BILL NUMBER: AB 2331	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 29, 2010
	AMENDED IN SENATE  MAY 28, 2010
	AMENDED IN SENATE  MAY 26, 2010

INTRODUCED BY   Assembly Member Skinner

                        FEBRUARY 19, 2010

   An act to amend Section 3254.5 of the Government Code, relating to
firefighters.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2331, as amended, Skinner. Firefighters Procedural Bill of
Rights Act.
   The Firefighters Procedural Bill of Rights Act provides a set of
rights and procedural protections to specified firefighters. That act
requires an administrative appeal instituted by a firefighter under
the act to be conducted in conformance with rules and procedures
adopted by the employing department or licensing or certifying agency
that are in accordance with specified provisions of the
Administrative Procedure Act.
   This bill would specify that  if that provision is in
conflict with grievance arbitration provisions of a memorandum of
understanding in effect on or after January 1, 2008, the memorandum
of understanding shall be controlling without further legislative
action   notwithstanding that provision, if the
employing department is subject to a   memorandum of
understanding that provides for binding arbitration of administrative
appeals, the arbitrator or arbitration panel shall serve as the
hearing officer in accordance with the Administrative Procedure Act.
The bill would specify, however, that a memorandum of understanding
negotiated with an employing agency would not control the process for
administrative appeals instituted with licensing or certifying
agencies as those appeals shall be conducted in conformance with the
rules and procedures adopted by the employing department or licensing
or certifying agency that are in accordance with specified
provisions of the Administrative Procedure Act  .
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 3254.5 of the Government Code is amended to
read:
   3254.5.  (a) An administrative appeal instituted by a firefighter
under this chapter shall be conducted in conformance with rules and
procedures adopted by the employing department or licensing or
certifying agency that are in accordance with Chapter 5 (commencing
with Section 11500) of Part 1 of Division 3 of Title 2. 
   (b) If the provisions of this section are in conflict with
grievance arbitration provisions of a memorandum of understanding in
effect on or after January 1, 2008, reached pursuant to this
division, the memorandum of understanding shall be controlling
without further legislative action.  
   (b) Notwithstanding subdivision (a), if the employing department
is subject to a memorandum of understanding that provides for binding
arbitration of administrative appeals, the arbitrator or arbitration
panel shall serve as the hearing officer in accordance with Chapter
5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2.
However, a memorandum of understanding negotiated with an employing
agency shall not control the process for administrative appeals
instituted with licensing or certifying agencies. Any administrative
appeal instituted with licensing or certifying agencies shall adhere
to the requirements prescribed in subdivision (a).