FBOR Flashcards
Who is except 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/what 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)
- Notify of time
- Who is investigating
- Length of interrogation
- No threats allowed
- Recordings 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?
No , unless a FF be present, a search warrant must be provided, FF gives consent, 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 employment, promotion, demotion or suspension of 5 days or more applies. Less severe discipline.
What’s a formal hearing procedure? (Appeal)
When larger accusations compromise your job or livelihood.
What’s the “accusation”?
A document during formal hearing procedures when a FF states his or her intention to appeal. 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
