Pocket Guide to the Firefighters Procedural Bill of Rights Act
By J. Scott Tiedemann
2nd edition, 2012
$18 each
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Firefighters have a resource comparable to CPER’s bestselling Pocket Guide to the Public Safety Officers Procedural Bill of Rights Act, known statewide as the definitive guide to peace officers’ rights and protections. The guide is a must for individual firefighters and for all those involved in internal affairs and discipline. The new edition includes an amendment to the Act, additional sections from the Administrative Procedure Act, and recent court cases.
The FBOR guide provides:
The FBOR is largely modeled on the PSOPRA, which has protected peace officers for over 30 years. Thus, there is an existing body of case law and practical experience that may be called on when implementing the new law. This booklet cites cases decided under the PSOPBRA that are likely to influence how the courts interpret the FBOR. There are some significant differences between the two laws that warrant careful attention. Those differences are highlighted.
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.
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, 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. | 6 |
| III. Disciplinary Investigations | 7 |
| A. Starting an Investigation | 7 |
| B. The Interrogation | 7 |
| 1. Distinguishing between interrogations and other supervisory contacts. | 8 |
| a. City of Los Angeles v. Superior Court (Labio) | 8 |
| b. Steinert v. City of Covina. | 9 |
| 2. Procedural requirements for interrogations. | 10 |
| a. Time of the interrogation | 10 |
| b. Pre-interrogation admonitions | 11 |
| c. Length of the interrogation. | 11 |
| d. Threats/inducements prohibited | 11 |
| e. Recording the interrogation. | 12 |
| f. The right to representation. | 12 |
| 3. Special requirements when criminal charges are possible | 12 |
| a. Advisement of constitutional rights | 12 |
| b. Immunity | 13 |
| C. Disclosure of Investigation Materials | 14 |
| 1. Pre-interrogation | 14 |
| 2. Post-interrogation | 14 |
| D. Reassignment | 15 |
| E. Privacy | 15 |
| 1. Workplace searches | 16 |
| 2. Financial disclosure | 16 |
| 3. Lie detector tests | 16 |
| 4. Media | 17 |
| IV. Discipline | 18 |
| A. The Statute of Limitations | 18 |
| 1. Disciplinary notices | 20 |
| V. Administrative Appeals | 22 |
| A. Administrative Appeals | 22 |
| B. Scope of the Appeal Hearing | 24 |
| 1. Informal hearing procedure | 25 |
| 2. Formal hearing procedure. | 26 |
| a. The Accusation | 26 |
| b. Statement to Respondent | 27 |
| c. Service of the Accusation and Statement to Respondent | 28 |
| d. Notice of Defense | 28 |
| e. Amended or supplemental Accusation | 29 |
| VI. Personnel Files | 30 |
| A. Adverse Comments | 30 |
| B. Right to Review Personnel Records | 31 |
| C. Requests to Correct 'Inaccurate Information' | 31 |
| VII. Remedies | 32 |
| VIII. Statutes | 33 |
| A. The Firefighters Procedural Bill of Rights Act | 33 |
| B. The Administrative Procedure Act (Chapters 4.5 and 5) | 44 |
| IX. Major Court Decisions | 75 |
| A. Coverage of the Act | 76 |
| B. Interrogation Rights | 76 |
| C. Preemption and Local Rules | 77 |
| D. Punitive Action, Appeal Rights: Pay Loss (Including Reduction While on Probation) |
78 |
| E. Punitive Action, Appeal Rights: Personnel Documents | 78 |
| F. Punitive Action, Appeal Rights: Transfer | 79 |
| G. Punitive Action, Appeal Rights: Appeal Format | 79 |
| H. Adverse Comments: Right to Respond | 80 |
| X. Glossary of Terms | 81 |
| XI. Table of Cases | 85 |
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