BILL ANALYSIS
AB 220
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Date of Hearing: March 28, 2006
ASSEMBLY COMMITTEE ON PUBLIC EMPLOYEES, RETIREMENT AND SOCIAL
SECURITY
Ed Hernandez, O.D., Chair
AB 220 (Bass) - As Introduced: January 29, 2007
SUBJECT : Firefighters.
SUMMARY : Enacts the Firefighters Procedural Bill of Rights Act
(FPBRA) establishing various rights of firefighters, paramedics
and emergency medical technicians, as specified, with regard to
political activity, interrogation, punitive action, and
administrative appeals. Specifically, this bill :
1)Enacts the FPBRA and defines "firefighter" to mean any
firefighter, including a firefighter who is a paramedic or
emergency medical technician. Specifies that "firefighter"
does not include an inmate of a correctional agency that
performs firefighting duties or employees that have not
completed required probationary periods.
2)Specifies that a firefighter will not be prohibited from
engaging in or be required to engage in political activity or
be prohibited from service as a board member of a school
district or local agency where the firefighter is not
employed.
3)Specifies the conditions under which investigations and
interrogations that may lead to punitive action of
firefighters must be conducted.
4)Specifies that a firefighter will not be subject to punitive
action for exercising his or her rights under the FPBRA or for
any alleged misconduct if the investigation of the allegation
is not completed within one year of discovery.
5)Specifies that a fire chief, prior to removal, must be
provided with written notice stating the reasons for removal
and an opportunity for administrative appeal.
6)Specifies that an administrative appeal by a firefighter will
be conducted in conformance with rules and procedures adopted
by the local agency consistent with the Administrative
Procedures Act.
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7) Specifies that a firefighter be allowed to read and sign any
adverse comment before it is entered into the firefighter's
personnel file. If the firefighter refuses to sign a comment,
it will be noted and the firefighter will be required to
initial it. The firefighter will also have 30 days to file a
written response to the adverse comment entered into his or
her personnel file.
8)Specifies that a firefighter cannot be compelled to submit to
a lie detector test against their will and that no
disciplinary action can be taken against the firefighter for
refusing to submit to one.
9)Specifies that a firefighter cannot be required to disclose
financial information unless otherwise required by law or
court order.
10)Specifies that a firefighters locker or other storage space
cannot be searched except in the firefighters presence, or
with the firefighter's consent, or if a valid search warrant
has been obtained.
11)Makes it unlawful to deny a firefighter the rights and
protections afforded by the FPBRA.
EXISTING LAW contains the Public Safety Officers Procedural Bill
of Rights (POBOR) Act prescribing various rights of public
safety officers, as defined, with regard to representation,
discrimination, discipline, and interrogation, as specified.
Firefighting personnel, with the exception of a fire
department's arson-investigating unit, are not covered by POBOR.
FISCAL EFFECT : Unknown
COMMENTS : The California Supreme Court has determined that
public employees have certain due process protections on the
job. In a landmark case, Skelly v. State Personnel Board (1975)
15 Cal.3d 194, the Court ruled that public employees are
entitled to a "pre-disciplinary hearing." This means that an
employee must be given a written notice of proposed disciplinary
action. The notice must include a statement of the nature of the
proposed discipline, the effective date of the proposed
discipline, the reasons for the discipline, the specific policy
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or rule violated, and a statement advising the employee of the
right to respond orally or in writing.
According to the sponsor, the California Professional
Firefighters, "When providing life saving services to the
public, firefighters execute numerous job safety procedures and
protocols, which have the potential of being compromised or
altered in a highly charged atmosphere of critical incident
stressors. As a result, firefighters are subjected to
investigation and interrogation that could ultimately lead to
unwarranted punitive actions such as transfers, demotions, or
suspensions, without being extended appropriate due process
safeguards."
Supporters conclude, "Not only are firefighters required to have
an expertise in the area of fire and emergency protection and
prevention, but they also must trust their instincts in volatile
emergency situations. Overall, they deserve the same protection
level and due process rights as their peace officer colleagues
when administrative actions are taken against them."
Opponents state, "This bill is both unnecessary and burdensome.
Firefighters are not the subject of investigations and
interrogations to the same extent as peace officers. County
employees, including firefighter employees, already have
substantial procedural and due process rights. In addition to
property interest due process rights and civil service or merit
protections, firefighter employees have collective bargaining
rights including due process procedures."
Opponents conclude, "This bill would impose substantial unfunded
and reimbursable state mandate costs on local government. The
Commission on State Mandates is in the process of promulgating
local agency parameters and guidelines for the substantial costs
associated with POBOR protections. These same costs would
result unnecessarily from AB 220."
This bill is similar to AB 1411 (Longville) of 2000 that died in
the Senate Appropriations Committee. Additionally, AB 2857
(Bass) of 2006 would have expanded categories of firefighters
with peace officer status, thus extending POBOR protections to
these firefighters. AB 2857 died in the Assembly Appropriations
Committee.
REGISTERED SUPPORT / OPPOSITION :
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Support
California Professional Firefighters (Sponsor)
American Federation of State, County and Municipal Employees
California Labor Federation
United Firefighters of Los Angeles City
Opposition
California State Association of Counties
Emergency Medical Services Administrators Association of
California
Analysis Prepared by : Karon Green / P.E., R. & S.S. / (916)
319-3957