Richardson v. City and County of San Francisco

Government Code Sec. 3304(d)(2)(A), a provision of the Public Safety Officer’s Procedural Bill of Rights Act tolling the limitations period for the bringing of disciplinary action when the officer is under criminal investigation, does not require that any such investigation be "active and actual," so tolling continued between date investigating agency advised prosecutors of its findings and date of decision not to prosecute. Exclusionary rule does not apply to police disciplinary proceedings under the Bill of Rights Act. Officer was properly terminated for "un-officerlike conduct," including lack of cooperation with police search of her home, regardless of the legality of the search. City attorney’s office, which served as legal adviser to the police commission that terminated officer’s employment and as defense counsel in officer’s suit against city, did not have a disqualifying conflict of interest where substantial evidence, set forth in declaration by the commission legal adviser, established that the legal adviser had no contact regarding officer with the attorneys defending the lawsuit.

 Richardson v. City and County of San Francisco (City and County of San Francisco) - filed February 13, 2013, publication ordered March 15, 2013, First District, Div. Two
     Cite as A133300

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