BILL NUMBER: SB 258	CHAPTERED  09/02/99

	CHAPTER   305
	FILED WITH SECRETARY OF STATE   SEPTEMBER 2, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 1, 1999
	PASSED THE ASSEMBLY   AUGUST 23, 1999
	PASSED THE SENATE   APRIL 26, 1999
	AMENDED IN SENATE   APRIL 6, 1999
	AMENDED IN SENATE   MARCH 3, 1999

INTRODUCED BY   Senator Ortiz

                        JANUARY 28, 1999

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


	LEGISLATIVE COUNSEL'S DIGEST


   SB 258, Ortiz.  Firefighters:  employment by cities and counties.
   (1) Existing law authorizes a fire protection district or the fire
department of a county or city, including a charter city, to appoint
as a member or officer any person who was serving as a civilian
federal firefighter of any United States military installation within
the state, who was terminated as a consequence of the closure of the
military installation.
   This bill would limit this provision to the appointment of
permanent career civilian federal firefighters terminated as a
consequence of the closure, downsizing, or realignment of a federal
military installation.
   (2) Existing law authorizes the California Firefighter Joint
Apprenticeship Program to prepare and circulate a list of civilian
federal firefighters eligible for appointment.
   This bill would authorize that program to administer, prepare, and
circulate a list of permanent career civilian federal firefighters
eligible for appointment.


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 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 fire protection district or the fire department
of a city, including a charter city, county, or city and county,
when hiring additional firefighters, may appoint as a member or
officer of that fire protection district or fire department 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 within
the state.
   (2) Has satisfactorily completed all firefighter training required
for employment as a permanent career civilian federal 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 within 48 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 fire protection district or fire department maintains a
civil service or merit system governing the appointment of
firefighters.
   (2) The fire protection district or fire department 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 fire protection district or fire department 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 fire protection district or fire department determines to
appoint a person pursuant to this section, it shall give first
priority to residents of the district or city, and second priority to
residents of the county not residing in the district or city.
   (f) The seniority, seniority-related privileges, and rank that a
permanent career civilian federal firefighter possessed while
employed at a federal military installation shall not be required to
be transferred to a position in a fire protection district or fire
department obtained pursuant to the provisions of this section.
   (g) To effectuate the purposes of this section, the California
Firefighter Joint Apprenticeship Program may administer, prepare, and
circulate to fire districts and fire departments a list of permanent
career civilian federal firefighters eligible for appointment
pursuant to this section.
   Placement on the list compiled by the California Firefighter Joint
Apprenticeship Program shall be governed by length of service as a
permanent career civilian federal firefighter.  A permanent career
civilian federal 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 months.
  SEC. 2.  The amendments to paragraph (1) of subdivision (b) of
Section 53270 of the Government Code enacted by this act do not
constitute a change in, but are declaratory of, existing law.