Public Officers and EmployeesFirefighters
Section § 3250
This law is called the Firefighters Procedural Bill of Rights Act. It sets rules and protections specifically for firefighters regarding their employment rights and procedures.
Section § 3251
This section defines terms related to firefighters in the context of a specific chapter. A 'firefighter' includes anyone employed as a firefighter by a public agency, which can be a paramedic or EMT, and also includes temporary or seasonal firefighters in the Department of Forestry and Fire Protection. However, it excludes inmates performing firefighting duties and employees still on probation, except for those in their second consecutive fire season with the Department of Forestry and Fire Protection.
'Public agency' is defined elsewhere in a different section, and 'punitive action' covers any disciplinary measures that might impact a firefighter's job status or salary.
Section § 3252
This law states that firefighters, unless a specific exception applies or they are on duty or in uniform, are allowed to participate in political activities. They can't be forced into political activity either.
Additionally, firefighters can run for and hold a position on the governing board of a school district or any local agency as long as it's not their employer, such as cities, counties, or other political subdivisions.
Section § 3253
This law establishes the rules for interrogating firefighters when they are under investigation, and it can lead to disciplinary action. Interrogations should generally be during working hours unless there's an urgent public safety threat. Firefighters must be told who will conduct the interrogation, the nature of the investigation, and have no more than two interrogators at a time. The session should be reasonable in length, with breaks allowed.
Firefighters cannot be threatened or promised rewards to induce answers. They must be given written immunity from criminal charges before being required to answer potentially incriminating questions. Firefighters' personal information cannot be shared with the media without consent.
Statements made under duress are not usable in court, though they might be used in other employment-related proceedings. Firefighters can record their interrogations and access recordings and documents related to it. If criminal charges could arise, they must be informed of their rights. Firefighters have the right to representation during interrogations, and their representatives won't have to disclose information from noncriminal matters. The law doesn't apply to informal interactions like regular counseling or instruction.
Finally, firefighters should not be temporarily reassigned to duties not usually assigned to someone in their position.
Section § 3254
This section protects firefighters from unfair treatment at work, especially concerning punitive actions like demotion or denial of promotion, if they're exercising their rights under this chapter or any grievance process. Employers can't take punitive action for non-merit reasons without giving an opportunity for an administrative appeal.
Fire chiefs can't be removed without written notice and a chance for appeal, though reasons such as management style incompatibility are valid for removal.
Disciplinary actions must be initiated within one year from when a misconduct is discovered, except in cases like criminal investigations, employee incapacity, or civil litigation.
After deciding on discipline, the department must notify the firefighter in writing within 30 days, but at least 48 hours before imposing the discipline.
An investigation can be reopened if significant new evidence emerges that couldn’t have been found without extraordinary measures or arises from the firefighter’s disciplinary response.
Section § 3254.5
This law explains how administrative appeals by firefighters should be handled. Appeals must follow the rules set by the firefighter's department or agency, compliant with a specific chapter of the government code. If the department has an agreement allowing for binding arbitration, the arbitrator will act as the hearing officer, and their decision is final. However, any appeals involving a certification or licensing agency must follow the original rules, regardless of any other agreements.
Section § 3254.6
This section explains that temporary firefighters in California's Department of Forestry and Fire Protection can't be fired without the chance to appeal through the State Personnel Board. If they appeal, a formal hearing will take place similar to other state employee proceedings. The firefighter must prove that their firing wasn't justified or was done in bad faith.
If the board agrees with the firefighter, they’ll get a decision saying the firing was wrongful, and they’ll be re-employed within seven days, provided the fire season isn't over. If the fire season has ended, they can return the next season if they qualify and positions are available. However, they won't receive back pay.
This law doesn't promise a permanent job or any property interest in ongoing temporary assignments.
Section § 3255
This law states that if there's a negative comment about a firefighter that will be added to their personnel file, the firefighter must first be allowed to read and sign it. The signature simply shows they are aware of the comment, not that they agree with it. If the firefighter refuses to sign the comment after reading it, this refusal must be recorded, and the firefighter should sign or initial that record.
Section § 3256
If a negative remark is added to a firefighter's personnel file, they have 30 days to submit a written reply, which will be linked to the comment.
Section § 3256.5
This law ensures that firefighters have the right to inspect their personnel files at reasonable times without losing pay. Employers must provide access to these files, which include information used to assess the firefighter's employment qualifications and decisions, like promotion or disciplinary actions.
If a firefighter finds incorrect or unlawful information in their file, they can request in writing for corrections or deletions. This request must include reasons and becomes part of the file. Employers have 30 days to respond to these requests, and if they deny them, they must explain why in writing, adding this explanation to the personnel file.
Section § 3257
This law states that firefighters in California cannot be forced to take a lie detector test if they don't want to. If they refuse, they won't face any disciplinary actions or negative comments in their records. Additionally, any evidence or testimony about a firefighter refusing or taking a lie detector test can't be used in future legal or administrative proceedings. The term 'lie detector' here includes various devices like polygraphs and voice stress analyzers used to assess truthfulness.
Section § 3258
This law ensures that firefighters do not have to share details about their personal finances or assets, like property, income, debts, or family expenses, when it comes to job assignments or other personnel decisions. However, if a state law requires this information or a court demands it, they must comply.
Section § 3259
This law protects a firefighter's lockers or storage spaces from being searched without their knowledge. Searches are only allowed if the firefighter is present, gives consent, a search warrant is obtained, or if they have been notified about the search. This rule only applies to storage spaces owned or leased by the firefighter's employer.
Section § 3260
This law protects firefighters from unfair treatment by ensuring their rights are upheld by their employers or licensing agencies. If violated, firefighters can go to a superior court, which can prevent further harm and provide relief from punitive actions.
If a case is brought forth in bad faith, the court may impose penalties, including paying the legal fees of the defending party.
Additionally, if a fire department intentionally and maliciously violates a firefighter's rights with the intent to cause harm, the department may face a fine of up to $25,000 and be required to pay for any actual damages and attorney's fees. Contracts with protective clauses can prevent departments from having to cover contractor liabilities due to these violations.
Section § 3261
This law clarifies that nothing within this chapter should be interpreted as restricting any government department, agency, or firefighter from engaging in agreements to assist each other. It ensures that jurisdictions can continue mutual aid or cooperate with each other whenever they find it necessary or beneficial.
Section § 3262
This law states that firefighters are only entitled to specific rights and protections when they are carrying out their official duties. It means these benefits do not apply outside of their work activities.