53292
. (a) Whenever a special district or joint powers agency that
provides fire protection or a city fire department is dissolved or
the area it serves is decreased by reason of a consolidation, merger,
incorporation, annexation, or contract, and the district, joint
powers agency, or city fire department taking over the duties of the
dissolved or decreased district, joint powers agency, or department
decides to hire additional firefighters, it shall give first choice
for the positions to be filled to firefighters employed by the
dissolved or decreased district, joint powers agency, or department.
As nearly as possible, the firefighters who are hired shall be given
positions with a rank comparable to that which they held in the
dissolved or decreased district, joint powers agency, or department.
No firefighter shall be hired who is over the mandatory retirement
age of the district, joint powers agency, or city fire department
which is taking over the duties of the dissolved or decreased
district, joint powers agency, or department.
(b) Notwithstanding any other provision of law, where firefighters
are hired as a result of the consolidation, merger, incorporation,
annexation, or contract, the seniority or other employment rights of
the employees of the district, joint powers agency, or fire
department taking over the duties of the dissolved or decreased
district, joint powers agency, or department shall not be impaired as
a result of the consolidation, merger, incorporation, annexation, or
contract, except as otherwise agreed upon in a county, other than a
county of the first class, in a memorandum of understanding with each
employee organization, which has been recognized pursuant to Chapter
10 (commencing with Section 3500) of Division 4 of Title 1, and
which represents employees of the district, joint powers agency, or
department taking over the duties of the dissolved or decreased
district, joint powers agency, or department who are in classes
affected by the consolidation, merger, incorporation, annexation, or
contract.