Mike McGuire
- Democratic
- Senator
- District 2
Author
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. The act 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. The act prohibits taking punitive actions if the investigation of the allegation is not completed within one year of discovery by the employing fire department. Existing law authorizes the State Personnel Board to hold hearings and make investigations concerning all matters relating to the enforcement and effect of the state civil service and various related personnel issues. This bill would include within the definition of "firefighter" a temporary, seasonal firefighter employed by the Department of Forestry and Fire Protection. The bill would apply the Firefighters Procedural Bill of Rights Act to an employee of the Department of Forestry and Fire Protection who holds a temporary firefighter appointment and who has commenced employment in a 2nd consecutive fire season with the department even though the person holding the position does not serve a probationary period. Under the bill, if an investigation involves a Department of Forestry and Fire Protection employee holding a temporary appointment to a firefighter position, the above-described one-year period would be tolled during the period that the employee is not employed by the department until the date the employee is rehired for a subsequent fire season. The bill would prohibit a Department of Forestry and Fire Protection employee holding a temporary appointment to a firefighter position from being terminated for cause without a right to appeal the termination to the State Personnel Board, subject to the board's rules, and the would prescribe a process in this regard. Under the bill, if the board finds that cause for termination was not supported by a preponderance of the evidence or that the termination was made in bad faith, the employee would be entitled to reinstatement, as specified, but would not be entitled to back pay. The bill would prohibit these provisions from being construed to create a property interest in a temporary appointment to a firefighter position or to a permanent position. The bill would authorize the State Personnel Board to held hearings and investigations for these purposes.
Chaptered by Secretary of State. Chapter 722, Statutes of 2021.
Approved by the Governor.
Enrolled and presented to the Governor at 3:30 p.m.
Assembly amendments concurred in. (Ayes 38. Noes 0. Page 2526.) Ordered to engrossing and enrolling.
Read third time. Passed. (Ayes 73. Noes 0. Page 2819.) Ordered to the Senate.
In Senate. Concurrence in Assembly amendments pending.
Read third time and amended.
Ordered to third reading.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 16. Noes 0.) (August 26).
August 19 set for first hearing. Placed on suspense file.
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 10. Noes 0.) (July 6). Re-referred to Com. on APPR.
From committee: Do pass and re-refer to Com. on JUD. (Ayes 7. Noes 0.) (June 23). Re-referred to Com. on JUD.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 39. Noes 0. Page 1342.) Ordered to the Assembly.
Ordered to special consent calendar.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 7. Noes 0. Page 1183.) (May 20).
Set for hearing May 20.
April 19 hearing: Placed on APPR suspense file.
Set for hearing April 19.
Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass as amended and re-refer to Com. on APPR with recommendation: To consent calendar. (Ayes 11. Noes 0. Page 590.) (March 23).
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
Set for hearing March 23.
From committee: Do pass and re-refer to Com. on JUD. (Ayes 5. Noes 0. Page 406.) (March 8). Re-referred to Com. on JUD.
Set for hearing March 8.
Referred to Coms. on L., P.E. & R. and JUD.
From printer. May be acted upon on or after February 11.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB206 | HTML |
| 01/11/21 - Introduced | |
| 03/15/21 - Amended Senate | |
| 03/25/21 - Amended Senate | |
| 09/03/21 - Amended Assembly | |
| 09/10/21 - Enrolled | |
| 10/08/21 - Chaptered |
| Document | Format |
|---|---|
| 03/05/21- Senate Committee on Labor, Public Employment and Retirement | |
| 03/20/21- Senate Judiciary | |
| 04/16/21- Senate Appropriations | |
| 05/22/21- Sen. Floor Analyses | |
| 06/22/21- Assembly Committee on Public Employment and Retirement | |
| 07/02/21- Assembly Judiciary | |
| 08/16/21- Assembly Appropriations | |
| 08/31/21- ASSEMBLY FLOOR ANALYSIS | |
| 09/03/21- ASSEMBLY FLOOR ANALYSIS | |
| 09/07/21- Sen. Floor Analyses |
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