Employee Relations 05/04/2012
AB 1551 (Campos) – Oppose
As Introduced January 26, 2012
AB 1551, by Assembly Member Nora Campos, would exempt certain public safety officers from a requirement to report accidents that occur in a personal vehicle to a personal insurance provider and instead report those accidents to the employer. If enacted, employers of public safety personnel will face increased liability for employees who drive their personal vehicles for work purposes which will increase employers’ insurance costs. CSAC believes that shifting the costs and liability for accidents involving personal vehicles to public employers is inappropriate; the Internal Revenue Service mileage reimbursement rate includes insurance costs among the items for which it is intended to reimburse those who drive their personal vehicles for work purposes. Additionally, as local jurisdictions have adopted policies to address liability for accidents involving personal vehicles that best reflect local priorities and circumstances, it is unnecessary to impose a statewide, one-size-fits-all solution to a perceived problem.
AB 1551 is awaiting a vote on the Assembly Floor. The bill passed out of the Assembly Appropriations Committee this week with no discussion of the fiscal effects of the bill. We encourage counties to review their policies regarding the use of personal vehicles and communicate your concerns to the Legislature.
AB 2543 (Alejo) - Request for Comment
As Amended March 29, 2012
AB 2543, by Assembly Member Luis Alejo, would prohibit a public agency from taking punitive action against a public safety officer, or denying promotion on grounds other than merit, because that officer’s name is placed on a Brady list. The Brady list is any system, index, list, or other record containing the names of peace officers whose personnel files are likely to contain evidence of dishonesty or bias, which is maintained by a prosecutorial agency or office in accordance with the holding in Brady v. Maryland.
AB 2543 would, however, allow a public agency to take punitive or personnel action against a public safety officer based on the underlying acts or omissions for which that officer’s name was placed on the Brady list, but prohibits the introduction of any evidence that an officer’s name was placed on a Brady list in any administrative appeal of a punitive action or civil proceeding between the officer and an office or public agency.
CSAC is concerned that AB 2543 could restrict management’s ability to appropriately discipline peace officers.
AB 2543 will be heard in the Assembly Public Safety Committee on May 8.