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 to a disciplinary cause regarding certification or licensure action under the EMS Act, 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 whenbegin delete suchend deletebegin insert
theseend insert
11 instances arise, the Legislature and Governor appropriately
12approved the Firefighters Procedural Bill of Rights Act in 2007
13(Chapter No.
591, Statutes of 2007).
14(c) The Firefighters Procedural Bill of Rights Act ensures that
15commonsense 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
P3 1Services System and the Prehospital Emergency Medical Care
2Personnel Act (EMS).
3(e) While being bound by the state’s EMS Act, EMT certifying
4and paramedic
licensing entities are also bound by the provisions
5of the Firefighters Procedural Bill of Rights Act when a
6firefighter-EMT or paramedic is faced with licensure or
7certification action.
8(f) To ensure the uniform application of the state’s EMS Act
9and Firefighters Procedural Bill of Rights Act in these instances,
10both acts must be harmonized by clarifying that where a
11firefighter-EMT or paramedic is subject to certification or licensure
12action, the due process procedures afforded are applicable in any
13circumstance that may result in a job-related punitive action.
Section 3262 of the Government Code is amended to
15read:
The rights and protections described in this chapter shall
17only apply to a firefighter during events and circumstances
18involving the performance of his or her official duties or during
19events and circumstances giving rise to disciplinary cause pursuant
20to Section 1798.200 of the Health and Safety Code.
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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