Sustained finding definition
Sustained finding means a determination by an employing
Sustained finding means a final determination by an investigating agency, commission, board, hearing officer, or arbitrator following an investigation and opportunity for an administrative appeal pursuant to Government Code sections 3304 and 3304.5, or equivalent processes, that the actions of a peace officer were found to violate law or department policy.
Sustained finding means the subject agency employee’s actions were found, by a preponderance of the evidence, to have been in violation of the law enforcement agency’s policy, procedure, rule, regulation, or directive in question.1
More Definitions of Sustained finding
Sustained finding means a determination by an employing law enforcement unit that a law enforcement officer violated a law; regulation; directive, guideline, policy, or procedure issued by the Attorney General or County Prosecutor; agency protocol; standing operating procedure; rule; or training protocol.
Sustained finding means after the conclusion of an investigation, a law-enforcement officer’s violation of law,
Sustained finding means a final determination by an investigating agency, commission, board, hearing officer, or arbitrator, as applicable, following an investigation and opportunity for an administrative appeal, that the actions of the peace officer or custodial officer were found to violate law or department policy.
Sustained finding means a finding at the conclusion of an OPA investigation where the allegation of misconduct was proved to have occurred by a preponderance of the evidence.
Sustained finding means a final determination by the agency, hearing officer, or other applicable investigating agency, following an investigation and opportunity for an administrative appeal, that the actions of the officer violated law or department policy. See Penal Code § 832.8(b). As at least one trial court has held that once a sustained finding has been made, an agency must disclose the records even if the agency later decides to drop the sustained finding, or enters into a settlement agreement with the officer to drop the sustained finding. See Richmond Police Officers’ Association v. City of Richmond, Case No. MSN19-0169 (Contra Costa Sup. Ct. July 31, 2020). In other words, an agency cannot make an agreement with an officer that would hide a sustained finding from disclosure.