Firefighters Procedural Bill of Rights Act: Department of Forestry and Fire Protection: temporary appointments.

Existing law, the Firefighters Procedural Bill of Rights Act, grants certain employment rights to firefighters, as defined. Under the act, when a firefighter is investigated and interrogated by the firefighter's commanding officer, or another member of the employing agency, on matters that could lead to punitive action, the interrogation must be conducted pursuant to certain requirements. The act defines "punitive action" for these purposes as any action that may lead to dismissal, demotion, suspension, reduction in salary, written reprimand, or transfer for purposes of punishment. Existing law excepts from the act any employee who has not successfully completed the probationary period established by the employee's employer as a condition of employment. The act prohibits taking punitive actions if the investigation of the allegation is not completed within one year of discovery by the employing fire department. Existing law authorizes the State Personnel Board to hold hearings and make investigations concerning all matters relating to the enforcement and effect of the state civil service and various related personnel issues. This bill would include within the definition of "firefighter" a temporary, seasonal firefighter employed by the Department of Forestry and Fire Protection. The bill would apply the Firefighters Procedural Bill of Rights Act to an employee of the Department of Forestry and Fire Protection who holds a temporary firefighter appointment and who has commenced employment in a 2nd consecutive fire season with the department even though the person holding the position does not serve a probationary period. Under the bill, if an investigation involves a Department of Forestry and Fire Protection employee holding a temporary appointment to a firefighter position, the above-described one-year period would be tolled during the period that the employee is not employed by the department until the date the employee is rehired for a subsequent fire season. The bill would prohibit a Department of Forestry and Fire Protection employee holding a temporary appointment to a firefighter position from being terminated for cause without a right to appeal the termination to the State Personnel Board, subject to the board's rules, and the would prescribe a process in this regard. Under the bill, if the board finds that cause for termination was not supported by a preponderance of the evidence or that the termination was made in bad faith, the employee would be entitled to reinstatement, as specified, but would not be entitled to back pay. The bill would prohibit these provisions from being construed to create a property interest in a temporary appointment to a firefighter position or to a permanent position. The bill would authorize the State Personnel Board to held hearings and investigations for these purposes.