BILL NUMBER: AB 105 CHAPTERED 09/26/02 CHAPTER 865 FILED WITH SECRETARY OF STATE SEPTEMBER 26, 2002 APPROVED BY GOVERNOR SEPTEMBER 25, 2002 PASSED THE ASSEMBLY AUGUST 20, 2002 PASSED THE SENATE AUGUST 14, 2002 AMENDED IN SENATE AUGUST 12, 2002 AMENDED IN SENATE SEPTEMBER 7, 2001 AMENDED IN SENATE SEPTEMBER 4, 2001 AMENDED IN SENATE AUGUST 27, 2001 AMENDED IN SENATE AUGUST 20, 2001 AMENDED IN SENATE JULY 2, 2001 INTRODUCED BY Assembly Members Rod Pacheco and Bogh (Coauthors: Assembly Members Leonard, Longville, and Negrete McLeod) JANUARY 12, 2001 An act to amend Section 3508 of the Government Code, relating to public employees. LEGISLATIVE COUNSEL'S DIGEST AB 105, Rod Pacheco. Public employees: peace officers: employee organizations. Existing law grants certain peace officers a right to be represented by an employee organization composed entirely of other peace officers. This provision has been interpreted to apply only to those persons designated as peace officers under specified sections of the Penal Code at the time this provision was amended in 1971. Existing law also provides that, for San Bernardino County only, no distinction shall be made between a position designated as a peace officer position at the time of the enactment of the 1971 amendments to this provision, and a welfare fraud investigator or inspector designated as a peace officer position at any time after the enactment of the 1971 amendments to this provision. This bill would prohibit this distinction with respect to probation corrections officers in San Bernardino County, upon approval by the county board of supervisors by ordinance or resolution. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 3508 of the Government Code is amended to read: 3508. (a) The governing body of a public agency may, in accordance with reasonable standards, designate positions or classes of positions which have duties consisting primarily of the enforcement of state laws or local ordinances, and may by resolution or ordinance adopted after a public hearing, limit or prohibit the right of employees in these positions or classes of positions to form, join, or participate in employee organizations where it is in the public interest to do so. However, the governing body may not prohibit the right of its employees who are full-time "peace officers," as that term is defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, to join or participate in employee organizations which are composed solely of those peace officers, which concern themselves solely and exclusively with the wages, hours, working conditions, welfare programs, and advancement of the academic and vocational training in furtherance of the police profession, and which are not subordinate to any other organization. (b) (1) This subdivision shall apply only to a county of the seventh class. (2) For the purposes of this section, no distinction shall be made between a position designated as a peace officer position by Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code at the time of the enactment of the 1971 amendments to this section, and a welfare fraud investigator or inspector position designated as a peace officer position by any amendment to that Chapter 4.5 at any time after the enactment of the 1971 amendments to this section. (3) It is the intent of this subdivision to overrule San Bernardino County Sheriff's Etc. Assn. v. Board of Supervisors (1992) 7 Cal.App.4th 602, 611, with respect to San Bernardino County designating a welfare fraud investigator or inspector as a peace officer under this section. (c) (1) This subdivision shall apply only to a county of the seventh class and shall not become operative until it is approved by the county board of supervisors by ordinance or resolution. (2) For the purposes of this section, no distinction shall be made between a position designated as a peace officer position by Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code at the time of the enactment of the 1971 amendments to this section, and a probation corrections officer position designated as a peace officer position by any amendment to that Chapter 4.5 at any time after the enactment of the 1971 amendments to this section. (3) It is the intent of this subdivision to overrule San Bernardino County Sheriff's Etc. Assn. v. Board of Supervisors (1992) 7 Cal.App.4th 602, 611, to the extent that it holds that this section prohibits the County of San Bernardino from designating the classifications of Probation Corrections Officers and Supervising Probation Corrections Officers as peace officers. Those officers shall not be designated as peace officers for purposes of this section unless that action is approved by the county board of supervisors by ordinance or resolution. (4) Upon approval by the Board of Supervisors of San Bernardino County, this subdivision shall apply to petitions filed in May 2001 by Probation Corrections Officers and Supervising Probation Corrections Officers. (d) The right of employees to form, join and participate in the activities of employee organizations shall not be restricted by a public agency on any grounds other than those set forth in this section. SEC. 2. Due to the unique circumstances of the County of San Bernardino because of the court's decision in San Bernardino County Sheriff's Etc. Assn. v. Board of Supervisors (1992) 7 Cal.App.4th 602, 611, the Legislature hereby finds and declares that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution. Therefore, this legislation is necessarily applicable only to the County of San Bernardino.