Bacilio
Bacilio v. City of L. A.
Opinion
Lead Opinion
Hoffstadt, J.
*719 The Public Safety Officers Procedural Bill of Rights Act (POBRA), Government Code section 3300 et seq., 1 requires public agencies investigating misconduct by a public safety officer to complete their investigation and notify the officer of any proposed discipline within one year of discovering the misconduct. (§ 3304, subd. (d)(1).) If the possible misconduct "is also the subject of a criminal investigation or criminal prosecution," the one-year period is tolled while the "criminal investigation or criminal prosecution is pending." (§ 3304, subd. (d)(2)(A).) This appeal presents the question: When is a criminal investigation no longer "pending"? In other words, when does this tolling period end for a criminal investigation? We hold that a criminal investigation is no longer pending-and section 3304, subdivision (d)(2)(A)'s tolling period ends-when a final determination is made not to prosecute all of the public safety officers implicated in the misconduct at issue. Applying this definition, we conclude that the tolling period did not end until the Los Angeles County District Attorney officially rejected prosecution of all three officers investigated in this case.…