Fire Fighters Bill of Rights

California Government Code sections 3250 – 3262

Cases

The Firefighters Procedural Bill of Rights Act (“FBOR,” Gov. Code § 3200 et seq.) first became effective on January 1, 2008. The FBOR was closely modeled on the Public Safety Officers Procedural Bill of Rights Act (“POBR,” Gov. Code § 3300 et seq.) enacted in 1976. The Legislative Counsel’s Digest for Assembly Bill 220 speaks to the relatedness between the POBR and the FBOR by expressly referencing the PBOR in its opening paragraph. Therefore, cases interpreting the POBR are persuasive authority as to how courts are likely interpret and apply comparable provisions of the FBOR.

Alhambra Police Officers Ass’n v. City of Alhambra Police Dept.

Year decided: 2003

Court: California Court of Appeal, 2d District – review denied

Citations: 113 Cal.App.4th 1413; 7 Cal.Rptr.3d 432

Holding:

City peace officer could not challenge discipline to which he agreed. Public Safety Officers Procedural Bill of Rights Act did not apply to peace officer’s interview by outside agency. Peace officer was not immune from discipline even though acting as representative of another peace officer under investigation.

Baggett v. Gates

Year: 1982

Court: California Supreme Court

Citations: 32 Cal.3d 128; 185 Cal.Rptr. 232

Holding:

 

Breslin v. City and County of San Francisco

Year: 2007

Court: California Court of Appeal, 1st District

Citations: 146 Cal.App.4th 1064; 55 Cal.Rptr.3d 14

Holding: Rehearing denied.

 

Burden v. Snowden

Year: 1992

Court: California Supreme Court

Citations: 2 Cal.4th 556; 7 Cal.Rptr.2d 531; 828 P.2d 672

Holding:

Legislature did not intend Public Safety Officers Procedural Bill of Rights Act (POBR) to apply to police recruits and civilian trainees of police department because there are real and meaningful distinctions exist between recruits and police officers, city police department did not classify employees as recruits for purposes of avoiding POBR application, police recruits do not exercise peace officers powers, and prior to the enactment of the POBR, the Attorney General had determined that “trainee officers” were not peace officers under former Penal Code § 817, a predecessor to Penal Code § 830 et.seq.

Copley Press, Inc. v. Superior Court

Year: 2006

Court: California Supreme Court

Citations: 39 Cal.4th 1272; 48 Cal.Rptr.3d 183; 141 P.3d 288

Holding:

Denial to press of certain records of peace officer termination appeal before county civil service commission that press requested under the California Public Records Act upheld citing, in part, Peace Officers Bill of Rights § 3304.

California Correctional Peace Officers Assn. v. State of California

Year: 2000

Court: California Court of Appeal, 1st District

Citations: 82 Cal.App.4th 294; 98 Cal.Rptr.2d 302

Holding:

 

County of Riverside v. Superior Court

Year: 2002

Court: California Supreme Court

Citations: 27 Cal.4th 793; 118 Cal.Rptr.2d 167; 42 P.3d 1034

Holding:

 

Crawford v. City of Los Angeles

Year: 2009

Court: California Court of Appeal, 2d District

Citations: 175 Cal.App.4th 249; 95 Cal.Rptr.3d 550

Holding:

 

Department of Finance v. Commission on State Mandates

Year: 2009

Court: California Court of Appeal, 3d District

Citations: 170 Cal.App.4th 1355; 89 Cal.Rptr.3d 93

Holding:

 

Gauthier v. City of Red Bluff

Year: 1995

Court: California Court of Appeal, 3d District

Citations: 34 Cal.App.4th 1441; 41 Cal.Rptr.2d 35

Holding:

City fire chief is not a peace officer within the meaning of the Public Safety Officers Procedural Bill of Rights (“POBR,” Gov. Code § 3300 et seq.). However, since this case was decided in 1995, the Firefighters Procedural Bill of Rights Act (“FBOR”) was enacted effective January 1, 2008, and provides at § 3254, subdivision (c), for certain pre-removal safeguards for fire chiefs.

Gilbert v. City of Sunnyvale

Year: 2005

Court: California Court of Appeal, 6th District

Citations: 130 Cal.App.4th 1264; 31 Cal.Rptr.3d 297

Holding:

 

Giuffre v. Sparks

Year: 1999

Court: California Court of Appeal, 5th District – review denied

Citations: 76 Cal.App.4th 1322; 91 Cal.Rptr.2d 171

Holding:

 

Jackson v. City of Los Angeles

Year: 2003

Court: California Court of Appeal, 2d District

Citations: 111 Cal.App.4th 899; 4 Cal.Rptr.3d 325

Holding: Review denied.

 

James v. City of Coronado

Year: 2003

Court: California Court of Appeal, 4th District – rehearing denied, review denied

Citations: 106 Cal.App.4th 905; 131 Cal.Rptr.2d 85

Holding:

 

Los Angeles Police Protective League v. City of Los Angeles

Year: 1995

Court: California Court of Appeal, 2d District

Citations: 35 Cal.App.4th 1535; 42 Cal.Rptr.2d 23

Holding:

 

Lozada v. City and County of San Francisco

Year: 2006

Court: California Court of Appeal, 1st District

Citations: 145 Cal.App.4th 1139; 52 Cal.Rptr.3d 209

Holding:

 

McMahon v. City of Los Angeles

Year: 2009

Court: California Court of Appeal, 2d District

Citations: 172 Cal.App.4th 1324; 92 Cal.Rptr.3d 68

Holding:

 

Moore v. City of Los Angeles

Year: 2007

Court: California Court of Appeal, 2d District

Citations: 156 Cal.App.4th 373; 67 Cal.Rptr.3d 218

Holding:

 

Mounger v. Gates

Year decided: 1987

Court: California Court of Appeal, 2d District – review denied

Citations: 193 Cal.App.3d 1248; 239 Cal.Rptr. 18

Holding:

City peace officer was not required to exhaust administrative remedies before seeking injunctive and declaratory relief under Peace Officers Procedural Bill of Rights Act. Holding distinguished in Zazueta v. County of San Benito (1995) 38 Cal.App.4th 106. See also Lozada v. City and County of San Francisco (2006) 145 Cal.App.4th 1139, regarding compliance with the Government Tort Claim Act.

Melkonians v. Los Angeles County Civil Service Com’n

Year: 2009

Court: California Court of Appeal, 2d District

Citations: 174 Cal.App.4th 1159; 95 Cal.Rptr.3d 415

Holding: Review denied

 

Nowotny v. Johnson

Year: 2007

Court: United States Court of Appeals, Ninth Circuit

Citations: 226 Fed.Appx. 705

Holding: Unreported.

 

Parra v. City and County of San Francisco

Year: 2006

Court: California Court of Appeal, 1st District

Citations: 144 Cal.App.4th 977; 50 Cal.Rptr.3d 822

Holding:

 

Perez v. City of Los Angeles

Year: 2008

Court: California Court of Appeal, 2d District

Citations: 167 Cal.App.4th 118; 83 Cal.Rptr.3d 821

Holding:

 

Riveros v. City of Los Angeles

Year: 1996

Court: California Court of Appeal, 2d District

Citations: 41 Cal.App.4th 1342; 49 Cal.Rptr.2d 238

Holding: Modified on denial of rehearing.

 

Riverside Sheriffs’ Ass’n v. County of Riverside

Year: 2009

Court: California Court of Appeal, 4th District

Citations: 173 Cal.App.4th 1410; 93 Cal.Rptr.3d 832

Holding: Review denied.

 

Runyan v. Ellis

Year: 1995

Court: California Court of Appeal, 2d District

Citations: 40 Cal.App.4th 961; 47 Cal.Rptr.2d 356

Holding: Rehearing denied, review denied.

 

Shafer v. County of Los Angeles Sheriff’s Dept.

Year: 2003

Court: California Court of Appeal, 2d District

Citations: 106 Cal.App.4th 1388; 131 Cal.Rptr.2d 670

Holding:

 

Steinert v. City of Covina

Year: 2006

Court: California Court of Appeal, 2d District

Citations: 146 Cal.App.4th 458; 53 Cal.Rptr.3d 1

Holding:

 

Sulier v. State Personnel Bd.

Year: 2004

Court: California Court of Appeal, 3d District

Citations: 125 Cal.App.4th 21; 22 Cal.Rptr.3d 615

Holding: Review denied.

 

Upland Police Officers Ass’n v. City of Upland

Year: 2003

Court: California Court of Appeal, 4th District

Citations: 111 Cal.App.4th 1294; 4 Cal.Rptr.3d 629

Holding: Review denied.

 

Van Winkle v. County of Ventura

Year: 2007

Court: California Court of Appeal, 2d District

Citations: 158 Cal.App.4th 492; 69 Cal.Rptr.3d 809

Holding:

 

Zazueta v. County of San Benito

Year: 1997

Court: California Court of Appeal, 6th District

Citations: 38 Cal.App.4th 106; 44 Cal.Rptr.2d 678

Holding:

Peace officer waived his rights under Government Code section 3309.5 by participating in binding arbitration and not seeking judicial review under Peace Officers Procedural Bill of Rights until after adverse arbitrator’s ruling. Case held distinguishable from Mounger v. Gates (1997) 193 Cal.App.3d 1248.