A firefighter shall not have any comment adverse to his or her interest entered in his or her personnel file, or any other file used for any personnel purposes by his or her employer, without the firefighter having first read and signed the instrument containing the adverse comment indicating he or she is aware of the comment. However, the entry may be made if after reading the instrument the firefighter refuses to sign it. That fact shall be noted on that document, and signed or initialed by the firefighter.
Notes of Decisions
White v. Cnty. of Los Angeles CA2/7 (Cal. Ct. App. 2016).
· cites it 2× “) The Court further concluded that where “the adverse comments arise out of an investigation, the very purpose of which was to assess the employee’s qualifications for continued employment, . . . the [POBRA] applies, whether or not the comments are prepared and filed prior to…”
O'Hara v. Liberty Rural Cnty. Fire Prot. Dist. CA3 (Cal. Ct. App. 2023).
“) As relevant here, the FPBOR required that Seifert and the District give O’Hara an opportunity to respond to adverse comments in his personnel file (Gov. Code, §§ 3255, 3256), and appeal punitive actions on grounds other than merit (Gov.”
Phillips-Kerley v. City of Fresno Fire Dep't (E.D. Cal. 2019).
“See Cal. Gov. Code §§ 3255 , 3256. 18 e. Conclusion 19 The City of Fresno’s motion to dismiss is GRANTED as to the Seventh Cause of Action 20 on the grounds that Phillips-Kerley has failed to satisfy the requirements of the Claims Act.”
Chevalier v. California High. Patrol CA3 (Cal. Ct. App. 2025).
“4 One of the issues in Poole was how to 3 Poole involved three sections of the Firefighters Procedural Bill of Rights Act (Gov. Code, §§ 3255, 3256, & 3256.5) that are virtually identical to Government Code sections 3305, 3306, and 3306.”
Poole v. Orange Cty. Fire Auth. (Cal. Ct. App. 2013).
“” (Gov. Code, § 3255, italics added; all undesignated statutory references are to the Government Code unless otherwise stated.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.