On April 26, David E. Mastagni testified in front of the Senate Public Safety Committee in opposition of S.B. 1088. The Bill is modeled after recommendations to weaken peace officer due process rights issued by Ronald Yank and Barry Winograd, David’s Labor Law professor at U.C. Berkeley School of Law. In essence, SB 1088 would create a balancing testing which would deny officers a remedy for POBR violations if the seriousness of the allegations outweighs the significance of the POBR violation. David pointed out that most POBR remedies are simply to exclude improperly obtained evidence or provide officers access to improperly withheld materials. Ironically, the Bill would incentivize IA investigators to cut corners and violate procedural rights by eliminating agency accountability.
SB 1088 Background
SB 1088 was introduced by Senator Bradford and is an act to add Section 3309.6 to the Government Code which relates to public employment and law enforcement labor relations. The bill provides: