SB 1163, as amended, 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 tobegin insert a disciplinary cause regardingend insert certification or licensure actionbegin insert under the EMS Actend insert, 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 ofbegin delete critical incidentend deletebegin insert critical-incidentend insert 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 Rightsbegin insert Actend insert ensures that
15begin delete common-senseend deletebegin insert commonsenseend insert principles of fairness and
16professionalism are followed whenever a firefighter, or
17firefighter-paramedic or emergency medical technician (EMT) is
18party to an investigation or is questioned for alleged misconduct
19that may result in punitive action.
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
23Servicesbegin delete (EMS) Act.end deletebegin insert System and the Prehospital Emergency
24Medical Care Personnel Act (EMS).end insert
P3 1(e) While being bound by the state’s EMS Act, EMT certifying
2and paramedic licensing entities are also bound by the provisions
3of the Firefighters Procedural Bill of Rightsbegin insert Actend insert when a
4firefighter-EMT or paramedic is faced with licensure or
5certification action.
6(f) To ensure the uniform application of the state’s EMS Act
7and Firefighters Procedural Bill of Rightsbegin insert
Actend insert in these instances,
8both acts must be harmonized by clarifying that where a
9firefighter-EMT or paramedic is subject to certification or licensure
10action, the due process procedures afforded are applicable in any
11circumstance that may result in a job-related punitive action.
Section 3262 of the Government Code is amended to
13read:
The rights and protections described in this chapter shall
15only apply to a firefighter during events and circumstances
16involving the performance of his or her official duties or during
17events and circumstances giving rise to disciplinary causebegin delete or reasonend delete
18 pursuant to Sectionbegin delete 1799.112 of the Health and Safety Code or begin insert 1798.200end insert of the Health and Safety Code.
19giving rise to disciplinary action pursuant to subdivision (d) of
20Section 1797.194end delete
If the Commission on State Mandates determines that
22this act contains costs mandated by the state, reimbursement to
23local agencies and school districts for those costs shall be made
24pursuant to Part 7 (commencing with Section 17500) of Division
254 of Title 2 of the Government Code.
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