Pocket Guide to the Firefighters Procedural Bill of Rights Act (5th ed., 2019)

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 act is clearly covered in CPER’s 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.

About the Authors

J. Scott Tiedemann is a partner with Liebert Cassidy Whitmore. LCW has decades of experience representing and counseling public safety agencies in personnel matters. They are experts in issues involving the Public Safety Officers Procedural Bill of Rights Act and the Firefighters Procedural Bill of Rights Act. Reviewer Christopher Platten is a partner with Wylie, McBride, Platten and Renner, in San Jose.

Table of Contents

1. Introduction (Page 1)
2. Coverage of the Act (Page 3)
   1. Employers Covered (Page 3)
   2. Employees Covered (Page 4)
   3. Extent of Coverage (Page 5)
      1. Events and circumstances involving the ‘performance of official duties’ (Page 5)
      2. Investigations by licensing and certifying agencies (Page 7)
3. Disciplinary Investigations (Page 8)
   1. Starting an Investigation (Page 8)
   2. The Interrogation (Page 9)
      1. Distinguishing between interrogations and other supervisory contacts (Page 9)
         1. City of Los Angeles v. Superior Court (Labio) (Page 9)
         2. Steinert v. City of Covina (Page 10)
      2. Procedural requirements for interrogations (Page 11)
         1. Time of the interrogation (Page 11)
         2. Pre-interrogation admonitions (Page 12)
         3. Length of the interrogation (Page 12)
         4. Threats/inducements prohibited (Page 12)
         5. Recording the interrogation (Page 13)
         6. The right to representation (Page 13)
      3. Special requirements when criminal charges are possible (Page 13)
         1. Advisement of constitutional rights (Page 14)
         2. Immunity (Page 14)
   3. Disclosure of Investigation Materials (Page 15)
      1. Pre-interrogation (Page 15)
      2. Post-interrogation (Page 15)
   4. Reassignment (Page 16)
   5. Privacy (Page 17)
      1. Workplace searches (Page 17)
      2. Financial disclosure (Page 17)
      3. Lie detector tests (Page 17)
      4. Media (Page 18)
4. Discipline (Page 19)
   1. The Statute of Limitations (Page 19)
   2. Disciplinary notices (Page 21)
5. Administrative Appeals (Page 23)
   1. Entitlement to an Administrative Appeal (Page 26)
   2. Scope of the Appeal Hearing (Page 27)
      1. Informal hearing procedure (Page 28)
      2. Formal hearing procedure (Page 28)
         1. The Accusation (Page 29)
         2. Statement to Respondent (Page 29)
         3. Service of the Accusation and Statement to Respondent (Page 28)
         4. Notice of Defense (Page 29)
         5. Amended or Supplemental Accusation (Page 30)
6. Personnel Files (Page 32)
   1. Adverse Comments (Page 32)
   2. Right to Review Personnel Records (Page 35)
   3. Requests to Correct ‘Inaccurate Information’ (Page 35)
7. Remedies (Page 36)
8. Statutes (Page 37)
   1. The Firefighters Procedural Bill of Rights Act (Page 37)
   2. The Administrative Procedure Act (Chapters 4.5 and 5) (Page 48)
9. Major Court Decisions (Page 83)
   1. Coverage of the Act (Page 84)
   2. Interrogation Rights (Page 84)
   3. Preemption and Local Rules (Page 86)
   4. Punitive Action, Appeal Rights: Pay Loss (Including Reduction While on Probation) (Page 86)
   5. Punitive Action, Appeal Rights: Personnel Documents (Page 87)
   6. Punitive Action, Appeal Rights: Transfer (Page 87)
   7. Punitive Action, Appeal Format (Page 88)
   8. Adverse Comments: Right to Respond (Page 88)
10. Glossary of Terms (Page 90)
11. Table of Cases (Page 94)
12. Index (Page 98)