Public Safety Officers & Firefighters
Reports of workplace misconduct can be especially troublesome in public safety and fire service work environments where colleagues are routinely put in life-and-death situations.
Allegations of racism, sexual harassment, bullying, and other workplace misconduct in law enforcement and firefighting departments can cause tension that affects performance. Therefore, employers should address these allegations as soon as possible to minimize any negative impact on critical work functions.
Investigations involving public safety and fire services employees require specialized knowledge and expertise. At Van Dermyden Makus, we have significant experience conducting investigations for public safety and fire departments. We are well-versed in the statutory protections that apply to peace officers and firefighters subject to investigation. As such, we will expertly investigate allegations arising in the public safety context.
Public Safety Officers Procedural Bill of Rights Act – POBR
In 1976, California became the first state to enact legislation specifically protecting the rights of sworn peace officers. This legislation, called the Public Safety Officers Procedural Bill of Rights Act (POBR), is a law that specifies basic procedural rights and protections which must be afforded to all public safety officers by the agencies that employ them when they are subjected to investigation or discipline.
Firefighters Bill of Rights Act – FBOR
In 2007, California adopted the Firefighters Bill of Rights Act (FBOR), which is modeled after POBR and provides most of the same protections.
Both acts recognize the unique role of first responders and provide protections that impact how and under what circumstances protected employees may be subject to investigation. We are well versed in these laws and in the developing nuances of judicial decisions impacting how these laws are applied.