JOHN K. VAN DE KAMP Attorney General
RODNEY O. LILYQUIST Deputy Attorney General
AGO 83-1206
No. 83-1206
California Attorney General Opinion
Office of the Attorney General State of California
April 6, 1984
THE
HONORABLE JERRY PARTAIN, DIRECTOR, DEPARTMENT OF FORESTRY,
has requested an opinion on the following question:
Is an
employee of the Department of Forestry who is receiving
industrial disability benefits pursuant to Government Code
section 19871 entitled to benefit payments that are measured
by the "fire mission" salary rate which otherwise
would be paid to him or her during a declared fire mission
season as compensation for 24-hour readiness?
CONCLUSION
An
employee of the Department of Forestry who is receiving
industrial disability benefits pursuant to Government Code
section 19871 is entitled to benefit payments that are
measured by the "fire mission" salary rate which
otherwise would be paid to him or her during a declared fire
mission season as compensation for 24-hour readiness.
ANALYSIS
The
general duty of the Department of Forestry
("Department") in the prevention and suppression of
fires is stated in Public Resources Code section 4143 as
follows: "The Legislature hereby finds and declares that
the maintenance of the economic well-being of the state and
the public health and safety require that the state, through
the department, obtain full utilization of all equipment,
personnel, and buildings under the jurisdiction of the
director. In order to obtain these benefits, the director, in
accordance with policy determined by the board, may provide
personnel for and operate such fire stations, statewide, as
the director deems necessary to provide the best possible
fire prevention and suppression. . . ."
Department
employees who have firefighting responsibilities are required
to be on 24-hour readiness during the period of the year
designated by the director as "fire mission"
season. During "nonfire mission season," such
readiness is not required, and the rate of pay is less than
that received during fire mission season. (See Pub. Resources
Code, § 4144.)
...
