What Administrative Body May Impose Remedies For A Violation Of The Pobar Act?

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If a violation occurs, POBAR is enforceable in superior court. An officer does not have to exhaust administrative remedies to sue his agency in superior court. If the court finds a violation, the court shall render appropriate injunctive or other extraordinary relief to remedy the violation. The court may grant a temporary restraining order or any other injunctive relief against the employing agency.

Other California Labor and Employment FAQs

Q: What Does The State Of California Public Safety Officers Procedural Bill Of Rights Act (Pobar) Govern?
A: The Public Safety Officers Procedural Bill of Rights (POBAR) Act provides for elements of procedural rights that must be followed toward public safety officers when … More
Q: Who Does The Pobar Act Cover?
A: The act covers all public safety officers in the State of California, both employed by the State or local governments. Public Safety Officers of the State of … More
Q: Does The Pobar Act Apply If An Officer Is Interrogated By An Outside Agency?
A: POBAR only covers an officer if his or her commanding officer or any other member of the employing public safety department interviews him or her. An officer who is … More
Q: How Do Self-Incrimination And The Lybarger Warning Affect An Interrogation Under The Pobar Act?
A: An interrogation of an officer can be administrative or criminal. The employer can order an officer to answer questions. POBAR requires that if an officer refuses to … More
Q: How Does The Pobar Act Apply To Interrogations By The Press Or Media?
A: The employer cannot cause a public safety officer under interrogation to be subjected to visits of the press or news media without the officer`s express consent. The … More
Q: How Does The Pobar Act Treat Adverse Entries Into An Officer's Personnel File?
A: Officers have the right to receive notice of adverse comments entered into their personnel file and have 30 days to write a rebuttal. The officer must be given the … More
Q: How Does The Pobar Act Treat Employer Searches And The Officer's
A: POBAR specifically addresses searches and provides that any space under the employer`s control (such as a personal storage space or locker) may be searched by the … More
Q: How Does The Pobar Act Treat Polygraph Examinations?
A: Under POBAR, the officer has an absolute right to decline to take a polygraph examination. No disciplinary action or other reproach can be taken against an officer for … More
Q: How Does The Pobar Act Treat The Officer's Right To An Administrative Appeal?
A: POBAR provides that an officer must be given an opportunity for an administrative appeal whenever there is a punitive action against that officer or denial of … More
Q: How Does The Pobar Act Treat The Right Of Privacy Of Personal Property?
A: Under POBAR, an officer has the right to maintain the privacy of his or her property, income, assets, source of income, debts and personal or domestic expenditures … More