Principles for Public Safety Employment

investigation and notify the subject firefighter of any proposed disciplinary action within this one year limitations period subject to certain exceptions .  If, after an investigation and the receipt of a firefighter’s pre-disciplinary response, a firefighter intends to impose discipline, the employer must notify the firefighter in writing of the nature of the discipline and when it will be imposed within 30 days of its decision, but not less than 48 hours prior to imposing the discipline. Section 3254.5: This section states that an administrative appeal instituted by a firefighter under the FBOR shall be conducted in conformance with rules and procedures adopted by the employing fire department or licensing or certifying agency that are in accordance with Chapter 5 of the Administrative Procedures Act. A recent amendment to this section, effective January 1, 2011, states that if the employing fire department is subject to a memorandum of understanding which provides for binding arbitration of administrative appeals, the arbitrator or arbitration panel shall serve as the hearing officer for in accordance with the Administrative Procedures Act and the hearing officer’s decision shall be binding. Section 3255: This section requires that a firefighter have an opportunity to read and sign any instrument entered into his or her personnel file “or any other filed used for any personnel purposes by his employer” that contains an adverse comment. Section 3256: This section gives a firefighter 30 days to respond to any adverse comment entered into his personnel file. The section further provides that the response shall be attached to the adverse comment. Section 3256.5: This section allows a firefighter to inspect his or her personnel file with no loss in compensation. The section further provides that a firefighter has the right to make a written request to have any mistaken or unlawfully entered information removed from his or her file. The employer must respond to such a request within 30 calendar days and either grant the request or notify the firefighter of the decision and reasons refusing the request. Section 3257: This section gives a firefighter the right to refuse to take a polygraph examination for any reason. Section 3258: This section protects a firefighter from having to disclose information pertaining to his or her personal finance unless the information is required to be furnished under state law or pursuant to a court order. Section 3259: This section states that a firefighter’s locker, or other storage space assigned to him, may not be searched except in his/her presence or with his/her consent. The two exceptions to the presence/consent requirement are when a valid search warrant has been obtained or where the firefighter has been notified that a search will be conducted. Section 3260: This section confers initial jurisdiction with the superior court for any proceeding brought by any firefighter against any employing department for alleged violations of the FBOR. This section permits a superior court to render injunctive relief prohibiting an employer from

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