FBOR Flashcards
(19 cards)
Who is excempt from FBOR coverage?
Firefighters who have not completed their probationary period
What are the limitations for those covered under the FBOR act?
It only applies to firefighters during events and circumstances involving the performances of their official duties
What’s the statute of limitations when starting an investigation?
One year from when a supervisor becomes aware of possible misconduct.
Does an agency have to alert an employee that they are being investigated?
No
When is an agency required to notify a FF when an investigation is starting?
Only the nature of the investigation prior to being investigated
How is an investigation defined?
When an supervisor, agency, investigator have made contact with the FF and their interactions could lead to disciplinary action.
Procedural requirements for investigation? (5)
- should be while on duty
- Who is investigating
- Length of interrogation
- why an investigation
- Recordings are to be shared
- RIGHT TO REPRESENTATION.
Can a FF be reassigned during an investigation?
Only if that is a common practice or precedence has been established
Can there be workplace searches of personal locker?
Yes but:
FF be present,
search warrant must be provided,
FF gives consent, & or notification of a search.
How does an agency inform a FF that they are receiving disciplinary action?
Agency must notify the FF in writing of their intent within 30 days of their decision to implement discipline.
Can a FF appeal an administrations decision?
Yes, they can do an admin appeal, but this does not entitle them to appeal of due process.
What kind of appeals are available to a FF?
A formal or informal hearing procedure
What’s an informal hearing process?
When loss of employment, promotion, demotion or suspension of 5 days or more does not apply. Less severe discipline.
What’s a formal hearing procedure? (Appeal)
When larger accusations compromise your job or livelihood.
What’s the “accusation”?
The agency must provide this document stating the charges. It comes with
- notice of defense
- statement to respondent
- copies of government code pertaining to rights
What’s the statement of respondent?
Doc that advises FF of his or her rights to a hearing.
What is the notice of defense?
A doc the FF must give when he or she has been given the Accusation. Respondent has 15 days from receipt to submit.
what can be in a Notice of Defense? (5)
- hearing request
- objection to the accusation
- admittance of the accusation
- present a new matter by way of defense
- object by saying following the broken policy violates a superseding policy
can the dept submit a modified/additional accusation?
yes!
