Los Angeles Police Protective League v. City of Los Angeles

Good Law
1995 Cal. App. LEXIS 563·35 Cal. App. 4th 1535·42 Cal. Rptr. 2d 23·95 Daily Journal DAR 8164·10 I.E.R. Cas. (BNA) 1192
Court of Appeal of CaliforniaJune 21, 1995B077854California2,860 words

Opinion

Opinion

Boren, J.

State law protects public safety officers from being compelled to submit to polygraph examinations against their will. (Gov. Code. § 3307.) We conclude that a city police department may require a polygraph examination for officers who voluntarily seek to be promoted or transferred into a few specialized divisions where the work is unusually sensitive and requires the highest level of integrity. Under these circumstances, the polygraph requirement offends neither statutory law nor constitutional privacy rights.

Facts

In January of 1992, the Los Angeles Police Protective League (the League) filed a complaint seeking declaratory and injunctive relief on behalf of its members. The League alleges that the City of Los Angeles (the City) is compelling police department employees to submit to polygraph examinations as a condition of obtaining transfer opportunities that offer higher pay. Asserting that the polygraph requirement violates state constitutional and statutory provisions, the League seeks a declaration that the City’s polygraph procedures are illegal, and an order enjoining any further use of the polygraph.

The polygraph tests are administered as part of the…

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