HOUSE BILL NO. 1733 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE WELLENKAMP.
4539H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To amend chapter 320, RSMo, by adding thereto fifteen new sections relating to firefighters, with a penalty provision.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 320, RSMo, is amended by adding thereto fifteen new sections, to 2 be known as sections 320.500, 320.502, 320.504, 320.506, 320.508, 320.510, 320.512, 3 320.514, 320.516, 320.518, 320.520, 320.522, 320.524, 320.526, and 320.528, to read as 4 follows: 320.500. The provisions of sections 320.500 to 320.528 shall be known and 2 referred to as the "Firefighters' Procedural Bill of Rights Act". 320.502. For purposes of sections 320.500 to 320.528, the following terms mean: 2 (1) "Firefighter", any Missouri resident who is employed full time or part time 3 by a public agency located in the state as a firefighter or as a first responder or ancillary 4 service personnel, including emergency medical service workers, dispatchers, 5 paramedics, emergency maintenance technicians, and emergency medical technicians 6 (EMT) who are employed by a fire district, fire protection district, fire department, or 7 fire authority. The term "firefighter" does not apply to any employee who has not 8 successfully completed the probationary period established by his or her employer as a 9 condition of employment; 10 (2) "Interrogation", any formal interview, inquiry, or questioning of any 11 firefighter by the appointing authority's designee regarding misconduct or violation of 12 policy;
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 1733 2
13 (3) "Public agency", any fire district, municipal fire department, ambulance 14 district, or emergency 911 dispatching agency; 15 (4) "Punitive action", any action that may lead to dismissal, demotion, 16 suspension, reduction in salary, written reprimand, or transfer for purposes of 17 punishment; 18 (5) "Representative", an individual who accompanies and advises a firefighter 19 during an interrogation and during the course of an investigation and who may 20 intervene, raise objections, and provide moral support to the firefighter; 21 (6) "Social media account", any electronic service or account or any electronic 22 content including, but not limited to, videos, photographs, audio blogs, video blogs, 23 podcasts, instant messages or text messages, email programs or services, online services, 24 or website profiles. 320.504. 1. Except as otherwise provided in chapter 36, or whenever on duty or 2 in uniform, a firefighter shall not be prohibited from engaging, or be coerced or 3 required to engage, in political activity. 4 2. A firefighter shall not be prohibited from seeking election to, or serving as a 5 member of, the governing board of a school district or any local agency where the 6 firefighter is not employed including, but not limited to, any city, county, or political 7 subdivision thereof. 320.506. 1. When any firefighter is under investigation and subjected to 2 interrogation by his or her commanding officer, or any other member designated by the 3 employing department or licensing or certifying agency, that could lead to punitive 4 action, the interrogation shall be conducted under the following conditions: 5 (1) The interrogation shall be conducted at a reasonable hour, at a time when the 6 firefighter is on duty, unless an imminent threat to the safety of the public requires 7 otherwise. If the interrogation does occur during off-duty time of the firefighter being 8 interrogated, the firefighter shall be compensated for any off-duty time in accordance 9 with regular department procedures. The firefighter's compensation shall not be 10 reduced as a result of any work missed while being interrogated; 11 (2) The firefighter under investigation shall be informed, prior to the 12 interrogation, of the rank, name, and command of the officer or other person in 13 charge of the interrogation; the interrogating officer; and all other persons to be present 14 during the interrogation. All questions directed to the firefighter under investigation 15 shall be asked by and through no more than two interrogators at one time; 16 (3) The firefighter under investigation shall be informed of the nature of the 17 investigation prior to any interrogation; HB 1733 3
18 (4) The interrogating session shall be for a reasonable period taking into 19 consideration the gravity and complexity of the issue being investigated. The firefighter 20 under interrogation shall be allowed reasonable breaks to attend to his or her own 21 personal physical necessities; 22 (5) Prior to an interview session, the investigator or investigators conducting the 23 investigation shall advise the firefighter or the rule set out in Garrity v. New Jersey, 385 24 U.S. 493 (1967), specifically, that the firefighter is being ordered to answer questions 25 under threat of disciplinary action and that the firefighter's answers to the questions 26 will not be used against the firefighter in criminal proceedings; 27 (6) (a) The firefighter under investigation shall not be subjected to offensive 28 language or threatened with punitive action. A promise of reward shall not be made as 29 an inducement to answer any question. The employer shall provide to, and obtain from, 30 the firefighter under investigation a formal grant of immunity from criminal 31 prosecution, in writing, before the firefighter may be compelled to respond to 32 incriminating questions in an interrogation. Subject to that grant of immunity, a 33 firefighter refusing to respond to questions or subject to interrogations directly related 34 to the investigation shall be informed that the failure to answer questions directly 35 related to the investigation may result in punitive action; 36 (b) The employer shall not cause the firefighter under investigation to be 37 subjected to visits by the press or news media without his or her express written consent 38 free of duress, and the firefighter's photograph, home address, telephone number, or 39 other contact information shall not be given to the press or news media without his or 40 her express written consent free of duress; 41 (7) A statement made during interrogation by a firefighter under duress, 42 coercion, or threat of punitive action shall not be admissible in any subsequent judicial 43 proceeding, subject to the following qualifications: 44 (a) This subdivision shall not limit the use of statements otherwise made by a 45 firefighter when the employing fire department is seeking civil service sanctions against 46 any firefighter; and 47 (b) This subdivision shall not prevent the admissibility of statements otherwise 48 made by the firefighter during interrogation in any civil action, including administrative 49 actions, brought by that firefighter, or that firefighter's exclusive representative, arising 50 out of a disciplinary action; 51 (8) The complete interrogation of a firefighter may be recorded. If a recording is 52 made of the interrogation, the firefighter shall have access to the recording if any 53 further proceedings are contemplated or prior to any further interrogation at a 54 subsequent time. The firefighter shall be entitled to a transcribed copy of any notes HB 1733 4
55 made by a stenographer or to any reports or complaints made by investigators or other 56 persons, except those portions that are otherwise required by law to be kept 57 confidential. Notes or reports that are deemed to be confidential shall not be entered 58 in the firefighter's personnel file. The firefighter being interrogated shall have the right 59 to bring his or her own recording device and record any and all aspects of the 60 interrogation; 61 (9) Upon the filing of a formal written statement of charges, or whenever an 62 interrogation focuses on matters that may result in punitive action against any 63 firefighter, that firefighter, at his or her request, shall have the right to be represented 64 by a representative of his or her choice who may be present at all times during the 65 interrogation. The representative shall not be a person subject to the same 66 investigation. The representative shall not be required to disclose, or be subject to 67 any punitive action for refusing to disclose, any information received from the 68 firefighter under investigation for noncriminal matters; and 69 (10) An employer shall not, either directly or indirectly, require, request, 70 suggest, or cause any firefighter to disclose the username, password, or any other 71 information that would provide access to any of his or her personal social media 72 accounts. 73 2. The provisions of this section shall not be construed to apply to counseling, 74 instruction, or informal verbal admonishment by, or other routine or unplanned contact 75 with, a supervisor or any other firefighter. 320.508. 1. A firefighter shall not be subjected to punitive action or denied 2 promotion, or threatened with that treatment, because of the lawful exercise of the 3 rights granted under sections 320.500 to 320.528 or the exercise of any rights under any 4 existing administrative grievance procedure. 5 2. Punitive action or denial of promotion on grounds other than merit shall not 6 be undertaken by any employing department or licensing or certifying agency against 7 any firefighter who has successfully completed the probationary period without 8 providing the firefighter with an opportunity for administrative appeal. 9 3. A fire chief shall not be removed by a public agency or appointing authority 10 without providing that person with written notice, the reason or reasons for removal, 11 and an opportunity for administrative appeal. For purposes of this subsection, the 12 removal of a fire chief by a public agency or appointing authority, for the purpose of 13 implementing the goals or policies, or both, of the public agency or appointing authority, 14 or for reasons including, but not limited to, incompatibility of management styles or as a 15 result of change in administration, shall be sufficient to constitute reason. Nothing in HB 1733 5
16 this subsection shall be construed to create a property interest, if one does not otherwise 17 exist by rule or law, in the job of fire chief. 18 4. Punitive action or denial of promotion on grounds other than merit shall not 19 be undertaken for any act, omission, or other allegation of misconduct if the 20 investigation of the allegation is not completed within one year of discovery by the 21 employing fire department or licensing or certifying agency. This one-year limitation 22 period shall apply only if the discovery of the act, omission, or other misconduct 23 occurred on or after August 28, 2026. If the employing department or licensing or 24 certifying agency determines that discipline may be taken, it shall complete its 25 investigation and notify the firefighter of its proposed disciplinary action within that 26 year, except in any of the following circumstances: 27 (1) If the firefighter voluntarily waives the one-year time period in writing, the 28 time period shall be tolled for the period of time specified in the written waiver; 29 (2) If the act, omission, or other allegation of misconduct is also the subject of a 30 criminal investigation or criminal prosecution, the time during which the criminal 31 investigation or criminal prosecution is pending shall toll the one-year period; 32 (3) If the investigation is a multijurisdictional investigation that requires a 33 reasonable extension for coordination of the involved agencies; 34 (4) If the investigation involves an employee who is incapacitated or otherwise 35 unavailable; 36 (5) If the investigation involves a matter in civil litigation where the firefighter is 37 named as a party defendant, the one-year time period shall be tolled while that civil 38 action is pending; 39 (6) If the investigation involves a matter in criminal litigation in which the 40 complainant is a criminal defendant, the one-year time period shall be tolled during the 41 period of that defendant's criminal investigation and prosecution; or 42 (7) If the investigation involves an allegation of workers' compensation fraud on 43 the part of the firefighter. 44 5. If a predisciplinary response or grievance procedure is required or utilized, 45 the time for that response or procedure shall not be governed or limited by sections 46 320.500 to 320.528. 47 6. If, after investigation and any predisciplinary response or procedure, the 48 employing department or licensing or certifying agency decides to impose discipline, 49 that agency shall notify the firefighter in writing of its decision to impose discipline 50 within thirty days of its decision but not less than forty-eight hours prior to imposing the 51 discipline. HB 1733 6
52 7. Notwithstanding the one-year time period specified in subsection 4 of this 53 section, an investigation may be reopened against a firefighter if both of the following 54 circumstances exist: 55 (1) Significant new evidence has been discovered that is likely to affect the 56 outcome of the investigation; and 57 (2) One of the following conditions exists: 58 (a) The evidence could not reasonably be discovered in the normal course of 59 investigation without resorting to extraordinary measures by the agency; or 60 (b) The evidence resulted from the firefighter's predisciplinary response or 61 procedure. 320.510. 1. An administrative appeal instituted by a firefighter under sections 2 320.500 to 320.528 shall be conducted in accordance with rules and procedures adopted 3 by the employing department or licensing or certifying agency that are in accordance 4 with chapter 536. 5 2. Notwithstanding subsection 1 of this section, if the employing department is 6 subject to a memorandum of understanding that provides for binding arbitration of 7 administrative appeals, the arbitrator or arbitration panel shall serve as the hearing 8 officer in accordance with chapter 536 and, notwithstanding any other provision of law, 9 that hearing officer's decision shall be binding. However, a memorandum of 10 understanding negotiated with an employing agency shall not control the process for 11 administrative appeals instituted with licensing or certifying agencies. Any 12 administrative appeal instituted with licensing or certifying agencies shall adhere to 13 the requirements prescribed in subsection 1 of this section. 320.512. A firefighter shall not have any comment adverse to his or her interest 2 entered in his or her personnel file, or any other file used for any personnel purposes by 3 his or her employer, without the firefighter having first read and signed the instrument 4 containing the adverse comment indicating he or she is aware of the comment. 5 However, the entry may be made if after reading the instrument, the firefighter refuses 6 to sign it. That fact shall be noted on that document and signed or initialed by the 7 firefighter. 320.514. A firefighter shall have thirty days to file a written response to any 2 adverse comment entered in his or her personnel file. The written response shall be 3 attached to, and shall accompany, the adverse comment. 320.516. 1. Every employer shall, at reasonable times and at reasonable 2 intervals, upon the request of a firefighter, during usual business hours, with no loss of 3 compensation to the firefighter, permit that firefighter to inspect personnel files that are HB 1733 7
4 used or have been used to determine that firefighter's qualifications for employment, 5 promotion, additional compensation, or termination or other disciplinary action. 6 2. Each employer shall keep each firefighter's personnel file or a true and 7 correct copy thereof and shall make the file or copy thereof available within a 8 reasonable period of time after a request therefor by the firefighter. 9 3. If, after examination of the firefighter's personnel file, the firefighter believes 10 that any portion of the material is mistakenly or unlawfully placed in the file, the 11 firefighter may request, in writing, that the mistaken or unlawful portion be corrected 12 or deleted. Any request made pursuant to this subsection shall include a statement by 13 the firefighter describing the corrections or deletions from the personnel file requested 14 and the reasons supporting those corrections or deletions. A statement submitted 15 pursuant to this subsection shall become part of the personnel file of the firefighter. 16 4. Within thirty calendar days of receipt of a request made under subsection 3 of 17 this section, the employer shall either grant the firefighter's request or notify the 18 firefighter of the decision to refuse to grant the request. If the employer refuses to grant 19 the request, in whole or in part, the employer shall state in writing the reasons for 20 refusing the request and that written statement shall become part of the personnel file of 21 the firefighter. 320.518. 1. A firefighter shall not be compelled to submit to a lie detector test 2 against his or her will. 3 2. Disciplinary action or other recrimination shall not be taken against a 4 firefighter refusing to submit to a lie detector test. 5 3. No comment shall be entered anywhere in the investigator's notes or 6 anywhere else that the firefighter refused to take, or did not take, a lie detector test. 7 4. Testimony or evidence to the effect that the firefighter refused to take, or was 8 subjected to, a lie detector test shall not be admissible at a subsequent hearing, trial, or 9 proceeding, judicial or administrative. 10 5. For purposes of this section, "lie detector" means a polygraph, deceptograph, 11 voice stress analyzer, psychological stress evaluator, or any other similar device, whether 12 mechanical or electrical, that is used, or the results of which are used, for the purpose of 13 rendering a diagnostic opinion regarding the honesty or dishonesty of an individual. 320.520. A firefighter shall not be required or requested for purposes of job 2 assignment or other personnel action to disclo