HomeMy WebLinkAboutCC 11 A.B. 2055 05-18-81DATE:
TO:
FROI~:
SUBJECT:
MAY 12, 1981
No. 11
5-18-81
Inter- Corn
MAYOR, COUNCIL, CITY ADMINISTRATOR
C. R. THAYER, CHIEF OF POLICE
A.B. 2055
A.B. 2055, as introducted by Assemblyman Hart on 4/2/81, proposes
to amend, add, and repeal section 3304 of the Government Code
relating to public safety officers. This bill would expand the'
administrative appeal, guaranteed by law to all public safety
employees for punitive action or denial of promotion, from its
current administrative rules of procedure and change it to a full
evidentiary hearing. It would also propose that failure to comply
with this full evidentiary hearing would result in certain funds
being held back as local revenue as a matter of punishment.
We would recommend that the Council send the attached letter and
direct the Mayor to sign it on behalf of the Council, opposing
this bill. Currently administrative hearings drag on for weeks at
a time and the expansion of them to full evidentiary hearings
would prolong them beyond manageable boundaries. The protection
of the accused employee's rights are numer..~us and adequate under
the current system. These changes would only serve the purpose of
changing the thrust of appeal hearings to a search for technical
error instead of the hearing aimed at ju:~t[ce for the employee and
the public.
~'. R. THAYER
CHIEF OF POLICE
Attachment
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May 13, 1981
POLICE DEPARTMENT
Assemblywoman Marian Bergeson
74th District
California Legislature
4500 Campus Drive, Suite 344
Newport Beach, CA, 92660
Dear Assemblywoman Bergeson:
The City Council of the City of Tustin wishes to advise you of
our fervent opposition to A.B. 2055. It is our opinion that
the passage of such a bill would only hamper the administrative
appeal process of employees and is unneeded in view of the
existing provisions of the Public Safety Officers Procedural
Bill of Rights Act.
The passage of A.B. 2055 would, in our opinion, change the
thrust of the administrative appeal hearing from one of seeking
justice both for the employee and the public served and move
into the area of a hearing designed to seek errors in the
evidenti~ry process rather than the truth of the charges made.
We trust we can count on your opposition to this bill.
Sincerely,
James Sharp, Mayor
for the City CoUncil
cc:
Assemblyman Ross Johnson, 69th District
Assemblyman John Lewis, 70th District
Assemblyman Chet Wray, 71st District
Assemblyman Richard Robinson, 72nd District
Assemblyman Nolan Frizzelle, 73rd District
JS:dh
City Center 300 Centennial
Tustin, California 92680
(714) 544-8890