CPER JOURNAL
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Pocket Guide to the Firefighters Procedural Bill of Rights Act
By J. Scott Tiedemann
1st edition, 2008
$16 each
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On October 13, 2007, the Firefighters Procedural Bill of Rights Act was signed into law, giving California firefighters many of the same rights as peace officers, and more. The new act is clearly covered in CPER’s latest publication: Pocket Guide to the Firefighters Procedural Bill of Rights Act. Portable, readable, and affordable, the CPER guide provides an overview of the requirements of the act — a clear explanation of who’s covered and the extent of that coverage; how a disciplinary investigation is started and what to expect concerning interrogation, privacy, discipline, administrative appeals, remedies; and more. The guide includes the text of the Act as well as pertinent provisions of the Administrative Procedure Act applicable to appeals; a table of cases, and glossary of terms.
Since cases decided under the PSOPBRA are likely to influence how the courts interpret the FBOR, a chapter provides a synopsis of major court decisions under that act. Differences between the two laws are highlighted.
Part of CPER’s Pocket Guide Series, the Guide is designed for firefighters of all ranks and for their employee organizations and employers in the State of California, and any city, county, municipal corporation, public district, or public authority that provides firefighting, police, ambulance, medical, or other emergency services. The booklet provides a description of the broad range of rights and obligations conferred by the statute.
Pocket Guide author J. Scott Tiedemann is a partner with Liebert Cassidy Whitmore. LCW has decades of experience representing and counseling public safety agencies in personnel matters, and its attorneys are experts in all issues involving the Public Safety Officers Procedural Bill of Rights Act and the Firefighters Procedural Bill of Rights Act. The Guide was also reviewed by attorney Christopher Platten, a partner with Wylie, McBride, Jesinger, Platten & Renner in San Jose. Platten has been representing the International Association of Fire Fighters locals for over 20 years.
TABLE OF CONTENTS
| I. Introduction | 1 |
|---|---|
| II. Coverage of the Act | 3 |
| A. Employers Covered | 3 |
| B. Employees Covered | 4 |
| C. Extent of Coverage | 5 |
| 1. Events and circumstances involving the “performance of official duties.” | 5 |
| 2. Investigations by licensing and certifying agencies. | 5 |
| III. Disciplinary Investigations | 6 |
| A. Starting an Investigation | 6 |
| B. The Interrogation | 6 |
| 1. Distinguishing between interrogations and other supervisory contacts. | 7 |
| a. City of Los Angeles v. Superior Court (Labio) | 7 |
| b. Steinert v. City of Covina. | 8 |
| 2. Procedural requirements for interrogations. | 9 |
| a. Time of the interrogation | 9 |
| b. Pre-interrogation admonitions | 10 |
| c. Length of the interrogation. | 10 |
| d. Threats/inducements prohibited | 11 |
| e. Recording the interrogation. | 11 |
| f. The right to representation. | 11 |
| 3. Special requirements when criminal charges are possible | 11 |
| a. Advisement of constitutional rights | 12 |
| b. Immunity | 12 |
| C. Disclosure of Investigation Materials | 13 |
| 1. Pre-interrogation | 13 |
| 2. Post-interrogation | 13 |
| D. Reassignment | 14 |
| E. Privacy | 15 |
| 1. Workplace searches | 15 |
| 2. Financial disclosure | 15 |
| 3. Lie detector tests | 16 |
| 4. Media | 16 |
| IV. Discipline | 17 |
| A. The Statute of Limitations | 17 |
| 1. Disciplinary notices | 19 |
| V. Administrative Appeals | 21 |
| A. Circumstances When Entitled to an Administrative Appeal | 21 |
| B. Scope of the Appeal Hearing | 23 |
| 1. Informal hearing procedure | 24 |
| 2. Formal hearing procedure. | 25 |
| a. The Accusation | 25 |
| b. Statement to Respondent | 26 |
| c. Service of the Accusation and Statement to Respondent | 27 |
| d. Notice of Defense | 27 |
| e. Amended or supplemental Accusation | 28 |
| VI. Personnel Files | 29 |
| A. Adverse Comments | 29 |
| B. Right to Review Personnel Records | 30 |
| C. Requests to Correct ‘Inaccurate Information’ | 30 |
| VII. Remedies | 31 |
| VIII. Statutes | 32 |
| A. The Firefighters Procedural Bill of Rights Act | 32 |
| B. The Administrative Procedure Act (Chapters 4.5 and 5) | 43 |
| IX. Major Court Decisions | 73 |
| A. Interrogation Rights | 74 |
| B. Preemption and Local Rules | 74 |
| C. Punitive Action, Appeal Rights: Pay Loss (Including Reduction While on Probation) | 75 |
| D. Punitive Action, Appeal Rights: Personnel Documents | 75 |
| E. Punitive Action, Appeal Rights: Transfer | 76 |
| F. Punitive Action, Appeal Rights: Appeal Format | 76 |
| G. Adverse Comments: Right to Respond | 77 |
| X. Glossary of Terms | 78 |
| XI. Table of Cases | 82 |
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