The Public BLAWG

Governor Signs Firefighters Procedural Bill of Rights Act: AB 220

November 2, 2007, by Meyers Nave

The new Firefighter Procedural Bill of Rights Act contains the following key provisions:

  • Protections for certain “political activity”
  • Various protections when firefighters are under investigation, and subject to interrogation
  • No discrimination for exercise of rights under the new Act
  • Right to comment on adverse entries in personnel files
  • Right to inspect personnel files during business hours without loss of compensation
  • Effective January 1, 2008, one year statute of limitation for discipline actions
  • Prohibits requiring lie detector tests
  • Protects certain private information, such as financial information
  • Protects against searches of firefighter lockers and storage spaces
  • Penalties for non-compliance
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January 28, 2010 | 6:57 PM by Stanley Eng (not verified)

re: Governor Signs Firefighters Procedural Bill of Rights Act: A

What affect does the Spielbauer v. County of Santa Clara, 45 Cal 4th 704; 199 P. 3d 1125; 88 Cal. Rptr. 3d 590; 2009 Cal. LEXIS 1010 (February 9, 2009) have on the Firefighter's Procedural Bill of Rights Act, which became effective on January 1, 2008? Government Code Section 3253(e)(1) states "The employer shall 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..." However, the CA Supreme Court's decision in Spielbauer v. County of Santa Clara held that in the context of a non-criminal public employment investigation, the employer is not required to seek, obtain, and confer a formal guarantee of immunity before requiring its employee to answer questions related to an investigation.

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