Fire Districts Association of California

1
Fire Districts Association of California

• Laws, Regulations and
• Codes Applicable to
• California Fire Protection Districts
• Module 2

2
What You Can DoWhat You Cant DoWhat You
Should Do To Keep YouFrom Doing What You
Shouldnt
3
A DISCLAIMER

• I am not an attorney nor do I consider myself an
  expert on fire district law, regulations, and
  ordinances.I am an elected director from a rural
  fire protection district who assumed my duties
  not having a clue and making all the same
  mistakes that many others have when first
  starting out.Although generally sound, any
  opinions, judgments or interpretations discussed
  in this workshop are my own, based on my own
  study and experience and should not be construed
  as the final word on the law.Consult your own
  districts legal counsel on any specific
  questions or issues that may arise.

4
Objectives

• Basic Understanding of
• Fire Protection District Law
• Brown Act
• Political Reform Act
• Public Records Act
• Meyers-Milius-Brown Act
• Cortese-Knox LAFCO Act
• Other codes/standards effecting fire service.

5
Fire Protection District Law of 1987

• California Health and Safety Code Sections 13800
  to 13999
• Enabling Legislation for Fire Districts
• The Fire District Bible
• Revised Succeeded the FPD Law of 1961
• Also known as the Bergeson Fire District Law

6
HISTORICAL BACKGROUND

• In 1978, with the passage of Prop. 13, there was
  a serious fiscal impact on the services performed
  by California local governments.
• The 1st local government bailout bill gave
  preference to local fire agencies. (Augmentation
  Funds)
• In November 1982, the Senate Local Government
  Committee held hearings to address fire district
  funding

7
HISTORICAL BACKGROUNDcontinued

• 5 Major Issues Were Identified
• The Mission of Fire Districts Had Changed
• Clearer Policies Were Needed
• Composition of Boards Was Unclear
• Fiscal Powers Had Become Outdated
• References to Boundary Laws Had Become Obsolete

8
HISTORICAL BACKGROUNDcontinued

• Committee Chair Senator Milton Marks created an
  18 member advisory group.
• To balance the interests of board members,
  management and labor, appointments were sought
  from
• California State Firemans Association
• California Fire Chiefs Association
• Federated Firefighters of California
• Fire Districts Association of California

9
HISTORICAL BACKGROUNDcontinued

• To balance the interests of other groups,
  appointments were sought from
• State Association of LAFCOs
• State Association of Realtors
• California Farm Bureau
• California Taxpayers Association
• County Supervisors Association
• League of California Cities

10
HISTORICAL BACKGROUNDcontinued

• Senator Marian Bergeson became committee chair in
  February 1986.
• Bill passed committee 5-0 in April 1987 with
  amendments.
• Senate Appropriations Committee reviewed and
  passed it May 18 1987.
• Passed full senate 37-0 on June 4, 1987.

11
HISTORICAL BACKGROUNDcontinued

• Assembly Member Cortese introduced the final bill
  to the full assembly where it passed 58-13.
• Sent back to Senate where it passed 33-0.
• Bill was signed by Governor Deukmejian on
  September 16, 1987.
• Became law January 1, 1988

12
FIRE PROTECTION DISTRICT LAW OF 1987Health
Safety Code Sections 13800 - 13999

• Chapter Section
• 1- General Provisions 13800
• 2- Area 13810
• 3- Formation 13815
• 4- Existing Board of Directors Officers 13840
• 5- General Powers Duties 13860
• 6- Elections 13885
• 7- Finance 13890
• 8- Alternative Revenues 13910
• 9- General Obligation Bonds 13925
• 10- Service Zones 13950
• 11- Employee Relations 13960

13
FIRE PROTECTION DISTRICT LAW OF 1987Chapter 1 -
General Provisions

• Section 13800 SHORT TITLE
• Section 13801 LEGISLATIVE FINDINGS
• Establishes legislative intent
• Recognizes importance of local control by giving
  sufficient legal and fiscal powers to districts.
• Acknowledges six important functions
• Fire Protection EMS Ambulance Service
• Rescue Haz-Mat Response
• Other Services relating to protection of life
  and property

14
FIRE PROTECTION DISTRICT LAW OF 1987Chapter
1 General Provisions continued

• Section 13802 DEFINITIONS
• Brought city county in line with
  Cortese-Knox LAFCO bill.
• Employee defined as full-time, part-time,
  volunteer, and anyone who assists in an
  authorized emergency duty at the request of
  someone authorized by the board to make the
  request.

15
FIRE PROTECTION DISTRICT LAW OF 1987Chapter 1
General Provisions continued

• Section 13803 SUCCESSION
• A) Makes clear that existing districts are
  subject to this law.
• B) Allows completion of pending reorganizations
  begun under previous law as well as zones and
  district.
• Section 13804 LIBERAL CONSTRUCTION
• Liberally construes those purposes necessary to
  public health, safety and welfare.

16
FIRE PROTECTION DISTRICT LAW OF 1987Chapter 1
General Provisions continued

• Section 13805 SEVERABILITY
• Just in case part of the law is found invalid it
  will not taint other parts.
• Section 13806 VALIDITY
• Cross references Code of Civil Procedure as
  standard test of validity.

17
FIRE PROTECTION DISTRICT LAW OF 1987Chapter 2
Area

• Section 13810 TERRITORIES COMPRISING DISTRICT
• States that any territoryincorporated,
  unincorporated, contiguous or noncontiguous, may
  be included in a district.
• Section 13811 STATE RESPONSIBILITY AREA
• SRA land can be in a district unless it is
  commercial forest lands that are timbered.
• When annexing land in SRA, LAFCO must give notice
  to CDF.
• CDF retains its suppression prevention
  responsibilities, but the district can provide
  any of its other services.

18
FIRE PROTECTION DISTRICT LAW OF 1987Chapter 2
Area continued

• Section 13812 CHANGE OR REORGANIZATION
• Assigns all boundary checks to LAFCO review,
  except service zones addressed in section 13952.

19
FIRE PROTECTION DISTRICT LAW OF 1987Chapter 3
Formation

• Procedures for forming new fire districts.
• Sections 13815-13822 Article 1-Initiation
• Procedures for petitioning, publishing, filing,
  resolutions in forming a district.
• Sections 13823-13831 Article 2-Election Process
• Sections 13834-13839 Article 3-Selection of
  Initial Board

20
FIRE PROTECTION DISTRICT LAW OF 1987Chapter 4
Board of Directors Officers

• Covers Directors duties, board officers,
  meetings procedures. (Does not apply to
  dependent districts)
• Section 13840 LEGISLATIVE BODY
• Explicitly points out that Directors govern
  districts.
• Section 13841 RESIDENCE REQUIREMENT
• Board members must reside and be registered to
  vote in district.
• Section 13842 NUMBER OF BOARD MEMBERS
• Boards can have 3, 5, 7, 9, or 11 members.

21
FIRE PROTECTION DISTRICT LAW OF 1987Chapter 4
Directors Officers continued

• Section 13843 TERM OF OFFICE
• Establishes 4 year term.
• Section 13844 COUNTY BOARDS OR CITY COUNCILS AS
  DISTRICT BOARDS
• Allows a county board or city council of
  dependent districts to appoint a fire commission.
  Limited to 5 or 7 members.

22
FIRE PROTECTION DISTRICT LAW OF 1987Chapter 4
Directors Officers continued

• Section 13845 CHANGE IN NUMBER OF BOARD
• Voter approval required
• Resolution or 25 of registered voters.
• Election proceedings
• Filling new vacancies
• Serving out old term
• Can be changed by LAFCO during a reorganization.

23
FIRE PROTECTION DISTRICT LAW OF 1987Chapter 4
Directors Officers continued

• Section 13846 ELECTION OF DIRECTORS BY
  DIVISION
• Voter approval required Defines Election by
  Division
• Resolution or 25 of voters Election
  procedures
• Setting up Divisions Implementation of
  Divisions
• Implementation of at-large
• Section 13847 CHANGING DIVISION BOUNDARIES
• Matches language of Cortese-Knox Law

24
FIRE PROTECTION DISTRICT LAW OF 1987Chapter 4
Directors Officers continued

• Section 13848 CHANGE FROM APPOINTED TO
  ELECTED REVERSE
• Section 13849 NOTICE OF INTENT
• Like a formation, requires public notice of
  districts intentions.
• Section 13850 FORMAT SIGNING OF PETITION
• Section 13851 EXAMINATION OF PETITIONS
• Requirement to check signatures etc.

25
FIRE PROTECTION DISTRICT LAW OF 1987Chapter 4
Directors Officers continued

• Section 13852 VACANCIES IN OFFICE
• Section 13853 SELECTION OF OFFICERS/COMPENS
  ATION
• Board shall meet and elect President,
  Vice-President Secretary or Clerk within 60
  days of election, appointment or unopposed
  election.
• Secretary or Clerk may be board member or
  employed for that purpose and compensated.
• Board may create additional officers. No board
  member may hold more than one office.

26
FIRE PROTECTION DISTRICT LAW OF 1987Chapter 4
Directors Officers continued

• Section 13854 DISTRICT TREASURER
• County Treasurer may do it with no compensation.
• District can appoint its own.
• Bond required to be posted of at least 100,000
  or 10 of previous budget.
• Section 13855 BOARD MEETINGS
• Boards shall meet at least once every three
  months.
• Subject to Brown Act (Open Meeting Laws)

27
FIRE PROTECTION DISTRICT LAW OF 1987Chapter 4
Directors Officers continued

• Section 13856 QUORUM/BOARD ACTION
• Majority of board is a quorum.
• Board shall act only by ordinance, resolution, or
  a motion.
• A recorded vote by majority of total board is
  required, not majority of the quorum.
• Section 13857 BOARD COMPENSATION
• Board members may be compensated up to 100 per
  meeting as set by board vote. May only be
  compensated for four meetings in one month.

28
FIRE PROTECTION DISTRICT LAW OF 1987Chapter 5
General Powers Duties

• Section 13860 PERPETUAL SUCCESSION
• Section 13861 POWERS OF DISTRICTS
• Sue or be Sued Acquire Dispose of Property
• Use Eminent Domain Appoint Employees
• Employ Legal Counsel Enter into Contracts
• Adopt Alter a Seal Adopt Ordinances
• Adopt Rules Regulations Join JPAs
• Be Self-Insured

29
FIRE PROTECTION DISTRICT LAW OF 1987Chapter 5
Powers Duties continued

• Section 13862 SERVICES PROVIDED
• Fire Protection Rescue EMS
• Hazardous Material Response Ambulance
  Service
• Other Services Relating to Protection of
  Lives Property
• Section 13863 MUTUAL-AID AGREEMENTS
• Section 13864 LEASE OR RENT OF PROPERTY
• May lease or rent property of any kind from an
  employee. Includes structures, vehicles,
  equipment, etc.

30
FIRE PROTECTION DISTRICT LAW OF 1987Chapter 5
Powers Duties continued

• Section 13865 GROUP OR ASSOCIATION
  AFFILIATIONS
• Section 13866 ATTENDANCE AT PROFESSIONAL OR
  VOCATIONAL MEETINGS
• Section 13867 ACQUISTION OF EQUIPMENT
• Section 13868 RECORDS DOCUMENTS
• Must keep records of all actions, including
  financial.
• Unless required by other laws, a district may
  dispose of papers or documents submitted to it
  after one year.

31
FIRE PROTECTION DISTRICT LAW OF 1987Chapter 5
Powers Duties continued

• Section 13869 ADOPTION OF A FIRE PREVENTION
  CODE
• Section 13869.7 added in 1991 concerning fire
  panic safety regulations sprinkler system
  exemptions, allows a district to adopt codes more
  strict than state for local climatic,
  geological, or topographical conditions with
  permission of a city council or county board that
  is in the district.
• Does not apply to public schools.
• Can be delegated to to city or county.

32
FIRE PROTECTION DISTRICT LAW OF 1987Chapter 5
Powers Duties continued

• Section 13872 CITATIONS ISSUED BY FIRE CHIEF
• Board, by ordinance, may authorize chief or other
  representative to issue citations for
  misdemeanors in sections 13870 13871.
• Section 13873 DISTRICT EMPLOYEES
• District employees have peace officer powers
  while engaged in official duties.

33
FIRE PROTECTION DISTRICT LAW OF 1987Chapter 5
Powers Duties continued

• Section 13874 OPEN BURNING
• District may regulate open burning issue
  permits, but may not supercede air quality
  management districts.
• Section 13875 INFORMATION EDUCATION
• Section 13876 CHANGE OF DISTRICT NAME
• District may change its name . Procedures for
  doing so.
• Section 13877 USE OF DISTRICT EQUIPMENT
  OUTSIDE DISTRICT
• Board may authorize.

34
FIRE PROTECTION DISTRICT LAW OF 1987Chapter 5
Powers Duties continued

• Section 13878 CONTRACTS FOR SERVICES OUTSIDE
  DISTRICT
• District can contract to provide services in
  areas outside district with advance payment. (Ex
  National Park)
• Section 13879 WEED ABATEMENT
• District may have a weed abatement rubbish
  abatement policy.

35
FIRE PROTECTION DISTRICT LAW OF 1987Chapter 6
Elections

• Section 13885 ELECTION LAW
• Section 13886 TIME OF ELECTIONS
• Elections may be held on same day as statewide
  general elections.
• Section 13887 ELECTION EXPENSES
• Election expenses for formation of a district is
  borne by the county if it fails. If it passes,
  the district must repay the county after its
  first revenues are collected. All other election
  expenses are borne by the district.

36
FIRE PROTECTION DISTRICT LAW OF 1987Chapter 7
Finance

• Section 13890 ADOPTION OF PRELIMINARY
  BUDGET
• A preliminary budget must be adopted on or before
  June 30.
• Section 13891 BASIS OF APPROPRIATION
• On or after July 1st, preliminary budget amounts
  are deemed appropriated except for fixed assets
  and permanent employee positions.

37
FIRE PROTECTION DISTRICT LAW OF 1987Chapter 7
Finance continued

• Section 13892 INADEQUACY OF REVENUES
• If revenue is inadequate for protection of life
  property, preliminary budget must propose ways of
  raising revenues or reducing services.
• Shifts emphasis from how much money do we have
  to how much service do we want.
• Section 13893 POSTING BUDGET NOTICE
• Procedures for publication public examination
  of preliminary budget.
• Date, time place of final budget adoption must
  be stated.

38
FIRE PROTECTION DISTRICT LAW OF 1987Chapter 7
Finance continued

• Section 13897 BORROWING INDEBTEDNESS
• Allows districts to borrow money.
• Section 13898 ACCEPTANCE OF MONEY, GOODS
  SERVICES
• Districts may take in money.
• Section 13899 TAX ASSESSMENT COLLECTION
• County can collect disburse district taxes
  deduct cost.
• Section 13900 APPROPRIATIONS/REAL LOCATIONS -
  Board may reallocate funds in final budget or
  spend reserves for contingencies by a 2/3
  majority vote.

39
FIRE PROTECTION DISTRICT LAW OF 1987Chapter 7
Finance continued

• Section 13901 EMERGENCY FUNDS
• Board may provide funds received but not
  designated as revenue in final budget to be made
  available for emergencies that impact services by
  resolution and 2/3 vote.
• Section 13902 CAPITAL OUTLAY RESERVES
• Board may establish reserves for capital outlays.

40
FIRE PROTECTION DISTRICT LAW OF 1987Chapter 7
Finance continued

• Section 13903 CLAIMS AGAINST DISTRICT
• Board or county shall pay its bills in the order
  presented.
• Section 13904 INSUFFICIENT FUNDS
• If district does not have enough money to pay
  bills, it can be charged interest until it does
  at the maximum rate it could lend money to
  debtors.

41
FIRE PROTECTION DISTRICT LAW OF 1987Chapter 7
Finance continued

• Section 13905 PETTY CASH FUND
• Board, by resolution, can establish a petty cash
  fund not to exceed 500, designate the purposes,
  and who is authorized to use.
• Section 13906 BORROWING
• District may borrow money for purchases on
  contract, not to exceed an amount equal to 3
  times the actual income of property taxes
  received for preceding fiscal year and prepaid
  within 10 years by resolution and a 2/3 majority
  vote.

42
FIRE PROTECTION DISTRICT LAW 1987Chapter 8
Alternative Revenues

• Section 13910 REMEDY FOR INADEQUATE REVENUES
• Section 13911 VOTER APPROVED SPECIAL TAXES
• Section 13912 MELLO-ROOS
• Section 13913 POLICE FIRE PROTECTION FUNDS
• Section 13914 FIRE SUPPRESSION SERVICES
  ASSESSMENT

43
FIRE PROTECTION DISTRICT LAW 1987Chapter 8
Alternative Revenues

• Section 13915 CAPITAL IMPROVEMENT ASSESSMENT
• Section 13916 FEE FOR SERVICES
• Districts may, by ordinance, charge fees for
  services rendered, not to exceed the costs
  reasonably borne by district.

44
FIRE PROTECTION DISTRICT LAW OF 1987Chapter 8
Alternative Revenues continued

• Section 13917 RESIDENT NON-RESIDENT FEE
  DIFFERENCES
• Fees charged for residents can be lower than for
  non-residents.
• Section 13918 CHARGES TO OTHER PUBLIC
  AGENCIES
• For emergency response.
• Section 13919 WAIVER OF FEES
• Board can establish resolution to waive fees when
  in the public interest

45
FIRE PROTECTION DISTRICT LAW OF 1987Chapter 9
General Obligation Bonds

• Procedures for incurring bonded indebtedness.
• Section 13925 ADOPTION OF RESOLUTION
• Section 13926 CONTENTS OF RESOLUTION
• Section 13927 CONDUCT OF ELECTION
• Section 13928 RESOLUTION TO ISSUE BONDS
• Section 13929 TERMS OF BONDING
• Section 13930 FORM DENOMINATION
• Section 13931 CALL REDEMPTION
• Section 13932 PAYMENT OF PRINCIPAL INTEREST

46
FIRE PROTECTION DISTRICT LAW OF 1987Chapter 9
General Obligation Bonds continued

• Section 13933 DATING, NUMBERING SIGNING
• Section 13934 SEALED BIDS
• Section 13935 DEPOSIT USE OF PROCEEDS
• Section 13936 TAX EXEMPTION
• Section 13937 MAXIMUM INDEBTEDNESS
• Section 13938 TAX LEVY

47
FIRE PROTECTION DISTRICT LAW OF 1987Chapter 10
Service Zones

• Section 13950 FORMATION OF SERVICE ZONES
• When in the public interest, a board may form one
  or more service zones for providing different
  services, levels of service or additional
  revenues within specific areas. Lays out
  procedures for adopting resolution, hearing, etc.
• Section 13951 BOUNDARY CHANGE OR DISSOLUTION
• Procedure for changing or dissolving service
  zones.

48
FIRE PROTECTION DISTRICT LAW OF 1987Chapter 10
Service Zones continued

• Section 13952 LAFCO POWERS
• LAFCOs have no power over service zones.
• Section 13953 LEVEL OF SERVICE WITHIN ZONE
• Section 13954 FISCAL POWERS OF SERVICE ZONES
• Board may exercise any fiscal powers in zones.
• Section 13955 TAXES, ASSESSMENTS FEES
• All charges intended for the support of services
  in a zone can only be levied in that zone.

49
FIRE PROTECTION DISTRICT LAW OF 1987Chapter 10
Service Zones continued

• Section 13956 ZONE ADVISORY GROUPS
• Board may appoint advisory groups from residents
  of service zone.

50
FIRE PROTECTION DISTRICT LAW OF 1987Chapter 11
Employee Relations

• Section 13960 APPLICABILITY OF MYERS-
  MILIAS-BROWN ACT/MEMBERSHIP IN UNIONS
• Section 13961 EMPLOYEE RELATIONS SYSTEMS
• Board may establish a civil service or merit
  system by ordinance.
• Section 13962 PETITION FOR EMPLOYEE
  RELATIONS SYSTEM
• A civil service or merit system may be
  established by voter initiative.

51
FIRE PROTECTION DISTRICT LAW OF 1987Chapter 11
Employee Relations continued

• Section 13963 POWERS OF BOARDS GOVERNING MORE
  THAN ONE DISTRICT
• Lays out employee relations procedures for boards
  that govern more than one district.
• Section 13964 COUNTY BOARD AS DISTRICT BOARD
• County employees may become district employees or
  district employees may become county employees.

52
FIRE PROTECTION DISTRICT LAW OF 1987Chapter 11
Employee Relations continued

• Section 13965 EMPLOYEE CERTIFICATION WITHOUT
  EXAMINATION
• Procedures for when a district annexes a city or
  consolidates with another district.
• Section 13966 BINDING ARBITRATION- SANTA
  CLARA COUNTY
• An amendment requiring Santa Clara County Board
  of Supervisors to put a binding arbitration
  initiative before voters if annexing a district.

53
FIRE PROTECTION DISTRICT LAW OF 1987Chapter 11
Employee Relations continued

• Section 13967 BONDING OF EMPLOYEES
• Board may require employees to be bonded but must
  pay cost of bonds
• Section 13968 BOARD/EMPLOYEE BENEFIT PROGRAMS
• Board may provide employees board members with
  group benefits.
• Section 13969 FIRST-AID CPR TRAINING
• - First-aid and CPR training required for
  emergency response employees. Clerical staff
  exempted . District can provide other training
  programs.

54
FIRE PROTECTION DISTRICT LAW OF 1987Chapter 11
Employee Relations continued

• Section 13970 LEAVES OF ABSENCE IN LIEU OF
  TEMPORARY DISABILITY PAYMENTS

55
Ralph M. Brown Act

• California Government Code Sections 54950 to
  54962
• Open Meetings Law
• Initiated by the press
• With exceptions, requires that all aspects of the
  decision-making process by local legislative
  bodies are open to the public.

56
Intent of the Brown Act

• In enacting this chapter, the Legislature finds
  and declares that the public commissions, boards
  and councils and the other public agencies in
  this state exist to aid in the conduct of the
  peoples business. It is the intent of the law
  that their actions be taken openly and that their
  deliberations be conducted openly.

57
Intent of the Brown Act

• The people of this state do not yield their
  sovereignty to the agencies which serve them. The
  people, in delegating authority, do not give
  their public servants the right to decide what is
  good for the people to know and what is not good
  for them to know. The people insist on remaining
  informed so that they may retain control over the
  instruments they have created. (Govt Code
  54950)

58
General Rules

• All meetings of the legislative body of a local
  agency shall be open and public, and all persons
  shall be permitted to attend any meeting of the
  legislative body of a local agency, except as
  otherwise provided in this chapter. (Govt Code
  54953)

59
General Rules

• Each member of a legislative body who attends a
  meeting of that legislative body where action is
  taken in violation of any provision of this
  chapter and where the member intends to deprive
  the public of information to which the member
  knows or has reason to know the public is
  entitled is guilty of a misdemeanor. (Govt Code
  54959)

60
Legislative Body Defined

• The governing body of a county, city, school
  district, municipal corporation, district,
  political subdivision, or any other local body
  created by state or federal statute, or any
  board, commission or agency thereof, or other
  local public agency.
• (Govt Code 34951, 54952(a))

61
Meeting Defined

• ..any congregation of a majority of the members
  of a legislative body at the same time and place
  to hear, discuss, or deliberate upon any item
  that is within the subject matter jurisdiction of
  the legislative body or the local agency to which
  it pertains.
• (Govt Code 54952.2(a))

62
Meetings Include

• Serial Meetings
• Hub Spokes
• E-mail
• Breakfast Meetings
• Exception audio and/or video teleconferencing
  which complies with statutory requirements.

63
Attendance of the board at any of the following
is legal as long as specic business of the
district is not discussed

• Conferences open to the public on issues of
  general interest to the public or agency.
• Town Meetings organized by an individual or an
  organization which are open publicized.
• Purely ceremonial or social occasions.

64

• When attending conferences and public meetings,
  members of the legislative body may participate
  only as part of the scheduled program or meeting
  as a member of the public.

65
Regular Meetings

• Time and place set by ordinance, resolution or
  bylaws.
• Must be held within the boundaries of the
  district
• Agenda posted in a location freely accessible to
  the public at least 72 hours prior to the
  meeting.

66
Special Meeting

• Written notice of time, place and business to be
  transacted to be delivered so as to be received
  by each member of the board and posted in a
  public place at least 24 hours prior to the
  meeting.

67
Adjourned Meeting

• Uses same agenda as posted for the regular
  meeting.
• Notice of adjourned meeting must be posted on or
  near the door of the meeting place within 24
  hours of adjournment.

68
Emergency Meeting

• Where prompt action is necessary due to
  disruption or threatened disruption of public
  facilities.
• Does not have to comply with mailing or posting
  requirements.
• No agenda needed, but minutes must be posted in a
  public place for 10 days after meeting.

69
Agendas

• Must give a brief general description of every
  item of business to be transacted or discussed,
  including items to be discussed in closed
  session.
• No discussion or action may be taken on any item
  not appearing on the agenda. (subject to
  exceptions)

70
Rights of Public

• No conditions on attendance at public meetings
• May audio or video tape meeting.
• Right to receive notice, agenda and materials.
• Right to address the board.

71
Closed Sessions

• Real property negotiations
• Litigation
• JPA insurance authority discussion of claims
• Questioning of witnesses in an investigation
• Personnel Matters

72
Closed Sessions

• Board shall publicly report any action taken in a
  closed session and the vote or abstention of each
  member present.

73
Political Reform Act

• Government Code Sections 87100 to 87350
• Californias Conflict of Interest Law for Public
  Officials

74
Political Reform ActGeneral Rule

• No public official at any level of government
  shall make, participate in making, or in any way
  attempt to use his or her official position to
  influence a governmental decision in which the
  official knows, or has reason to know, he or she
  has a financial interest. (Govt Code 87100)

75
Political Reform ActPurpose

• Public officials, whether elected or appointed,
  should perform their duties in an impartial
  manner, free from bias caused by their own
  financial interests or the financial interests of
  people who have supported them.

76
When is There a Conflict?

• A public official has a conflict of interest when
  it is reasonably foreseeable that the decision
  will have a material financial effect,
  distinguishable from its effect on the public
  generally, on the official, a member of his or
  her immediate family, or on any of their economic
  interests.

77
Political Reform ActDisclosure

• Public officials must publicly disclose their
  personal assets and sources of income.
• Must annually and at the end of a term, file a
  Statement of Economic Interest (Form 700)

78
AB 1234

• New local government ethics law.
• Local government agencies must develop a policy
  for reimbursing directors for travel, lodging,
  etc.
• Receive ethics training

79
Public Records Act

• Government Code 6250 to 6276
• Public Records must be open to inspection
• Any person may receive a copy of a public record.

80
Public Records ActIntent

• The Legislature, mindful of the right of
  individuals privacy, finds and declares that
  access to information concerning the conduct of
  the peoples business is a fundamental and
  necessary right of every person in this state.
  (Govt Code 6250)

81
Public Records ActGeneral Rule

• Public Records must be open to inspection at all
  times
• Any person may obtain a copy of a public record.

82
Employee Relations Law

• Meyers-Milius-Brown Act
• Government Code Sections 3500 to 3511
• Employees have right to organize
• Both sides must meet and confer in good faith

83
Employee Relations LawIntent

• It is the purpose of this chapter to promote
  full communication between public employers and
  their employees by providing a reasonable method
  of resolving disputes regarding wages, hours, and
  other terms and conditions of employment between
  public employers and public employee
  organizations (Govt Code 3500)

84
Local Agency Formation Commission (LAFCO) Law

• Cortese-Knox-Hertzberg Local Government
  Reorganization Act.
• Government Code Sections 56000 to 57550

85
Intent

• The legislature finds and declares that it is the
  policy of the state to encourage orderly growth
  and development which are essential to the
  social, fiscal, and economic well being of the
  state.

86
General Rule

• The legislature recognizes that the logical
  formation and determination of local agency
  boundaries is an important factor in promoting
  orderly development

87
LAFCO Municipal Service Reviews

• One of the major new responsibilities of LAFCO is
  to conduct comprehensive, regional studies of
  municipal services every five years, in
  conjunction with reviews of city and district
  spheres of influence.

88
Municipal Service Reviews Must Address the
Following Factors

1. Infrastructure needs or deficiencies.
2. Growth population projections.
3. Financing constraints opportunities.
4. Cost avoidance opportunities.
5. Opportunities for rate restructuring.
6. Opportunities for shared facilities.

89
MSRs

• 7. Government structure options, including
  advantages disadvantages or consolidation or
  reorganization of service providers.
• 8. Evaluation of management efficiencies.
• 9. Local accountability and governance.

90
California Health and Safety CodeAdditional
Sections Applicable to Fire Protection
Explosives / High Explosives 12000-12401
Fireworks and Pyrotechnic Devices 12500-12726
Fires and Fire Protection/ Liability in Relation to Fires 13000-13011
Standard Equipment 13025-13028
Use of Fire Equipment 13050-13060
FIRESCOPE program 13070-13073
Firefighters' Memorial 13081-13083
State Fire Marshal 13100-13159.10
91
California Health and Safety CodeAdditional
Sections Applicable to Fire Protection
Portable Fire Extinguishers 13160-13190.4
Automatic Fire Extinguisher Systems 13195-13199
Emergency Procedure Information 13220-13223
Fire Safety Inspections of Care Facilities 13235
Propane Storage and Handling 13240-13244.5
Civil Actions to Abate Fire Hazards 13250-13253
Abatement of Hazardous Weeds and Rubbish 14890-14931
Buildings Used by the Public/Essential Services Buildings 16000-16500
92
California Labor Code and Firefighters

• Section 3212.1 Presumptive Injuries (Hernia,
  heart, pneumonia, and cancer)
• Section 4850 Workers Comp and Industrial
  Injury Leave

93
CDF Responsibility for Forest Fire Protection
Prevention

• Covers overlapping of CDF responsibility
• Public Resources Code 4101 to 4480

94
CDF Responsibility for Forest Fire Protection
Prevention

• The Board of Forestry shall classify all lands
  within the statefor the purpose of determining
  areas in which the financial responsibility of
  preventing suppressing fires is primarily the
  responsibility of the state. The prevention
  suppression of fires in all other areas is
  primarily the responsibility of local or federal
  agencies (Public Resources Code 4125(a))

95
Emergency Medical Services

• Health and Safety Code 1797 to 1798.209
• Provides for a statewide system governing
  emergency medical services

96
California Code of Regulations Title 8,
Industrial Relations OSHA

Sections Applicable to Firefighter Safety   
Injury and Illness Prevention CCR 3203
Personal Protective Equipment CCR 3401
Definitions CCR 3402
Head Protection CCR 3403
Eye and Face Protection CCR 3404
97
OSHA Applicable to Firefighter Safety
Ear and Neck Protection CCR 3405
Body Protection CCR 3406
Hand and Wrist Protection CCR 3407
Foot Protection CCR 3408
Respiratory Protection CCR 3409
Wildland Fire Fighting CCR 3410
98
California Code of Regulations Title 22,
Prehospital EMS
Chapter 1 First Aid for First Responders CCR 100005-100028
Chapter 2 Emergency Medical Technician I CCR 100056-100083
Chapter 3 Emergency Medical Technician II CCR 100101- 101130
Chapter 4 Emergency Medical Technician Paramedic CCR 100135 - 1001820
99
Federal Regulatory Impacts

• Hazardous Materials response
• Fair Labor Standards Act and Overtime
• Americans with Disabilities Act
• Endangered Species Act and vegetation management

100
Code of Federal Regulations

• Hazardous Materials Emergency Response

www.gpoaccess.gov/cfr/index.html
101
Fair Labor Standards Act

• Overtime for firefighters who work over 216 hours
  in a 28 day period
• Many other provisions, including minimum wage
• www.dol.gov/esa/regs/statutes/whd/allfair.htm

102
Other Regulatory/Influencing Agencies/Organization
s

• Air pollution control districts
• Environmental health agencies
• National Fire Protection Association (NFPA)
• Insurance Services Office (ISO)
• Factory Mutual

103
FDAC.org Links to Resources
www.leginfo.ca.gov - Legislative information
www.osfm.fire.ca.gov - Office of the California
State Fire Marshall www.fire.ca.gov -
California Department of Forestry
www.fireplan.gov - National Fire Plan
www.fs.fed.us - USDA Forest Service
www.fireplan.gov - National Fire Plan
www.cafirealliance.org - California Fire
Alliance www.fs.fed.us/r5/ - US Forest Service,
Region 5
104
FDAC.org Links to Resources
www.fs.fed.us/fire - US Forest
Service www.nwcg.gov - National Wildfire
Coordinating Group www.oes.ca.gov - California
Office of Emergency Services www.cal-osha.com
- California Occupational Safety and Health
Administration www.calpers.ca.gov -
California Public Employees Retirement System
www.lao.ca.gov - California Legislative
Analysts Office www.usfa.fema.gov - United
States Fire Administration/FEMA
105
Fire Districts Association of California