Shasta Deputy has Discipline Revoked on Pobr Violation

On February 6, 1997, Shasta County Deputy Steve Courtney requested time off work to attend a previously scheduled medical appointment. While seemingly a routine matter, Courtney’s sergeant began to inquire into the nature of Courtney’s medical problems.

As the questioning became more persistent, Courtney became concerned that his sergeant was inquiring into areas that were protected by his privacy rights. As the questioning continued, the sergeant threatened Courtney with disciplinary action if he did not divulge the information the sergeant was requesting.

At this point, Courtney requested to have a representative, pursuant to his rights under the Peace Officers’ Procedural Bill of Rights (POBR). The sergeant refused to allow Courtney an opportunity to contact his representative.

The interview continued and ultimately Courtney had to divulge some information related to his medical appointment.

As a result of this interview with his sergeant, Courtney received a letter of reprimand that alleged he committed acts of untruthfulness, insubordination, and poor judgment.

Courtney and his representative, Steve Allen, asked for an Internal Affairs investigation over the alleged acts. The department did so and their investigation sustained only the insubordination claim and a new letter of reprimand claiming such.

At this point, the Legal Defense Fund trustees, using the affirmative relief provision of the plan, authorized legal action by Paul Q. Goyette, of Goyette & Adams. He immediately demanded that the Shasta County Sheriff’s Department withdraw the letter of reprimand.

Courtney’s sergeant’s conduct was a clear violation of Government Code Section 3303(l). Section 3303(l) states in part that whenever a public safety officer is under investigation and subjected to an interrogation and that interrogation focuses on matters that are likely to result in punitive action, the officer is entitled to a representative of his choice to be present upon his request.

In Courtney’s case, his sergeant repeatedly stated that he was facing potentially significant disciplinary action. Courtney repeatedly requested to have a representative present during the course of the interrogation.

After Goyette threatened to file a lawsuit, the department withdrew the letter of reprimand and issued a so-called .non-disciplinary counseling statement. Goyette stated that “Deputy Courtney’s case is a good example of how a department’s respect for an officer’s rights under POBR can steadily erode unless those rights are consistently and vigorously enforced.

“Courtney was placed in a very hostile situation with his immediate supervisor. In the midst of that, Courtney had the wherewithal to request a representative to assist him.

“Unfortunately for Courtney, that basic right was denied him. Fortunately, we were able to undo the disciplinary action the department brought against Courtney.”