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

5 6 7 8 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. ■ Trusted Legal Advisors to California Police Chiefs Since 1980 POBR | Wage & Hour | Litigation | IA Investigations | First Amendment | Retirement www.lcwlegal.com SPRING 2019 | California Police Chief 9