BILL NUMBER: AB 2331	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 20, 2010
	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 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  and
notwithstanding any other provision that hearing officer's decision
shall be binding  . 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) 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
 and notwithstanding any other provision that hearing officer's
decision shall be binding  . 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).