Principles for Public Safety Employment

Section 3251: This section defines the terms “firefighter”, “public agency”, and “punitive action” for the purposes of the FBOR. A “firefighter” is any firefighter employed by a public agency, irrespective of rank, including firefighters who are paramedics or emergency medical technicians. This section states that the FBOR does not apply to any employee who has not successfully completed the probationary period established as a condition of employment. “Punitive action” means any action that may lead to dismissal, demotion, suspension, reduction in salary, written reprimand, or transfer for purposes of punishment. Section 3252: This section both protects and restricts a firefighter’s ability to engage in political activity, and this section also states that a firefighter may not be prohibited from serving on a school district board. Section 3253: This section sets forth the conditions that apply whenever a firefighter is under investigation and subject to interrogation by his/her employing department or a licensing agency which may lead to “punitive action.” Below is a highlight of some of the conditions which apply to administrative interrogations. Please refer to Government Code section 3253 for the complete language.  The interrogation must be conducted at a reasonable hour at a time when the

firefighter is on duty, unless an imminent threat to public safety requires otherwise. If the firefighter is interrogated while he is off duty, then he will be paid for his time.  The firefighter must be informed of the rank and name of the command officer or other person in charge of the interrogation, the interrogating officer(s), and all other persons to be present during the interrogation.  Only two interrogators may ask questions during an interrogation.  The firefighter must be informed of the nature of the investigation prior to any interrogation.  An interrogation session must be for a reasonable time taking into consideration the gravity and complexity of the issue being investigated.  A firefighter being interrogated may not be subject to offensive language or threatened with punitive action. The employer must provide a firefighter with a formal grant of immunity from criminal prosecution before the firefighter may be compelled to respond to incriminating questions in an interrogation. After the immunity is given, the employer may advise a firefighter refusing to respond to questions that failure to answer questions directly related to the investigation or interrogation may result in punitive action.  An employer cannot cause a firefighter under investigation to be subjected to visits by the media without his/her express consent nor shall his/her photograph, home address, telephone number, or other contact information be given to the news media without his/her express consent.

Principles for Public Safety Employment ©2022 (s) Liebert Cassidy Whitmore 31