Employee Relations update 1/10/2014
End of Session Gut and Amend Fail Makes Reappearance
Counties will recall strongly opposing AB 616 by Assembly Member Raul Bocanegra, which would allow either an employer or an employee representative to seek a determination from the Public Employment Relations Board (PERB) as to whether the parties have reached impasse during labor negotiations and would extend the timeline for an employee representative to submit a dispute to factfinding. CSAC’s opposition centered on the creation of a new process for determining whether impasse has been reached, rather than allowing local rules to dictate. Doing so would add an unnecessary administrative layer to the collective bargaining process that will result in delays and costs to both PERB and counties.
Assembly Member Bocanegra attempted to gut and amend a bill at the end of session that mirrored AB 616, but that legislation never received a hearing. The new legislation is AB 778, which will be heard in the Assembly Public Employees, Retirement and Social Security Committee on January 15.
AB 194 (Campos) – Oppose
As Amended on January 6, 2014
Assembly Bill 194, by Assembly Member Nora Campos, would essentially negate any action taken by a local legislative body if that action was taken in accordance of curtailing public comment/public criticism associated with California’s open meeting laws governed by the Ralph M. Brown Act.
CSAC, along with several other local agency advocacy groups, are opposing the legislation, pointing out that current law already explicitly states actions that can be taken in the case that public criticism or comment has been violated by a member of a local legislative body and AB 194 could simply be used as a tool to delay decisions made by the body or target a specific member of the body. No evidence that the protections afforded under the Brown Act have been violated has been brought forth to necessitate need for this bill.
AB 194 will be heard in the Assembly Local Government Committee on January 15.
Privacy/Identity Theft Issues
AB 1442 (Gatto) – Request for Comment
As Introduced on January 6, 2014
Assembly Bill 1442, by Assembly Member Mike Gatto, would amend the Information Practices Act of 1977 to include local governments and agencies under its governance and clarifies that state and local agencies must destroy any personal information compiled after it has served its necessary and relevant purpose.
AB 1442 is awaiting assignment to a committee.