California Police Chief- Fall 2013 CPCA_2019_Spring Magazine- FINAL | Page 9

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If the investigation involves an employee who is
incapacitated or otherwise unavailable.
If the investigation involves a matter in civil litigation
in which the police employee is named as a party
defendant, the one-year time period shall be tolled
while the civil action is pending.
If the investigation involves a matter in criminal
litigation in which the complainant is a criminal
defendant, the one-year time period shall be tolled
during the period of that defendant’s criminal
investigation and prosecution.
If the investigation involves an allegation of workers’
compensation fraud on the part of the police employee.
Despite the one-year limitations period and the tolling
provisions set forth above, Section 3508.1 provides an
agency with the ability to reopen investigations in certain
circumstances. In provisions nearly identical to POBRA’s
Section 3304, subdivision (g), an agency may reopen an
investigation if the agency has discovered “significant
new evidence” that is “likely to affect” the outcome of
the investigation. In addition, the agency would have to
show that the “significant new evidence” previously was
unavailable due to one of two circumstances. Specifically,
an agency would have to demonstrate that the evidence
could not reasonably have been discovered in the normal
course of investigation without resorting to extraordinary
measures. In the alternative, an agency would have to
establish that the new evidence resulted from the police
employee’s pre-disciplinary response or procedure. If an
agency can satisfy these conditions, the agency can reopen
an investigation regarding a civilian employee despite the
one-year limitations period.
Section 3508.1 also provides for certain other provisions
governing the investigation of misconduct and imposition
of discipline with respect to civilian police department
employees. As with any employment matter, prudence
dictates that an agency seek appropriate legal advice prior
to proceeding. ■
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SPRING 2019 | California Police Chief
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