Firefighter Bill of Rights

MEASURE : A.B. No. 220
AUTHOR(S) : Bass (Principal coauthor: Solorio).
TOPIC : Firefighters.
+LAST AMENDED DATE : 07/02/2007

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TYPE OF BILL :
Inactive
Non-Urgency
Non-Appropriations
Majority Vote Required
State-Mandated Local Program
Fiscal
Non-Tax Levy

LAST HIST. ACT. DATE: 10/13/2007
LAST HIST. ACTION : Chaptered by Secretary of State - Chapter 591,
Statutes of 2007.

TITLE : An act to add Chapter 9.6 (commencing with Section 3250)
to Division 4 of Title 1 of the Government Code,
relating to firefighters.


Bill analysis:
Assembly floor, Sept. 12, 2007
Senate floor, Aug. 31, 2007
Senate committee, Aug. 30, 2007
Senate committee, Aug. 22, 2007
Senate committee, July 12, 2007
Assembly floor, June 5, 2007
Assembly committee, April 17, 2007
Assembly committee, March 28, 2007

Votes:
Assembly floor, Sept. 12, 2007
Senate floor, Sept. 11, 2007
Senate committee, Aug. 30, 2007
Senate committee, Aug. 20, 2007
Senate committee, July 10, 2007
Assembly floor, June 6, 2007
Assembly committee, May 31, 2007
Assembly committee, March 28, 2007


Bill history:

2007:

Oct. 13: Chaptered by Secretary of State - Chapter 591, Statutes of 2007.

Oct. 13: Approved by the Governor.

Sept. 27 Enrolled and to the Governor at 3:45 p.m.:

Sept. 12 Senate amendments concurred in. To enrollment. (Ayes 70. Noes 4.:

Sept. 11 In Assembly. Concurrence in Senate amendments pending.:

Sept. 11 Read third time, passed, and to Assembly. (Ayes 29. Noes 11. Page:

Aug. 31: From committee: Do pass. (Ayes 10. Noes 7.) . Read second time.

Aug. 20: In committee: Placed on Appropriations suspense file.

July 23: In committee: Hearing postponed by committee.

July 11: From committee: Do pass, and re-refer to Com. on APPR.

July 2: From committee chair, with author's amendments: Amend, and re-refer

June 21: Referred to Com. on JUD.

June 7: In Senate. Read first time. To Com. on RLS. for assignment.

June 6: Read third time, passed, and to Senate. (Ayes 74. Noes 0. Page

June 5: Read second time. To third reading.

June 4: From committee: Amend, and do pass as amended. (Ayes 12. Noes 5.

Apr. 18: In committee: Set, first hearing. Referred to APPR. suspense

Mar. 28: From committee: Do pass, and re-refer to Com. on APPR. Re-referred.

Feb. 13: Referred to Com. on P.E.,R. & S.S.

Jan. 30: From printer. May be heard in committee March 1.

Jan. 29: Read first time. To print.


Bill language:
BILL NUMBER: AB 220 INTRODUCED

BILL TEXT



INTRODUCED BY Assembly Member Bass

(Principal coauthor: Assembly Member Solorio)

JANUARY 29, 2007

An act to add Chapter 9.6 (commencing with Section 3250) to

Division 4 of Title 1 of the Government Code, relating to

firefighters.



LEGISLATIVE COUNSEL'S DIGEST


AB 220, as introduced, Bass. Firefighters.



The Public Safety Officers Procedural Bill of Rights Act



prescribes various rights of public safety officers, as defined, with



regard to representation, discrimination, discipline, and



interrogation, as specified.



This bill would enact the Firefighters Procedural Bill of Rights



Act to prescribe various rights of firefighters, defined as any



firefighter, including a firefighter who is a paramedic or emergency



medical technician, with specified exceptions. The bill would



prescribe rights related to, among others, political activity,



interrogation, punitive action, and administrative appeals.



By adding to the duties of local agencies to comply with that act,



this bill would impose a state-mandated local program.



The California Constitution requires the state to reimburse local



agencies and school districts for certain costs mandated by the



state. Statutory provisions establish procedures for making that



reimbursement.



This bill would provide that, if the Commission on State Mandates



determines that the bill contains costs mandated by the state,



reimbursement for those costs shall be made pursuant to these



statutory provisions.



Vote: majority. Appropriation: no. Fiscal committee: yes.



State-mandated local program: yes.



THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:



SECTION 1. The Legislature finds and declares all of the



following:



(a) Firefighters are often called upon to render aid in hostile



emergency situations rife with conflict and confrontation.



(b) In providing life saving services to the public, firefighters



are subject to numerous job safety procedures and protocols, which



sometimes are compromised or altered, in a highly charged atmosphere



of critical incident stressors.



(c) Firefighters who trust their instincts in these volatile



emergency situations are deserving of due process rights and



protections should those circumstances arise.



(d) Mutual aid and automatic aid agreements entered into between



fire agencies throughout the state require firefighters to respond to



emergencies across political boundaries, therefore, the rights and



protections provided to firefighters under this act constitute a



matter of statewide concern.



(e) The effective protection of property and the safety of the



public depends upon the maintenance of reasonable and consistent



procedural protections applicable to all employers with respect to



the disciplinary process.



(f) It is necessary that this act be applicable to all



firefighters, as defined in subdivision (a) of Section 3251 of the



Government Code, wherever situated within the State of California, in



order to ensure that stable employment relations are continued



throughout the state, and to further ensure that effective services



are provided to all people of the state.



SEC. 2. Chapter 9.6 (commencing with Section 3250) is added to



Division 4 of Title 1 of the Government Code, to read:



CHAPTER 9.6. FIREFIGHTERS











3250. This chapter shall be known, and may be cited, as the



Firefighters Procedural Bill of Rights Act.



3251. For purposes of this chapter, the following definitions



apply:



(a) "Firefighter" means any firefighter, including, but not



limited to, any firefighter who is a paramedic or emergency medical



technician, irrespective of rank. However, "firefighter" does not



include an inmate of a state or local correctional agency who



performs firefighting or related duties or persons who are subject to



Chapter 9.7 (commencing with Section 3300). This chapter does not



apply to any employee who has not successfully completed the



probationary period established by his or her employer as a condition



of employment.



(b) "Punitive action" means any action that may lead to dismissal,



demotion, suspension, reduction in salary, written reprimand, or



transfer for purposes of punishment.



3252. (a) Except as otherwise provided in Chapter 9.5 (commencing



with Section 3201), or whenever on duty or in uniform, no



firefighter shall be prohibited from engaging, or be coerced or



required to engage, in political activity.



(b) A firefighter shall not be prohibited from seeking election



to, or serving as a member of, the governing board of a school



district, or any local agency where the firefighter is not employed,



including, but not limited to, any city, county, city and county, or



special district, or political subdivision thereof.



3253. When any firefighter is under investigation and subjected



to interrogation by his or her commanding officer, or any other



member designated by the employing department or licensing or



certifying agency, that could lead to punitive action, the



interrogation shall be conducted under the following conditions:



(a) The interrogation shall be conducted at a reasonable hour, at



a time when the firefighter is on duty, unless an imminent threat to



the safety of the public requires otherwise. If the interrogation



does occur during off-duty time of the firefighter being



interrogated, the firefighter shall be compensated for any off-duty



time in accordance with the employer relations ordinance governing



overtime compensation. The firefighter's compensation shall not be



reduced as a result of any work missed while being interrogated.



(b) The firefighter under investigation shall be informed, prior



to the interrogation, of the rank, name, and command of the officer



or other person in charge of the interrogation, the interrogating



officer, and all other persons to be present during the



interrogation. All questions directed to the firefighter under



interrogation shall be asked by and through one interrogator.



(c) The firefighter under investigation shall be informed of the



nature of the investigation prior to any interrogation.



(d) The interrogating session shall be for a reasonable period



taking into consideration the gravity and complexity of the issue



being investigated. The person under interrogation shall be allowed



reasonable breaks to attend to his or her own personal physical



necessities.



(e) The firefighter under interrogation shall not be subjected to



offensive language or threatened with punitive action. A promise of



reward shall not be made as an inducement to answering any question.



The employer shall not cause the firefighter under interrogation to



be subjected to visits by the press or news media without his or her



express written consent free of duress, and the firefighter's



photograph, home address, telephone number, or other contact



information shall not be given to the press or news media without his



or her express written consent.



(f) A statement made during interrogation by a firefighter under



duress, coercion, or threat of punitive action shall not be



admissible in any subsequent judicial proceeding, subject to the



following qualifications:



(1) This subdivision shall not limit the use of statements



otherwise made by a firefighter when the employing department is



seeking civil service sanctions against any firefighter, including



disciplinary action brought under Section 19572.



(2) This subdivision shall not prevent the admissibility of



statements otherwise made by the firefighter under interrogation in



any civil action, including administrative actions, brought by that



firefighter, or that firefighter's exclusive representative, arising



out of a disciplinary action.



(g) The complete interrogation of a firefighter may be recorded.



If a recording is made of the interrogation, the firefighter shall



have access to the recording if any further proceedings are



contemplated or prior to any further interrogation at a subsequent



time. The firefighter shall be entitled to a transcribed copy of any



notes made by a stenographer or to any reports or complaints made by



investigators or other persons, except those portions that are



otherwise required by law to be kept confidential. Notes or reports



that are deemed to be confidential shall not be entered in the



firefighter's personnel file. The firefighter being interrogated



shall have the right to bring his or her own recording device and



record any and all aspects of the interrogation.



(h) If, prior to or during the interrogation of a firefighter, it



is contemplated that he or she may be charged with a criminal



offense, he or she shall be immediately informed of his or her



constitutional rights.



(i) Upon the filing of a formal written statement of charges, or



whenever an interrogation focuses on matters that may result in



punitive action against any firefighter, that firefighter, at his or



her request, shall have the right to be represented by a



representative of his or her choice who may be present at all times



during the interrogation. The representative shall not be a person



subject to the same investigation. The representative shall not be



required to disclose, or be subject to any punitive action for



refusing to disclose, any information received from the firefighter



under investigation.



This section shall not be construed to apply to counseling,



instruction, or informal verbal admonishment by, or other routine or



unplanned contact with, a supervisor or any other firefighter.



(j) A firefighter shall not be loaned or temporarily reassigned to



a location or duty assignment if a firefighter in his or her



department would not normally be sent to that location or would not



normally be given that duty assignment.



3254. (a) A firefighter shall not be subjected to punitive



action, or denied promotion, or be threatened with that treatment,



because of the lawful exercise of the rights granted under this



chapter, or the exercise of any rights under any existing



administrative grievance procedure.



(b) Punitive action or denial of promotion on grounds other than



merit shall not be undertaken by any employing department or



licensing or certifying agency against any firefighter without



providing the firefighter with an opportunity for administrative



appeal.



(c) A fire chief shall not be removed by a public agency or



appointing authority without providing that person with written



notice, the reason or reasons for removal, and an opportunity for



administrative appeal.



For purposes of this subdivision, the removal of a fire chief by a



public agency or appointing authority, for the purpose of



implementing the goals or policies, or both, of the public agency or



appointing authority, or for reasons including, but not limited to,



incompatibility of management styles or as a result of a change in



administration, shall be sufficient to constitute "reason or reasons."







Nothing in this subdivision shall be construed to create a



property interest, if one does not otherwise exist by rule or law, in



the position of that fire chief.



(d) Punitive action or denial of promotion on grounds other than



merit shall not be undertaken for any act, omission, or other



allegation of misconduct if the investigation of the allegation is



not completed within one year of discovery by the employing



department or licensing or certifying agency. This one-year



limitation period shall apply only if the discovery of the act,



omission, or other misconduct occurred on or after January 1, 2008.



If the employing department or licensing or certifying agency



determines that discipline may be taken, it shall complete its



investigation and notify the firefighter of its proposed disciplinary



action within that year. If the firefighter voluntarily waives the



one-year time period in writing, the time period shall be tolled for



the period of time specified in the written waiver.



(e) If a predisciplinary response or grievance procedure is



required or utilized, the time for that response or procedure shall



not be governed or limited by this chapter.



(f) If, after investigation and any predisciplinary response or



procedure, the employing department or licensing or certifying agency



decides to impose discipline, that agency shall notify the



firefighter in writing of its decision to impose discipline within 30



days of its decision, but not less than 48 hours prior to imposing



the discipline.



3254.5. An administrative appeal instituted by a firefighter



under this chapter shall be conducted in conformance with rules and



procedures adopted by the employing department or licensing or



certifying agency that are in accordance with Chapter 5 (commencing



with Section 11500) of Part 1 of Division 3 of Title 2.



3255. A firefighter shall not have any comment adverse to his or



her interest entered in his or her personnel file, or any other file



used for any personnel purposes by his or her employer, without the



firefighter having first read and signed the instrument containing



the adverse comment indicating he or she is aware of the comment.



However, the entry may be made if after reading the instrument the



firefighter refuses to sign it. That fact shall be noted on that



document, and signed or initialed by the firefighter.



3256. A firefighter shall have 30 days within which to file a



written response to any adverse comment entered in his or her



personnel file. The written response shall be attached to, and shall



accompany, the adverse comment.



3257. (a) A firefighter shall not be compelled to submit to a lie



detector test against his or her will.



(1) Disciplinary action or other recrimination shall not be taken



against a firefighter refusing to submit to a lie detector test.



(2) No comment shall be entered anywhere in the investigator's



notes or anywhere else that the firefighter refused to take, or did



not take, a lie detector test.



(3) Testimony or evidence to the effect that the firefighter



refused to take, or was subjected to, a lie detector test shall not



be admissible at a subsequent hearing, trial, or proceeding, judicial



or administrative.



(b) For the purpose of this section, "lie detector" means a



polygraph, deceptograph, voice stress analyzer, psychological stress



evaluator, or any other similar device, whether mechanical or



electrical, that is used, or the results of which are used, for the



purpose of rendering a diagnostic opinion regarding the honesty or



dishonesty of an individual.



3258. A firefighter shall not be required or requested for



purposes of job assignment or other personnel action to disclose any



item of his or her property, income, assets, source of income, debts,



or personal or domestic expenditures, including those of any member



of his or her family or household, unless that information is



otherwise required to be furnished under state law or obtained



pursuant to court order.



3259. A firefighter shall not have his or her locker or other



space for storage that may be assigned to him or her searched except



in his or her presence, or with his or her consent, or unless a valid



search warrant has been obtained. This section shall apply only to



lockers or other space for storage that are owned or leased by the



employing department or licensing or certifying agency.



3260. (a) It shall be unlawful for any employing department or



licensing or certifying agency to deny or refuse to any firefighter



the rights and protections guaranteed by this chapter.



(b) The superior court shall have initial jurisdiction over any



proceeding brought by any firefighter against any employing



department or licensing or certifying agency for alleged violations



of this chapter.



(c) If the superior court finds that the employing department or



licensing or certifying agency has violated any of the provisions of



this chapter, the court shall render appropriate injunctive or other



extraordinary relief to remedy the violation and to prevent future



violations of a like or similar nature, including, but not limited



to, the granting of a temporary restraining order or preliminary or



permanent injunction prohibiting the employing department or



licensing or certifying agency from taking any punitive action



against the firefighter.



3261. Nothing in this chapter shall in any way be construed to



limit the ability of any employing department, licensing or



certifying agency, or any firefighter to fulfill mutual aid



agreements with other jurisdictions or agencies, and this chapter



shall not be construed in any way to limit any jurisdictional or



interagency cooperation under any circumstances where that activity



is deemed necessary or desirable by the jurisdictions or agencies



involved.



SEC. 3. If the Commission on State Mandates determines that this



act contains costs mandated by the state, reimbursement to local



agencies and school districts for those costs shall be made pursuant



to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of



the Government Code.