| Volunteer Rights and Protections |
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The Firefighter Bill of Rights
AB 220 provides the following protections to Volunteer Firefighters. The entire bill can be read here.
1. Protects firefighters, EMT-Ps and EMTs against being prohibited from engaging in or being required to engage in political activity or from being prohibited from serving as a board member of a school district or local agency where they are not employed.
2. Requires the following when firefighters, EMT-Ps and EMTs are under investigation or subject to interrogation:
a. Interrogation must occur at a reasonable hour on duty and if conducted off-duty, the firefighter, EMT-P or EMT must be compensated for that time and cannot be punished for missing work due to the interrogation;
b. Prior notification of name, rank and command of the person in charge of the interrogation and the nature of the investigation must be given;
c. Interrogation must be for a reasonable time period with reasonable breaks to attend to any physical needs and must be void of offensive language or threats of punitive action or promise of reward in exchange for information;
d. Prohibits statements made under duress from being admissible in a subsequent judicial proceeding, with specified exceptions;
e. Allows interrogations to be recorded and gives the firefighter, EMT-P or EMT access to the recording, as well as a transcribed copy of the notes made by a stenographer or any reports or complaints made, except those required by law to be kept confidential. Confidential notes cannot be entered into the firefighter’s personnel file;
f. Requires the firefighter, EMT-P or EMT to be informed of his/her constitutional rights if it becomes apparent that he/she may be charged with a criminal offense;
g. Guarantees the right of the firefighter, EMT-P or EMT to have a representative present if an interrogation is likely to result in charges or punitive action;
h. Prohibits the firefighter, EMT-P or EMT from being loaned or reassigned if another member of his/her department would not normally be given the duty under similar circumstances.
3. Protects a firefighter, EMT-P or EMT from being subject to punitive action for exercising his/her rights under this Act or for any alleged misconduct if the investigation of the allegation is not completed within one year of discovery.
4. Prevents a fire chief from being removed without providing him/her with written notice, the reason or reasons for removal, and an opportunity for administrative appeal.
5. Requires an administrative appeal by the firefighter, EMT-P or EMT to be conducted in conformance with rules and procedures adopted by the local agency consistent with the Administrative Procedures Act (APA).
6. Requires the firefighter, EMT-P or EMT to read and sign any adverse comment before it is entered into his/her personnel file. If he/she refuses to sign a comment, it will be noted and they will be required to initial it.
7. Gives the firefighter, EMT-P or EMT 30 days to submit a written response to an adverse entry in his/her personnel file.
8. Prohibits the firefighter, EMT-P or EMT from being compelled to submit to a lie detector test against his/her will, as well as from being disciplined for refusing to submit to one.
9. Prohibits the firefighter, EMT-P or EMT from being required to disclose financial information unless otherwise required by law or obtained through court order.
10. Prohibits the locker/storage space of a firefighter, EMT-P or EMT from being searched, except under specified conditions.
11. Makes it unlawful to deny a firefighter, EMT-P or EMT the rights guaranteed by the bill.
12. Provides that a malicious violation of the act would subject the employer-agency to a civil penalty of up to $25,000, in addition to actual damages and reasonable attorney's fees.
13. Requires an employer to provide to, and obtain from, an employee a formal grant of immunity from criminal prosecution, in writing, before the employee may be compelled to respond to incriminating questions in an interrogation.
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Did you know that Volunteer Firefighters are protected against job discrimination and/or discipline for responding to emergencies?
In California, no employer can punish a volunteer for taking time off to perform emergency duty. The California Labor Code states
230.3. (a) No employer shall discharge or in any manner discriminate against an employee for taking time off to perform emergency duty as a volunteer firefighter, a reserve peace officer,
or emergency rescue personnel.
(b) Any employee who is discharged, threatened with discharge,demoted, suspended, or in any other manner discriminated against in the terms and conditions of employment by his or her employer because the employee has taken time off to perform emergency duty as a volunteer firefighter, a reserve peace officer, or emergency rescue personnel shall be entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer. Any employer who willfully refuses to rehire, promote, or otherwise restore an employee or former employee who has been determined to be
eligible for rehiring or promotion by a grievance procedure, arbitration, or hearing authorized by law, is guilty of a misdemeanor.
Additionally, volunteers must be provied 14 days a year of temporary leave for training if the employer has 50 or more employees.
230.4. (a) An employee who is a volunteer firefighter, and works for an employer employing 50 or more employees, shall be permitted to take temporary leaves of absence, not to exceed an aggregate of 14 days per calendar year, for the purpose of engaging in fire or law enforcement training.
Federal Law also protections volunteers. The DHS Security Authorization Act was signed into law by President Bush on July 26, 2007. This bill protects volunteers for 14 days and prohibits employers for terminating volunteers during emergencies labeled as federal disasters.
The relevant portion of the bill reads:
H.R. 1684 imposes both an intergovernmental and private-sector mandate, as defined in the Unfunded Mandates Reform Act (UMRA), by prohibiting employers from terminating the employment of volunteer firefighters and volunteer emergency medical personnel providing services in certain emergencies or major disasters. CBO estimates that the cost of the mandate would be well below the annual thresholds established by UMRA ($66 million for intergovernmental mandates and $131 million for private-sector mandates in 2007, adjusted annually for inflation). The act also would create new grant programs that would benefit state, local, and tribal governments and would alter some existing programs.
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