Legislation Details

File #: 9347   
Type: Consent Status: Passed
File created: 12/27/2023 Department: County Administrative Office
On agenda: 1/9/2024 Final action: 1/9/2024
Subject: Designation of Assistant County Fire Wardens
Attachments: 1. Item # 10 Executed BAI

REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS

OF SAN BERNARDINO COUNTY

AND RECORD OF ACTION

 

                                          January 9, 2024

 

FROM

LUTHER SNOKE, Chief Executive Officer, County Administrative Office

DAN MUNSEY, Fire Chief/Fire Warden, San Bernardino County Fire Protection District

         

SUBJECT                      

Title                     

Designation of Assistant County Fire Wardens

End

 

RECOMMENDATION(S)

Recommendation

1.                     Approve the designation of the San Bernardino County Fire Protection District Assistant Chiefs as Assistant County Fire Wardens pursuant to Government Code Section 24008 to include the powers under the Assistant County Fire Warden, including the full powers of a Peace Officer as provided for by California Penal Code Section 830.37 (b) and (c), when appointed by the Fire Chief/Fire Warden.

2.                     Approve the designation of the San Bernardino County Fire Protection District Wildland Division Chief as Assistant County Fire Warden pursuant to Government Code Section 24008 to include the powers under the Assistant County Fire Warden, including the full powers of a Peace Officer as provided for by California Penal Code Section 830.37 (b) and (c), when appointed by the Fire Chief/Fire Warden.

(Presenter: Dan Munsey, Fire Chief/Fire Warden, 387-5779)

Body

 

COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES

Provide for the Safety, Health and Social Service Needs of County Residents.

Pursue County Goals and Objectives by Working with Other Agencies and Stakeholders.

 

FINANCIAL IMPACT

Approval of the recommended actions will not require the use of Discretionary General Funding (Net County Cost) as there is no financial impact associated with the designations. 

 

BACKGROUND INFORMATION

Pursuant to Government Code Section 24008, the Board of Supervisors (Board) may appoint a County Fire Warden, Deputy Fire Wardens, or Assistant Fire Wardens in order to include powers otherwise not under the domain of the San Bernardino County Fire Protection District (SBCFPD) Assistant Chiefs or Wildland Division Chief.  The Fire Warden’s responsibilities include overseeing countywide enforcement of laws relating to fire protection, prevention, and fire suppression, which is a primary duty of these peace officers, when acting in that capacity. Specifically, Government Code Section 24008 states the following: “The County Fire Warden shall aid in enforcing all laws and ordinances and any rules or regulations adopted by the State Board of Forestry and Fire Protection and by the State Fire Marshal relating to fires or to fire prevention and protection.” Additionally, “the County Fire Warden and the County Fire Warden’s Deputies and Assistants shall perform those duties relating to fires or to fire protection and prevention required by the Board.”

 

On February 12, 2019 (Item No. 18), pursuant to Government Code Section 24008, the Board designated the SBCFPD Fire Chief as the County Fire Warden.  The Board also designated the SBCFPD Deputy Fire Chiefs and the SBCFPD Fire Marshal as Deputy County Fire Wardens.  These designations included the full powers of a Peace Officer as provided by California Penal Code Section 830.37 (b) and (c).

 

Designating the SBCFPD Assistant Chiefs and the SBCFPD Wildland Division Chief as Assistant County Fire Wardens, when appointed by the Fire Chief/Fire Warden, will allow them to carry out responsibilities listed in Government Code section 24008 and Public Resources Code section 4290 on behalf of the County, while in the field or enforcing fire laws. Members in these positions sometimes encounter criminal activity, dangerous wildlife, and other hazards making this designation beneficial to the public and to the employees.  The designated officials will serve as Assistant County Fire Wardens and will have all of the powers authorized by law, including the full powers of a Peace Officer as provided for by California Penal Code Section 830.37 (b) and (c). 

 

Approval of the recommended actions will allow SBCFPD Assistant Chiefs and the SBCFPD Wildland Division Chief greater authority to act in full capacity in overseeing countywide fire protection, suppression and prevention services, including investigation and arrest for arson related crimes within the county, and therefore provide for the safety needs of the public. 

 

PROCUREMENT

Not applicable.

 

REVIEW BY OTHERS

This item has been reviewed by County Counsel (Scott Runyan, Principal Assistant County Counsel, 387-5455) on November 20, 2023; Human Resources (Gina King, Assistant Director, 387-5571) on December 1, 2023; Finance (Tom Forster, Administrative Analyst, 387-4635) on November 29, 2023; and County Finance and Administration (Valerie Clay, Deputy Executive Officer, 387-5423) on November 30, 2023.