AB 651: Public safety officers and firefighters: investigations and interviews.

The Firefighters Procedural Bill of Rights Act and the Public Safety Officers Procedural Bill of Rights Act grant certain rights to firefighters and public safety officers, as defined. The acts require that, when a firefighter or public safety officer is under investigation and is interrogated by his or her commanding officer, or another member of the employing agency, on matters than that could lead to punitive action, the interrogation be conducted under certain conditions. Upon the filing of a formal written statement of charges or when an interrogation focuses on matters that, in the case of a firefighter, may result in punitive action or, in the case of a public safety officer, are likely to result in punitive action, the acts grant the firefighter or public safety officer a right to be represented by a person of his or her choice, except as specified, who may be present at all times during the interrogation. The acts prohibit requiring the representative to make certain disclosures or subjecting the representative to punitive action for refusing to make those disclosures.

This bill, in an investigation that focuses on matters that may result in punitive action against a firefighter or public safety officer who is not formally under investigation but is interviewed as a witness in an investigation of another firefighter or public safety officer, would authorize grant the firefighter or public safety officer who is a witness the right to have representation in the interview, as specified. interview at the time that he or she has reasonable cause to believe that the interrogation may result in punitive action against him or her. If the firefighter or public safety officer requests representation and the request is denied, the bill would prohibit statements taken after the request is made from being used against the firefighter or public safety officer in a disciplinary proceeding or in determining or imposing a punitive action.