be governed or limited by this chapter.(e) If, after investigation and any predisciplinary response or procedure, the public agency decides to impose discipline, the public agency shall notify the coroner in writing of its decision to impose discipline, including the date that the discipline will be imposed, within 30 days of its decision, except if the coroner is unavailable for discipline.(f) Notwithstanding the one-year time period specified in subdivision (d), an investigation may be reopened against a coroner if both of the following circumstances exist:(1) Significant new evidence has been discovered that is likely to affect the outcome of the investigation.(2) One of the following conditions exist:(A) The evidence could not reasonably have been discovered in the normal course of investigation without resorting to extraordinary measures by the agency.(B) The evidence resulted from the coroners predisciplinary response or procedure.3353. No coroner shall have any comment adverse to their interest entered in their personnel file, or any other file used for any personnel purposes by their employer, without the coroner having first read and signed the instrument containing the adverse comment indicating they are aware of such comment, except that an entry may be made if after reading such instrument the coroner refuses to sign it. Should a coroner refuse to sign, that fact shall be noted on that document, and signed or initialed by the coroner. 3354. A coroner shall have 30 days within which to file a written response to any adverse comment entered in their personnel file. Such written response shall be attached to, and shall accompany, the adverse comment. 3355. (a) Every employer shall, at reasonable times and at reasonable intervals, upon the request of a coroner, during usual business hours, with no loss of compensation to the coroner, permit that coroner to inspect personnel files that are used or have been used to determine that coroners qualifications for employment, promotion, additional compensation, or termination or other disciplinary action.(b) Each employer shall keep each coroners personnel file or a true and correct copy thereof, and shall make the file or copy thereof available within a reasonable period of time after a request therefor by the coroner.(c) If, after examination of the coroners personnel file, the coroner believes that any portion of the material is mistakenly or unlawfully placed in the file, the coroner may request, in writing, that the mistaken or unlawful portion be corrected or deleted. Any request made pursuant to this subdivision shall include a statement by the coroner describing the corrections or deletions from the personnel file requested and the reasons supporting those corrections or deletions. A statement submitted pursuant to this subdivision shall become part of the personnel file of the coroner.(d) Within 30 calendar days of receipt of a request made pursuant to subdivision (c), the employer shall either grant the officers request or notify the coroner of the decision to refuse to grant the request. If the employer refuses to grant the request, in whole or in part, the employer shall state in writing the reasons for refusing the request, and that written statement shall become part of the personnel file of the coroner. 3356. (a) No coroner shall be compelled to submit to a lie detector test against their will. No disciplinary action or other recrimination shall be taken against a coroner refusing to submit to a lie detector test, nor shall any comment be entered anywhere in the investigators notes or anywhere else that the coroner refused to take, or did not take, a lie detector test, nor shall any testimony or evidence be admissible at a subsequent hearing, trial, or proceeding, judicial or administrative, to the effect that the coroner refused to take, or was subjected to, a lie detector test.(b) For the purpose of this section, lie detector means a polygraph, deceptograph, voice stress analyzer, psychological stress evaluator, or any other similar device, whether mechanical or electrical, that is used, or the results of which are used, for the purpose of rendering a diagnostic opinion regarding the honesty or dishonesty of an individual. 3357. No coroner shall be required or requested for purposes of job assignment or other personnel action to disclose any item of their property, income, assets, source of income, debts or personal or domestic expenditures (including those of any member of their family or household) unless such information is obtained or required under state law or proper legal procedure, tends to indicate a conflict of interest with respect to the performance of their official duties, or is necessary for the employing agency to ascertain the desirability of assigning the coroner to a specialized unit in which there is a strong possibility that bribes or other improper inducements may be offered. 3358. No coroner shall have their locker, or other space for storage that may be assigned to them searched except in their presence, or with their consent, or unless a valid search warrant has been obtained or where they have been notified that a search will be conducted. This section shall apply only to lockers or other space for storage that are owned or leased by the employing agency. 3359. (a) It shall be unlawful for any public department to deny or refuse to any coroner the rights and protections guaranteed to them by this chapter.(b) Nothing in subdivision (h) of Section 11181 shall be construed to affect the rights and protections afforded to a coroner under this chapter.(c) The superior court shall have initial jurisdiction over any proceeding brought by any coroner against any public department for alleged violations of this chapter.(d) (1) In any case where the superior court finds that a public department has violated any of the provisions of this chapter, the court shall render appropriate injunctive or other extraordinary relief to remedy the violation and to prevent future violations of a like or similar nature, including, but not limited to, the granting of a temporary restraining order, preliminary injunction, or permanent injunction prohibiting the public department from taking any punitive action against the coroner.(2) If the court finds that a bad faith or frivolous action or a filing for an improper purpose has been brought pursuant to this chapter, the court may order sanctions against the party filing the action, the partys attorney, or both, pursuant to Sections 128.6 and 128.7 of the Code of Civil Procedure. Those sanctions may include, but not be limited to, reasonable expenses, including attorneys fees, incurred by a public department as the court deems appropriate. Nothing in this paragraph is intended to subject actions or filings under this section to rules or standards that are different from those applicable to other civil actions or filings subject to Section 128.6 or 128.7 of the Code of Civil Procedure.(e) In addition to the extraordinary relief afforded by this chapter, upon a finding by a superior court that a public department, its employees, agents, or assigns, with respect to acts taken within the scope of employment, maliciously violated any provision of this chapter with the intent to injure the coroner, the public department shall, for each and every violation, be liable for a civil penalty not to exceed twenty-five thousand dollars ($25,000) to be awarded to the coroner whose right or protection was denied and for reasonable attorneys fees as may be determined by the court. If the court so finds, and there is sufficient evidence to establish actual damages suffered by the coroner whose right or protection was denied, the public department shall also be liable for the amount of the actual damages. Notwithstanding these provisions, a public department may not be required to indemnify a contractor for the contractors liability pursuant to this subdivision if there is, within the contract between the public department and the contractor, a hold harmless or similar provision that protects the public department from liability for the actions of the contractor. An individual shall not be liable for any act for which a public department is liable under this section. 3360. Any public agency which has adopted, through action of its governing body or its official designee, any procedure which at a minimum provides to coroners the same rights or protections as provided pursuant to this chapter shall not be subject to this chapter with regard to such a procedure. 3361. Nothing in this chapter shall in any way be construed to limit the use of any public agency or any coroner in the fulfilling of mutual aid agreements with other jurisdictions or agencies, nor shall this chapter be construed in any way to limit any jurisdictional or interagency cooperation under any circumstances where such activity is deemed necessary or desirable by the jurisdictions or the agencies involved. 3362. This chapter shall remain in effect only until January 1, 2025, and as of that date is repealed.SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the need to establish a pilot program within the County of Los Angeles to protect the employment rights of coroners and deputy coroners employed by the county.SECTION 1.Section 3301 of the Government Code is amended to read:3301.(a)For purposes of this chapter, the term public safety officer means all peace officers specified in Sections 830.1, 830.2, 830.3, 830.31, 830.32, 830.33, except subdivision (e), 830.34, 830.35, 830.36, 830.37, 830.38, 830.4, and 830.5 of the Penal Code.(b)The Legislature hereby finds and declares that the rights and protections provided to peace officers under this chapter constitute a matter of statewide concern. The Legislature further finds and declares that effective law enforcement depends upon the maintenance of stable employer-employee relations, between public safety employees and their employers. In order to assure that stable relations are continued throughout the state and to further assure that effective services are provided to all people of the state, it is necessary that this chapter be applicable to all public safety officers, as defined in this section, wherever situated within the State of California.SEC. 2.SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. |
|---|
| 45 | | - | The people of the State of California do enact as follows:SECTION 1. Section 3301 of the Government Code is amended to read:3301. (a) (1) For purposes of this chapter, the term public safety officer means all peace officers specified in Sections 830.1, 830.2, 830.3, 830.31, 830.32, 830.33, except subdivision (e), 830.34, 830.35, except subdivision (c), 830.36, 830.37, 830.38, 830.4, and 830.5 of the Penal Code.(2) Notwithstanding paragraph (1), coroners and deputy coroners employed by the County of Los Angeles are public safety officers for purposes of this chapter. The(b) The Legislature hereby finds and declares that the rights and protections provided to peace officers under this chapter constitute a matter of statewide concern. The Legislature further finds and declares that effective law enforcement depends upon the maintenance of stable employer-employee relations, between public safety employees and their employers. In order to assure that stable relations are continued throughout the state and to further assure that effective services are provided to all people of the state, it is necessary that this chapter be applicable to all public safety officers, as defined in this section, wherever situated within the State of California.SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the need within the County of Los Angeles to protect the employment rights of coroners and deputy coroners employed by the county.SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. |
|---|
| 44 | + | The people of the State of California do enact as follows:SECTION 1. Chapter 9.75 (commencing with Section 3350) is added to Division 4 of Title 1 of the Government Code, immediately following Chapter 9.7, to read: CHAPTER 9.75. Los Angeles Coroners 3350. (a) This chapter shall apply only to a coroner or deputy coroner (hereinafter coroner) employed by the County of Los Angeles.(b) For purposes of this chapter, public department means the County of Los Angeles and its public departments.3351. When any coroner is under investigation and subjected to interrogation by their superior officer, or any other member of the employing department, that could lead to punitive action, the interrogation shall be conducted under the following conditions. For the purpose of this chapter, punitive action means any action that may lead to dismissal, demotion, suspension, reduction in salary, written reprimand, or transfer for purposes of punishment.(a) The interrogation shall be conducted at a reasonable hour, preferably at a time when the coroner is on duty, or during the normal waking hours for the coroner, unless the seriousness of the investigation requires otherwise. If the interrogation does occur during off-duty time of the coroner being interrogated, the coroner shall be compensated for any off-duty time in accordance with regular department procedures, and the coroner shall not be released from employment for any work missed.(b) The coroner under investigation shall be informed prior to the interrogation of the rank, name, and command of the officer in charge of the interrogation, the interrogating officers, and all other persons to be present during the interrogation. All questions directed to the coroner under interrogation shall be asked by and through no more than two interrogators at one time.(c) The coroner under investigation shall be informed of the nature of the investigation prior to any interrogation.(d) The interrogating session shall be for a reasonable period taking into consideration gravity and complexity of the issue being investigated. The person under interrogation shall be allowed to attend to their own personal physical necessities.(e) The coroner under interrogation shall not be subjected to offensive language or threatened with punitive action, except that a coroner refusing to respond to questions or submit to interrogations shall be informed that failure to answer questions directly related to the investigation or interrogation may result in punitive action. No promise of reward shall be made as an inducement to answering any question. The employer shall not cause the coroner under interrogation to be subjected to visits by the press or news media without their express consent nor shall their home address or photograph be given to the press or news media without their express consent.(f) No statement made during interrogation by a coroner under duress, coercion, or threat of punitive action shall be admissible in any subsequent civil proceeding. This subdivision is subject to the following qualifications:(1) This subdivision shall not limit the use of statements made by a coroner when the employing department is seeking civil sanctions against any coroner, including disciplinary action brought under Section 19572.(2) This subdivision shall not prevent the admissibility of statements made by the coroner under interrogation in any civil action, including administrative actions, brought by that coroner, or that coroners exclusive representative, arising out of a disciplinary action.(3) This subdivision shall not prevent statements made by a coroner under interrogation from being used to impeach the testimony of that coroner after an in camera review to determine whether the statements serve to impeach the testimony of the coroner.(4) This subdivision shall not otherwise prevent the admissibility of statements made by a coroner under interrogation if that coroner subsequently is deceased.(g) The complete interrogation of a coroner may be recorded. If a tape recording is made of the interrogation, the coroner shall have access to the tape if any further proceedings are contemplated or prior to any further interrogation at a subsequent time. The coroner shall be entitled to a transcribed copy of any notes made by a stenographer or to any reports or complaints made by investigators or other persons, except those which are deemed by the investigating agency to be confidential. No notes or reports that are deemed to be confidential may be entered in the coroners personnel file. The coroner being interrogated shall have the right to bring their own recording device and record any and all aspects of the interrogation.(h) If prior to or during the interrogation of a coroner it is deemed that they may be charged with a criminal offense, they shall be immediately informed of their constitutional rights.(i) Upon the filing of a formal written statement of charges, or whenever an interrogation focuses on matters that are likely to result in punitive action against any coroner, that coroner, at their request, shall have the right to be represented by a representative of their choice who may be present at all times during the interrogation. The representative shall not be a person subject to the same investigation. The representative shall not be required to disclose, nor be subject to any punitive action for refusing to disclose, any information received from the coroner under investigation for noncriminal matters.This section shall not apply to any interrogation of a coroner in the normal course of duty, counseling, instruction, or informal verbal admonishment by, or other routine or unplanned contact with, a supervisor or any other coroner, nor shall this section apply to an investigation concerned solely and directly with alleged criminal activities.(j) No coroner shall be loaned or temporarily reassigned to a location or duty assignment if a sworn member of their department would not normally be sent to that location or would not normally be given that duty assignment under similar circumstances. 3352. (a) No coroner shall be subjected to punitive action, or denied promotion, or be threatened with any such treatment, because of the lawful exercise of the rights granted under this chapter, or the exercise of any rights under any existing administrative grievance procedure.Nothing in this section shall preclude a head of an agency from ordering a coroner to cooperate with other agencies involved in criminal investigations. If a coroner fails to comply with such an order, the agency may officially charge them with insubordination.(b) No punitive action, nor denial of promotion on grounds other than merit, shall be undertaken by any public agency against any coroner who has successfully completed the probationary period that may be required by their employing agency without providing the coroner with an opportunity for administrative appeal.(c) (1) Except as provided in this subdivision and subdivision (f), 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 agencys discovery by a person authorized to initiate an investigation of the allegation of an act, omission, or other misconduct. In the event that the public agency determines that discipline may be taken, it shall complete its investigation and notify the coroner of its proposed discipline by a Letter of Intent or Notice of Adverse Action articulating the discipline that year, except as provided in paragraph (2). The public agency shall not be required to impose the discipline within that one-year period.(2) (A) 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.(B) If the coroner waives the one-year time period in writing, the time period shall be tolled for the period of time specified in the written waiver.(C) If the investigation is a multijurisdictional investigation that requires a reasonable extension for coordination of the involved agencies.(D) If the investigation involves more than one employee and requires a reasonable extension.(E) If the investigation involves an employee who is incapacitated or otherwise unavailable.(F) If the investigation involves a matter in civil litigation where the coroner is named as a party defendant, the one-year time period shall be tolled while that civil action is pending.(G) 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 defendants criminal investigation and prosecution.(H) If the investigation involves an allegation of workers compensation fraud on the part of the coroner.(d) Where a predisciplinary response or grievance procedure is required or utilized, the time for this response or procedure shall not be governed or limited by this chapter.(e) If, after investigation and any predisciplinary response or procedure, the public agency decides to impose discipline, the public agency shall notify the coroner in writing of its decision to impose discipline, including the date that the discipline will be imposed, within 30 days of its decision, except if the coroner is unavailable for discipline.(f) Notwithstanding the one-year time period specified in subdivision (d), an investigation may be reopened against a coroner if both of the following circumstances exist:(1) Significant new evidence has been discovered that is likely to affect the outcome of the investigation.(2) One of the following conditions exist:(A) The evidence could not reasonably have been discovered in the normal course of investigation without resorting to extraordinary measures by the agency.(B) The evidence resulted from the coroners predisciplinary response or procedure.3353. No coroner shall have any comment adverse to their interest entered in their personnel file, or any other file used for any personnel purposes by their employer, without the coroner having first read and signed the instrument containing the adverse comment indicating they are aware of such comment, except that an entry may be made if after reading such instrument the coroner refuses to sign it. Should a coroner refuse to sign, that fact shall be noted on that document, and signed or initialed by the coroner. 3354. A coroner shall have 30 days within which to file a written response to any adverse comment entered in their personnel file. Such written response shall be attached to, and shall accompany, the adverse comment. 3355. (a) Every employer shall, at reasonable times and at reasonable intervals, upon the request of a coroner, during usual business hours, with no loss of compensation to the coroner, permit that coroner to inspect personnel files that are used or have been used to determine that coroners qualifications for employment, promotion, additional compensation, or termination or other disciplinary action.(b) Each employer shall keep each coroners personnel file or a true and correct copy thereof, and shall make the file or copy thereof available within a reasonable period of time after a request therefor by the coroner.(c) If, after examination of the coroners personnel file, the coroner believes that any portion of the material is mistakenly or unlawfully placed in the file, the coroner may request, in writing, that the mistaken or unlawful portion be corrected or deleted. Any request made pursuant to this subdivision shall include a statement by the coroner describing the corrections or deletions from the personnel file requested and the reasons supporting those corrections or deletions. A statement submitted pursuant to this subdivision shall become part of the personnel file of the coroner.(d) Within 30 calendar days of receipt of a request made pursuant to subdivision (c), the employer shall either grant the officers request or notify the coroner of the decision to refuse to grant the request. If the employer refuses to grant the request, in whole or in part, the employer shall state in writing the reasons for refusing the request, and that written statement shall become part of the personnel file of the coroner. 3356. (a) No coroner shall be compelled to submit to a lie detector test against their will. No disciplinary action or other recrimination shall be taken against a coroner refusing to submit to a lie detector test, nor shall any comment be entered anywhere in the investigators notes or anywhere else that the coroner refused to take, or did not take, a lie detector test, nor shall any testimony or evidence be admissible at a subsequent hearing, trial, or proceeding, judicial or administrative, to the effect that the coroner refused to take, or was subjected to, a lie detector test.(b) For the purpose of this section, lie detector means a polygraph, deceptograph, voice stress analyzer, psychological stress evaluator, or any other similar device, whether mechanical or electrical, that is used, or the results of which are used, for the purpose of rendering a diagnostic opinion regarding the honesty or dishonesty of an individual. 3357. No coroner shall be required or requested for purposes of job assignment or other personnel action to disclose any item of their property, income, assets, source of income, debts or personal or domestic expenditures (including those of any member of their family or household) unless such information is obtained or required under state law or proper legal procedure, tends to indicate a conflict of interest with respect to the performance of their official duties, or is necessary for the employing agency to ascertain the desirability of assigning the coroner to a specialized unit in which there is a strong possibility that bribes or other improper inducements may be offered. 3358. No coroner shall have their locker, or other space for storage that may be assigned to them searched except in their presence, or with their consent, or unless a valid search warrant has been obtained or where they have been notified that a search will be conducted. This section shall apply only to lockers or other space for storage that are owned or leased by the employing agency. 3359. (a) It shall be unlawful for any public department to deny or refuse to any coroner the rights and protections guaranteed to them by this chapter.(b) Nothing in subdivision (h) of Section 11181 shall be construed to affect the rights and protections afforded to a coroner under this chapter.(c) The superior court shall have initial jurisdiction over any proceeding brought by any coroner against any public department for alleged violations of this chapter.(d) (1) In any case where the superior court finds that a public department has violated any of the provisions of this chapter, the court shall render appropriate injunctive or other extraordinary relief to remedy the violation and to prevent future violations of a like or similar nature, including, but not limited to, the granting of a temporary restraining order, preliminary injunction, or permanent injunction prohibiting the public department from taking any punitive action against the coroner.(2) If the court finds that a bad faith or frivolous action or a filing for an improper purpose has been brought pursuant to this chapter, the court may order sanctions against the party filing the action, the partys attorney, or both, pursuant to Sections 128.6 and 128.7 of the Code of Civil Procedure. Those sanctions may include, but not be limited to, reasonable expenses, including attorneys fees, incurred by a public department as the court deems appropriate. Nothing in this paragraph is intended to subject actions or filings under this section to rules or standards that are different from those applicable to other civil actions or filings subject to Section 128.6 or 128.7 of the Code of Civil Procedure.(e) In addition to the extraordinary relief afforded by this chapter, upon a finding by a superior court that a public department, its employees, agents, or assigns, with respect to acts taken within the scope of employment, maliciously violated any provision of this chapter with the intent to injure the coroner, the public department shall, for each and every violation, be liable for a civil penalty not to exceed twenty-five thousand dollars ($25,000) to be awarded to the coroner whose right or protection was denied and for reasonable attorneys fees as may be determined by the court. If the court so finds, and there is sufficient evidence to establish actual damages suffered by the coroner whose right or protection was denied, the public department shall also be liable for the amount of the actual damages. Notwithstanding these provisions, a public department may not be required to indemnify a contractor for the contractors liability pursuant to this subdivision if there is, within the contract between the public department and the contractor, a hold harmless or similar provision that protects the public department from liability for the actions of the contractor. An individual shall not be liable for any act for which a public department is liable under this section. 3360. Any public agency which has adopted, through action of its governing body or its official designee, any procedure which at a minimum provides to coroners the same rights or protections as provided pursuant to this chapter shall not be subject to this chapter with regard to such a procedure. 3361. Nothing in this chapter shall in any way be construed to limit the use of any public agency or any coroner in the fulfilling of mutual aid agreements with other jurisdictions or agencies, nor shall this chapter be construed in any way to limit any jurisdictional or interagency cooperation under any circumstances where such activity is deemed necessary or desirable by the jurisdictions or the agencies involved. 3362. This chapter shall remain in effect only until January 1, 2025, and as of that date is repealed.SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the need to establish a pilot program within the County of Los Angeles to protect the employment rights of coroners and deputy coroners employed by the county.SECTION 1.Section 3301 of the Government Code is amended to read:3301.(a)For purposes of this chapter, the term public safety officer means all peace officers specified in Sections 830.1, 830.2, 830.3, 830.31, 830.32, 830.33, except subdivision (e), 830.34, 830.35, 830.36, 830.37, 830.38, 830.4, and 830.5 of the Penal Code.(b)The Legislature hereby finds and declares that the rights and protections provided to peace officers under this chapter constitute a matter of statewide concern. The Legislature further finds and declares that effective law enforcement depends upon the maintenance of stable employer-employee relations, between public safety employees and their employers. In order to assure that stable relations are continued throughout the state and to further assure that effective services are provided to all people of the state, it is necessary that this chapter be applicable to all public safety officers, as defined in this section, wherever situated within the State of California.SEC. 2.SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. |
|---|
| 51 | | - | SECTION 1. Section 3301 of the Government Code is amended to read:3301. (a) (1) For purposes of this chapter, the term public safety officer means all peace officers specified in Sections 830.1, 830.2, 830.3, 830.31, 830.32, 830.33, except subdivision (e), 830.34, 830.35, except subdivision (c), 830.36, 830.37, 830.38, 830.4, and 830.5 of the Penal Code.(2) Notwithstanding paragraph (1), coroners and deputy coroners employed by the County of Los Angeles are public safety officers for purposes of this chapter. The(b) The Legislature hereby finds and declares that the rights and protections provided to peace officers under this chapter constitute a matter of statewide concern. The Legislature further finds and declares that effective law enforcement depends upon the maintenance of stable employer-employee relations, between public safety employees and their employers. In order to assure that stable relations are continued throughout the state and to further assure that effective services are provided to all people of the state, it is necessary that this chapter be applicable to all public safety officers, as defined in this section, wherever situated within the State of California. |
|---|
| 50 | + | SECTION 1. Chapter 9.75 (commencing with Section 3350) is added to Division 4 of Title 1 of the Government Code, immediately following Chapter 9.7, to read: CHAPTER 9.75. Los Angeles Coroners 3350. (a) This chapter shall apply only to a coroner or deputy coroner (hereinafter coroner) employed by the County of Los Angeles.(b) For purposes of this chapter, public department means the County of Los Angeles and its public departments.3351. When any coroner is under investigation and subjected to interrogation by their superior officer, or any other member of the employing department, that could lead to punitive action, the interrogation shall be conducted under the following conditions. For the purpose of this chapter, punitive action means any action that may lead to dismissal, demotion, suspension, reduction in salary, written reprimand, or transfer for purposes of punishment.(a) The interrogation shall be conducted at a reasonable hour, preferably at a time when the coroner is on duty, or during the normal waking hours for the coroner, unless the seriousness of the investigation requires otherwise. If the interrogation does occur during off-duty time of the coroner being interrogated, the coroner shall be compensated for any off-duty time in accordance with regular department procedures, and the coroner shall not be released from employment for any work missed.(b) The coroner under investigation shall be informed prior to the interrogation of the rank, name, and command of the officer in charge of the interrogation, the interrogating officers, and all other persons to be present during the interrogation. All questions directed to the coroner under interrogation shall be asked by and through no more than two interrogators at one time.(c) The coroner under investigation shall be informed of the nature of the investigation prior to any interrogation.(d) The interrogating session shall be for a reasonable period taking into consideration gravity and complexity of the issue being investigated. The person under interrogation shall be allowed to attend to their own personal physical necessities.(e) The coroner under interrogation shall not be subjected to offensive language or threatened with punitive action, except that a coroner refusing to respond to questions or submit to interrogations shall be informed that failure to answer questions directly related to the investigation or interrogation may result in punitive action. No promise of reward shall be made as an inducement to answering any question. The employer shall not cause the coroner under interrogation to be subjected to visits by the press or news media without their express consent nor shall their home address or photograph be given to the press or news media without their express consent.(f) No statement made during interrogation by a coroner under duress, coercion, or threat of punitive action shall be admissible in any subsequent civil proceeding. This subdivision is subject to the following qualifications:(1) This subdivision shall not limit the use of statements made by a coroner when the employing department is seeking civil sanctions against any coroner, including disciplinary action brought under Section 19572.(2) This subdivision shall not prevent the admissibility of statements made by the coroner under interrogation in any civil action, including administrative actions, brought by that coroner, or that coroners exclusive representative, arising out of a disciplinary action.(3) This subdivision shall not prevent statements made by a coroner under interrogation from being used to impeach the testimony of that coroner after an in camera review to determine whether the statements serve to impeach the testimony of the coroner.(4) This subdivision shall not otherwise prevent the admissibility of statements made by a coroner under interrogation if that coroner subsequently is deceased.(g) The complete interrogation of a coroner may be recorded. If a tape recording is made of the interrogation, the coroner shall have access to the tape if any further proceedings are contemplated or prior to any further interrogation at a subsequent time. The coroner shall be entitled to a transcribed copy of any notes made by a stenographer or to any reports or complaints made by investigators or other persons, except those which are deemed by the investigating agency to be confidential. No notes or reports that are deemed to be confidential may be entered in the coroners personnel file. The coroner being interrogated shall have the right to bring their own recording device and record any and all aspects of the interrogation.(h) If prior to or during the interrogation of a coroner it is deemed that they may be charged with a criminal offense, they shall be immediately informed of their constitutional rights.(i) Upon the filing of a formal written statement of charges, or whenever an interrogation focuses on matters that are likely to result in punitive action against any coroner, that coroner, at their request, shall have the right to be represented by a representative of their choice who may be present at all times during the interrogation. The representative shall not be a person subject to the same investigation. The representative shall not be required to disclose, nor be subject to any punitive action for refusing to disclose, any information received from the coroner under investigation for noncriminal matters.This section shall not apply to any interrogation of a coroner in the normal course of duty, counseling, instruction, or informal verbal admonishment by, or other routine or unplanned contact with, a supervisor or any other coroner, nor shall this section apply to an investigation concerned solely and directly with alleged criminal activities.(j) No coroner shall be loaned or temporarily reassigned to a location or duty assignment if a sworn member of their department would not normally be sent to that location or would not normally be given that duty assignment under similar circumstances. 3352. (a) No coroner shall be subjected to punitive action, or denied promotion, or be threatened with any such treatment, because of the lawful exercise of the rights granted under this chapter, or the exercise of any rights under any existing administrative grievance procedure.Nothing in this section shall preclude a head of an agency from ordering a coroner to cooperate with other agencies involved in criminal investigations. If a coroner fails to comply with such an order, the agency may officially charge them with insubordination.(b) No punitive action, nor denial of promotion on grounds other than merit, shall be undertaken by any public agency against any coroner who has successfully completed the probationary period that may be required by their employing agency without providing the coroner with an opportunity for administrative appeal.(c) (1) Except as provided in this subdivision and subdivision (f), 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 agencys discovery by a person authorized to initiate an investigation of the allegation of an act, omission, or other misconduct. In the event that the public agency determines that discipline may be taken, it shall complete its investigation and notify the coroner of its proposed discipline by a Letter of Intent or Notice of Adverse Action articulating the discipline that year, except as provided in paragraph (2). The public agency shall not be required to impose the discipline within that one-year period.(2) (A) 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.(B) If the coroner waives the one-year time period in writing, the time period shall be tolled for the period of time specified in the written waiver.(C) If the investigation is a multijurisdictional investigation that requires a reasonable extension for coordination of the involved agencies.(D) If the investigation involves more than one employee and requires a reasonable extension.(E) If the investigation involves an employee who is incapacitated or otherwise unavailable.(F) If the investigation involves a matter in civil litigation where the coroner is named as a party defendant, the one-year time period shall be tolled while that civil action is pending.(G) 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 defendants criminal investigation and prosecution.(H) If the investigation involves an allegation of workers compensation fraud on the part of the coroner.(d) Where a predisciplinary response or grievance procedure is required or utilized, the time for this response or procedure shall not be governed or limited by this chapter.(e) If, after investigation and any predisciplinary response or procedure, the public agency decides to impose discipline, the public agency shall notify the coroner in writing of its decision to impose discipline, including the date that the discipline will be imposed, within 30 days of its decision, except if the coroner is unavailable for discipline.(f) Notwithstanding the one-year time period specified in subdivision (d), an investigation may be reopened against a coroner if both of the following circumstances exist:(1) Significant new evidence has been discovered that is likely to affect the outcome of the investigation.(2) One of the following conditions exist:(A) The evidence could not reasonably have been discovered in the normal course of investigation without resorting to extraordinary measures by the agency.(B) The evidence resulted from the coroners predisciplinary response or procedure.3353. No coroner shall have any comment adverse to their interest entered in their personnel file, or any other file used for any personnel purposes by their employer, without the coroner having first read and signed the instrument containing the adverse comment indicating they are aware of such comment, except that an entry may be made if after reading such instrument the coroner refuses to sign it. Should a coroner refuse to sign, that fact shall be noted on that document, and signed or initialed by the coroner. 3354. A coroner shall have 30 days within which to file a written response to any adverse comment entered in their personnel file. Such written response shall be attached to, and shall accompany, the adverse comment. 3355. (a) Every employer shall, at reasonable times and at reasonable intervals, upon the request of a coroner, during usual business hours, with no loss of compensation to the coroner, permit that coroner to inspect personnel files that are used or have been used to determine that coroners qualifications for employment, promotion, additional compensation, or termination or other disciplinary action.(b) Each employer shall keep each coroners personnel file or a true and correct copy thereof, and shall make the file or copy thereof available within a reasonable period of time after a request therefor by the coroner.(c) If, after examination of the coroners personnel file, the coroner believes that any portion of the material is mistakenly or unlawfully placed in the file, the coroner may request, in writing, that the mistaken or unlawful portion be corrected or deleted. Any request made pursuant to this subdivision shall include a statement by the coroner describing the corrections or deletions from the personnel file requested and the reasons supporting those corrections or deletions. A statement submitted pursuant to this subdivision shall become part of the personnel file of the coroner.(d) Within 30 calendar days of receipt of a request made pursuant to subdivision (c), the employer shall either grant the officers request or notify the coroner of the decision to refuse to grant the request. If the employer refuses to grant the request, in whole or in part, the employer shall state in writing the reasons for refusing the request, and that written statement shall become part of the personnel file of the coroner. 3356. (a) No coroner shall be compelled to submit to a lie detector test against their will. No disciplinary action or other recrimination shall be taken against a coroner refusing to submit to a lie detector test, nor shall any comment be entered anywhere in the investigators notes or anywhere else that the coroner refused to take, or did not take, a lie detector test, nor shall any testimony or evidence be admissible at a subsequent hearing, trial, or proceeding, judicial or administrative, to the effect that the coroner refused to take, or was subjected to, a lie detector test.(b) For the purpose of this section, lie detector means a polygraph, deceptograph, voice stress analyzer, psychological stress evaluator, or any other similar device, whether mechanical or electrical, that is used, or the results of which are used, for the purpose of rendering a diagnostic opinion regarding the honesty or dishonesty of an individual. 3357. No coroner shall be required or requested for purposes of job assignment or other personnel action to disclose any item of their property, income, assets, source of income, debts or personal or domestic expenditures (including those of any member of their family or household) unless such information is obtained or required under state law or proper legal procedure, tends to indicate a conflict of interest with respect to the performance of their official duties, or is necessary for the employing agency to ascertain the desirability of assigning the coroner to a specialized unit in which there is a strong possibility that bribes or other improper inducements may be offered. 3358. No coroner shall have their locker, or other space for storage that may be assigned to them searched except in their presence, or with their consent, or unless a valid search warrant has been obtained or where they have been notified that a search will be conducted. This section shall apply only to lockers or other space for storage that are owned or leased by the employing agency. 3359. (a) It shall be unlawful for any public department to deny or refuse to any coroner the rights and protections guaranteed to them by this chapter.(b) Nothing in subdivision (h) of Section 11181 shall be construed to affect the rights and protections afforded to a coroner under this chapter.(c) The superior court shall have initial jurisdiction over any proceeding brought by any coroner against any public department for alleged violations of this chapter.(d) (1) In any case where the superior court finds that a public department has violated any of the provisions of this chapter, the court shall render appropriate injunctive or other extraordinary relief to remedy the violation and to prevent future violations of a like or similar nature, including, but not limited to, the granting of a temporary restraining order, preliminary injunction, or permanent injunction prohibiting the public department from taking any punitive action against the coroner.(2) If the court finds that a bad faith or frivolous action or a filing for an improper purpose has been brought pursuant to this chapter, the court may order sanctions against the party filing the action, the partys attorney, or both, pursuant to Sections 128.6 and 128.7 of the Code of Civil Procedure. Those sanctions may include, but not be limited to, reasonable expenses, including attorneys fees, incurred by a public department as the court deems appropriate. Nothing in this paragraph is intended to subject actions or filings under this section to rules or standards that are different from those applicable to other civil actions or filings subject to Section 128.6 or 128.7 of the Code of Civil Procedure.(e) In addition to the extraordinary relief afforded by this chapter, upon a finding by a superior court that a public department, its employees, agents, or assigns, with respect to acts taken within the scope of employment, maliciously violated any provision of this chapter with the intent to injure the coroner, the public department shall, for each and every violation, be liable for a civil penalty not to exceed twenty-five thousand dollars ($25,000) to be awarded to the coroner whose right or protection was denied and for reasonable attorneys fees as may be determined by the court. If the court so finds, and there is sufficient evidence to establish actual damages suffered by the coroner whose right or protection was denied, the public department shall also be liable for the amount of the actual damages. Notwithstanding these provisions, a public department may not be required to indemnify a contractor for the contractors liability pursuant to this subdivision if there is, within the contract between the public department and the contractor, a hold harmless or similar provision that protects the public department from liability for the actions of the contractor. An individual shall not be liable for any act for which a public department is liable under this section. 3360. Any public agency which has adopted, through action of its governing body or its official designee, any procedure which at a minimum provides to coroners the same rights or protections as provided pursuant to this chapter shall not be subject to this chapter with regard to such a procedure. 3361. Nothing in this chapter shall in any way be construed to limit the use of any public agency or any coroner in the fulfilling of mutual aid agreements with other jurisdictions or agencies, nor shall this chapter be construed in any way to limit any jurisdictional or interagency cooperation under any circumstances where such activity is deemed necessary or desirable by the jurisdictions or the agencies involved. 3362. This chapter shall remain in effect only until January 1, 2025, and as of that date is repealed. |
|---|
| 57 | | - | 3301. (a) (1) For purposes of this chapter, the term public safety officer means all peace officers specified in Sections 830.1, 830.2, 830.3, 830.31, 830.32, 830.33, except subdivision (e), 830.34, 830.35, except subdivision (c), 830.36, 830.37, 830.38, 830.4, and 830.5 of the Penal Code.(2) Notwithstanding paragraph (1), coroners and deputy coroners employed by the County of Los Angeles are public safety officers for purposes of this chapter. The(b) The Legislature hereby finds and declares that the rights and protections provided to peace officers under this chapter constitute a matter of statewide concern. The Legislature further finds and declares that effective law enforcement depends upon the maintenance of stable employer-employee relations, between public safety employees and their employers. In order to assure that stable relations are continued throughout the state and to further assure that effective services are provided to all people of the state, it is necessary that this chapter be applicable to all public safety officers, as defined in this section, wherever situated within the State of California. |
|---|
| 56 | + | CHAPTER 9.75. Los Angeles Coroners 3350. (a) This chapter shall apply only to a coroner or deputy coroner (hereinafter coroner) employed by the County of Los Angeles.(b) For purposes of this chapter, public department means the County of Los Angeles and its public departments.3351. When any coroner is under investigation and subjected to interrogation by their superior officer, or any other member of the employing department, that could lead to punitive action, the interrogation shall be conducted under the following conditions. For the purpose of this chapter, punitive action means any action that may lead to dismissal, demotion, suspension, reduction in salary, written reprimand, or transfer for purposes of punishment.(a) The interrogation shall be conducted at a reasonable hour, preferably at a time when the coroner is on duty, or during the normal waking hours for the coroner, unless the seriousness of the investigation requires otherwise. If the interrogation does occur during off-duty time of the coroner being interrogated, the coroner shall be compensated for any off-duty time in accordance with regular department procedures, and the coroner shall not be released from employment for any work missed.(b) The coroner under investigation shall be informed prior to the interrogation of the rank, name, and command of the officer in charge of the interrogation, the interrogating officers, and all other persons to be present during the interrogation. All questions directed to the coroner under interrogation shall be asked by and through no more than two interrogators at one time.(c) The coroner under investigation shall be informed of the nature of the investigation prior to any interrogation.(d) The interrogating session shall be for a reasonable period taking into consideration gravity and complexity of the issue being investigated. The person under interrogation shall be allowed to attend to their own personal physical necessities.(e) The coroner under interrogation shall not be subjected to offensive language or threatened with punitive action, except that a coroner refusing to respond to questions or submit to interrogations shall be informed that failure to answer questions directly related to the investigation or interrogation may result in punitive action. No promise of reward shall be made as an inducement to answering any question. The employer shall not cause the coroner under interrogation to be subjected to visits by the press or news media without their express consent nor shall their home address or photograph be given to the press or news media without their express consent.(f) No statement made during interrogation by a coroner under duress, coercion, or threat of punitive action shall be admissible in any subsequent civil proceeding. This subdivision is subject to the following qualifications:(1) This subdivision shall not limit the use of statements made by a coroner when the employing department is seeking civil sanctions against any coroner, including disciplinary action brought under Section 19572.(2) This subdivision shall not prevent the admissibility of statements made by the coroner under interrogation in any civil action, including administrative actions, brought by that coroner, or that coroners exclusive representative, arising out of a disciplinary action.(3) This subdivision shall not prevent statements made by a coroner under interrogation from being used to impeach the testimony of that coroner after an in camera review to determine whether the statements serve to impeach the testimony of the coroner.(4) This subdivision shall not otherwise prevent the admissibility of statements made by a coroner under interrogation if that coroner subsequently is deceased.(g) The complete interrogation of a coroner may be recorded. If a tape recording is made of the interrogation, the coroner shall have access to the tape if any further proceedings are contemplated or prior to any further interrogation at a subsequent time. The coroner shall be entitled to a transcribed copy of any notes made by a stenographer or to any reports or complaints made by investigators or other persons, except those which are deemed by the investigating agency to be confidential. No notes or reports that are deemed to be confidential may be entered in the coroners personnel file. The coroner being interrogated shall have the right to bring their own recording device and record any and all aspects of the interrogation.(h) If prior to or during the interrogation of a coroner it is deemed that they may be charged with a criminal offense, they shall be immediately informed of their constitutional rights.(i) Upon the filing of a formal written statement of charges, or whenever an interrogation focuses on matters that are likely to result in punitive action against any coroner, that coroner, at their request, shall have the right to be represented by a representative of their choice who may be present at all times during the interrogation. The representative shall not be a person subject to the same investigation. The representative shall not be required to disclose, nor be subject to any punitive action for refusing to disclose, any information received from the coroner under investigation for noncriminal matters.This section shall not apply to any interrogation of a coroner in the normal course of duty, counseling, instruction, or informal verbal admonishment by, or other routine or unplanned contact with, a supervisor or any other coroner, nor shall this section apply to an investigation concerned solely and directly with alleged criminal activities.(j) No coroner shall be loaned or temporarily reassigned to a location or duty assignment if a sworn member of their department would not normally be sent to that location or would not normally be given that duty assignment under similar circumstances. 3352. (a) No coroner shall be subjected to punitive action, or denied promotion, or be threatened with any such treatment, because of the lawful exercise of the rights granted under this chapter, or the exercise of any rights under any existing administrative grievance procedure.Nothing in this section shall preclude a head of an agency from ordering a coroner to cooperate with other agencies involved in criminal investigations. If a coroner fails to comply with such an order, the agency may officially charge them with insubordination.(b) No punitive action, nor denial of promotion on grounds other than merit, shall be undertaken by any public agency against any coroner who has successfully completed the probationary period that may be required by their employing agency without providing the coroner with an opportunity for administrative appeal.(c) (1) Except as provided in this subdivision and subdivision (f), 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 agencys discovery by a person authorized to initiate an investigation of the allegation of an act, omission, or other misconduct. In the event that the public agency determines that discipline may be taken, it shall complete its investigation and notify the coroner of its proposed discipline by a Letter of Intent or Notice of Adverse Action articulating the discipline that year, except as provided in paragraph (2). The public agency shall not be required to impose the discipline within that one-year period.(2) (A) 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.(B) If the coroner waives the one-year time period in writing, the time period shall be tolled for the period of time specified in the written waiver.(C) If the investigation is a multijurisdictional investigation that requires a reasonable extension for coordination of the involved agencies.(D) If the investigation involves more than one employee and requires a reasonable extension.(E) If the investigation involves an employee who is incapacitated or otherwise unavailable.(F) If the investigation involves a matter in civil litigation where the coroner is named as a party defendant, the one-year time period shall be tolled while that civil action is pending.(G) 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 defendants criminal investigation and prosecution.(H) If the investigation involves an allegation of workers compensation fraud on the part of the coroner.(d) Where a predisciplinary response or grievance procedure is required or utilized, the time for this response or procedure shall not be governed or limited by this chapter.(e) If, after investigation and any predisciplinary response or procedure, the public agency decides to impose discipline, the public agency shall notify the coroner in writing of its decision to impose discipline, including the date that the discipline will be imposed, within 30 days of its decision, except if the coroner is unavailable for discipline.(f) Notwithstanding the one-year time period specified in subdivision (d), an investigation may be reopened against a coroner if both of the following circumstances exist:(1) Significant new evidence has been discovered that is likely to affect the outcome of the investigation.(2) One of the following conditions exist:(A) The evidence could not reasonably have been discovered in the normal course of investigation without resorting to extraordinary measures by the agency.(B) The evidence resulted from the coroners predisciplinary response or procedure.3353. No coroner shall have any comment adverse to their interest entered in their personnel file, or any other file used for any personnel purposes by their employer, without the coroner having first read and signed the instrument containing the adverse comment indicating they are aware of such comment, except that an entry may be made if after reading such instrument the coroner refuses to sign it. Should a coroner refuse to sign, that fact shall be noted on that document, and signed or initialed by the coroner. 3354. A coroner shall have 30 days within which to file a written response to any adverse comment entered in their personnel file. Such written response shall be attached to, and shall accompany, the adverse comment. 3355. (a) Every employer shall, at reasonable times and at reasonable intervals, upon the request of a coroner, during usual business hours, with no loss of compensation to the coroner, permit that coroner to inspect personnel files that are used or have been used to determine that coroners qualifications for employment, promotion, additional compensation, or termination or other disciplinary action.(b) Each employer shall keep each coroners personnel file or a true and correct copy thereof, and shall make the file or copy thereof available within a reasonable period of time after a request therefor by the coroner.(c) If, after examination of the coroners personnel file, the coroner believes that any portion of the material is mistakenly or unlawfully placed in the file, the coroner may request, in writing, that the mistaken or unlawful portion be corrected or deleted. Any request made pursuant to this subdivision shall include a statement by the coroner describing the corrections or deletions from the personnel file requested and the reasons supporting those corrections or deletions. A statement submitted pursuant to this subdivision shall become part of the personnel file of the coroner.(d) Within 30 calendar days of receipt of a request made pursuant to subdivision (c), the employer shall either grant the officers request or notify the coroner of the decision to refuse to grant the request. If the employer refuses to grant the request, in whole or in part, the employer shall state in writing the reasons for refusing the request, and that written statement shall become part of the personnel file of the coroner. 3356. (a) No coroner shall be compelled to submit to a lie detector test against their will. No disciplinary action or other recrimination shall be taken against a coroner refusing to submit to a lie detector test, nor shall any comment be entered anywhere in the investigators notes or anywhere else that the coroner refused to take, or did not take, a lie detector test, nor shall any testimony or evidence be admissible at a subsequent hearing, trial, or proceeding, judicial or administrative, to the effect that the coroner refused to take, or was subjected to, a lie detector test.(b) For the purpose of this section, lie detector means a polygraph, deceptograph, voice stress analyzer, psychological stress evaluator, or any other similar device, whether mechanical or electrical, that is used, or the results of which are used, for the purpose of rendering a diagnostic opinion regarding the honesty or dishonesty of an individual. 3357. No coroner shall be required or requested for purposes of job assignment or other personnel action to disclose any item of their property, income, assets, source of income, debts or personal or domestic expenditures (including those of any member of their family or household) unless such information is obtained or required under state law or proper legal procedure, tends to indicate a conflict of interest with respect to the performance of their official duties, or is necessary for the employing agency to ascertain the desirability of assigning the coroner to a specialized unit in which there is a strong possibility that bribes or other improper inducements may be offered. 3358. No coroner shall have their locker, or other space for storage that may be assigned to them searched except in their presence, or with their consent, or unless a valid search warrant has been obtained or where they have been notified that a search will be conducted. This section shall apply only to lockers or other space for storage that are owned or leased by the employing agency. 3359. (a) It shall be unlawful for any public department to deny or refuse to any coroner the rights and protections guaranteed to them by this chapter.(b) Nothing in subdivision (h) of Section 11181 shall be construed to affect the rights and protections afforded to a coroner under this chapter.(c) The superior court shall have initial jurisdiction over any proceeding brought by any coroner against any public department for alleged violations of this chapter.(d) (1) In any case where the superior court finds that a public department has violated any of the provisions of this chapter, the court shall render appropriate injunctive or other extraordinary relief to remedy the violation and to prevent future violations of a like or similar nature, including, but not limited to, the granting of a temporary restraining order, preliminary injunction, or permanent injunction prohibiting the public department from taking any punitive action against the coroner.(2) If the court finds that a bad faith or frivolous action or a filing for an improper purpose has been brought pursuant to this chapter, the court may order sanctions against the party filing the action, the partys attorney, or both, pursuant to Sections 128.6 and 128.7 of the Code of Civil Procedure. Those sanctions may include, but not be limited to, reasonable expenses, including attorneys fees, incurred by a public department as the court deems appropriate. Nothing in this paragraph is intended to subject actions or filings under this section to rules or standards that are different from those applicable to other civil actions or filings subject to Section 128.6 or 128.7 of the Code of Civil Procedure.(e) In addition to the extraordinary relief afforded by this chapter, upon a finding by a superior court that a public department, its employees, agents, or assigns, with respect to acts taken within the scope of employment, maliciously violated any provision of this chapter with the intent to injure the coroner, the public department shall, for each and every violation, be liable for a civil penalty not to exceed twenty-five thousand dollars ($25,000) to be awarded to the coroner whose right or protection was denied and for reasonable attorneys fees as may be determined by the court. If the court so finds, and there is sufficient evidence to establish actual damages suffered by the coroner whose right or protection was denied, the public department shall also be liable for the amount of the actual damages. Notwithstanding these provisions, a public department may not be required to indemnify a contractor for the contractors liability pursuant to this subdivision if there is, within the contract between the public department and the contractor, a hold harmless or similar provision that protects the public department from liability for the actions of the contractor. An individual shall not be liable for any act for which a public department is liable under this section. 3360. Any public agency which has adopted, through action of its governing body or its official designee, any procedure which at a minimum provides to coroners the same rights or protections as provided pursuant to this chapter shall not be subject to this chapter with regard to such a procedure. 3361. Nothing in this chapter shall in any way be construed to limit the use of any public agency or any coroner in the fulfilling of mutual aid agreements with other jurisdictions or agencies, nor shall this chapter be construed in any way to limit any jurisdictional or interagency cooperation under any circumstances where such activity is deemed necessary or desirable by the jurisdictions or the agencies involved. 3362. This chapter shall remain in effect only until January 1, 2025, and as of that date is repealed. |
|---|
| 59 | | - | 3301. (a) (1) For purposes of this chapter, the term public safety officer means all peace officers specified in Sections 830.1, 830.2, 830.3, 830.31, 830.32, 830.33, except subdivision (e), 830.34, 830.35, except subdivision (c), 830.36, 830.37, 830.38, 830.4, and 830.5 of the Penal Code.(2) Notwithstanding paragraph (1), coroners and deputy coroners employed by the County of Los Angeles are public safety officers for purposes of this chapter. The(b) The Legislature hereby finds and declares that the rights and protections provided to peace officers under this chapter constitute a matter of statewide concern. The Legislature further finds and declares that effective law enforcement depends upon the maintenance of stable employer-employee relations, between public safety employees and their employers. In order to assure that stable relations are continued throughout the state and to further assure that effective services are provided to all people of the state, it is necessary that this chapter be applicable to all public safety officers, as defined in this section, wherever situated within the State of California. |
|---|
| 58 | + | CHAPTER 9.75. Los Angeles Coroners 3350. (a) This chapter shall apply only to a coroner or deputy coroner (hereinafter coroner) employed by the County of Los Angeles.(b) For purposes of this chapter, public department means the County of Los Angeles and its public departments.3351. When any coroner is under investigation and subjected to interrogation by their superior officer, or any other member of the employing department, that could lead to punitive action, the interrogation shall be conducted under the following conditions. For the purpose of this chapter, punitive action means any action that may lead to dismissal, demotion, suspension, reduction in salary, written reprimand, or transfer for purposes of punishment.(a) The interrogation shall be conducted at a reasonable hour, preferably at a time when the coroner is on duty, or during the normal waking hours for the coroner, unless the seriousness of the investigation requires otherwise. If the interrogation does occur during off-duty time of the coroner being interrogated, the coroner shall be compensated for any off-duty time in accordance with regular department procedures, and the coroner shall not be released from employment for any work missed.(b) The coroner under investigation shall be informed prior to the interrogation of the rank, name, and command of the officer in charge of the interrogation, the interrogating officers, and all other persons to be present during the interrogation. All questions directed to the coroner under interrogation shall be asked by and through no more than two interrogators at one time.(c) The coroner under investigation shall be informed of the nature of the investigation prior to any interrogation.(d) The interrogating session shall be for a reasonable period taking into consideration gravity and complexity of the issue being investigated. The person under interrogation shall be allowed to attend to their own personal physical necessities.(e) The coroner under interrogation shall not be subjected to offensive language or threatened with punitive action, except that a coroner refusing to respond to questions or submit to interrogations shall be informed that failure to answer questions directly related to the investigation or interrogation may result in punitive action. No promise of reward shall be made as an inducement to answering any question. The employer shall not cause the coroner under interrogation to be subjected to visits by the press or news media without their express consent nor shall their home address or photograph be given to the press or news media without their express consent.(f) No statement made during interrogation by a coroner under duress, coercion, or threat of punitive action shall be admissible in any subsequent civil proceeding. This subdivision is subject to the following qualifications:(1) This subdivision shall not limit the use of statements made by a coroner when the employing department is seeking civil sanctions against any coroner, including disciplinary action brought under Section 19572.(2) This subdivision shall not prevent the admissibility of statements made by the coroner under interrogation in any civil action, including administrative actions, brought by that coroner, or that coroners exclusive representative, arising out of a disciplinary action.(3) This subdivision shall not prevent statements made by a coroner under interrogation from being used to impeach the testimony of that coroner after an in camera review to determine whether the statements serve to impeach the testimony of the coroner.(4) This subdivision shall not otherwise prevent the admissibility of statements made by a coroner under interrogation if that coroner subsequently is deceased.(g) The complete interrogation of a coroner may be recorded. If a tape recording is made of the interrogation, the coroner shall have access to the tape if any further proceedings are contemplated or prior to any further interrogation at a subsequent time. The coroner shall be entitled to a transcribed copy of any notes made by a stenographer or to any reports or complaints made by investigators or other persons, except those which are deemed by the investigating agency to be confidential. No notes or reports that are deemed to be confidential may be entered in the coroners personnel file. The coroner being interrogated shall have the right to bring their own recording device and record any and all aspects of the interrogation.(h) If prior to or during the interrogation of a coroner it is deemed that they may be charged with a criminal offense, they shall be immediately informed of their constitutional rights.(i) Upon the filing of a formal written statement of charges, or whenever an interrogation focuses on matters that are likely to result in punitive action against any coroner, that coroner, at their request, shall have the right to be represented by a representative of their choice who may be present at all times during the interrogation. The representative shall not be a person subject to the same investigation. The representative shall not be required to disclose, nor be subject to any punitive action for refusing to disclose, any information received from the coroner under investigation for noncriminal matters.This section shall not apply to any interrogation of a coroner in the normal course of duty, counseling, instruction, or informal verbal admonishment by, or other routine or unplanned contact with, a supervisor or any other coroner, nor shall this section apply to an investigation concerned solely and directly with alleged criminal activities.(j) No coroner shall be loaned or temporarily reassigned to a location or duty assignment if a sworn member of their department would not normally be sent to that location or would not normally be given that duty assignment under similar circumstances. 3352. (a) No coroner shall be subjected to punitive action, or denied promotion, or be threatened with any such treatment, because of the lawful exercise of the rights granted under this chapter, or the exercise of any rights under any existing administrative grievance procedure.Nothing in this section shall preclude a head of an agency from ordering a coroner to cooperate with other agencies involved in criminal investigations. If a coroner fails to comply with such an order, the agency may officially charge them with insubordination.(b) No punitive action, nor denial of promotion on grounds other than merit, shall be undertaken by any public agency against any coroner who has successfully completed the probationary period that may be required by their employing agency without providing the coroner with an opportunity for administrative appeal.(c) (1) Except as provided in this subdivision and subdivision (f), 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 agencys discovery by a person authorized to initiate an investigation of the allegation of an act, omission, or other misconduct. In the event that the public agency determines that discipline may be taken, it shall complete its investigation and notify the coroner of its proposed discipline by a Letter of Intent or Notice of Adverse Action articulating the discipline that year, except as provided in paragraph (2). The public agency shall not be required to impose the discipline within that one-year period.(2) (A) 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.(B) If the coroner waives the one-year time period in writing, the time period shall be tolled for the period of time specified in the written waiver.(C) If the investigation is a multijurisdictional investigation that requires a reasonable extension for coordination of the involved agencies.(D) If the investigation involves more than one employee and requires a reasonable extension.(E) If the investigation involves an employee who is incapacitated or otherwise unavailable.(F) If the investigation involves a matter in civil litigation where the coroner is named as a party defendant, the one-year time period shall be tolled while that civil action is pending.(G) 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 defendants criminal investigation and prosecution.(H) If the investigation involves an allegation of workers compensation fraud on the part of the coroner.(d) Where a predisciplinary response or grievance procedure is required or utilized, the time for this response or procedure shall not be governed or limited by this chapter.(e) If, after investigation and any predisciplinary response or procedure, the public agency decides to impose discipline, the public agency shall notify the coroner in writing of its decision to impose discipline, including the date that the discipline will be imposed, within 30 days of its decision, except if the coroner is unavailable for discipline.(f) Notwithstanding the one-year time period specified in subdivision (d), an investigation may be reopened against a coroner if both of the following circumstances exist:(1) Significant new evidence has been discovered that is likely to affect the outcome of the investigation.(2) One of the following conditions exist:(A) The evidence could not reasonably have been discovered in the normal course of investigation without resorting to extraordinary measures by the agency.(B) The evidence resulted from the coroners predisciplinary response or procedure.3353. No coroner shall have any comment adverse to their interest entered in their personnel file, or any other file used for any personnel purposes by their employer, without the coroner having first read and signed the instrument containing the adverse comment indicating they are aware of such comment, except that an entry may be made if after reading such instrument the coroner refuses to sign it. Should a coroner refuse to sign, that fact shall be noted on that document, and signed or initialed by the coroner. 3354. A coroner shall have 30 days within which to file a written response to any adverse comment entered in their personnel file. Such written response shall be attached to, and shall accompany, the adverse comment. 3355. (a) Every employer shall, at reasonable times and at reasonable intervals, upon the request of a coroner, during usual business hours, with no loss of compensation to the coroner, permit that coroner to inspect personnel files that are used or have been used to determine that coroners qualifications for employment, promotion, additional compensation, or termination or other disciplinary action.(b) Each employer shall keep each coroners personnel file or a true and correct copy thereof, and shall make the file or copy thereof available within a reasonable period of time after a request therefor by the coroner.(c) If, after examination of the coroners personnel file, the coroner believes that any portion of the material is mistakenly or unlawfully placed in the file, the coroner may request, in writing, that the mistaken or unlawful portion be corrected or deleted. Any request made pursuant to this subdivision shall include a statement by the coroner describing the corrections or deletions from the personnel file requested and the reasons supporting those corrections or deletions. A statement submitted pursuant to this subdivision shall become part of the personnel file of the coroner.(d) Within 30 calendar days of receipt of a request made pursuant to subdivision (c), the employer shall either grant the officers request or notify the coroner of the decision to refuse to grant the request. If the employer refuses to grant the request, in whole or in part, the employer shall state in writing the reasons for refusing the request, and that written statement shall become part of the personnel file of the coroner. 3356. (a) No coroner shall be compelled to submit to a lie detector test against their will. No disciplinary action or other recrimination shall be taken against a coroner refusing to submit to a lie detector test, nor shall any comment be entered anywhere in the investigators notes or anywhere else that the coroner refused to take, or did not take, a lie detector test, nor shall any testimony or evidence be admissible at a subsequent hearing, trial, or proceeding, judicial or administrative, to the effect that the coroner refused to take, or was subjected to, a lie detector test.(b) For the purpose of this section, lie detector means a polygraph, deceptograph, voice stress analyzer, psychological stress evaluator, or any other similar device, whether mechanical or electrical, that is used, or the results of which are used, for the purpose of rendering a diagnostic opinion regarding the honesty or dishonesty of an individual. 3357. No coroner shall be required or requested for purposes of job assignment or other personnel action to disclose any item of their property, income, assets, source of income, debts or personal or domestic expenditures (including those of any member of their family or household) unless such information is obtained or required under state law or proper legal procedure, tends to indicate a conflict of interest with respect to the performance of their official duties, or is necessary for the employing agency to ascertain the desirability of assigning the coroner to a specialized unit in which there is a strong possibility that bribes or other improper inducements may be offered. 3358. No coroner shall have their locker, or other space for storage that may be assigned to them searched except in their presence, or with their consent, or unless a valid search warrant has been obtained or where they have been notified that a search will be conducted. This section shall apply only to lockers or other space for storage that are owned or leased by the employing agency. 3359. (a) It shall be unlawful for any public department to deny or refuse to any coroner the rights and protections guaranteed to them by this chapter.(b) Nothing in subdivision (h) of Section 11181 shall be construed to affect the rights and protections afforded to a coroner under this chapter.(c) The superior court shall have initial jurisdiction over any proceeding brought by any coroner against any public department for alleged violations of this chapter.(d) (1) In any case where the superior court finds that a public department has violated any of the provisions of this chapter, the court shall render appropriate injunctive or other extraordinary relief to remedy the violation and to prevent future violations of a like or similar nature, including, but not limited to, the granting of a temporary restraining order, preliminary injunction, or permanent injunction prohibiting the public department from taking any punitive action against the coroner.(2) If the court finds that a bad faith or frivolous action or a filing for an improper purpose has been brought pursuant to this chapter, the court may order sanctions against the party filing the action, the partys attorney, or both, pursuant to Sections 128.6 and 128.7 of the Code of Civil Procedure. Those sanctions may include, but not be limited to, reasonable expenses, including attorneys fees, incurred by a public department as the court deems appropriate. Nothing in this paragraph is intended to subject actions or filings under this section to rules or standards that are different from those applicable to other civil actions or filings subject to Section 128.6 or 128.7 of the Code of Civil Procedure.(e) In addition to the extraordinary relief afforded by this chapter, upon a finding by a superior court that a public department, its employees, agents, or assigns, with respect to acts taken within the scope of employment, maliciously violated any provision of this chapter with the intent to injure the coroner, the public department shall, for each and every violation, be liable for a civil penalty not to exceed twenty-five thousand dollars ($25,000) to be awarded to the coroner whose right or protection was denied and for reasonable attorneys fees as may be determined by the court. If the court so finds, and there is sufficient evidence to establish actual damages suffered by the coroner whose right or protection was denied, the public department shall also be liable for the amount of the actual damages. Notwithstanding these provisions, a public department may not be required to indemnify a contractor for the contractors liability pursuant to this subdivision if there is, within the contract between the public department and the contractor, a hold harmless or similar provision that protects the public department from liability for the actions of the contractor. An individual shall not be liable for any act for which a public department is liable under this section. 3360. Any public agency which has adopted, through action of its governing body or its official designee, any procedure which at a minimum provides to coroners the same rights or protections as provided pursuant to this chapter shall not be subject to this chapter with regard to such a procedure. 3361. Nothing in this chapter shall in any way be construed to limit the use of any public agency or any coroner in the fulfilling of mutual aid agreements with other jurisdictions or agencies, nor shall this chapter be construed in any way to limit any jurisdictional or interagency cooperation under any circumstances where such activity is deemed necessary or desirable by the jurisdictions or the agencies involved. 3362. This chapter shall remain in effect only until January 1, 2025, and as of that date is repealed. |
|---|
| 69 | | - | The |
|---|
| 72 | + | 3351. When any coroner is under investigation and subjected to interrogation by their superior officer, or any other member of the employing department, that could lead to punitive action, the interrogation shall be conducted under the following conditions. For the purpose of this chapter, punitive action means any action that may lead to dismissal, demotion, suspension, reduction in salary, written reprimand, or transfer for purposes of punishment.(a) The interrogation shall be conducted at a reasonable hour, preferably at a time when the coroner is on duty, or during the normal waking hours for the coroner, unless the seriousness of the investigation requires otherwise. If the interrogation does occur during off-duty time of the coroner being interrogated, the coroner shall be compensated for any off-duty time in accordance with regular department procedures, and the coroner shall not be released from employment for any work missed.(b) The coroner under investigation shall be informed prior to the interrogation of the rank, name, and command of the officer in charge of the interrogation, the interrogating officers, and all other persons to be present during the interrogation. All questions directed to the coroner under interrogation shall be asked by and through no more than two interrogators at one time.(c) The coroner under investigation shall be informed of the nature of the investigation prior to any interrogation.(d) The interrogating session shall be for a reasonable period taking into consideration gravity and complexity of the issue being investigated. The person under interrogation shall be allowed to attend to their own personal physical necessities.(e) The coroner under interrogation shall not be subjected to offensive language or threatened with punitive action, except that a coroner refusing to respond to questions or submit to interrogations shall be informed that failure to answer questions directly related to the investigation or interrogation may result in punitive action. No promise of reward shall be made as an inducement to answering any question. The employer shall not cause the coroner under interrogation to be subjected to visits by the press or news media without their express consent nor shall their home address or photograph be given to the press or news media without their express consent.(f) No statement made during interrogation by a coroner under duress, coercion, or threat of punitive action shall be admissible in any subsequent civil proceeding. This subdivision is subject to the following qualifications:(1) This subdivision shall not limit the use of statements made by a coroner when the employing department is seeking civil sanctions against any coroner, including disciplinary action brought under Section 19572.(2) This subdivision shall not prevent the admissibility of statements made by the coroner under interrogation in any civil action, including administrative actions, brought by that coroner, or that coroners exclusive representative, arising out of a disciplinary action.(3) This subdivision shall not prevent statements made by a coroner under interrogation from being used to impeach the testimony of that coroner after an in camera review to determine whether the statements serve to impeach the testimony of the coroner.(4) This subdivision shall not otherwise prevent the admissibility of statements made by a coroner under interrogation if that coroner subsequently is deceased.(g) The complete interrogation of a coroner may be recorded. If a tape recording is made of the interrogation, the coroner shall have access to the tape if any further proceedings are contemplated or prior to any further interrogation at a subsequent time. The coroner shall be entitled to a transcribed copy of any notes made by a stenographer or to any reports or complaints made by investigators or other persons, except those which are deemed by the investigating agency to be confidential. No notes or reports that are deemed to be confidential may be entered in the coroners personnel file. The coroner being interrogated shall have the right to bring their own recording device and record any and all aspects of the interrogation.(h) If prior to or during the interrogation of a coroner it is deemed that they may be charged with a criminal offense, they shall be immediately informed of their constitutional rights.(i) Upon the filing of a formal written statement of charges, or whenever an interrogation focuses on matters that are likely to result in punitive action against any coroner, that coroner, at their request, shall have the right to be represented by a representative of their choice who may be present at all times during the interrogation. The representative shall not be a person subject to the same investigation. The representative shall not be required to disclose, nor be subject to any punitive action for refusing to disclose, any information received from the coroner under investigation for noncriminal matters.This section shall not apply to any interrogation of a coroner in the normal course of duty, counseling, instruction, or informal verbal admonishment by, or other routine or unplanned contact with, a supervisor or any other coroner, nor shall this section apply to an investigation concerned solely and directly with alleged criminal activities.(j) No coroner shall be loaned or temporarily reassigned to a location or duty assignment if a sworn member of their department would not normally be sent to that location or would not normally be given that duty assignment under similar circumstances. |
|---|
| 73 | + | |
|---|
| 74 | + | |
|---|
| 75 | + | |
|---|
| 76 | + | 3351. When any coroner is under investigation and subjected to interrogation by their superior officer, or any other member of the employing department, that could lead to punitive action, the interrogation shall be conducted under the following conditions. For the purpose of this chapter, punitive action means any action that may lead to dismissal, demotion, suspension, reduction in salary, written reprimand, or transfer for purposes of punishment. |
|---|
| 77 | + | |
|---|
| 78 | + | (a) The interrogation shall be conducted at a reasonable hour, preferably at a time when the coroner is on duty, or during the normal waking hours for the coroner, unless the seriousness of the investigation requires otherwise. If the interrogation does occur during off-duty time of the coroner being interrogated, the coroner shall be compensated for any off-duty time in accordance with regular department procedures, and the coroner shall not be released from employment for any work missed. |
|---|
| 79 | + | |
|---|
| 80 | + | (b) The coroner under investigation shall be informed prior to the interrogation of the rank, name, and command of the officer in charge of the interrogation, the interrogating officers, and all other persons to be present during the interrogation. All questions directed to the coroner under interrogation shall be asked by and through no more than two interrogators at one time. |
|---|
| 81 | + | |
|---|
| 82 | + | (c) The coroner under investigation shall be informed of the nature of the investigation prior to any interrogation. |
|---|
| 83 | + | |
|---|
| 84 | + | (d) The interrogating session shall be for a reasonable period taking into consideration gravity and complexity of the issue being investigated. The person under interrogation shall be allowed to attend to their own personal physical necessities. |
|---|
| 85 | + | |
|---|
| 86 | + | (e) The coroner under interrogation shall not be subjected to offensive language or threatened with punitive action, except that a coroner refusing to respond to questions or submit to interrogations shall be informed that failure to answer questions directly related to the investigation or interrogation may result in punitive action. No promise of reward shall be made as an inducement to answering any question. The employer shall not cause the coroner under interrogation to be subjected to visits by the press or news media without their express consent nor shall their home address or photograph be given to the press or news media without their express consent. |
|---|
| 87 | + | |
|---|
| 88 | + | (f) No statement made during interrogation by a coroner under duress, coercion, or threat of punitive action shall be admissible in any subsequent civil proceeding. This subdivision is subject to the following qualifications: |
|---|
| 89 | + | |
|---|
| 90 | + | (1) This subdivision shall not limit the use of statements made by a coroner when the employing department is seeking civil sanctions against any coroner, including disciplinary action brought under Section 19572. |
|---|
| 91 | + | |
|---|
| 92 | + | (2) This subdivision shall not prevent the admissibility of statements made by the coroner under interrogation in any civil action, including administrative actions, brought by that coroner, or that coroners exclusive representative, arising out of a disciplinary action. |
|---|
| 93 | + | |
|---|
| 94 | + | (3) This subdivision shall not prevent statements made by a coroner under interrogation from being used to impeach the testimony of that coroner after an in camera review to determine whether the statements serve to impeach the testimony of the coroner. |
|---|
| 95 | + | |
|---|
| 96 | + | (4) This subdivision shall not otherwise prevent the admissibility of statements made by a coroner under interrogation if that coroner subsequently is deceased. |
|---|
| 97 | + | |
|---|
| 98 | + | (g) The complete interrogation of a coroner may be recorded. If a tape recording is made of the interrogation, the coroner shall have access to the tape if any further proceedings are contemplated or prior to any further interrogation at a subsequent time. The coroner shall be entitled to a transcribed copy of any notes made by a stenographer or to any reports or complaints made by investigators or other persons, except those which are deemed by the investigating agency to be confidential. No notes or reports that are deemed to be confidential may be entered in the coroners personnel file. The coroner being interrogated shall have the right to bring their own recording device and record any and all aspects of the interrogation. |
|---|
| 99 | + | |
|---|
| 100 | + | (h) If prior to or during the interrogation of a coroner it is deemed that they may be charged with a criminal offense, they shall be immediately informed of their constitutional rights. |
|---|
| 101 | + | |
|---|
| 102 | + | (i) Upon the filing of a formal written statement of charges, or whenever an interrogation focuses on matters that are likely to result in punitive action against any coroner, that coroner, at their request, shall have the right to be represented by a representative of their choice who may be present at all times during the interrogation. The representative shall not be a person subject to the same investigation. The representative shall not be required to disclose, nor be subject to any punitive action for refusing to disclose, any information received from the coroner under investigation for noncriminal matters. |
|---|
| 103 | + | |
|---|
| 104 | + | This section shall not apply to any interrogation of a coroner in the normal course of duty, counseling, instruction, or informal verbal admonishment by, or other routine or unplanned contact with, a supervisor or any other coroner, nor shall this section apply to an investigation concerned solely and directly with alleged criminal activities. |
|---|
| 105 | + | |
|---|
| 106 | + | (j) No coroner shall be loaned or temporarily reassigned to a location or duty assignment if a sworn member of their department would not normally be sent to that location or would not normally be given that duty assignment under similar circumstances. |
|---|
| 107 | + | |
|---|
| 108 | + | 3352. (a) No coroner shall be subjected to punitive action, or denied promotion, or be threatened with any such treatment, because of the lawful exercise of the rights granted under this chapter, or the exercise of any rights under any existing administrative grievance procedure.Nothing in this section shall preclude a head of an agency from ordering a coroner to cooperate with other agencies involved in criminal investigations. If a coroner fails to comply with such an order, the agency may officially charge them with insubordination.(b) No punitive action, nor denial of promotion on grounds other than merit, shall be undertaken by any public agency against any coroner who has successfully completed the probationary period that may be required by their employing agency without providing the coroner with an opportunity for administrative appeal.(c) (1) Except as provided in this subdivision and subdivision (f), 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 agencys discovery by a person authorized to initiate an investigation of the allegation of an act, omission, or other misconduct. In the event that the public agency determines that discipline may be taken, it shall complete its investigation and notify the coroner of its proposed discipline by a Letter of Intent or Notice of Adverse Action articulating the discipline that year, except as provided in paragraph (2). The public agency shall not be required to impose the discipline within that one-year period.(2) (A) 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.(B) If the coroner waives the one-year time period in writing, the time period shall be tolled for the period of time specified in the written waiver.(C) If the investigation is a multijurisdictional investigation that requires a reasonable extension for coordination of the involved agencies.(D) If the investigation involves more than one employee and requires a reasonable extension.(E) If the investigation involves an employee who is incapacitated or otherwise unavailable.(F) If the investigation involves a matter in civil litigation where the coroner is named as a party defendant, the one-year time period shall be tolled while that civil action is pending.(G) 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 defendants criminal investigation and prosecution.(H) If the investigation involves an allegation of workers compensation fraud on the part of the coroner.(d) Where a predisciplinary response or grievance procedure is required or utilized, the time for this response or procedure shall not be governed or limited by this chapter.(e) If, after investigation and any predisciplinary response or procedure, the public agency decides to impose discipline, the public agency shall notify the coroner in writing of its decision to impose discipline, including the date that the discipline will be imposed, within 30 days of its decision, except if the coroner is unavailable for discipline.(f) Notwithstanding the one-year time period specified in subdivision (d), an investigation may be reopened against a coroner if both of the following circumstances exist:(1) Significant new evidence has been discovered that is likely to affect the outcome of the investigation.(2) One of the following conditions exist:(A) The evidence could not reasonably have been discovered in the normal course of investigation without resorting to extraordinary measures by the agency.(B) The evidence resulted from the coroners predisciplinary response or procedure. |
|---|
| 109 | + | |
|---|
| 110 | + | |
|---|
| 111 | + | |
|---|
| 112 | + | 3352. (a) No coroner shall be subjected to punitive action, or denied promotion, or be threatened with any such treatment, because of the lawful exercise of the rights granted under this chapter, or the exercise of any rights under any existing administrative grievance procedure. |
|---|
| 113 | + | |
|---|
| 114 | + | Nothing in this section shall preclude a head of an agency from ordering a coroner to cooperate with other agencies involved in criminal investigations. If a coroner fails to comply with such an order, the agency may officially charge them with insubordination. |
|---|
| 115 | + | |
|---|
| 116 | + | (b) No punitive action, nor denial of promotion on grounds other than merit, shall be undertaken by any public agency against any coroner who has successfully completed the probationary period that may be required by their employing agency without providing the coroner with an opportunity for administrative appeal. |
|---|
| 117 | + | |
|---|
| 118 | + | (c) (1) Except as provided in this subdivision and subdivision (f), 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 agencys discovery by a person authorized to initiate an investigation of the allegation of an act, omission, or other misconduct. In the event that the public agency determines that discipline may be taken, it shall complete its investigation and notify the coroner of its proposed discipline by a Letter of Intent or Notice of Adverse Action articulating the discipline that year, except as provided in paragraph (2). The public agency shall not be required to impose the discipline within that one-year period. |
|---|
| 119 | + | |
|---|
| 120 | + | (2) (A) 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. |
|---|
| 121 | + | |
|---|
| 122 | + | (B) If the coroner waives the one-year time period in writing, the time period shall be tolled for the period of time specified in the written waiver. |
|---|
| 123 | + | |
|---|
| 124 | + | (C) If the investigation is a multijurisdictional investigation that requires a reasonable extension for coordination of the involved agencies. |
|---|
| 125 | + | |
|---|
| 126 | + | (D) If the investigation involves more than one employee and requires a reasonable extension. |
|---|
| 127 | + | |
|---|
| 128 | + | (E) If the investigation involves an employee who is incapacitated or otherwise unavailable. |
|---|
| 129 | + | |
|---|
| 130 | + | (F) If the investigation involves a matter in civil litigation where the coroner is named as a party defendant, the one-year time period shall be tolled while that civil action is pending. |
|---|
| 131 | + | |
|---|
| 132 | + | (G) 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 defendants criminal investigation and prosecution. |
|---|
| 133 | + | |
|---|
| 134 | + | (H) If the investigation involves an allegation of workers compensation fraud on the part of the coroner. |
|---|
| 135 | + | |
|---|
| 136 | + | (d) Where a predisciplinary response or grievance procedure is required or utilized, the time for this response or procedure shall not be governed or limited by this chapter. |
|---|
| 137 | + | |
|---|
| 138 | + | (e) If, after investigation and any predisciplinary response or procedure, the public agency decides to impose discipline, the public agency shall notify the coroner in writing of its decision to impose discipline, including the date that the discipline will be imposed, within 30 days of its decision, except if the coroner is unavailable for discipline. |
|---|
| 139 | + | |
|---|
| 140 | + | (f) Notwithstanding the one-year time period specified in subdivision (d), an investigation may be reopened against a coroner if both of the following circumstances exist: |
|---|
| 141 | + | |
|---|
| 142 | + | (1) Significant new evidence has been discovered that is likely to affect the outcome of the investigation. |
|---|
| 143 | + | |
|---|
| 144 | + | (2) One of the following conditions exist: |
|---|
| 145 | + | |
|---|
| 146 | + | (A) The evidence could not reasonably have been discovered in the normal course of investigation without resorting to extraordinary measures by the agency. |
|---|
| 147 | + | |
|---|
| 148 | + | (B) The evidence resulted from the coroners predisciplinary response or procedure. |
|---|
| 149 | + | |
|---|
| 150 | + | 3353. No coroner shall have any comment adverse to their interest entered in their personnel file, or any other file used for any personnel purposes by their employer, without the coroner having first read and signed the instrument containing the adverse comment indicating they are aware of such comment, except that an entry may be made if after reading such instrument the coroner refuses to sign it. Should a coroner refuse to sign, that fact shall be noted on that document, and signed or initialed by the coroner. |
|---|
| 151 | + | |
|---|
| 152 | + | |
|---|
| 153 | + | |
|---|
| 154 | + | 3353. No coroner shall have any comment adverse to their interest entered in their personnel file, or any other file used for any personnel purposes by their employer, without the coroner having first read and signed the instrument containing the adverse comment indicating they are aware of such comment, except that an entry may be made if after reading such instrument the coroner refuses to sign it. Should a coroner refuse to sign, that fact shall be noted on that document, and signed or initialed by the coroner. |
|---|
| 155 | + | |
|---|
| 156 | + | 3354. A coroner shall have 30 days within which to file a written response to any adverse comment entered in their personnel file. Such written response shall be attached to, and shall accompany, the adverse comment. |
|---|
| 157 | + | |
|---|
| 158 | + | |
|---|
| 159 | + | |
|---|
| 160 | + | 3354. A coroner shall have 30 days within which to file a written response to any adverse comment entered in their personnel file. Such written response shall be attached to, and shall accompany, the adverse comment. |
|---|
| 161 | + | |
|---|
| 162 | + | 3355. (a) Every employer shall, at reasonable times and at reasonable intervals, upon the request of a coroner, during usual business hours, with no loss of compensation to the coroner, permit that coroner to inspect personnel files that are used or have been used to determine that coroners qualifications for employment, promotion, additional compensation, or termination or other disciplinary action.(b) Each employer shall keep each coroners personnel file or a true and correct copy thereof, and shall make the file or copy thereof available within a reasonable period of time after a request therefor by the coroner.(c) If, after examination of the coroners personnel file, the coroner believes that any portion of the material is mistakenly or unlawfully placed in the file, the coroner may request, in writing, that the mistaken or unlawful portion be corrected or deleted. Any request made pursuant to this subdivision shall include a statement by the coroner describing the corrections or deletions from the personnel file requested and the reasons supporting those corrections or deletions. A statement submitted pursuant to this subdivision shall become part of the personnel file of the coroner.(d) Within 30 calendar days of receipt of a request made pursuant to subdivision (c), the employer shall either grant the officers request or notify the coroner of the decision to refuse to grant the request. If the employer refuses to grant the request, in whole or in part, the employer shall state in writing the reasons for refusing the request, and that written statement shall become part of the personnel file of the coroner. |
|---|
| 163 | + | |
|---|
| 164 | + | |
|---|
| 165 | + | |
|---|
| 166 | + | 3355. (a) Every employer shall, at reasonable times and at reasonable intervals, upon the request of a coroner, during usual business hours, with no loss of compensation to the coroner, permit that coroner to inspect personnel files that are used or have been used to determine that coroners qualifications for employment, promotion, additional compensation, or termination or other disciplinary action. |
|---|
| 167 | + | |
|---|
| 168 | + | (b) Each employer shall keep each coroners personnel file or a true and correct copy thereof, and shall make the file or copy thereof available within a reasonable period of time after a request therefor by the coroner. |
|---|
| 169 | + | |
|---|
| 170 | + | (c) If, after examination of the coroners personnel file, the coroner believes that any portion of the material is mistakenly or unlawfully placed in the file, the coroner may request, in writing, that the mistaken or unlawful portion be corrected or deleted. Any request made pursuant to this subdivision shall include a statement by the coroner describing the corrections or deletions from the personnel file requested and the reasons supporting those corrections or deletions. A statement submitted pursuant to this subdivision shall become part of the personnel file of the coroner. |
|---|
| 171 | + | |
|---|
| 172 | + | (d) Within 30 calendar days of receipt of a request made pursuant to subdivision (c), the employer shall either grant the officers request or notify the coroner of the decision to refuse to grant the request. If the employer refuses to grant the request, in whole or in part, the employer shall state in writing the reasons for refusing the request, and that written statement shall become part of the personnel file of the coroner. |
|---|
| 173 | + | |
|---|
| 174 | + | 3356. (a) No coroner shall be compelled to submit to a lie detector test against their will. No disciplinary action or other recrimination shall be taken against a coroner refusing to submit to a lie detector test, nor shall any comment be entered anywhere in the investigators notes or anywhere else that the coroner refused to take, or did not take, a lie detector test, nor shall any testimony or evidence be admissible at a subsequent hearing, trial, or proceeding, judicial or administrative, to the effect that the coroner refused to take, or was subjected to, a lie detector test.(b) For the purpose of this section, lie detector means a polygraph, deceptograph, voice stress analyzer, psychological stress evaluator, or any other similar device, whether mechanical or electrical, that is used, or the results of which are used, for the purpose of rendering a diagnostic opinion regarding the honesty or dishonesty of an individual. |
|---|
| 175 | + | |
|---|
| 176 | + | |
|---|
| 177 | + | |
|---|
| 178 | + | 3356. (a) No coroner shall be compelled to submit to a lie detector test against their will. No disciplinary action or other recrimination shall be taken against a coroner refusing to submit to a lie detector test, nor shall any comment be entered anywhere in the investigators notes or anywhere else that the coroner refused to take, or did not take, a lie detector test, nor shall any testimony or evidence be admissible at a subsequent hearing, trial, or proceeding, judicial or administrative, to the effect that the coroner refused to take, or was subjected to, a lie detector test. |
|---|
| 179 | + | |
|---|
| 180 | + | (b) For the purpose of this section, lie detector means a polygraph, deceptograph, voice stress analyzer, psychological stress evaluator, or any other similar device, whether mechanical or electrical, that is used, or the results of which are used, for the purpose of rendering a diagnostic opinion regarding the honesty or dishonesty of an individual. |
|---|
| 181 | + | |
|---|
| 182 | + | 3357. No coroner shall be required or requested for purposes of job assignment or other personnel action to disclose any item of their property, income, assets, source of income, debts or personal or domestic expenditures (including those of any member of their family or household) unless such information is obtained or required under state law or proper legal procedure, tends to indicate a conflict of interest with respect to the performance of their official duties, or is necessary for the employing agency to ascertain the desirability of assigning the coroner to a specialized unit in which there is a strong possibility that bribes or other improper inducements may be offered. |
|---|
| 183 | + | |
|---|
| 184 | + | |
|---|
| 185 | + | |
|---|
| 186 | + | 3357. No coroner shall be required or requested for purposes of job assignment or other personnel action to disclose any item of their property, income, assets, source of income, debts or personal or domestic expenditures (including those of any member of their family or household) unless such information is obtained or required under state law or proper legal procedure, tends to indicate a conflict of interest with respect to the performance of their official duties, or is necessary for the employing agency to ascertain the desirability of assigning the coroner to a specialized unit in which there is a strong possibility that bribes or other improper inducements may be offered. |
|---|
| 187 | + | |
|---|
| 188 | + | 3358. No coroner shall have their locker, or other space for storage that may be assigned to them searched except in their presence, or with their consent, or unless a valid search warrant has been obtained or where they have been notified that a search will be conducted. This section shall apply only to lockers or other space for storage that are owned or leased by the employing agency. |
|---|
| 189 | + | |
|---|
| 190 | + | |
|---|
| 191 | + | |
|---|
| 192 | + | 3358. No coroner shall have their locker, or other space for storage that may be assigned to them searched except in their presence, or with their consent, or unless a valid search warrant has been obtained or where they have been notified that a search will be conducted. This section shall apply only to lockers or other space for storage that are owned or leased by the employing agency. |
|---|
| 193 | + | |
|---|
| 194 | + | 3359. (a) It shall be unlawful for any public department to deny or refuse to any coroner the rights and protections guaranteed to them by this chapter.(b) Nothing in subdivision (h) of Section 11181 shall be construed to affect the rights and protections afforded to a coroner under this chapter.(c) The superior court shall have initial jurisdiction over any proceeding brought by any coroner against any public department for alleged violations of this chapter.(d) (1) In any case where the superior court finds that a public department has violated any of the provisions of this chapter, the court shall render appropriate injunctive or other extraordinary relief to remedy the violation and to prevent future violations of a like or similar nature, including, but not limited to, the granting of a temporary restraining order, preliminary injunction, or permanent injunction prohibiting the public department from taking any punitive action against the coroner.(2) If the court finds that a bad faith or frivolous action or a filing for an improper purpose has been brought pursuant to this chapter, the court may order sanctions against the party filing the action, the partys attorney, or both, pursuant to Sections 128.6 and 128.7 of the Code of Civil Procedure. Those sanctions may include, but not be limited to, reasonable expenses, including attorneys fees, incurred by a public department as the court deems appropriate. Nothing in this paragraph is intended to subject actions or filings under this section to rules or standards that are different from those applicable to other civil actions or filings subject to Section 128.6 or 128.7 of the Code of Civil Procedure.(e) In addition to the extraordinary relief afforded by this chapter, upon a finding by a superior court that a public department, its employees, agents, or assigns, with respect to acts taken within the scope of employment, maliciously violated any provision of this chapter with the intent to injure the coroner, the public department shall, for each and every violation, be liable for a civil penalty not to exceed twenty-five thousand dollars ($25,000) to be awarded to the coroner whose right or protection was denied and for reasonable attorneys fees as may be determined by the court. If the court so finds, and there is sufficient evidence to establish actual damages suffered by the coroner whose right or protection was denied, the public department shall also be liable for the amount of the actual damages. Notwithstanding these provisions, a public department may not be required to indemnify a contractor for the contractors liability pursuant to this subdivision if there is, within the contract between the public department and the contractor, a hold harmless or similar provision that protects the public department from liability for the actions of the contractor. An individual shall not be liable for any act for which a public department is liable under this section. |
|---|
| 195 | + | |
|---|
| 196 | + | |
|---|
| 197 | + | |
|---|
| 198 | + | 3359. (a) It shall be unlawful for any public department to deny or refuse to any coroner the rights and protections guaranteed to them by this chapter. |
|---|
| 199 | + | |
|---|
| 200 | + | (b) Nothing in subdivision (h) of Section 11181 shall be construed to affect the rights and protections afforded to a coroner under this chapter. |
|---|
| 201 | + | |
|---|
| 202 | + | (c) The superior court shall have initial jurisdiction over any proceeding brought by any coroner against any public department for alleged violations of this chapter. |
|---|
| 203 | + | |
|---|
| 204 | + | (d) (1) In any case where the superior court finds that a public department has violated any of the provisions of this chapter, the court shall render appropriate injunctive or other extraordinary relief to remedy the violation and to prevent future violations of a like or similar nature, including, but not limited to, the granting of a temporary restraining order, preliminary injunction, or permanent injunction prohibiting the public department from taking any punitive action against the coroner. |
|---|
| 205 | + | |
|---|
| 206 | + | (2) If the court finds that a bad faith or frivolous action or a filing for an improper purpose has been brought pursuant to this chapter, the court may order sanctions against the party filing the action, the partys attorney, or both, pursuant to Sections 128.6 and 128.7 of the Code of Civil Procedure. Those sanctions may include, but not be limited to, reasonable expenses, including attorneys fees, incurred by a public department as the court deems appropriate. Nothing in this paragraph is intended to subject actions or filings under this section to rules or standards that are different from those applicable to other civil actions or filings subject to Section 128.6 or 128.7 of the Code of Civil Procedure. |
|---|
| 207 | + | |
|---|
| 208 | + | (e) In addition to the extraordinary relief afforded by this chapter, upon a finding by a superior court that a public department, its employees, agents, or assigns, with respect to acts taken within the scope of employment, maliciously violated any provision of this chapter with the intent to injure the coroner, the public department shall, for each and every violation, be liable for a civil penalty not to exceed twenty-five thousand dollars ($25,000) to be awarded to the coroner whose right or protection was denied and for reasonable attorneys fees as may be determined by the court. If the court so finds, and there is sufficient evidence to establish actual damages suffered by the coroner whose right or protection was denied, the public department shall also be liable for the amount of the actual damages. Notwithstanding these provisions, a public department may not be required to indemnify a contractor for the contractors liability pursuant to this subdivision if there is, within the contract between the public department and the contractor, a hold harmless or similar provision that protects the public department from liability for the actions of the contractor. An individual shall not be liable for any act for which a public department is liable under this section. |
|---|
| 209 | + | |
|---|
| 210 | + | 3360. Any public agency which has adopted, through action of its governing body or its official designee, any procedure which at a minimum provides to coroners the same rights or protections as provided pursuant to this chapter shall not be subject to this chapter with regard to such a procedure. |
|---|
| 211 | + | |
|---|
| 212 | + | |
|---|
| 213 | + | |
|---|
| 214 | + | 3360. Any public agency which has adopted, through action of its governing body or its official designee, any procedure which at a minimum provides to coroners the same rights or protections as provided pursuant to this chapter shall not be subject to this chapter with regard to such a procedure. |
|---|
| 215 | + | |
|---|
| 216 | + | 3361. Nothing in this chapter shall in any way be construed to limit the use of any public agency or any coroner in the fulfilling of mutual aid agreements with other jurisdictions or agencies, nor shall this chapter be construed in any way to limit any jurisdictional or interagency cooperation under any circumstances where such activity is deemed necessary or desirable by the jurisdictions or the agencies involved. |
|---|
| 217 | + | |
|---|
| 218 | + | |
|---|
| 219 | + | |
|---|
| 220 | + | 3361. Nothing in this chapter shall in any way be construed to limit the use of any public agency or any coroner in the fulfilling of mutual aid agreements with other jurisdictions or agencies, nor shall this chapter be construed in any way to limit any jurisdictional or interagency cooperation under any circumstances where such activity is deemed necessary or desirable by the jurisdictions or the agencies involved. |
|---|
| 221 | + | |
|---|
| 222 | + | 3362. This chapter shall remain in effect only until January 1, 2025, and as of that date is repealed. |
|---|
| 223 | + | |
|---|
| 224 | + | |
|---|
| 225 | + | |
|---|
| 226 | + | 3362. This chapter shall remain in effect only until January 1, 2025, and as of that date is repealed. |
|---|
| 227 | + | |
|---|
| 228 | + | SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the need to establish a pilot program within the County of Los Angeles to protect the employment rights of coroners and deputy coroners employed by the county. |
|---|
| 229 | + | |
|---|
| 230 | + | SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the need to establish a pilot program within the County of Los Angeles to protect the employment rights of coroners and deputy coroners employed by the county. |
|---|
| 231 | + | |
|---|
| 232 | + | SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the need to establish a pilot program within the County of Los Angeles to protect the employment rights of coroners and deputy coroners employed by the county. |
|---|
| 233 | + | |
|---|
| 234 | + | ### SEC. 2. |
|---|
| 235 | + | |
|---|
| 236 | + | |
|---|
| 237 | + | |
|---|
| 238 | + | |
|---|
| 239 | + | |
|---|
| 240 | + | (a)For purposes of this chapter, the term public safety officer means all peace officers specified in Sections 830.1, 830.2, 830.3, 830.31, 830.32, 830.33, except subdivision (e), 830.34, 830.35, 830.36, 830.37, 830.38, 830.4, and 830.5 of the Penal Code. |
|---|