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SB-1163 Firefighters: rights and protections.(2015-2016)

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Amended  IN  Senate  April 13, 2016
Amended  IN  Senate  March 28, 2016

CALIFORNIA LEGISLATURE— 2015–2016 REGULAR SESSION

Senate Bill
No. 1163

Introduced by Senator Leno
(Coauthor: Senator Anderson)

February 18, 2016

An act to amend Section 3262 of the Government Code, relating to public employment.


LEGISLATIVE COUNSEL'S DIGEST


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   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares all of the following:
(a) When rendering lifesaving services to the public, firefighters and emergency medical service (EMS) personnel are subject to numerous job safety procedures and protocols, which, in rare instances, can become compromised or altered in a highly charged atmosphere of critical-incident stressors.
(b) Recognizing that fire service first responders who trust their training and instincts in these volatile emergency situations are deserving of due process rights and protections when such these instances arise, the Legislature and Governor appropriately approved the Firefighters Procedural Bill of Rights Act in 2007 (Chapter No. 591, Statutes of 2007).
(c) The Firefighters Procedural Bill of Rights Act ensures that commonsense principles of fairness and professionalism are followed whenever a firefighter, or firefighter-paramedic or emergency medical technician (EMT) is party to an investigation or is questioned for alleged misconduct that may result in punitive action.
(d) When a firefighter is required, as a condition of employment, to maintain a paramedic license or EMT certificate, his or her license or certificate is subject to the state’s Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act (EMS).
(e) While being bound by the state’s EMS Act, EMT certifying and paramedic licensing entities are also bound by the provisions of the Firefighters Procedural Bill of Rights Act when a firefighter-EMT or paramedic is faced with licensure or certification action.
(f) To ensure the uniform application of the state’s EMS Act and Firefighters Procedural Bill of Rights Act in these instances, both acts must be harmonized by clarifying that where a firefighter-EMT or paramedic is subject to certification or licensure action, the due process procedures afforded are applicable in any circumstance that may result in a job-related punitive action.

SEC. 2.

 Section 3262 of the Government Code is amended to read:

3262.
 The rights and protections described in this chapter shall only apply to a firefighter during events and circumstances involving the performance of his or her official duties or during events and circumstances giving rise to disciplinary cause pursuant to Section 1798.200 of the Health and Safety Code.

SEC. 3.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.