SDPOA

San Diego Police Officers Ass'n v. City of San Diego

Good Law
120 Cal. Rptr. 2d 609·2002 Cal. App. LEXIS 4145·2002 Daily Journal DAR 5775·98 Cal. App. 4th 779·2 Cal. Daily Op. Serv. 4508
Court of Appeal of CaliforniaMay 23, 2002D037812California2,889 words

Opinion

Opinion

McDONALD, J.

The Public Safety Officers Procedural Bill of Rights Act (Gov. Code, § 3300 et seq., hereafter the Act) provides a public safety officer with numerous protections when the officer is under disciplinary investigation and is interrogated in response to a complaint lodged against the officer. Among other protections, section 3303, subdivision (g) provides the officer the right to receive copies of “any reports or complaints made by investigators or other persons, except those [that] are deemed by the investigating agency to be confidential.” In this action, respondent San Diego Police Officers Association (SDPOA) sought a writ of mandate to compel appellant the City of San Diego and the San Diego Police Department (together City) to provide the officer under investigation and interrogation with any tape-recorded interviews of witnesses and any rough notes taken by investigators. The court granted SDPOA’s requested relief, and this appeal followed.

I

Factual and Procedural Background

The relevant facts are undisputed. When an officer employed by the San Diego Police Department (SDPD) is accused of misconduct, SDPD detectives investigate the accusations and, after…

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