SCOPE OF REPRESENTATION – Disciplinary Procedures

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1000.02030 – Disciplinary Procedures

The Board held that the ballot measure’s amendments directly affect employment by changing—or at least creating ambiguity about—disciplinary procedures and standards because it establishes a parallel investigative scheme for County peace officers. Since the police review agency’s procedures may deviate from the investigations conducted by the Sheriff’s Office, those procedures are within the scope of representation. (p. 40.)

The provision allowing the police review agency’s director to personally sit in and observe the investigative interview of a deputy subject to investigation also impacts discipline, as the director could use any information from that interview as part of the police review agency’s investigation of the same deputy (either as substantive evidence or to impeach the deputy in a later police review agency’s investigative interview). The Board does not depart from decisional law that a board of review hearing does not requiring bargaining as management must have the most unfettered right to determine who is in the room to allow it to reach an informed decision. However, because the ballot measure impacts disciplinary procedures by expanding the types of evidence the County could use as a basis for discipline, the Associations had the right to bargain over those decisions. (pp. 42-43.)