In 2007, the Firefighters Procedural Bill of Rights Act (FBOR) was enacted after several years of unsuccessful attempts to pass similar legislation. Although the FBOR is modeled after the longstanding Public Safety Officers Procedural Bill of Rights Act (POBR) [Gov. Code, §§ 3300 et seq.], that statutory scheme, which was originally intended for peace officers,
FBOR ‘Performance of Official Duties’ – Seibert v. City of San Jose Addresses What this Provision Means, Although Questions Remain
Recently, the California Court of Appeal published its first case interpreting the unique provision of the Firefighters Procedural Bill of Rights Act (FBOR) limiting the statute’s procedural employee protections “to the events and circumstance involving the performance of official duties.” Although the clarification is welcome, it is limited.
In Seibert v. City of San Jose
Court of Appeal Provides Guidance on the Timing of Notice to Officers “Prior To” an Interrogation Under the POBR
This post was authored by Laura Kalty and Danny Yoo.
The Court of Appeal issued its decision in Ellins v. City of Sierra Madre,[1] which provides public agencies with guidance on when to disclose the nature of an investigation prior to interrogating a peace officer pursuant to the Public Safety Officer Procedural
The California Supreme Court Holds that a Supervisor’s Daily Log is not a “File Used for Any Personnel Purposes” Under the Firefighters Procedural Bill of Rights
In a long anticipated decision, the California Supreme Court has held that a supervisor’s daily log, or file, was not a “file used for any personnel purposes” under the Firefighters Procedural Bill of Rights. In 2013, the Court of Appeal ruled that a fire captain’s daily log documenting firefighter performance should have been disclosed to
California Supreme Court Will Review Whether Firefighters Have Right to Review and Respond to Adverse Comments in Supervisor’s Daily Log.
On February 26, 2014, the California Supreme Court agreed to review the Court of Appeal decision in Poole v. Orange County Fire Authority.
Given the nearly identical language in the Public Safety Officers Bill of Rights Act (“POBR”) as in the Firefighters’ Procedural Bill of Rights Act (“FBOR”), this case will affect law enforcement
Court of Appeal Holds that a Supervisor’s Daily Log is Considered an “Other File Used for Any Personnel Purposes” under the FBOR and Confirmed a Firefighter’s Right to Review and Respond to Adverse Comments Placed in Such a Daily Log.
This blog post was authored by Gage Dungy and Stefanie K. Vaudreuil
Introduction
The Fire Fighters Procedural Bill of Rights (FBOR), enacted in 2007, was intended to provide firefighters the same rights as those guaranteed to public safety officers by the Public Safety Officers Bill of Rights (POBR). In many areas, the FBOR contains identical