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



Current Version: 03/25/21 - Amended Senate         Compare Versions information image


SB206:v97#DOCUMENT

Amended  IN  Senate  March 25, 2021
Amended  IN  Senate  March 15, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 206


Introduced by Senator McGuire
(Coauthor: Senator Limón)(Coauthors: Senators Dahle and 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 amended, McGuire. Firefighters Procedural Bill of Rights Act.
Existing law, the Firefighters Procedural Bill of Rights Act, grants certain employment rights to firefighters, as defined. Under the act, when a firefighter is investigated and 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. Existing law excepts from the act any employee who has not successfully completed the probationary period established by the employee’s employer as a condition of employment.
This bill would include in the definition of “firefighter” a temporary, seasonal firefighter employed by the Department of Forestry and Fire Protection. The bill would require an employee of the Department of Forestry and Fire Protection who holds a temporary firefighter appointment and is employed as a seasonal firefighter to be deemed to have successfully completed the requisite probationary period if the Department of Forestry and Fire Protection employs the employee in the same classification for a 2nd fire season temporary appointment immediately following the first.
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. “Firefighter” also means an employee of the Department of Forestry and Fire Protection holding a temporary appointment to a firefighter position and employed as a seasonal firefighter.
(2) Notwithstanding paragraph (1), “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).
(3) This chapter does not apply to any employee who has not successfully completed the probationary period established by the employee’s employer as a condition of employment. For purposes of this paragraph, an employee of the Department of Forestry and Fire Protection holding a temporary appointment to a firefighter position and employed as a seasonal firefighter shall be deemed to have successfully completed the requisite probationary period if the Department of Forestry and Fire Protection employs the firefighter in the same classification for a second fire season temporary appointment immediately subsequent to the first.
(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.