Internal Affairs Investigations
If you are a peace officer, firefighter, paramedic, or emergency medical technician (EMT), you are entitled to due process protections on the job should you become the subject of to an internal affairs investigation for alleged misconduct. For law enforcement personnel, this has been required by law since the mid-seventies. For firefighters, paramedics and EMTs, this became law on January 1, 2008.
The Public Safety Officers Procedural Bill of Right Act or "POBR" (found in the California Government Code commencing at section 3300) provides the rights, obligations and remedies for peace police officers facing an investigation that could lead to adverse action. The Firefighters’ Bill of Rights, or “FBR” (found in the California Government Code commencing at section 3250) is likewise applied to fire fighters, paramedics or EMTs. FBR provides similar protections for these public safety employees when investigated for allegations of misconduct while acting in their official capacity (meaning that investigations into allegations of misconduct for non-official capacity conduct such as horse-play, spousal abuse, driving under the influence etc. are not covered by the Act).
In our view, an investigation has some chance of leading to adverse action, unless the person is purely a witness. When POBR and FBR apply, public employees are provided with specific protections regarding the internal affairs investigation. Most importantly, an employee facing an internal affairs investigation has the right to be represented by an attorney of their choice who may be present at all times during the investigation.
We strongly believe public safety employees covered by these two Acts need thorough representation throughout the internal affairs process. Our firm has defended thousands of public safety employees and provides training on internal affairs investigations through our own seminars as well as through PORAC. For individualized training, please contact us. We will be happy to train your individual Association and tailor a program for your agency.
