What is the effect of section 3309.5 of the Government Code on a civil action brought by a police officer who alleges that a public safety department has denied or refused to comply with POBRA regulations?

Section 3309.5 was "specifically designed to allow an officer to pursue a remedy immediately in the courts for violation of [the rights set forth in POBRA] during the investigation and not be required to wait for judicial review after administrative consideration of those violations." ( Mounger v. Gates (1987) 193 Cal.App.3d 1248, 1256, 239 Cal.Rptr. 18 ( Mounger ).) Thus, section 3309.5 provides that "[t]he superior court shall have initial jurisdiction over any proceeding brought by any public safety officer against any public safety department for alleged violations of this chapter [POBRA]." ( 3309.5, subd. (c).) A violation of "this chapter" (chapter 9.7 of division 4 of title 1 of the Government Code, spanning 3300 3313 ) occurs when "any public safety department [denies or refuses] to any public safety officer the rights and protections guaranteed to him or her by this chapter." ( 3309.5, subd. (a).) "[T]he import of initial in section 3309.5 is to remove the defense of failure to exhaust administrative remedies

[234 Cal.Rptr.3d 789]