COVID-19: California Deadline Extension for Investigations of Public Safety Officers and Service of Adverse Action on State Employees
The upheaval caused by COVID-19 continues to impact workplace investigations. Personally, many are suffering from illness, isolation and loss of income. Professionally, agencies are struggling to respond to COVID-19 while adhering to statutory deadlines and mandates.
Federal and state laws and guidance requiring timely, thorough and neutral investigations remain. Often ahead of the curve, however, California is taking steps to ease some of the burden placed on investigations involving government agencies and businesses during this unprecedented time.
On March 30, 2020, California Governor Gavin Newsom issued Executive Order N-40-20, which extended many statutory deadlines impacting government agencies and businesses, including the deadline for investigations of public safety officers, and the deadline for serving a notice of adverse action on state employees in the civil service. Governor Newsom’s order noted that the COVID-19 pandemic and “necessary physical distancing measures” have affected governmental agencies, private businesses and California residents. It further stated these events have had “associated impacts on adherence to certain statutory deadlines.” For that reason, he has ordered extensions for many statutory deadlines, including:
Investigations of Public Safety Officers. The Public Safety Officers’ Procedural Bill of Rights Act requires investigations of alleged misconduct by public safety officers to be completed within one year of the agency’s discovery of the alleged misconduct. Governor Newsom’s order now extends this statutory deadline by 60 days. Specifically, his order states, in relevant part: “The deadline specified in Government Code section 3304(d) for opening and completing investigations of alleged misconduct by public safety officers is extended by 60 days.”
Notices of Adverse Action Against State Employees. Government Code section 19635 requires a notice of adverse action against state employees to be served within three years of the alleged misconduct. Adverse action based on fraud, embezzlement or the falsification of records must be served within three years after the discovery of the fraud, embezzlement or falsification. Governor Newsom’s order now extends this deadline by 60 days. His order states, in relevant part: “The deadline for serving a notice of adverse action specified in Government Code section 19635 is extended by 60 days.”
Investigators can and should continue to conduct their investigations in a timely manner, if possible. However, as public agencies are faced with mounting challenges responding to COVID-19, Governor Newsom’s Executive Order likely offers some welcome relief. Everyone’s goal is to stay healthy and flatten the curve. These changes should assist agencies in managing their responsibilities during this time.
Erich Knorr is a Senior Associate Attorney with Van Dermyden Maddux Law Corporation. He conducts workplace investigations, involving discrimination, harassment, retaliation, performance issues, and misconduct. Erich specializes in investigations involving the Public Safety Officers Procedural Bill of Rights Act and the Firefighters Procedural Bill of Rights Act. Erich has experience with investigations involving high ranking employees.
The foregoing is for informational purposes only and is not legal advice, nor should be construed as such.
