Calif. High Court Takes On Public Safety Employee Reviews
Law360, New York (March 21, 2014, 1:27 PM EDT) -- On Nov. 4, 2013, the California Court of Appeal, Fourth Appellate District ruled in the case of Poole v. Orange County Fire Authority, 221 Cal.App.4th 155, that adverse comments placed in a fire captain's informal "daily logs" used to detail positive and negative performance of subordinate firefighters were subject to the requirements of Government Code Sections 3255 and 3256 of the Firefighters' Procedural Bill of Rights Act. On Feb. 26, 2014 the California Supreme Court agreed to review the appeals court decision in Poole. Given the nearly identical language in the Public Safety Officers Bill of Rights Act ("POBR") as in the Firefighters' Procedural Bill of Rights Act ("FBOR"), the state Supreme Court's ruling will impact both law enforcement agencies as well as fire protection departments....
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