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Policy: Firefighter Bill of Rights - Block

Terms in this set (25)

FBOR was enacted in __________ when the CA Legislature adopted Assembly Bill ___________.
2007, 220
Metro Fire's FBOR policy establishes procedures based on the FBOR for ________ _________ and/or _________.
Fact Finding, Investigations
Are new members on probation protected by the FBOR?
No
T/F: Metro Fire's FBOR Policy is intended to list and define all rights under the FBOR, and is intended to be a reference for all rights guaranteed under FBOR.
False. it is not a complete representation of the fbor. it only references it where appropriate with respect to this policy.
T/F: If a member can be charged criminally, they are provided no grant of immunity from prosecution prior to answering questions in an interrogation.
False. The member must be provided a written grant of immunity and advised of their constitutional rights prior to District interrogation.
A member shall be provided a summary of the nature of an investigation prior to an interview, and it shall include all the following EXCEPT:

Factual summary of complain
Policies alleged to have violated
Names of his/her accusers
Date and location
Names of his/her accusers
T/F: The member does not have a right to Union Representation during an investigation if the crime is so egregious that he/she is clearly guilty.
False. The member shall always be informed of the right to Union Representation.
Can an investigation be conducted off duty?
Yes, but it shall be at a reasonable hour, and "preferably" on duty. Member is entitled to overtime pay if off duty including time to and from home.
All questions directed to the member under investigation shall be asked by no more than _____ interviewers.

1
2
3
4
2
T/F: If a member is really bad, the District reserves the right to bring back Kurt Heinke to rip him/her a new one.
False. The member will not be subjected to offensive language.
T/F: During an investigation, the District reserves the right to threaten with discipline for a failure to answer questions directly related to the investigation.
False. They cannot threaten specific discipline, but they shall inform you that failure to answer questions directly may result in discipline.
No statement made during an investigation under duress/coercion/threat, may be released to an party without the permission of the member for any purpose other than ____________ or ___________.
implementation of discipline OR appeal of a disciplinary action.
T/F: The district can furnish a photograph and contact information to the media.
False. Not without the member's express consent.
T/F: The district can force a member to submit to a truth verification examination, and institute discipline for failing to submit to one.
False on both counts.
T/F: The district cannot force a member to provide info about property, income, debts, or personal expenditures, except as required by law.
False. That info can be gathered as necessary to make a particular assignment or investigate a conflict of interest.
A member's personal locker can be searched under 4 circumstances. What are they?
1. Member is present; 2. member consents; 3. member has been notified a search will occur; 4. a valid search warrant has been obtained.
T/F: The member may record the complete interview, but the District cannot.
False, both parties can record the interview.
T/F: The member is entitled to ALL reports made by investigators or complaints by investigators or other persons.
False. The member is not entitled to those which are deemed confidential by law.
T/F: The union representative is required to disclose any information received from the member under investigation, if asked to do so.
False. Your rep is not required to give any information.
T/F: The district may add any adverse comments to your personnel file at any time without your knowledge.
False. They must give you the opportunity to read it, and you must sign it.
A member has _______ days to submit a written response to any adverse comment.
30 days. And the response shall be attached to the comment in your personnel file.
A Member is entitled to inspect their personnel file during normal working hours, but must notify HR ______ hours ahead of time.
24
A member may request any material mistakenly/unlawfully placed in their personnel file be removed. The District has _______ days to respond yes or no, and the reasons why if not.
30
No punitive action or denial of promotion for any allegation shall be undertaken if the investigation is not completed within ______ year(s) when the district knew or should have known about the allegation.
1
Members have the right to an opportunity for administrative appeal for only certain punitive actions.
False. For ALL punitive actions.
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