BILL NUMBER: AB 312	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Wieckowski

                        FEBRUARY 12, 2013

   An act to amend Section 53270 of the Government Code, relating to
firefighters.


	LEGISLATIVE COUNSEL'S DIGEST


   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 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   60 
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, 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
  60  months.