AB 312, as introduced, Wieckowski. Local government: employees: firefighters.
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 local government firefighter position. Existing law permits 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 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 provide that a firefighter’s name may remain on the list described above for 60 months. The bill would also make a conforming change.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 53270 of the Government Code is
2amended to read:
(a) The Legislature hereby finds that the hiring of
2permanent career civilian federal, state, and local government
3firefighters by local agencies as specified in this section is in need
4of uniform statewide regulation and constitutes a matter of
5statewide concern that shall be governed solely by this section.
6(b) Notwithstanding any other provision of law, upon approval
7by its governing body, a local government, including, but not
8limited to, a fire protection district, joint powers agency, or the
9fire department of a city, including a charter city, county, or city
10and county, or any political subdivision of one of these agencies,
11when hiring additional firefighters, may appoint as a member or
12officer any person who meets all
of the following criteria:
13(1) Was serving as a permanent career civilian federal firefighter
14in good standing at any United States military installation or was
15a permanent career firefighter employed by the state or a local
16government within the state.
17(2) Has satisfactorily completed all firefighter training required
18for employment as a permanent career civilian federal, state, or
19local government firefighter.
20(3) Was, as a consequence of the closure, downsizing, or
21realignment of a federal military installation, terminated as a
22permanent career civilian federal firefighter, or as a consequence
23of job-elimination, terminated as a permanent career state or local
24government firefighter, withinbegin delete 48end deletebegin insert
60end insert months prior to the
25appointment.
26(c) The appointment authority created by this section shall take
27precedence over any provision of, or any condition or circumstance
28arising from a provision of, a charter, ordinance, or resolution that
29governs employment of firefighters, that would otherwise frustrate
30the purpose of this section, including, but not limited to, the
31following:
32(1) The local government maintains a civil service or merit
33system governing the appointment of firefighters.
34(2) The local government has available to it an eligible or regular
35reemployment list of persons eligible for those appointments.
36(3) The appointed person is not on any eligible list.
37(d) A local government may not employ a person pursuant to
38this section if a special reemployment list is in existence for the
39firefighter position to be filled.
P3 1(e) If a local government determines to appoint a person pursuant
2to this section, it shall give first priority to residents of the
3jurisdiction, and second priority to residents of the county not
4residing in the jurisdiction.
5(f) The seniority, seniority-related privileges, and rank that a
6permanent career civilian federal, state, or local government
7firefighter possessed while employed at a federal military
8installation or by the state or a local government shall not be
9required to be transferred to a position in a local government fire
10department obtained pursuant to this section.
11(g) To
effectuate the purposes of this section, the California
12Firefighter Joint Apprenticeship Program may administer, prepare,
13and circulate to local governments a list of permanent career
14civilian federal, state, and local government firefighters eligible
15for appointment pursuant to this section. Placement on the list shall
16be governed by length of service as a permanent career civilian
17federal, state, or local government firefighter. A permanent career
18civilian federal, state, or local government firefighter may apply
19for placement on the list after he or she receives a notice of
20termination of position or a priority placement noticebegin delete,end delete and shall
21remain on the list for a period ofbegin delete 48end deletebegin insert 60end insert months.
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