(a) (1) An employee of the Department of Forestry and Fire Protection holding a temporary appointment to a firefighter position, as described in paragraph (4) of subdivision (a) of Section 3251, shall not be terminated for cause without a right to appeal the termination to the State Personnel Board subject to the board’s rules.

(2) The State Personnel Board shall hold a formal evidentiary hearing concerning an appeal under this section, following the same procedure as in state civil service proceedings. The employee shall have the burden of proof to show that the termination was not supported by a preponderance of the evidence or was implemented in bad faith.

Terms Used In California Government Code 3254.6

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • State: means the State of California, unless applied to the different parts of the United States. See California Government Code 18
  • Subdivision: means a subdivision of the section in which the term occurs unless some other section is expressly mentioned. See California Government Code 10

(3) If the State Personnel Board finds that cause for termination was not supported by a preponderance of the evidence or that the termination was made in bad faith, the employee shall be entitled to a decision from the board that the termination was without fault. The employee shall also be entitled to reinstatement to the employee’s position within seven days of the board’s decision, if the fire season during which the employee was working has not ended. If the fire season during which the employee was working has ended as of the date of the decision, the employee shall have the right to reemployment to a new temporary appointment for the next fire season, provided the employee meets minimum qualifications for the position and temporary appointments are made. The employee shall not be entitled to back pay.

(b) Nothing in this section shall be construed to create a property interest in any temporary appointment to a firefighter position or to a permanent position within the state.

(Added by Stats. 2021, Ch. 722, Sec. 3. (SB 206) Effective January 1, 2022.)

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