Amended in Assembly April 8, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 312

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 amended, 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. begin insert Existing law requires that placement on the list be determined by length of service as a permanent career civilian federal, state, or local government firefighter. end insert

This bill would provide that a firefighter’s name may remain on the list described above for begin delete 60 end delete begin insert 36 end insert months. begin insert The bill would also delete the provision relating to determination of placement on the list. end insert 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 begin delete 60 end delete begin insert 36 end insert 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. begin delete Placement on the list shall
be governed by length of service as a permanent career civilian
federal, state, or local government firefighter. end delete 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 begin delete 60 end delete begin insert 36 end insert months.