Principles for Public Safety Employment

i. The Accusation If an agency imposes a punitive action (as defined by the FBOR), and the firefighter notifies the agency that he or she seeks to appeal the action, then the agency must serve a document called an “Accusation.” It is a written statement of charges setting forth in ordinary and concise language the acts or omissions with which the firefighter is charged. 283 LCW Practice Advisor Some punitive actions not having a disciplinary purpose may not involve charges against the firefighter. An agency’s administrative appeal

procedure should account for such possibilities and the Accusation should be prepared with assistance from legal counsel.

According to the FBOR, the Accusation must specify the statutes and rules which the firefighter is alleged to have violated. 284 The allegations in the Accusation must identify the facts forming the basis of the charges specifically enough to allow the firefighter to secure evidence and

witnesses to refute the charges. 285 LCW Practice Advisor

If the punitive action is a disciplinary action for which a notice of discipline has already been prepared, the notice of discipline may be used in preparing the Accusation since most of the information required to be included in the Accusation is already included in a notice of discipline.

The Accusation must be verified unless made by a public officer acting in his official capacity (i.e., the Fire Chief or administrative staff) or by an employee of the agency before which the appeal hearing is to be held (e.g., the City Manager). 286 The verification may be based on information and belief rather than personal knowledge. 287 The Accusation must be served on the firefighter with or accompanied by the following documents:  A postcard or form entitled “Notice of Defense” ─ when signed by or on behalf of the firefighter and returned to the agency, this form acknowledges service of the Accusation and constitutes a Notice of Defense.  A Statement to Respondent (see below).  Copies of Government Code sections 11507.5-11507.7 pertaining to discovery rights under the APA. 288 ii. Statement to Respondent The Statement to Respondent advises the firefighter (aka Respondent) of his or her right to a hearing. The Statement may be included in the Accusation or accompany it. Specifically, the Statement of Respondent must advise the firefighter that he/she may request a hearing by filing a Notice of Defense as provided in Government Code section 11506 within 15 days after service

Principles for Public Safety Employment ©2022 (s) Liebert Cassidy Whitmore 94