Enactment of the Firefighters Procedural Bill of Rights Act in 2007
In 2007, the California Legislature adopted Assembly Bill 220 enacting the Firefighters Procedural Bills of Rights Act (“FPBRA”), which guarantees various legal rights to California firefighters. The FBOR is codified at Government Code sections 3250 – 3262 and establishes specific procedural requirements for administrative investigations and discipline of firefighters.
The FBOR is largely modeled on the Public Safety Officers Procedural Bill of Rights Act (“PSOPBRA”), which is codified at Government Code sections 3300-3312 and was first enacted nearly 35 years ago in 1976. The Legislative Counsel’s Digest for Assembly Bill 220 speaks to the relatedness between the PSOPBRA and the FPBRA by expressly referencing the PSOPBRA in its opening paragraph.
Legislative Developments Since the Passage of the Act
On September 30, 2010, Governor Schwarzenegger signed Assembly Bill 2331 into law, which amends the Firefighters Procedural Bill of Rights Act to permit appeals procedures that are agreed upon between labor organizations and fire agencies as a part of the collective bargaining process, such as private arbitration.
This legislation amending the firefighter appeals procedure requirements contained in the FBOR was sponsored by the California Professional Firefighters (CPF).
Performance of Official Duties
The rights and protections of the FPBRA apply to a firefighter during events and circumstances involving the performance of his or her official duties.
The FPBRA makes unlawful at Government Code section 3260, subpart (a), the denial or refusal to any firefighter the rights and protections guaranteed by the FPBRA.