BILL ANALYSIS
AB 2331
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2331 (Skinner)
As Amended June 29, 2010
Majority vote
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|ASSEMBLY: | |(April 29, |SENATE: |34-0 |(August 9, |
| | |2010) | | |2010) |
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(vote not relevant)
Original Committee Reference: L. GOV.
SUMMARY : Provides that notwithstanding the administrative
appeal provisions of the Firefighters Procedural Bill of Rights
Act (FPBRA), if a current memorandum of understanding (MOU)
provides for binding arbitration of appeals, the arbitrator or
arbitration panel will serve as the hearing officer, rather than
the administrative law judge.
The Senate amendments delete the Assembly version of the bill,
and instead:
1)Specify that notwithstanding the administrative appeal
provisions of the FPBRA, if a current MOU provides for binding
arbitration of appeals, the arbitrator or arbitration panel
will serve as the hearing officer, rather than the
administrative law judge.
2)Prohibits any negotiated MOU from controlling the process for
administrative appeals instituted with licensing or certifying
agencies and requires that those appeals be conducted in
conformance with the current appeals process contained in the
FPBRA.
EXISTING LAW :
AB 220 (Bass, Chapter 591, Statutes of 2007) established the
FPBRA. In general, the FPBRA specified the procedures to be
followed whenever a firefighter is subject to investigation and
interrogation for alleged misconduct which may result in
punitive action, such as dismissal, demotion, suspension, salary
reduction, written reprimand, transfer, or even temporary
reassignment. Pursuant to the FPBRA, a firefighter may bring
suit in superior court for alleged violations of the act, and
AB 2331
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obtain appropriate injunctive or other extraordinary relief to
remedy the violation and to prevent future violations. In
addition, punitive action or denial of promotion on grounds
other than merit may not be undertaken by any employing
department or licensing or certifying agency against any
firefighter who has successfully completed the probationary
period without providing the firefighter with an opportunity for
administrative appeal.
The FPBRA further provides that an administrative appeal
instituted by a firefighter under the FPBRA will be conducted in
conformance with rules and procedures adopted by the employing
department or licensing or certifying agency that are in
accordance with the Administrative Procedures Act (APA).
AS PASSED BY THE ASSEMBLY, this bill provided that once a
firefighter has notified the California Firefighter Joint
Apprenticeship Program of his or her employment or reemployment,
the firefighter's name will be immediately removed from the list
of permanent career civilian federal, state, and local
government firefighters eligible for appointment to a
firefighter position by a local government.
FISCAL EFFECT : None
COMMENTS: According to the sponsor of the bill, the California
Professional Firefighters, "Now that the FPBRA has been in
effect for a few years, firefighter organizations and their
employers are realizing that the current application of the law
may not clearly provide for an alternative,
collectively-bargained appeals procedure. With that, it's
evident that the provisions of the Act governing the
administrative appeals process are in need of clarification -
specifically, with respect to those jurisdictions that have
effectively mitigated past appeals through a locally-adopted
grievance arbitration procedure. Rather than strapping these
jurisdictions with the hefty cost of revamping their appeals
process to conform with the Office of Administrative Law rules
under the APA - costs that in many cases would be prohibitive
given the current economic climate - there is a need to enable
jurisdictions to utilize their existing, effective grievance
arbitration appeals process as an acceptable alternative to the
APA process.
In enacting AB 220, the Legislature intended to establish
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procedures that would protect the due process rights of
firefighters in administrative appeals. However, as noted by
the sponsor, at the time AB 220 went into effect, many
firefighter organizations already had collectively bargained for
alternative grievance arbitration procedures. As currently
written, the FPBRA does not clearly provide for such an
alternative established in a MOU. This bill would allow an
arbitrator or arbitration panel to serve as the hearing officer,
rather than the administrative law judge, if a current MOU
provides for binding arbitration of appeals.
Analysis Prepared by : Karon Green / P.E., R. & S.S. / (916)
319-3957
FN: 0005105