COURT OF APPEALS FINDS PROPOSED DISCIPLINE BARRED BY POBR STATUTE OF LIMITATIONS

The Second District Court of Appeals held an attempt by the City of Los Angeles police chief to modify a proposed disciplinary action to impose a greater penalty on the officer was barred by the statute of limitations in the Public Safety Officers Procedural Bill of Rights (POBR). (Sanchez v. City of Los Angeles (2006) 2006 WL 1452672.)

On September 8, 1998, the Los Angeles Police Department discovered facts alleged to constitute misconduct by Officer Ronald Sanchez. Almost a year later, on August 25, 1999, the department notified Officer Sanchez of the proposed disciplinary action, which consisted solely of a 20-day suspension.

On September 8, 1999, exactly one year from the date of discovery, the Chief rejected the proposed discipline and issued a personnel complaint on the same six charges. The department did not serve Officer Sanchez with a revised notice of proposed discipline, however, until October 27, 1999, outside the one-year statute of limitations imposed by the POBR. The new notice proposed reducing Sanchez in paygrade and transferring him to another assignment.

Government Code section 3304(d) imposes a one-year statute of limitations on disciplinary actions against peace officers by requiring a public safety department to propose discipline within one year of learning of an allegation of misconduct. Any notice of proposed discipline not served within the year cannot be used as a basis for punitive action.

The Court of Appeals held the pay grade reduction served on Sanchez on October 27, 1999 was untimely and therefore barred. Accordingly, the court found that Officer Sanchez was entitled to reinstatement to his original rank as a matter of law.