All notes for Subtopic 1000.02023 – Confidential Files

DecisionDescriptionPERC Vol.PERC IndexDate
2772M County of Sonoma * * * VACATED IN PART by County of Sonoma (2023) PERB Decision No. 2772a-M * * *
1000.02023: SCOPE OF REPRESENTATION; Confidential Files
The Board held that the ballot measure impacts disciplinary procedures by expanding the types of evidence the County could use as a basis for discipline. The ballot measure permits the police review agency to use complaints that are exonerated, unfounded, or not sustained as a basis for recommending discipline. The County Sheriff’s Office’s investigation thus could find that a peace officer is exonerated or that a complaint was unfounded, while the police review agency could find otherwise, creating a conflict in whether or not discipline should be imposed. Similarly, the ballot measure amendments granting the police review agency authority to subpoena records or testimony in investigations and review an officer’s discipline record, including all prior complaints, also could expand the evidence the County uses as a basis for discipline. For example, the police review agency now has the ability to review whether and why officers are on a Brady list, which could impact the police review agency’s discipline recommendations. (pp. 41-42.) more or view all topics or full text.