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SECOND REGULAR SESSION
HOUSE BILL NO. 1733
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE WELLENKAMP .
4539H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o 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 pro visions of sections 320.500 to 320.528 shall be known and
2 r eferr ed to as the "Fir efighters' Pr ocedural Bill of Rights Act".
320.502. For purposes of sections 320.500 to 320.528, the following terms mean:
2 (1) "Fir efighter", any Missouri res ident who is employed full time or part time
3 by a public agency located in the state as a fir efighter or as a first res ponder 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 fir e district, fir e pr otection district, fir e department, or
7 fir e authority . The term "firef ighter" does not apply to any employee who has not
8 successfully completed the pr obationary 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 fir efighter by the appointing authority's designee rega rding misconduct or violation of
12 policy;
EXPLANA TION — 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.
13 (3) "Public agency", any fir e district, municipal fir e department, ambulance
14 district, or emergency 91 1 dispatching agency;
15 (4) "Punitive action", any action that may lead to dismissal, demotion,
16 suspension, r eduction in salary , written rep rimand, or transfer for purposes of
17 punishment;
18 (5) "Repres entative", an individual who accompanies and advises a fir efighter
19 during an interrog ation and during the course of an investigation and who may
20 intervene, raise objections, and pro vide moral support to the fir efighter;
21 (6) "Social media account", any electr onic service or account or any electr onic
22 content including, but not limited to, videos, photographs, audio blogs, video blogs,
23 podcasts, instant messages or text messages, email prog rams or services, online services,
24 or website pr ofiles.
320.504. 1. Except as otherwise pr ovided in chapter 36, or whenever on duty or
2 in uniform, a fir efighter shall not be pr ohibited fro m engaging, or be coer ced or
3 r equir ed to engage, in political activity .
4 2. A fir efighter shall not be pr ohibited fr om seeking election to, or serving as a
5 member of, the governing board of a school district or any local agency wher e the
6 fir efighter is not employed including, but not limited to, any city , county , or political
7 subdivision ther eof.
320.506. 1. When any fir efighter is under investigation and subjected to
2 interr ogation 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 interroga tion shall be conducted under the following conditions:
5 (1) The interro gation shall be conducted at a reas onable hour , at a time when the
6 fir efighter is on duty , unless an imminent thr eat to the safety of the public req uires
7 otherwise. If the interrogation does occur during off-duty time of the fir efighter being
8 interr ogated, the fir efighter shall be compensated for any off-duty time in accordance
9 with regu lar department pro cedure s. The fir efighter's compensation shall not be
10 r educed as a res ult of any work missed while being interr ogated;
11 (2) The fir efighter under investigation shall be informed, prior to the
12 interr ogation, of the rank, name, and command of the officer or other person in
13 charge of the interrog ation; the interroga ting officer; and all other persons to be present
14 during the interr ogation. All questions dir ected to the fir efighter under investigation
15 shall be asked by and thr ough no mor e than two interro gators at one time;
16 (3) The fir efighter under investigation shall be informed of the nature of the
17 investigation prior to any interrog ation;
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18 (4) The interroga ting session shall be for a reas onable period taking into
19 consideration the gravity and complexity of the issue being investigated. The fir efighter
20 under interrogation shall be allowed re asonable break s 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 fir efighter or the rule set out in Garrity v . New Jersey, 385
24 U.S. 493 (1967), specifically , that the fir efighter is being order ed to answer questions
25 under thr eat of disciplinary action and that the fir efighter's answers to the questions
26 will not be used against the fir efighter in criminal pro ceedings;
27 (6) (a) The fir efighter under investigation shall not be subjected to offensive
28 language or thr eatened with punitive action. A pr omise of reward shall not be made as
29 an inducement to answer any question. The employer shall provi de to, and obtain fr om,
30 the fir efighter under investigation a formal grant of immunity fr om criminal
31 pr osecution, in writing, befor e the firef ighter may be compelled to r espond to
32 incriminating questions in an interro gation. Subject to that grant of immunity , a
33 fir efighter ref using to res pond to questions or subject to interro gations dir ectly r elated
34 to the investigation shall be informed that the failur e to answer questions dir ectly
35 r elated to the investigation may r esult in punitive action;
36 (b) The employer shall not cause the fire fighter under investigation to be
37 subjected to visits by the press or news media without his or her expr ess written consent
38 fr ee of dur ess, and the fir efighter's photograph, home addr ess, telephone number , or
39 other contact information shall not be given to the pr ess or news media without his or
40 her express written consent fre e of dur ess;
41 (7) A statement made during interroga tion by a fir efighter under dur ess,
42 coer cion, or thr eat of punitive action shall not be admissible in any subsequent judicial
43 pr oceeding, subject to the following qualifications:
44 (a) This subdivision shall not limit the use of statements otherwise made by a
45 fir efighter when the employing fir e department is seeking civil service sanctions against
46 any fir efighter; and
47 (b) This subdivision shall not preven t the admissibility of statements otherwise
48 made by the fir efighter during interr ogation in any civil action, including administrative
49 actions, br ought by that fir efighter , or that fir efighter's exclusive r epresent ative, arising
50 out of a disciplinary action;
51 (8) The complete interrog ation of a fir efighter may be record ed. If a r ecording is
52 made of the interro gation, the fir efighter shall have access to the reco rding if any
53 further proceed ings ar e contemplated or prior to any further interroga tion at a
54 subsequent time. The fir efighter shall be entitled to a transcribed copy of any notes
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55 made by a stenographer or to any rep orts or complaints made by investigators or other
56 persons, except those portions that ar e otherwise re quire d by law to be kept
57 confidential. Notes or rep orts that ar e deemed to be confidential shall not be enter ed
58 in the fir efighter's personnel file. The fir efighter being interr ogated shall have the right
59 to bring his or her own record ing device and r ecord any and all aspects of the
60 interr ogation;
61 (9) Upon the filing of a formal written statement of charges, or whenever an
62 interr ogation focuses on matters that may r esult in punitive action against any
63 fir efighter , that fir efighter , at his or her requ est, shall have the right to be re present ed
64 by a r epresent ative of his or her choice who may be pr esent at all times during the
65 interr ogation. The r epr esentative shall not be a person subject to the same
66 investigation. The repr esentative shall not be re quir ed to disclose, or be subject to
67 any punitive action for refu sing to disclose, any information r eceived fr om the
68 fir efighter under investigation for noncriminal matters; and
69 (10) An employer shall not, either dir ectly or indire ctly , req uire, requ est,
70 suggest, or cause any fir efighter to disclose the username, password, or any other
71 information that would pr ovide access to any of his or her personal social media
72 accounts.
73 2. The pr ovisions of this section shall not be construed to apply to counseling,
74 instruction, or informal verbal admonishment by , or other ro utine or unplanned contact
75 with, a supervisor or any other fir efighter .
320.508. 1. A fir efighter shall not be subjected to punitive action or denied
2 pr omotion, or thr eatened with that tr eatment, because of the lawful exerci se of the
3 rights granted under sections 320.500 to 320.528 or the exer cise of any rights under any
4 existing administrative grievance pr ocedur e.
5 2. Punitive action or denial of promot ion on gr ounds other than merit shall not
6 be undertaken by any employing department or licensing or certifying agency against
7 any fir efighter who has successfully completed the pr obationary period without
8 pr oviding the fir efighter with an opportunity for administrative appeal.
9 3. A fir e chief shall not be rem oved by a public agency or appointing authority
10 without pr oviding that person with written notice, the reas on or reas ons for re moval,
11 and an opportunity for administrative appeal. For purposes of this subsection, the
12 r emoval of a fir e 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 reas ons including, but not limited to, incompatibility of management styles or as a
15 r esult of change in administration, shall be sufficient to constitute reas on. Nothing in
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16 this subsection shall be construed to creat e a prope rty interes t, if one does not otherwise
17 exist by rule or law , in the job of fir e chief.
18 4. Punitive action or denial of promot ion on gr ounds 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 fir e 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 occurr ed 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 fir efighter of its prop osed disciplinary action within that
26 year , except in any of the following circums tances:
27 (1) If the fir efighter 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 pr osecution, 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 req uires a
33 r easonable 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 wher e the fire fighter 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 pr osecution; or
42 (7) If the investigation involves an allegation of workers' compensation fraud on
43 the part of the fir efighter .
44 5. If a pr edisciplinary res ponse or grievance proced ure is requ ired or utilized,
45 the time for that res ponse or pr ocedur e shall not be governed or limited by sections
46 320.500 to 320.528.
47 6. If, after investigation and any predi sciplinary r esponse or pro cedur e, the
48 employing department or licensing or certifying agency decides to impose discipline,
49 that agency shall notify the fir efighter 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.
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52 7. Notwithstanding the one-year time period specified in subsection 4 of this
53 section, an investigation may be r eopened against a fir efighter if both of the following
54 cir cumstances exist:
55 (1) Significant new evidence has been discover ed 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 reas onably be discovered in the normal course of
59 investigation without res orting to extraordinary measur es by the agency; or
60 (b) The evidence res ulted fro m the fir efighter's pr edisciplinary res ponse or
61 pr ocedur e.
320.510. 1. An administrative appeal instituted by a fir efighter under sections
2 320.500 to 320.528 shall be conducted in accordance with rules and pr ocedur es 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 pr ovides 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 pr ovision 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 pro cess for
11 administrative appeals instituted with licensing or certifying agencies. Any
1 2 administrative appeal instituted with licensing or certifying agencies shall adher e to
13 the requ irem ents prescrib ed in subsection 1 of this section.
320.512. A fir efighter shall not have any comment adverse to his or her inter est
2 enter ed in his or her personnel file, or any other file used for any personnel purposes by
3 his or her employer , without the fir efighter having first re ad 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 read ing the instrument, the fir efighter refu ses
6 to sign it. That fact shall be noted on that document and signed or initialed by the
7 fir efighter .
320.514. A fir efighter shall have thirty days to file a written res ponse to any
2 adverse comment enter ed in his or her personnel file. The written res ponse shall be
3 attached to, and shall accompany , the adverse comment.
320.516. 1. Every employer shall, at rea sonable times and at reas onable
2 intervals, upon the r equest of a fir efighter , during usual business hours, with no loss of
3 compensation to the fir efighter , permit that fir efighter to inspect personnel files that are
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4 used or have been used to determine that fir efighter's qualifications for employment,
5 pr omotion, additional compensation, or termination or other disciplinary action.
6 2. Each employer shall keep each fir efighter's personnel file or a true and
7 corr ect copy ther eof and shall make the file or copy ther eof available within a
8 r easonable period of time after a req uest ther efor by the fir efighter .
9 3. If, after examination of the fir efighter's personnel file, the fire fighter believes
10 that any portion of the material is mistakenly or unlawfully placed in the file, the
11 fir efighter may requ est, in writing, that the mistaken or unlawful portion be corr ected
12 or deleted. Any req uest made pursuant to this subsection shall include a statement by
13 the fir efighter describing the corr ections or deletions fr om the personnel file request ed
14 and the r easons supporting those correct ions or deletions. A statement submitted
15 pursuant to this subsection shall become part of the personnel file of the fir efighter .
16 4. Within thirty calendar days of r eceipt of a requ est made under subsection 3 of
17 this section, the employer shall either grant the fir efighter's r equest or notify the
18 fir efighter of the decision to r efuse to grant the r equest. If the employer ref uses to grant
19 the req uest, in whole or in part, the employer shall state in writing the r easons for
20 r efusing the req uest and that written statement shall become part of the personnel file of
21 the fir efighter .
320.518. 1. A fir efighter shall not be compelled to submit to a lie detector test
2 against his or her will.
3 2. Disciplinary action or other recrimin ation shall not be taken against a
4 fir efighter ref using to submit to a lie detector test.
5 3. No comment shall be enter ed anywher e in the investigator's notes or
6 anywher e else that the fir efighter re fused to take, or did not take, a lie detector test.
7 4. T estimony or evidence to the effect that the fir efighter ref used to take, or was
8 subjected to, a lie detector test shall not be admissible at a subsequent hearing, trial, or
9 pr oceeding, judicial or administrative.
10 5. For purposes of this section, "lie detector" means a polygraph, deceptograph,
11 voice stres s analyzer , psychological str ess evaluator , or any other similar device, whether
12 mechanical or electrical, that is used, or the res ults of which are used, for the purpose of
13 r endering a diagnostic opinion r egarding the honesty or dishonesty of an individual.
320.520. A fir efighter shall not be r equir ed or req uested for purposes of job
2 assignment or other personnel action to disclose any item of his or her pr operty , income,
3 assets, source of income, debts, or personal or domestic expenditur es, including those of
4 any member of his or her family or household, unless that information is otherwise
5 r equir ed to be furnished under state law or obtained pursuant to court order .
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320.522. A fir efighter shall not have his or her locker sear ched, except in his or
2 her pr esence or with his or her consent, or unless a valid sear ch warrant has been
3 obtained or unless he or she has been notified that a sear ch will be conducted. This
4 section shall apply only to lockers that ar e owned or leased by the employing
5 department or licensing or certifying agency .
320.524. 1. It shall be unlawful for any employing department or licensing or
2 certifying agency to deny or refu se to any fir efighter the rights and pro tections
3 guaranteed by sections 320.500 to 320.528.
4 2. The cir cuit court of the county of pro per venue shall have initial jurisdiction
5 over any proceed ing bro ught by any fir efighter against any employing department or
6 licensing or certifying agency for alleged violations of sections 320.500 to 320.528.
7 3. (1) If the court finds that the employing department or licensing or certifying
8 agency has violated any of the pro visions of sections 320.500 to 320.528, the court shall
9 r ender appr opriate injunctive or other extraordinary relief to r emedy the violation and
10 to pr event futur e violations of a like or similar nature including, but not limited to, the
11 granting of a temporary res training order or prel iminary or permanent injunction
12 pr ohibiting the employing department or licensing or certifying agency fr om taking any
13 punitive action against the fir efighter .
14 (2) If the court finds that a bad faith or frivolous action or a filing for an
15 impr oper purpose has been brou ght under sections 320.500 to 320.528, the court may
16 order sanctions against the party filing the action, the party's attorney , or both,
17 pursuant to the applicable Missouri rules of civil proce dure. Those sanctions may
18 include, but not be limited to, reas onable expenses, including attorney's fees, incurr ed
19 by a fir e department as the court deems appr opriate.
20 (3) Nothing in this subsection is intended to subject actions or filings under this
21 section to rules or standards that ar e differ ent fr om those applicable to other civil
22 actions or filings subject to the Missouri rules of civil pr ocedur e.
23 4. In addition to the extraordinary re lief afforded under sections 320.500 to
24 320.528, upon a finding by the court that a fir e department, its employees, agents, or
25 assigns, with r espect to acts taken within the scope of employment, maliciously violated
26 any pr ovision of sections 320.500 to 320.528 with the intent to injure the fir efighter , the
27 fir e department shall, for each and every violation, be liable for a civil penalty not to
28 exceed twenty-five thousand dollars to be awarded to the fir efighter whose right or
29 pr otection was denied and for r easonable attorney's fees as may be determined by the
30 court. If the court so finds, and ther e is sufficient evidence to establish actual damages
31 suffer ed by the fir efighter whose right or pr otection was denied, the fir e department
32 shall also be liable for the amount of the actual damages. Notwithstanding these
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33 pr ovisions, a fir e department shall not be r equir ed to indemnify a contractor for the
34 contractor's liability under this subsection if ther e is, within the contract between the
35 fir e department and the contractor , a hold harmless or similar pr ovision that protects
36 the fir e department fro m liability for the actions of the contractor . An individual shall
37 not be liable for any act for which a fir e department is liable under this section.
320.526. Nothing in sections 320.500 to 320.528 shall in any way be construed to
2 limit the ability of any employment department, licensing or certifying agency , or any
3 fir efighter to fulfill mutual aid agr eements with other jurisdictions or agencies, and the
4 pr ovisions of sections 320.500 to 320.528 shall not be construed in any way to limit any
5 jurisdictional or interagency cooperation under any cir cumstances wher e that activity is
6 deemed necessary or desirable by the jurisdictions or agencies involved.
320.528. 1. The rights and pr otections described in sections 320.500 to 320.528
2 shall apply only to a fir efighter during events and circu mstances involving the
3 performance of his or her official duties.
4 2. Notwithstanding any pr ovision of law to the contrary , an employer shall
5 pr ovide legal defense for any fir efighter who, while acting in the normal course of his or
6 her duties, is named as a defendant in civil litigation rel ating to such duties.
✔
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