Because the Firefighters Procedural Bill of Rights Act (“FBOR,” Gov. Code § 3200 et seq.) was only recently enacted and first became effective on January 1, 2008, there are, as yet, no published appellate cases interpreting its statutory provisions. However, the FBOR was closely modeled on the Public Safety Officers Procedural Bill of Rights Act (“POBR,” Gov. Code § 3300 et seq.) enacted in 1976. The Legislative Counsel’s Digest for Assembly Bill 220 speaks to the relatedness between the PBOR and the FBOR by expressly referencing the PBOR in its opening paragraph. Therefore, the cases shown below interpreting the POBR are persuasive authority as to how courts will interpret and apply comparable provisions of the FBOR.
Alhambra Police Officers Ass'n v. City of Alhambra Police Dept.
Year decided: 2003
Court: California Court of Appeal, 2d District - review denied
Citations: 113 Cal.App.4th 1413; 7 Cal.Rptr.3d 432
Holding:
City peace officer could not challenge discipline to which he agreed. Public Safety Officers Procedural Bill of Rights Act did not apply to peace officer’s interview by outside agency. Peace officer was not immune from discipline even though acting as representative of another peace officer under investigation.
Year: 1982
Court: California Supreme Court
Citations: 32 Cal.3d 128; 185 Cal.Rptr. 232
Holding:
Breslin v. City and County of San Francisco
Year: 2007
Court: California Court of Appeal, 1st District
Citations: 146 Cal.App.4th 1064; 55 Cal.Rptr.3d 14
Holding: Rehearing denied.
Year: 1992
Court: California Supreme Court
Citations: 2 Cal.4th 556; 7 Cal.Rptr.2d 531; 828 P.2d 672
Holding:
Legislature did not intend Public Safety Officers Procedural Bill of Rights Act (POBR) to apply to police recruits and civilian trainees of police department because there are real and meaningful distinctions exist between recruits and police officers, city police department did not classify employees as recruits for purposes of avoiding POBR application, police recruits do not exercise peace officers powers, and prior to the enactment of the POBR, the Attorney General had determined that “trainee officers” were not peace officers under former Penal Code § 817, a predecessor to Penal Code § 830 et.seq.
Copley Press, Inc. v. Superior Court
Year: 2006
Court: California Supreme Court
Citations: 39 Cal.4th 1272; 48 Cal.Rptr.3d 183; 141 P.3d 288
Holding:
Denial to press of certain records of peace officer termination appeal before county civil service commission that press requested under the California Public Records Act upheld citing, in part, Peace Officers Bill of Rights § 3304.
California Correctional Peace Officers Assn. v. State of California
Year: 2000
Court: California Court of Appeal, 1st District
Citations: 82 Cal.App.4th 294; 98 Cal.Rptr.2d 302
Holding:
County of Riverside v. Superior Court
Year: 2002
Court: California Supreme Court
Citations: 27 Cal.4th 793; 118 Cal.Rptr.2d 167; 42 P.3d 1034
Holding:
Crawford v. City of Los Angeles
Year: 2009
Court: California Court of Appeal, 2d District
Citations: 175 Cal.App.4th 249; 95 Cal.Rptr.3d 550
Holding:
Department of Finance v. Commission on State Mandates
Year: 2009
Court: California Court of Appeal, 3d District
Citations: 170 Cal.App.4th 1355; 89 Cal.Rptr.3d 93
Holding:
Year: 1995
Court: California Court of Appeal, 3d District
Citations: 34 Cal.App.4th 1441; 41 Cal.Rptr.2d 35
Holding:
City fire chief is not a peace officer within the meaning of the Public Safety Officers Procedural Bill of Rights (“POBR,” Gov. Code § 3300 et seq.). However, since this case was decided in 1995, the Firefighters Procedural Bill of Rights Act (“FBOR”) was enacted effective January 1, 2008, and provides at § 3254, subdivision (c), for certain pre-removal safeguards for fire chiefs.
Year: 2005
Court: California Court of Appeal, 6th District
Citations: 130 Cal.App.4th 1264; 31 Cal.Rptr.3d 297
Holding:
Year: 1999
Court: California Court of Appeal, 5th District - review denied
Citations: 76 Cal.App.4th 1322; 91 Cal.Rptr.2d 171
Holding:
Jackson v. City of Los Angeles
Year: 2003
Court: California Court of Appeal, 2d District
Citations: 111 Cal.App.4th 899; 4 Cal.Rptr.3d 325
Holding: Review denied.
Year: 2003
Court: California Court of Appeal, 4th District - rehearing denied, review denied
Citations: 106 Cal.App.4th 905; 131 Cal.Rptr.2d 85
Holding:
Los Angeles Police Protective League v. City of Los Angeles
Year: 1995
Court: California Court of Appeal, 2d District
Citations: 35 Cal.App.4th 1535; 42 Cal.Rptr.2d 23
Holding:
Lozada v. City and County of San Francisco
Year: 2006
Court: California Court of Appeal, 1st District
Citations: 145 Cal.App.4th 1139; 52 Cal.Rptr.3d 209
Holding:
McMahon v. City of Los Angeles
Year: 2009
Court: California Court of Appeal, 2d District
Citations: 172 Cal.App.4th 1324; 92 Cal.Rptr.3d 68
Holding:
Year: 2007
Court: California Court of Appeal, 2d District
Citations: 156 Cal.App.4th 373; 67 Cal.Rptr.3d 218
Holding:
Year decided: 1987
Court: California Court of Appeal, 2d District - review denied
Citations: 193 Cal.App.3d 1248; 239 Cal.Rptr. 18
Holding:
City peace officer was not required to exhaust administrative remedies before seeking injunctive and declaratory relief under Peace Officers Procedural Bill of Rights Act. Holding distinguished in Zazueta v. County of San Benito (1995) 38 Cal.App.4th 106. See also Lozada v. City and County of San Francisco (2006) 145 Cal.App.4th 1139, regarding compliance with the Government Tort Claim Act.
Melkonians v. Los Angeles County Civil Service Com'n
Year: 2009
Court: California Court of Appeal, 2d District
Citations: 174 Cal.App.4th 1159; 95 Cal.Rptr.3d 415
Holding: Review denied
Year: 2007
Court: United States Court of Appeals, Ninth Circuit
Citations: 226 Fed.Appx. 705
Holding: Unreported.
Parra v. City and County of San Francisco
Year: 2006
Court: California Court of Appeal, 1st District
Citations: 144 Cal.App.4th 977; 50 Cal.Rptr.3d 822
Holding:
Year: 2008
Court: California Court of Appeal, 2d District
Citations: 167 Cal.App.4th 118; 83 Cal.Rptr.3d 821
Holding:
Riveros v. City of Los Angeles
Year: 1996
Court: California Court of Appeal, 2d District
Citations: 41 Cal.App.4th 1342; 49 Cal.Rptr.2d 238
Holding: Modified on denial of rehearing.
Riverside Sheriffs' Ass'n v. County of Riverside
Year: 2009
Court: California Court of Appeal, 4th District
Citations: 173 Cal.App.4th 1410; 93 Cal.Rptr.3d 832
Holding: Review denied.
Year: 1995
Court: California Court of Appeal, 2d District
Citations: 40 Cal.App.4th 961; 47 Cal.Rptr.2d 356
Holding: Rehearing denied, review denied.
Shafer v. County of Los Angeles Sheriff's Dept.
Year: 2003
Court: California Court of Appeal, 2d District
Citations: 106 Cal.App.4th 1388; 131 Cal.Rptr.2d 670
Holding:
Year: 2006
Court: California Court of Appeal, 2d District
Citations: 146 Cal.App.4th 458; 53 Cal.Rptr.3d 1
Holding:
Year: 2004
Court: California Court of Appeal, 3d District
Citations: 125 Cal.App.4th 21; 22 Cal.Rptr.3d 615
Holding: Review denied.
Upland Police Officers Ass'n v. City of Upland
Year: 2003
Court: California Court of Appeal, 4th District
Citations: 111 Cal.App.4th 1294; 4 Cal.Rptr.3d 629
Holding: Review denied.
Van Winkle v. County of Ventura
Year: 2007
Court: California Court of Appeal, 2d District
Citations: 158 Cal.App.4th 492; 69 Cal.Rptr.3d 809
Holding:
Zazueta v. County of San Benito
Year: 1997
Court: California Court of Appeal, 6th District
Citations: 38 Cal.App.4th 106; 44 Cal.Rptr.2d 678
Holding:
Peace officer waived his rights under Government Code section 3309.5 by participating in binding arbitration and not seeking judicial review under Peace Officers Procedural Bill of Rights until after adverse arbitrator's ruling. Case held distinguishable from Mounger v. Gates (1997) 193 Cal.App.3d 1248.
