FBOR

Question 1

Who is exempt from FBOR coverage?

Answer 1

Firefighters who have not completed their probationary period

Question 2

What are the limitations for those covered under the FBOR act?

Answer 2

It only applies to firefighters during events and circumstances involving the performances of their official duties

Question 3

What’s the statute of limitations when starting an investigation?

Answer 3

One year from when a supervisor becomes aware of possible misconduct.

Question 4

Does an agency have to alert an employee that they are being investigated?

Answer 4

No

Question 5

When is an agency required to notify a FF when an investigation is starting?

Answer 5

Only the nature of the investigation prior to being investigated

Question 6

How is an investigation defined?

Answer 6

When an supervisor, agency, investigator have made contact with the FF and their interactions could lead to disciplinary action.

Question 7

Procedural requirements for investigation? (5)

Answer 7

1. should be while on duty
2. Who is investigating
3. Length of interrogation
4. why an investigation
5. Recordings are to be shared
6. RIGHT TO REPRESENTATION.

Question 8

Can a FF be reassigned during an investigation?

Answer 8

Only if that is a common practice or precedence has been established

Question 9

Can there be workplace searches of personal locker?

Answer 9

Yes but:
FF be present,
search warrant must be provided,
FF gives consent, & or notification of a search.

Question 10

How does an agency inform a FF that they are receiving disciplinary action?

Answer 10

Agency must notify the FF in writing of their intent within 30 days of their decision to implement discipline.

Question 11

Can a FF appeal an administrations decision?

Answer 11

Yes, they can do an admin appeal, but this does not entitle them to appeal of due process.

Question 12

What kind of appeals are available to a FF?

Answer 12

A formal or informal hearing procedure

Question 13

What’s an informal hearing process?

Answer 13

When loss of employment, promotion, demotion or suspension of 5 days or more does not apply. Less severe discipline.

Question 14

When would you opt for a formal hearing?

Answer 14

When larger accusations compromise your job or livelihood.

Question 15

What’s the “accusation”?

Answer 15

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

Question 16

What’s the statement of respondent?

Answer 16

Doc that advises FF of his or her rights to a hearing.

Comes with the accusation, tells the FF to fill out a Notice of Defense

Question 17

What is the notice of defense?
(FF to DEPT)

Answer 17

A doucment that informs the dept the FF is going to appeal.

Respondent has 15 days from receipt to submit.

Question 18

what’s in a Notice of Defense? (5)

Answer 18

1. hearing request
2. objection to the accusation
3. admittance of the accusation
4. present a new matter by way of defense
5. object by saying following the broken policy violates a superseding policy

Question 19

can the dept submit a modified/additional accusation?

Answer 19

yes!

Question 20

Can FFs have something in their file that is negative without their knowledge?

Answer 20

NO, FFs must acknowledge it.

(if they refuse, it will be noted & it will still be placed in the file)

Question 21

Do FFs have the right/ability to view their personnel file?

Answer 21

Yes, anything used for employment, promotion, etc can be viewed

Question 22

Can a FF request to have errors fixed/removed from their file?

Answer 22

Yes, a request can be made

dept has 30 days to acknowledge/fix/deny

Question 23

Can a FF be compelled to take a polygraph?

Answer 23

negative! and no negative marks can be noted for said refusal