BILL ANALYSIS Bill No: SB 52 SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION Senator Roderick D. Wright, Chair 2009-2010 Regular Session Staff Analysis SB 52 Author: Correa As Amended: April 22, 2009 Hearing Date: April 28, 2009 Consultant: Chris Lindstrom SUBJECT Public Safety Office Medal of Valor. DESCRIPTION SB 52 repeals and recasts the Public Safety Officer Medal of Valor Act. The bill allows the California Public Safety Medal of Valor Review Board to meet more than once a year and to recommend more than five candidates for the Medal per year. Allows the Governor to award a Medal of Valor to more than one public safety officer a year. Specifically, the bill: 1)Provides that the Governor may award a Medal of Valor to one or more public safety officers per year for extraordinary valor above and beyond the call of duty. Eliminates the restriction that the Governor may award more than one Medal of Valor per year only in "exceptional circumstances". 2)Renames the Medal of Valor Review Board the Public Safety Medal of Valor Review Board and states the purpose of the board is to solicit and review applications for, and make recommendations to, the Attorney General regarding the Public Safety Medal of Valor. 3)Provides that board members shall serve without compensation or reimbursement for travel, per diem, or other expenses, and, that they shall minimize travel and SB 52 (Correa) continued Page 2 expenses to the greatest extent possible. Provides that any costs incurred by a member as a result of serving as a member may not be paid by the state. 4)Eliminates language specifying the term of a board member is four (4) years; 5)Eliminates the restriction that the board may not meet more than once a year. 6)Eliminates the authority for the board to establish a quorum to conduct business with less than a majority of the members being present. 7)Eliminates the restriction that the board may not recommend more than five (5) candidates for the Medal of Valor per year, as well as, the exception in which the Attorney General, in exceptional cases, may increase the number of candidates that may be recommended for the award. 8)Provides that the per diem and mileage allowances for witnesses shall be paid from funds donated to the board.9)Eliminates the restriction that if no donated funds are available to the board then the board may not hold hearings and have witnesses. 10)Makes other technical and conforming changes. EXISTING LAW Existing law allows the Governor to annually make awards to employees that distinguish themselves by outstanding service to the state. The Governor may also award Medals of Valor to members of the military distinguishing themselves by courageous conduct at the risk of life, above and beyond the call of duty, while in the service of the state or the United States. Existing law established the Public Safety Officer Medal of Valor Act. Existing law authorizes the Governor to annually award a Medal of Valor to one public safety officer who is cited by the Attorney General, upon the recommendation of the Medal of Valor Review Board, for extraordinary valor above and SB 52 (Correa) continued Page 3 beyond the call of duty. In exceptional circumstances, the Governor may award more than one Medal of Valor in a year. The Public Safety Medal of Valor is the highest state award for valor awarded to a public safety officer. Existing law establishes a Medal of Valor Review Board comprised of representatives of the organizations: 1) The California Peace Officers' Association 2) The California Correctional Peace Officers Association 3) The California State Firefighters' Association 4) The Peace Officers Research Association of California 5) The California Police Chiefs' Association 6) The California Association of Highway Patrolmen 7) The California State Sheriffs' Association 8) The California Union of Safety Employees 9) A group, selected by the board, that represents emergency medical technicians and paramedics. Existing law provides that the members of the board shall serve without compensation or reimbursement for travel, per diem, or other expenses. The board shall minimize travel and expenses and utilize technology to the greatest extent possible by teleconferencing, digital transmission of data, electronic mail, and other communication methods. Existing law provides that the term of a board member shall be four years. Existing law provides that the board shall not meet more than once a year. Existing law provides that a majority of the members of the board shall constitute a quorum to conduct business, but the board may establish a lesser quorum for conducting hearings scheduled by the board. The board may establish by majority vote any other rules for the conduct of the board's business, if the rules are not inconsistent with this chapter or other provisions of law. Existing law provides that the board shall recommend candidates for the Medal of Valor from among the applications received by the board. Not more often than once each year, the board may present to the Attorney General the name or names of those it recommends as SB 52 (Correa) continued Page 4 candidates for the Medal of Valor. In a given year, the board shall not be required to recommend any candidates but may not recommend more than five candidates. The Attorney General in extraordinary cases may increase the number of candidates in a given year. The board shall set an annual timetable for fulfilling its duties under this chapter. Existing law provides that the board may hold one annual hearing to administer oaths, take testimony, and receive evidence as the board considers advisable to carry out its duties. Existing law provides that witnesses requested to appear before the board may be paid the same fees as are paid to witnesses pursuant to the Code of Civil Procedure. The per diem and mileage allowances for witnesses shall be paid from funds donated to the board. Existing law provides that the board may secure directly from any state department or other state or local agency information as the board considers necessary to carry out its duties. Upon the request of the board, the head of a department or agency may furnish information to the board. The board shall not disclose any information that may compromise an ongoing law enforcement investigation or is otherwise required by law to be kept confidential. Existing law provides that the board is authorized to receive donations which shall be used to pay any costs associated with holding its annual meeting and having witnesses. If no donated funds are available to the board, the board may not hold hearings and have witnesses. Existing law provides that the costs of production of the medals shall be funded from existing resources within the Department of Justice. BACKGROUND Purpose of the bill. According to the sponsors, and in communications from other board members, the board is charged with recommending candidates for the medal of Valor to the Attorney General, who then advises the Governor. SB 52 will provide the board with the ability to evaluate the candidates by allowing them to meet more than once a year, as well as, to recognize additional deserving candidates. SB 52 (Correa) continued Page 5 Public Safety Medal of Valor. The Public Safety Medal of Valor is the highest state award given by the Governor to public safety officers who have demonstrated extraordinary valor above and beyond the call of duty. The Medal of Valor Review Board annually recommends candidates to the Attorney General who then advises the Governor. The Governor is authorized to award a Medal of Valor to one public safety officer cited by the Attorney General, or in exceptional circumstances, the Governor may award more than one Medal of Valor in a year. Arguments in support. Proponents of the bill argue that the bill improves the Board's ability to evaluate suitable candidates by allowing it to conduct business more than once a year. In addition, the measure allows the Board to make additional recommendations to the Attorney General, which will allow the Board, Attorney General, and Governor to honor our public safety officers who are deserving of the distinction. PRIOR/RELATED LEGISLATION AB 671 (Krekorian), 2009-2010 Legislative Session . Authorizes the Governor to award and present in the name of the State of California, a Golden Shield Award to one public safety officer who is cited by the Attorney General, upon the recommendation of the Medal of Valor Review Board, who, while serving in competent authority has been wounded or killed, or has died after being wounded in the line of duty. In exceptional circumstances, the Governor may award more than one Golden Shield Award in a year. (Pending in Assembly Public Safety Committee) SB 1800 (Johannessen), Chapter 226, Statutes of 2002 . Enacts the Public Safety Officer Medal of Valor Act. SB 722 (Correa), 2007-2008 Legislative Session . Similar to SB 52 (2009). Gut and amend on the Assembly Floor near the end of the 2009-2010 Legislative Session. (Held in Assembly Rules Committee) SUPPORT: As of April 24, 2009: American Federation of State, County and Municipal Employees Attorney General Edmund G. Brown, Jr. California Association of Highway Patrolmen (sponsor) SB 52 (Correa) continued Page 6 California Correctional Peace Officers Association California Correctional Supervisors Organization California Statewide Law Enforcement Association Captain J.P. Badel (Member, Governor's Public Safety Medal of Valor Review Board) CDF Firefighters Local 2881 Peace Officers Research Association of California OPPOSE: None on file as of April 24, 2009. FISCAL COMMITTEE: Senate Appropriations Committee **********