AB 2538: Department of Forestry and Fire Protection: seasonal firefighters.

The California Constitution establishes certain conditions of employment for state officers and employees. The California Constitution further permits a temporary appointment to be made to a state position if there is not an employment list, and prohibits a person from serving under the position of temporary appointment for longer than 9 months in 12 consecutive months.

Existing law establishes that it is the policy of the state that the normal workweek of permanent employees in fire suppression classes of the Department of Forestry and Fire Protection (CAL-FIRE) not exceed 84 hours per week. Existing law authorizes work in excess of the designated normal workweek to be compensated in cash or time off in accordance with department regulations.

This bill would require the Department of Human Resources, the State Personnel Board, and any other relevant state agency to take the necessary actions to ensure that CAL-FIRE may employ seasonal firefighters for longer than 9 months in a consecutive 12-month period to confront emergency fire conditions and personnel shortages. The bill would require the Director of Forestry and Fire Protection, in any consecutive 12-month period, to make a determination about current staffing levels for firefighters, as prescribed, and would require Cal-FIRE to employ seasonal firefighters through the use of an employment list. The bill would require CAL-FIRE to notify specified legislative committees and the Legislative Analysts Office within 30 days of the directors determination. The bill would require CAL-FIRE, beginning January 1, 2025, to work with the Department of Human Resources to implement these changes. The bill would also require the Legislative Analysts Office to provide a report to the Legislature that assesses the impacts and outcomes of the new authority, as specified. The bill would repeal these provisions on January 1, 2031.