Under POBAR, no punitive action, or denial of promotion on grounds other than merit, can be taken against a peace officer if a person authorized to initiate an investigation of the alleged misconduct does not complete the investigation of the allegation within one year of the employer`s discovery. This applies to acts occurring after January 1, 1998. If the employer determines that discipline may be taken, it shall complete its investigation and notify the officer of proposed disciplinary action within that year with a number of exceptions below:
- If allegation of misconduct is also the subject of a criminal investigation or criminal prosecution in which the criminal investigation or prosecution will toll the oneyear time period.
- If the officer waives this requirement in writing.
- If the investigation is a multijurisdictional investigation that requires a reasonable extension for coordination of the involved agencies
- If the investigation involves more than one employee and requires a reasonable extension.
- If the investigation involves an employee who is incapacitated or otherwise not available.
- If it involves civil litigation where the officer is named as a defendant. The time shall be tolled while the civil action is pending.
- If it involves a criminal litigation where the complainant is a criminal defendant, the time shall toll during that defendant`s criminal investigation and prosecution.
- If it involves an allegation of workers` compensation fraud on the part of the officer.
Get Help from an Experienced Employment Law Attorney
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