BILL NUMBER: AB 2331 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 26, 2010
INTRODUCED BY Assembly Member Skinner
FEBRUARY 19, 2010
An act to amend Section 53270 of the Government Code,
relating to local government. An act to amend Section
3254.5 of the Government Code, relating to firefighters.
LEGISLATIVE COUNSEL'S DIGEST
AB 2331, as amended, Skinner. Local government:
employees: firefighters. Firefighters Procedural Bill
of Rights Act.
The Firefighters Procedural Bill of Rights Act provides a set of
rights and procedural protections to specified firefighters. That act
requires an administrative appeal instituted by a firefighter under
the act to be conducted in conformance with rules and procedures
adopted by the employing department or licensing or certifying agency
that are in accordance with specified provisions of the
Administrative Procedure Act.
This bill would specify that if that provision is in conflict with
grievance arbitration provisions of a memorandum of understanding in
effect on and after January 1, 2008, the memorandum of understanding
shall be controlling without further legislative action.
Existing law authorizes the California Firefighter Joint
Apprenticeship Program to administer, prepare, and circulate to local
governments a list of permanent career civilian federal, state, and
local government firefighters eligible for appointment to a
firefighter position and authorizes a permanent career civilian
federal, state, or local government firefighter to apply for
placement on the list after he or she receives a notice of
termination of position or a priority placement notice, and requires
his or her name to remain on the list for a period of 48 months.
This bill would require the removal of a firefighter's name from
the list upon notification that he or she has obtained new employment
or has been reemployed. The bill would also authorize the California
Firefighter Joint Apprenticeship Program to update the list, as
specified.
Vote: majority. Appropriation: no. Fiscal committee: yes
no . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 3254.5 of the
Government Code is amended to read:
3254.5. (a) 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.
(b) If the provisions of this section are in conflict with
grievance arbitration provisions of a memorandum of understanding in
effect on and after January 1, 2008, reached pursuant to this
division, the memorandum of understanding shall be controlling
without further legislative action.
SECTION 1. Section 53270 of the Government Code
is amended to read:
53270. (a) The Legislature hereby finds that the hiring of
permanent career civilian federal, state, and local government
firefighters by local agencies as specified in this section is in
need of uniform statewide regulation and constitutes a matter of
statewide concern that shall be governed solely by this section.
(b) Notwithstanding any other provision of law, upon approval by
its governing body, a local government, including, but not limited
to, a fire protection district, joint powers agency, or the fire
department of a city, including a charter city, county, or city and
county, or any political subdivision of one of these agencies, when
hiring additional firefighters, may appoint as a member or officer
any person who meets all of the following criteria:
(1) Was serving as a permanent career civilian federal firefighter
in good standing at any United States military installation or was a
permanent career firefighter employed by the state or a local
government within the state.
(2) Has satisfactorily completed all firefighter training required
for employment as a permanent career civilian federal, state, or
local government firefighter.
(3) Was, as a consequence of the closure, downsizing, or
realignment of a federal military installation, terminated as a
permanent career civilian federal firefighter, or as a consequence of
job-elimination, terminated as a permanent career state or local
government firefighter, within 48 months prior to the appointment.
(c) The appointment authority created by this section shall take
precedence over any provision of, or any condition or circumstance
arising from a provision of, a charter, ordinance, or resolution that
governs employment of firefighters, that would otherwise frustrate
the purpose of this section, including, but not limited to, the
following:
(1) The local government maintains a civil service or merit system
governing the appointment of firefighters.
(2) The local government has available to it an eligible or
regular reemployment list of persons eligible for those appointments.
(3) The appointed person is not on any eligible list.
(d) A local government may not employ a person pursuant to this
section if a special reemployment list is in existence for the
firefighter position to be filled.
(e) If a local government determines to appoint a person pursuant
to this section, it shall give first priority to residents of the
jurisdiction, and second priority to residents of the county not
residing in the jurisdiction.
(f) The seniority, seniority-related privileges, and rank that a
permanent career civilian federal, state, or local government
firefighter possessed while employed at a federal military
installation or by the state or a local government shall not be
required to be transferred to a position in a local government fire
department obtained pursuant to this section.
(g) To effectuate the purposes of this section, the California
Firefighter Joint Apprenticeship Program may administer, prepare,
update, and circulate to local governments a list of permanent career
civilian federal, state, and local government firefighters eligible
for appointment pursuant to this section. Placement on the list shall
be governed by length of service as a permanent career civilian
federal, state, or local government firefighter. A permanent career
civilian federal, state, or local government firefighter may apply
for placement on the list after he or she receives a notice of
termination of position or a priority placement notice, and shall
remain on the list for a period of 48 months. Upon notification by a
firefighter of employment or reemployment, the name of that
firefighter shall be removed from the list immediately.