May 24, 2004 :: SB 1431 - OPPOSE/UNLESS AMENDED

The Honorable Jackie Speier State Capitol, Room 2032 Sacramento, CA 95814 Re: SB 1431 - OPPOSE/UNLESS AMENDED Dear Senator Speier: On behalf of the California Correctional Peace Officers Association, I am writing to inform you of our opposition to SB 1431 (Speier and Romero), unless amended as discussed below.

As introduced and amended, SB 1431 imposed a requirement on an employee to cooperate in any investigation conducted by any law enforcement agency. We agree that a "code of silence" that exists in any agency should be eliminated. We applaud the authors' efforts to protect whistle blowers but all employees should be protected. Unfortunately, this bill as written does not take into consideration due process rights that are afforded peace officers under the Constitution, Public Safety Officers Procedural Bill of Rights (Government Code § 3300 et seq.) and any other applicable statutes.

The constitutional due process safeguards provided by Skelly v. State Personnel Board (1975) 15 Cal.3d.194 and its progeny, in determining the appropriateness of a penalty in employee discipline should be followed. That is, the process must encompass considerations of the length of state service, the severity of the misconduct, and the likelihood of its reoccurrence, and the potential harm to the public.

We do have an additional concern, though, that a schedule of sanctions will curtail some settlements of appeals with the State Personnel Board. This will predictably result in more cases going to full evidentiary hearing with the State Personnel Board and the associated increased costs to each Department and the California State Personnel Board. With the inclusion of our amendments, we would be pleased to support your measure. Thank you for considering our views.

Sincerely,
Debra Heusel, Chair
CCPOA Legislative Committee

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