BILL ANALYSIS Ó AB 455 Page 1 ASSEMBLY THIRD READING AB 455 (Campos) As Amended March 31, 2011 Majority vote PUBLIC EMPLOYEES 4-2 ----------------------------------------------------------------- |Ayes:|Furutani, Allen, Ma, | | | | |Wieckowski | | | | | | | | |-----+--------------------------+-----+--------------------------| |Nays:|Mansoor, Harkey | | | | | | | | ----------------------------------------------------------------- SUMMARY : Specifies how the membership of public agency merit or personnel commissions must be appointed. Specifically, this bill : 1)Requires, in public agencies that have established merit or personnel commissions, the memberships of those commissions to be appointed half by the employer and half by the recognized employee organization. If there are multiple bargaining units represented by different recognized employee organizations, the one representing the largest number of employees will be the one to designate commission members, as specified. 2)Requires the commission members to jointly elect one additional member of the commission to act as chairperson. EXISTING LAW as established by the Meyers-Milias-Brown Act (MMBA), contains various provisions intended to promote full communication between public employers and their employees by providing a reasonable method of resolving disputes regarding wages, hours, and other terms and conditions of employment between public employers and public employee organizations. FISCAL EFFECT : Unknown COMMENTS : A merit system is a personnel system based on the overriding principle of employment and promotion on the basis of merit for the purpose of obtaining the highest efficiency and assuring the selection, retention and promotion of the most qualified persons in the job. Many local public agencies have AB 455 Page 2 established merit or personnel commissions to promulgate and administer the rules and regulations for operating these systems. According to the sponsor, American Federation of State County and Municipal Employees, "Despite the importance of merit and personnel commissions to employment relations, the MMBA, the statutory scheme governing employment relations in public agencies, is silent as to how these commissions should be composed. Oftentimes commission members are appointed solely by the employer. A requirement that personnel and merit commission appointments be shared by the employer and the employee organization would ensure that the commissions will be more balanced and more fair." Analysis Prepared by : Karon Green / P.E., R. & S.S. / (916) 319-3957 FN: 0000145