Existing law, the Firefighters Procedural Bill of Rights Act, grants certain rights to firefighters, as defined, including specified protections during investigations and interrogations, protection from punitive actions or denial of promotion on grounds other than merit, and political activity rights. The act provides that these protections apply only during events and circumstances involving the performance of the firefighters official duties.

Existing law, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act, governs local emergency medical service systems and establishes the Emergency Medical Services Authority, which is responsible for the coordination and integration of all state activities concerning emergency medical services. Existing law provides that emergency medical personnel have specified due process rights when they are subject to suspension or termination for disciplinary cause or reason, as defined.

This bill would amend the Firefighters Procedural Bill of Rights Act to specify that when a firefighter-EMT or paramedic is subject to a disciplinary cause regarding certification or licensure action under the EMS Act, the firefighter due process procedures are applicable to that punitive action.

By adding to the duties of local agencies to comply with the Firefighters Procedural Bill of Rights Act, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Existing law, the Firefighters Procedural Bill of Rights Act, grants certain rights to firefighters, as defined, including specified protections during investigations and interrogations, protection from punitive actions or denial of promotion on grounds other than merit, and political activity rights. The act provides that these protections apply only during events and circumstances involving the performance of the firefighters official duties.

Existing law, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act, governs local emergency medical service systems and establishes the Emergency Medical Services Authority, which is responsible for the coordination and integration of all state activities concerning emergency medical services. Existing law provides that emergency medical personnel have specified due process rights when they are subject to suspension or termination for disciplinary cause or reason, as defined.

This bill would amend the Firefighters Procedural Bill of Rights Act to specify that when a firefighter-EMT or paramedic is subject to a disciplinary cause regarding certification or licensure action under the EMS Act, the firefighter due process procedures are applicable to that punitive action.

By adding to the duties of local agencies to comply with the Firefighters Procedural Bill of Rights Act, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Existing law, the Firefighters Procedural Bill of Rights Act, grants certain rights to firefighters, as defined, including specified protections during investigations and interrogations, protection from punitive actions or denial of promotion on grounds other than merit, and political activity rights. The act provides that these protections apply only during events and circumstances involving the performance of the firefighters official duties.

Existing law, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act, governs local emergency medical service systems and establishes the Emergency Medical Services Authority, which is responsible for the coordination and integration of all state activities concerning emergency medical services. Existing law provides that emergency medical personnel have specified due process rights when they are subject to suspension or termination for disciplinary cause or reason, as defined.

This bill would amend the Firefighters Procedural Bill of Rights Act to specify that when a firefighter-EMT or paramedic is subject to certification or licensure action, the firefighter due process procedures are applicable to that punitive action.

By adding to the duties of local agencies to comply with the Firefighters Procedural Bill of Rights Act, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

SENATE COMMITTEE ON

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

SB 1163 (Leno) - Firefighters: rights and protections

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

SB 1163 would extend the existing rights and protections under the Firefighters Procedural Bill of Rights Act (FBOR) for all firefighters, including firefighter EMTs, to include events and circumstances occurring off-duty, as specified.

Fiscal Impact:

• FBOR expansion: Significant increase in ongoing local agency costs, potentially state-reimbursable (General Fund), to extend the existing FBOR protections for all firefighters to include off-duty events and circumstances as enumerated under the EMS Act. As the FBOR mandate is already established under existing law to cover on-duty activities, any additional potentially state-reimbursable costs attributable to this bill would be those costs incurred above the existing mandate.

For context, the magnitude of historical mandate reimbursement claims paid under the Peace Officers Procedural Bill of Rights (POBOR) averaged over $16 million for three years, with nearly $77 million in deferred claims to be paid for previous years. While the proportion of POBOR mandated costs specific to off-duty activities is unknown, given the significant number of firefighters and firefighter EMTs (over 40,000 statewide) subject to the mandate, the potential fiscal impact statewide, while unknown, could potentially be in excess of $1 million annually.

• Emergency Medical Services Authority (EMSA): No fiscal impact.
• CAL FIRE: No fiscal impact, as CAL FIRE employees are currently afforded with FBOR protections for events and circumstances that occur both on- and off-duty.

Background:

Existing law establishes the Firefighters Procedural Bill of Rights Act (FBOR) which prescribes rights and due process protections relating to political activity, interrogation, punitive action, and administrative appeals. (Government Code §§ 3250 et seq.)

For the purposes of FBOR, “firefighter” is defined as a firefighter employed by a public agency, including, but not limited to, any firefighter who is a paramedic or emergency medical technician (EMT), irrespective of rank. However, “firefighter” does not include a public safety officer (protected under the Public Safety Procedural Bill of Rights) or an inmate of a state or local correctional agency who performs firefighting or related duties. (GC § 3251(a).)

The FBOR provides, among other provisions, for specific rights when any firefighter is under investigation and subjected to interrogation by his or her commanding officer, or any other member designated by the employing department or licensing or certifying agency, that could lead to punitive action, as follows:

• To be questioned on duty at a reasonable hour.
• To be informed in advance of the interrogation who will be investigating the charges.
• To be informed of the nature of the investigation prior to the interrogation.
• To be questioned without offensive language or threatened with punitive action.
• To be provided with a formal grant of immunity from criminal prosecution before being compelled to respond to incriminating questions, as specified.
• To have access to the recordings and transcripts of the proceedings.
• To be informed of his or her constitutional rights.
• To have representation.
• To appeal any discipline through a process conforming to the Administrative Procedures Act or local grievance arbitration appeals process.
• To review and sign any adverse personnel comment prior to its inclusion in the personnel file.
• To submit a reply to the personnel comment.
• To refuse a lie detector test. (GC §§ 3253-3257.)

Existing law provides that the rights and protections provided under the FBOR only apply to a firefighter during events and circumstances involving the performance of his or her official duties. (GC § 3262.)

This bill seeks to extend the existing due process protections under the FBOR for all firefighters to cover events and circumstances that give rise to “disciplinary cause” pursuant to the EMS Act. Through this extension, the protections of FBOR for all firefighters would be expanded to include the events and circumstances enumerated under the EMS Act, irrespective of whether the events occur on- or off-duty.

Proposed Law:

This bill extends the existing rights and protections under FBOR for all firefighters, including firefighter EMTs, to include events and circumstances giving rise to “disciplinary cause” under HSC § 1798.200 of the Emergency Medical Services System and the Pre-hospital Emergency Medical Care Personnel Act (EMS Act). “Disciplinary cause,” pursuant to the EMS Act is defined to cover the following acts that are considered substantially related to the qualifications, functions, and duties of an EMT, and is evidence of a threat to the public health and safety:

• Fraud in the procurement of any EMT certificate or license.
• Gross negligence.
• Repeated negligent acts.
• Incompetence.
• The commission of any fraudulent, dishonest, or corrupt act that is substantially related to the qualifications, functions, and duties of pre-hospital personnel.
• Conviction of any crime which is substantially related to the qualifications, functions, and duties of pre-hospital personnel.
• Violating or attempting to violate directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, any provision of this division or the regulations adopted by the authority pertaining to pre-hospital personnel.
• Violating or attempting to violate any federal or state statute or regulation that regulates narcotics, dangerous drugs, or controlled substances.
• Addiction to, the excessive use of, or the misuse of, alcoholic beverages, narcotics, dangerous drugs, or controlled substances.
• Functioning outside the supervision of medical control in the field care system operating at the local level, except as authorized by any other license or certification.
• Demonstration of irrational behavior or occurrence of a physical disability to the extent that a reasonable and prudent person would have reasonable cause to believe that the ability to perform the duties normally expected may be impaired.
• Unprofessional conduct exhibited by any of the following:
  • The mistreatment or physical abuse of any patient resulting from force in excess of what a reasonable and prudent person trained and acting in a similar capacity while engaged in the performance of his or her duties would use if confronted with a similar circumstance.
  • The failure to maintain confidentiality of patient medical information, except as disclosure is otherwise permitted or required by law.
  • The commission of any sexually-related offense, as specified.

Related Legislation:

AB 651 (Cooper) 2015 would allow a peace officer or firefighter to have a representative present when questioned by his or her employer regarding the investigation of another peace officer or firefighter, if that interview may result in punitive action against the officer who is not formally under investigation, when representation is mutually agreed upon, as specified. This bill is pending hearing in the Senate Committee on Public Safety.

Prior Legislation: AB 2331 (Skinner) Chapter 465/2010 provided that under FBOR, if an employing department is subject to an MOU that provides for binding arbitration of administrative appeals, the arbitrator or arbitration panel serves as the hearing officer in accordance with the Administrative Procedures Act and that hearing officer’s decision is binding.

AB 220 (Bass) Chapter 591/2007 enacted the FBOR, which prescribes rights to firefighters relating to political activity, interrogation, punitive action, and administrative appeals.

AB 2857 (Bass) 2006 would have expanded the Public Safety Procedural Bill of Rights to apply to firefighters, as specified. This bill was held on the Suspense File of the Assembly Committee on Appropriations.

AB 1411 (Longville) 2000 was nearly identical to AB 220 noted above. This bill was held on the Suspense File of this Committee.

-- END --

SENATE JUDICIARY COMMITTEE

Senator Hannah-Beth Jackson, Chair

2015-2016 Regular Session

Bill No: SB 1163 (Author:Leno)

Version: March 28, 2016

Hearing Date: April 5, 2016

Fiscal: Yes

Urgency: No

Consultant: TMW

SUBJECT

Firefighters: rights and protections

DESCRIPTION

This bill would extend the existing rights and protections under the Firefighters Procedural Bill of Rights (FBOR) of a firefighter who is a paramedic or emergency medical technician (EMT firefighter) to events and circumstances giving rise to disciplinary cause of the EMT firefighter pursuant to the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act (EMS Act).

BACKGROUND

The EMS Act provides for the licensure of paramedics (EMT-P) and certification of emergency medical technicians (EMT-I, EMT-II) (collectively, EMTs). The EMS Act specifies due process requirements when a licensing or certifying entity, relevant employer, or local emergency services agency (LEMSA) is investigating or implementing any action for disciplinary cause against EMTs. Due process procedures are followed pursuant to the Administrative Procedures Act. However, EMT firefighters qualify for enhanced rights and due process protections under the FBOR when a relevant employer is investigating or disciplining the EMT firefighter.

The FBOR was enacted by AB 220 (Bass, Chapter 591, Statutes of 2007) and prescribes rights to firefighters relating to political activity, interrogation, punitive action, and administrative appeals. The FBOR defines “firefighter” to mean any firefighter employed by a public agency, including, but not limited to, any firefighter who is an EMT, irrespective of rank, excluding inmates, probationary employees, and public safety officers. The FBOR also specifies procedures to be followed whenever a firefighter is subject to investigation and interrogation for alleged misconduct which may result in punitive action, such as dismissal, demotion, suspension, salary reduction, written reprimand, transfer, or even temporary reassignment. A firefighter can bring suit in superior court for alleged violations of the FBOR and obtain appropriate injunctive or other extraordinary relief to remedy the violation and to prevent future violations.

In order to clarify the rights and due process protections applicable in proceedings involving licensing and certification of EMT firefighters, this bill would extend FBOR protections to investigations and disciplinary actions initiated under the EMS Act.

CHANGES TO EXISTING LAW

Existing law, the Firefighters Procedural Bill of Rights Act (FBOR), prescribes rights to firefighters relating to political activity, interrogation, punitive action, and administrative appeals. (Gov. Code Sec. 3250 et seq.) The FBOR defines “firefighter” to mean 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, but does not include public safety officers or state or local correctional agency inmates who perform firefighting or related duties. (Gov. Code Sec. 3251(a).) The FBOR also defines “punitive action” to mean any action that may lead to dismissal, demotion, suspension, reduction in salary, written reprimand, or transfer for purposes of punishment. (Gov. Code Sec. 3251(c).)

Existing law provides, among others, the following specific rights to firefighters:

• to be questioned on duty at a reasonable time (Gov. Code Sec. 3253(a));
• to know who will be investigating the charges (Gov. Code Sec. 3253(b));
• to know the nature of the investigation and the specific charges (Gov. Code Sec. 3253(c));
• to be questioned without offensive language or threatened with punitive action (Gov. Code Sec. 3253(e)(i));
• to record all proceedings and request transcripts of the proceedings (Gov. Code Sec. 3253(g));
• to representation (Gov. Code Sec. 3253(i));
• to be reassigned only to another normal department job during any investigation (Gov. Code Sec. 3253(j));
• to appeal any discipline through a process conforming to the Administrative Procedures Act (APA) or local grievance arbitration appeals process (Gov. Code Sec. 3254(b));
• to review and sign any adverse personnel comment before it is added to the personnel file (Gov. Code Sec. 3255);
• to submit a reply to the personnel comment (Gov. Code Sec. 3256); and
• to refuse a lie detector test (Gov. Code Sec. 3257).

Existing law makes the FBOR due process protections only applicable to a firefighter during events and circumstances involving the performance of his or her official duties. (Gov. Code Sec. 3262.)

Existing law, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act (EMS Act), provides for the licensing of a paramedic (EMT-P) and certification of an emergency medical technician (EMT-I or EMT-II). (Health & Saf. Code Sec. 1797 et seq.)

Existing law authorizes the medical director of the local emergency services agency (LEMSA), after consultation with the employer of an EMT-I or EMT-II, to temporarily suspend, prior to a hearing, any EMT-I or EMT-II certificate or both EMT-I and EMT-II certificates upon a determination that both of the following conditions have been met: (1) the certificate holder has engaged in acts or omissions that constitute grounds for revocation of the EMT-I or EMT-II certificate; and (2) permitting the certificate holder to continue to engage in the certified activity without restriction would pose an imminent threat to the public health or safety. (Health & Saf. Code Sec. 1798.200(a)(4).)

Existing law authorizes the Emergency Medical Services Authority (Authority) to deny, suspend, or revoke any EMT-P license issued under the EMS Act or place any EMT-P license or licenseholder on probation upon the finding by the director of the occurrence of an action, as specified, considered evidence of a threat to the public health and safety, and proceedings against the EMT-P license or licenseholder are required to be held in accordance with the APA. (Health & Saf. Code Sec. 1798.200(b).)

Existing law authorizes an employer of an EMT to conduct investigations, as necessary, and take disciplinary action, which may include denial, suspension, or revocation of a license or certificate, against the EMT employee for the following conduct, which are considered evidence of a threat to the public health and safety:

• fraud in the procurement of any EMT I or II certificate or EMT-P license;
• gross negligence;
• repeated negligent acts;
• incompetence;
• the commission of any fraudulent, dishonest, or corrupt act that is substantially related to the qualifications, functions, and duties of prehospital personnel;
• conviction of any crime which is substantially related to the qualifications, functions, and duties of prehospital personnel; the record of conviction or a certified copy of the record shall be conclusive evidence of the conviction;
• violating or attempting to violate directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, any provision of the EMS Act or regulations adopted by the Authority pertaining to prehospital personnel;
• violating or attempting to violate any federal or state statute or regulation that regulates narcotics, dangerous drugs, or controlled substances;
• addiction to, the excessive use of, or the misuse of, alcoholic beverages, narcotics, dangerous drugs, or controlled substances;
• functioning outside the supervision of medical control in the field care system operating at the local level, except as authorized by any other license or certification;
• demonstration of irrational behavior or occurrence of a physical disability to the extent that a reasonable and prudent person would have reasonable cause to believe that the ability to perform the duties normally expected may be impaired; and
• unprofessional conduct exhibited by the mistreatment or physical abuse of any patient, as specified, the failure to maintain confidentiality of patient information, or the commission of any sexually related offense, as specified. (Health & Saf. Code Sec. 1798.200(c).)

Existing law requires a LEMSA to decide, within 15 calendar days, whether to serve an EMT-I or EMT-II certificate holder with an accusation pursuant to the APA. (Health & Saf. Code Sec. 1798.200(a)(5).)

Existing law defines “disciplinary cause” to mean an act that is substantially related to the qualifications, functions, and duties of an EMT-I, EMT-II, or EMT-P and is evidence of a threat to the public health and safety. (Health & Saf. Code Sec. 1798.200(e).)

Existing law, the APA, requires an accusation to be a written statement of charges setting forth in ordinary and concise language the acts or omissions with which the respondent is charged, to the end that the respondent will be able to prepare his or her defense, and requires the accusation to specify the statutes and rules that the respondent is alleged to have violated. (Gov. Code Sec. 11503(a).)

This bill would extend to EMT firefighters the FBOR rights and due process protections to events and circumstances giving rise to disciplinary cause under the EMS Act.

This bill would make various related legislative findings and declarations.

COMMENT

1. Stated need for the bill

The author writes:

As enacted, FBOR included a limiting clause, which applies its due process protections only in those events and circumstances involving the performance of a firefighter’s official duties. While those certifying and licensing entities are also bound by FBOR, the EMS Act in the Health and Safety Code reviews and disciplines an EMS professional for an act that is “substantially related to the qualifications, functions, and duties of an EMT-I, EMT-II, or EMT-P and is evidence of a threat to the public health and safety...” This small variation in the language of the two statutes may result in a small subset of offenses that may rise to the level of disciplinary cause under the EMS Act but the firefighter would not have access to the procedural protections of the FBOR.

This bill will amend [FBOR] to ensure that a firefighter-EMT or paramedic is afforded their due process in a consistent manner. When providing lifesaving services, firefighters and emergency medical personnel execute numerous job safety procedures and protocols, which have the potential of being compromised in a highly charged atmosphere of critical incident stressors. Consequently, firefighters can be subjected to inquiries, investigations and interrogations that may ultimately lead to punitive action, such as transfers, demotions or suspensions. SB 1163 will harmonize the provisions of the FBOR to align more closely with the provisions of the EMS Act, thereby ensuring that if a firefighter is subject to discipline on the job, he or she will in fact be protected by the due-process procedures contained in the FBOR in all circumstances.

2. Extending FBOR due process protections to disciplinary actions affecting EMT firefighter licensing and certification

Under the FBOR, firefighters, including paramedics and emergency services technicians employed as firefighters, have enhanced rights and due process protections regarding investigations and disciplinary actions similar to those provided to public safety officers under the Public Safety Officers Procedural Bill of Rights. (Gov. Code Sec. 3250 et seq.) Separately, paramedics and emergency services technicians are also subject to investigations and disciplinary actions under the EMS Act, and those disciplinary actions may evoke licensing or certifications denial, revocation, or suspension.

However, the EMS Act does not explicitly provide the following protections provided to firefighters who are subject to EMT license or certificate suspension or revocation:

• right to representation;
• right to know who will be investigating the charges;
• right to be questioned in a reasonable manner and not be subject to bullying;
• right to refuse a lie detector test;
• right to be questioned on duty;
• right to be reassigned only to another normal department job during any investigation;
• right to review and sign any adverse personnel comment before it is added to the personnel file; and
• right to submit a reply to the personnel comment.

Accordingly, this bill would extend the rights and due process protections under the FBOR to apply to investigations and disciplinary actions against EMT firefighters initiated under the EMS Act.

The author argues that employers of EMT firefighters and local emergency medical services agencies (LEMSAs), which license and certify EMT firefighters, are construing the protections under the FBOR to only apply when the firefighter is “on duty.” On the other hand, the author notes that the EMS Act enumerates a long list of “off-duty” conduct that subjects an EMT firefighter to punitive licensing or certification discipline if the licensing or certifying entity claims that the conduct is substantially related to the qualifications, functions, and duties of the EMT and considered evidence of a threat to public safety. The California Professional Firefighters (CPF), sponsor, argues that, as a result, “while EMT-certifying and EMT-P licensing entities are bound by the FBOR in most instances, the difference in the language of the FBOR clause related to disciplinary cause as compared to the EMS Act results in a small subset of offenses that may rise to the level of disciplinary cause for which the firefighter is not granted access to the FBOR procedural protections.” The author argues that this bill is necessary to ensure the uniform application of FBOR due process protections when the EMT firefighter is subject to punitive certification or licensure action in job-related circumstances.

The author provides the following examples of off-duty conduct that could subject an EMT firefighter to licensing or certification disciplinary action:

• a complaint is filed with a licensing or certifying entity alleging that a paramedic or EMT is overdue on child support payments;
• a complaint is filed alleging that a paramedic or EMT was involved in a domestic dispute;
• a complaint is filed alleging the EMT was displaying signs of addiction to pain medication prescribed for a job-related injury; or
• an employer is notified that an EMT or Paramedic was cited for a DUI.

The author argues that EMT firefighters all too often respond to the bad and the very ugly. Consequently, the author states that “the psychological stress of firefighting can follow a firefighter when their 24 hour or 48 hour shift is over. Firefighters regularly respond to stabbings, gun battles and shootings, domestic violence and terrorist acts, automobile accidents, airplane crashes and earthquakes, just to name a few. They witness young children dying and grieving families. At the same time, they are often bled or vomited on and it isn’t uncommon for them to be cursed at by the individual they are attempting to help. While most survive the stressors of the job, sadly, some see the stress manifest itself as emotional trouble or prescription drug and alcohol abuse when off-duty. In other, graver cases, the stress endured leads to suicide.”

CPF notes that the rights and protections described in the FBOR apply to a firefighter during events and circumstances involving the performance of his or her official duties. However, in the above described circumstances where the behaviors took place off-duty, the licensing or certifying entity may choose to investigate the behavior and consider punitive action against the license or certificate. The author argues that such investigations are not strictly required to abide by the procedural rules found in the FBOR due to the discrepancy between the scope of the FBOR and the scope of the EMS ACT. Yet, any certification or licensure action taken against an EMT firefighter for off-duty conduct will directly impact the status of that firefighter on the job where certification or licensure in good standing is required.

Accordingly, the author argues the bill is necessary to ensure that, whenever an EMT firefighter may be subject to punitive action that will impact his or her ability to perform job-related duties, the procedural protections of the FBOR would apply so investigations into alleged wrong-doing are conducted fairly and credibly. In this way, the author argues that appropriate discipline may be imposed and sustained, minimizing the risk that the employer or licensing entity will face any future liability and protecting potential future victims.

Notably, the California Code of Regulations, promulgated by the Emergency Medical Services Authority, requires all investigations involving EMTs who are employed by a public safety agency as a firefighter to be conducted in accordance with the FBOR. (Cal. Code Regs., tit. 22, Sec. 100211(b).) Yet, those regulations only apply FBOR rights and protections to a firefighter during events and circumstances involving the performance of his or her official duties, leaving out events and circumstances affecting the licensing or certification of the EMT firefighter. (Cal. Code Regs., tit. 22, Sec. 10211(a).) In order to avoid confusion as to the applicability of the special protections the Legislature has already enacted under the FBOR to protect EMT firefighters, this bill would clarify that FBOR rights and due process protections also apply to investigations and disciplinary actions brought pursuant to the EMS Act, which includes those investigations and disciplinary actions affecting the licensing and certification of EMT firefighters.

3. Opposition concerns

The Emergency Medical Services Administrators Association (EMSAAC) and the Emergency Medical Directors Association of California, Inc. (EMDAC), in opposition, state that this bill would expand FBOR coverage to off-duty criminal arrests and convictions, as well as actions that occur when a firefighter is employed for a non-public safety agency, such as a hospital or ambulance service. The opposition argues that this expansion of FBOR to off-duty acts would diminish the ability of local EMS agency medical directors and the State EMS Authority to protect the public health and safety.

Further, the opposition states that the majority of off-duty acts involve criminal convictions such as driving under the influence, drug use, and domestic violence. The opposition asserts that the timelines required by the FBOR may preempt certifying and licensing agencies from being able to take action due to the length of time required for some criminal proceedings to be complete. The opposition also notes that, as the recent investigation of the Cal Fire Academy in Ione has made clear, the off-duty actions of firefighter paramedics and EMTs may pose significant threats to public health and safety. The opposition argues that the local EMS agency medical directors must have the ability to protect patients that they believe SB 1163 erodes.

Lastly, the opposition notes that they were opposed to AB 220 which created the FBOR due to the inclusion of licensing and certifying agencies within the legislation. Amending SB 1163 to remove all references to licensing and certifying agencies from FBOR would resolve EMSAAC’s and EMDAC’s concerns with the bill.

Support: LIUNA Local 792; Orange County Professional Firefighters Association, Local 3631

Opposition: Emergency Medical Directors Association of California, Inc.; Emergency Medical Services Administrators Association

HISTORY

Source: California Professional Firefighters

Related Pending Legislation: AB 651 (Cooper, 2015) would authorize a firefighter or public safety officer who is a witness to have representation in the interview, as specified, in an investigation that focuses on matters that may result in punitive action against the firefighter or public safety officer who is not formally under investigation but is interviewed as a witness in an investigation of another firefighter or public safety officer. AB 651 is pending in the Senate Public Safety Committee.

Prior Legislation:

AB 2331 (Skinner, Chapter 465, Statutes of 2010) provided that, under the Firefighters Procedural Bill of Rights Act, if an employing department is subject to a memorandum of understanding that provides for binding arbitration of administrative appeals, the arbitrator or arbitration panel serves as the hearing officer in accordance with the Administrative Procedure Act and, notwithstanding any other provision, that hearing officer’s decision is binding.

AB 220 (Bass, Chapter 591, Statutes of 2007) See Background; Comment 3.

AB 2857 (Bass, 2006) would have expanded the Public Safety Officers Procedural Bill of Rights to apply to firefighters, as specified. AB 2857 died in the Assembly Appropriations Committee.

AB 1411 (Longville, 2000) was almost identical to AB 220. AB 1411 died in the Senate Appropriations Committee.

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