Effective January 1, 2011, the Firefighters’ Procedural Bill of Rights Act (California Government Code §§3250-3262) will be amended with the implementation of AB 2331.  That bill, introduced by Assembly Member Nancy Skinner (14^th Ass. Dist.), modifies in part the provisions regarding appeals from disciplinary actions.

Since its implementation in 2008, FBOR mandated that an administrative appeal instituted by a firefighter be conducted in conformance with rules and procedures adopted by the employing department or licensing or certifying agency that were in accordance with specified provisions of the Administrative Procedure Act (California Government Code §§11500, et. seq.)  Effective January 1, 2011, if the employing department is subject to a memorandum of understanding that provides for binding arbitration of administrative appeals, the arbitrator or arbitration panel shall serve as the hearing officer in accordance with the Administrative Procedure Act and notwithstanding any other provision that hearing officer's decision shall be binding.

The bill, however, maintains unchanged the process for administrative appeals instituted with licensing or certifying agencies. 

Effective January 1, 2011, Section 3254.5 of the Government Code is amended by the addition of subparagraph (b), and will read as follows: 

3254.5. (a) An administrative appeal instituted by a firefighter under this chapter shall be conducted in conformance with rules and procedures adopted by the employing department or licensing or certifying agency that are in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2. 

(b) Notwithstanding subdivision (a), if the employing department is subject to a memorandum of understanding that provides for binding arbitration of administrative appeals, the arbitrator or arbitration panel shall serve as the hearing officer in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 and notwithstanding any other provision that hearing officer's decision shall be binding. However, a memorandum of understanding negotiated with an employing agency shall not control the process for administrative appeals instituted with licensing or certifying agencies. Any administrative appeal instituted with licensing or certifying agencies shall adhere to the requirements prescribed in subdivision (a). 

Anyone having any questions about the new provision of FBOR and its effects is invited to contact us at 310-393-1486.