California · Government Code

GOV §3305.6: (a) A punitive action or denial of promotion on grounds other than merit shall not be undertaken by any public agency against any public safety officer because of a court finding made in a challenge b

Civil

What this law says, in plain English

This statute restricts public agencies from punishing or denying promotion to public safety officers solely based on court findings in certain Penal Code Section 745 challenges, while preserving agencies' ability to act on underlying conduct through proper procedures.

Read the full statutory text

(a) A punitive action or denial of promotion on grounds other than merit shall not be undertaken by any public agency against any public safety officer because of a court finding made in a challenge brought pursuant to Section 745 of the Penal Code. (b) This section does not prohibit a public agency from taking punitive action, denying promotion on grounds other than merit, or taking other personnel action against a public safety officer based on the underlying acts or omissions which formed the basis of the action brought pursuant to Section 745 of the Penal Code, if the actions taken by the public agency otherwise conform to all the rules and procedures applicable to those proceedings, and the officer is accorded all due process protections provided in those proceedings. (c) Evidence of a court finding of a violation of Section 745 of the Penal Code shall not be introduced for any purpose in any administrative appeal of a punitive action. (d) This section does not grant immunity for civil or criminal liability for the underlying acts or omissions which formed the basis of the action brought under Section 745 of the Penal Code.

Verify at the official source: California legislative text

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