BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 455
                                                                  Page  1


          ASSEMBLY THIRD READING
          AB 455 (Campos)
          As Amended March 31, 2011
          Majority vote 

           PUBLIC EMPLOYEES    4-2                                         
           
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          |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 

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