SB 1163, as introduced, Leno. Firefighters: rights and protections.
Existing law, the Firefighters Procedural Bill of Rights Act, grants certain rights to firefighters, as defined, including specified protections during investigations and interrogations, protection from punitive actions or denial of promotion on grounds other than merit, and political activity rights. The act provides that these protections apply only during events and circumstances involving the performance of the firefighter’s official duties.
Existing law, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act, governs local emergency medical service systems and establishes the Emergency Medical Services Authority, which is responsible for the coordination and integration of all state activities concerning emergency medical services. Existing law provides that emergency medical personnel have specified due process rights when they are subject to suspension or termination for disciplinary cause or reason, as defined.
This bill would amend the Firefighters Procedural Bill of Rights Act to specify that when a firefighter-EMT or paramedic is subject to certification or licensure action, the firefighter due process procedures are applicable to that punitive action.
By adding to the duties of local agencies to comply with the Firefighters Procedural Bill of Rights Act, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
The Legislature finds and declares all of the
2following:
3(a) When rendering lifesaving services to the public, firefighters
4and emergency medical service (EMS) personnel are subject to
5numerous job safety procedures and protocols, which, in rare
6instances, can become compromised or altered in a highly charged
7atmosphere of critical incident stressors.
8(b) Recognizing that fire service first responders who trust their
9training and instincts in these volatile emergency situations are
10deserving of due process rights and protections when such instances
11arise, the Legislature and Governor appropriately approved the
12Firefighters Procedural Bill of Rights Act in 2007 (Chapter No.
13
591, Statutes of 2007).
14(c) The Firefighters Procedural Bill of Rights ensures that
15common-sense principles of fairness and professionalism are
16followed whenever a firefighter, or firefighter-paramedic or
17emergency medical technician (EMT) is party to an investigation
18or is questioned for alleged misconduct that may result in punitive
19action.
20(d) When a firefighter is required, as a condition of employment,
21to maintain a paramedic license or EMT certificate, his or her
22license or certificate is subject to the state’s Emergency Medical
23Services (EMS) Act.
24(e) While being bound by the state’s EMS Act, EMT certifying
25and paramedic licensing entities are also bound by the provisions
26of the Firefighters Procedural Bill of Rights when a
27firefighter-EMT or paramedic is faced with licensure or
28certification action.
P3 1(f) To ensure the uniform application of the state’s EMS Act
2and Firefighters Procedural Bill of Rights in these instances, both
3acts must be harmonized by clarifying that where a firefighter-EMT
4or paramedic is subject to certification or licensure action, the due
5process procedures afforded are applicable in any circumstance
6that may result in a job-related punitive action.
Section 3262 of the Government Code is amended to
8read:
The rights and protections described in this chapter shall
10only apply to a firefighter during events and circumstances
11involving the performance of his or her officialbegin delete duties.end deletebegin insert duties or
12during events and circumstances giving rise to disciplinary cause
13or reason pursuant to Section 1799.112 of the Health and Safety
14Code or giving rise to disciplinary action pursuant to subdivision
15(d) of Section 1797.194 of the Health and Safety Code.end insert
If the Commission on State Mandates determines that
17this act contains costs mandated by the state, reimbursement to
18local agencies and school districts for those costs shall be made
19pursuant to Part 7 (commencing with Section 17500) of Division
204 of Title 2 of the Government Code.
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