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SB-206 Firefighters Procedural Bill of Rights Act.(2021-2022)

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Date Published: 01/11/2021 09:00 PM
SB206:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 206

Introduced by Senator McGuire
(Coauthor: Senator Limón)
(Coauthors: Assembly Members Flora and Wood)

January 11, 2021

An act to amend Section 3251 of the Government Code, relating to public employment.


LEGISLATIVE COUNSEL'S DIGEST


SB 206, as introduced, McGuire. Firefighters Procedural Bill of Rights Act.
Existing law, the Firefighters Procedural Bill of Rights Act, grants certain employment rights to firefighters, as defined. Among other things, under the act, when a firefighter is under investigation and is interrogated by the firefighter’s commanding officer, or another member of the employing agency, on matters that could lead to punitive action, the interrogation must be conducted pursuant to certain requirements. Existing law defines “punitive action” for these purposes as any action that may lead to dismissal, demotion, suspension, reduction in salary, written reprimand, or transfer for purposes of punishment.
This bill would include in the definition of “firefighter” a temporary, seasonal firefighter employed by the Department of Forestry and Fire Protection.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 3251 of the Government Code is amended to read:

3251.
 For purposes of this chapter, the following definitions apply:
(a) (1) “Firefighter” means any firefighter employed by a public agency, including, but not limited to, any firefighter who is a paramedic or emergency medical technician, irrespective of rank. However, “firefighter” does not include an inmate of a state or local correctional agency who performs firefighting or related duties or persons who are subject to Chapter 9.7 (commencing with Section 3300). This chapter does not apply to any employee who has not successfully completed the probationary period established by his or her the employee’s employer as a condition of employment.
(2) Notwithstanding paragraph (1), “firefighter” also means a temporary, seasonal firefighter employed by the Department of Forestry and Fire Protection.
(b) “Public agency” has the meaning given that term by Section 53101.
(c) “Punitive action” means any action that may lead to dismissal, demotion, suspension, reduction in salary, written reprimand, or transfer for purposes of punishment.