Chapter 11. Employee Relations of California Health And Safety Code >> Division 12. >> Part 2.7. >> Chapter 11.
(a) The Meyers-Milias-Brown Act, Chapter 10 (commencing with
Section 3500) of Division 4 of Title 1 of the Government Code
applies to all fire protection districts.
(b) Chapter 4 (commencing with Section 1960) of Part 7 of Division
2 of the Labor Code applies to all fire protection districts.
(a) A district board may adopt an ordinance establishing an
employee relations system.
(b) "Employee relations system" as used in this chapter means a
civil service system or a merit system.
(a) Upon receipt of a petition proposing an employee
relations system for employees of the district, signed by at least 10
percent of the registered voters of the district, the district board
shall either adopt an ordinance providing for the employee relations
system, or adopt an ordinance subject to the approval of the voters
of the district.
(b) District employees may circulate the petitions described in
subdivision (a) at any time when they are not on duty.
(c) If the question is submitted to the voters at a general
district election, the notice required by Section 12112 of the
Elections Code shall contain a statement of the question to appear on
the ballot. If the question is submitted to the voters at a special
election, the notice of election and ballot shall contain a statement
of the question.
(d) The question placed before the voters shall call for a "Yes"
or "No" vote and shall be in substantially the following form:
"Shall the ordinance of the Board of Directors of the ______ (name
of the district), adopting an employee relations system for the
employees of the district, be approved?"
(e) If a majority of the voters voting on the question approve of
the question, the ordinance shall go into effect.
When more than one district is governed by the same board of
directors, the district board may do all of the following:
(a) Adopt the same set of employee relations rules, regulations,
and procedures for any or all districts.
(b) Authorize one examination for any or all districts for each
classification of employment, establish one eligibility list, permit
qualified candidates to transfer from one district to another, and
allow requested changes in assignment.
(c) Adopt one seniority list to be used in the layoff of all
employees of any or all districts. Persons laid off due to lack of
work shall be eligible for reemployment and shall be reemployed in
preference to the employment of new applicants. The district board
may set a time limit on the use of this seniority list.
If a county board of supervisors has appointed itself as the
district board, it may change to district status any employee of a
county fire warden department and the status of any district employee
may be changed to that of a county employee, subject to charter
provisions relating to employee relations, and the rules,
regulations, and procedures of the employee relations system of the
If the civil service commission or body performing employee
relations functions for a district finds that a person has been
employed by a city or another district which has, or any portion of
which has, been annexed to, included within, or contracts with, the
district for all fire protection, rescue, or emergency medical
services, in a position classification the duties of which and
qualifications for which are substantially the same as those of any
position classification in the district, at the request of the
district board, the civil service commission or other body may
certify, without examination, that person as eligible to hold that
district position classification or any lower position classification
for which the person is qualified and which would not result in a
lower level of salary than was received by the person immediately
before the annexation, inclusion, or contract. If a person is
employed by the district after certification without examination by
the civil service commission or other body because of his or her
employment in a position classification of similar duties by a city
or district, all time employed in that city or district shall be
considered as time employed by the district, to determine seniority
rights and salary rates.
(a) In the case of a district where the Board of Supervisors
of the County of Santa Clara has appointed itself as the district
board of a district, the district board may call an election to be
held in the district for the purpose of submitting to the voters of
the district the question of whether the district board may provide
for a system of binding arbitration for the resolution of impasses in
(b) Where the district has created service zones, the election
specified in subdivision (a) shall be held only in those zones in
which the district provides direct fire protection and not in those
zones in which fire protection is provided by contract with other
A district board may require any employee of the district to
be bonded. The district shall pay the cost of the bonds.
A district board may provide for any programs for the
benefits of its employees or members of the district board, pursuant
to Chapter 2 (commencing with Section 53200) of Part 1 of Division 2
of Title 5 of the Government Code.
A district board shall train all employees of the district
who are expected to provide services pursuant to Section 13862,
except those whose duties are primarily clerical or administrative,
to administer first aid and cardiopulmonary resuscitation, as
required pursuant to Section 1797.182. A district board may provide
any other training programs for its employees.
A fire protection district shall be considered a "fire
district" to grant leaves of absence in lieu of temporary disability
payments pursuant to Article 7 (commencing with Section 4850) of
Chapter 2 of Part 2 of Division 4 of the Labor Code.