Peace Officer Discipline Notice Need Not Identify Specific Discipline Proposed

January 13, 2009 by Beeson Tayer & Bodine

The California Supreme Court ruled that the notice of proposed disciplinary action required by the Peace Officers’ Bill of Rights (POBR) need not identify the specific discipline proposed. Mays v. City of Los Angeles, 43 Cal.4th 313 (2008).

POBR provides that no discipline may be imposed on an officer unless the investigating agency completes its investigation and notifies the officer of the proposed action within one year of the agency’s discovery of misconduct. Jon Mays, a police officer suspected of misconduct, received notice of proposed disciplinary action three days before the expiration of the one-year time period.

The notice referred Mays to a “Board of Rights” for adjudication of the proposed discipline, but did not specify the proposed disciplinary action. Mays argued that the notice’s failure to identify specific discipline rendered the notice insufficient and that any further notice was barred by the one-year time limitation.

The Court disagreed. The Court observed that the notice Mays received provided sufficient notice that he was subject to discipline. And the Court concluded that the POBR time limit regarding temnotice of discipline was intended by the Legislature to shorten investigation times, and not to require the proposal of a specific punishment within one year.

Thus, the Court ruled, the notice to Mays that his misconduct was being referred to the Board of Rights was sufficient to provide him notice under POBR.

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