When we represent officers in discipline cases, it is important to obtain all relevant information available to provide the best possible defense. In the past, it has been difficult at times to obtain such things as investigator notes, recommendations of management staff that disagree with the final decision maker, copies of reports that are favorable to the officer, or other information that the command does not consider important. Some command officers take the position that the only information that must be provided to an officer being disciplined are the documents reviewed by the station Captain. A new law took effect January 1, 1999 that changes the way discipline cases must be handled.
Penal Code Section 135.5 makes it a misdemeanor for police agencies to conceal, alter, tamper with, conceal or destroy any relevant evidence in discipline cases involving public safety officers. P.C. Section 135.5 states "Any person who knowingly alters, tampers with, conceals, or destroys relevant evidence in any disciplinary proceeding against a public safety officer, for the purpose of harming that public safety officer, is guilty of a misdemeanor". As a result of this change in law, we automatically demand all relevant evidence to be provided to us prior to any disciplinary procedures going forward. The definition of "relevant" is quite broad and will include information that was not previously provided.
For example: In the handling of a serious discipline case, we discovered more than 40 interviews relevant to the case that were not provided by the command officer. Additionally, we were provided copies of videotapes that had been edited to remove all audio. We eventually obtained copies of the original videotapes - with audio included - which proved useful in representing the officer.
We now have a form letter that is sent to the Chief demanding this information. Employee representatives should contact our office when representing POA members so that the letter can be sent requesting all relevant material. The type of information that is sometimes available, but not provided to us, has resulted in reversing serious discipline cases in the past years. The law change should make us more effective in representing officers.