October 2011

Senior Field Representative
Nancy Tate

Administrative Appeals (Government Code Section 3304)

Government Code Section 3300 is the Public Safety Officers Procedural Bill of Rights Act. (POBAR) In Section 3304 of the POBAR it outlines when you are entitled to an administrative appeal. Below I have summarized what that section states.

POBAR provides that an officer who has completed probation must receive an opportunity for administrative appeal whenever there is a punitive action or denial of a promotion on grounds other than merit. Punitive action is any action that may lead to dismissal, demotion, suspension, reduction in salary, written reprimand, or transfers for purposes of punishment.

The U.S. Supreme Court has said that “for purposes of punishment” relates only to a transfer and not to other personnel actions such as a reduction in salary. White v. County of Sacramento (1982) 31 Cal.3d 676.

POBAR states that an administrative decision, that results in a salary reduction, such as a loss in skill pay, pay grade, rank or probationary rank, is punitive action and must be accompanied by an opportunity for an administrative appeal.

What this means is if you are in a position that pays you a specialty pay differential and you are removed or transferred from that assignment, you have the right to ask for an administrative appeal if you chose to have one. This does not guarantee that you will not be removed or transferred, it only gives you a chance to voice your issues with the removal or transfer. Once the department grants the appeal and you have your chance to talk to someone, they can still transfer you.

The specialty pay differential applies to deputies who receive a differential for special skill pay not for deputies who get a wage differential for other reasons, such as Resident Post Deputies.

A good way to remember who is entitled to an administrative appeal is, anytime there is a loss of pay, you are entitled to an administrative appeal. Remember this does not apply to loss of pay for performance issues.

Please contact your field representative if you have any questions.