I have recently started mediating and arbitrating more law enforcement discipline cases. Bacillo v. City of LA addresses a key procedural question in such cases. The question is when is a criminal investigation no longer “pending” for purposes of evaluating when the tolling period described in the statute ends. The court held in this case that the tolling period ends when a final determination is made not to prosecute ALL the public safety officers implicated in the alleged misconduct at issue.
In this matter, there was three officers involved in an incident so even though the discipline administered to the officer in question was administered more than one year after an informal decision had been made not to file criminal charges against him, the court found the discipline timely because it was administered within one year after the decision had been made not to prosecute either of the other officers.
Notably, the incident in question occurred in 2011.