BILL ANALYSIS Ó
SENATE PUBLIC EMPLOYMENT & RETIREMENT BILL NO: AB 455
Gloria Negrete McLeod, Chair Hearing date: May 9, 2011
AB 455 (Campos) as amended 3/31/11 FISCAL: NO
LOCAL PUBLIC AGENCY PERSONNEL AND MERIT COMMISSIONS:
COMPOSITION OF MEMBERSHIP
HISTORY :
Sponsor: American Federation of State, County and
Municipal Employees (AFSCME), AFL-CIO
Prior legislation: None
ASSEMBLY VOTES :
PER & SS 4-2 3/30/11
Assembly Floor 46-25 4/07/11
SUMMARY :
This bill would specify the composition of local public
agency personnel or merit system commissions and the process
of appointment of their members and chairperson.
BACKGROUND AND ANALYSIS :
1)Existing law :
a) established the Meyers-Milias-Brown Act (MMBA), which
provides a statutory framework for local government
employer-employee relations by providing a reasonable
method of resolving disputes regarding wages, hours, and
other terms and conditions of employment between local
public employers and public employee organizations.
1)This bill would :
a) require, in public agencies that have established
Michael Bolden
Date: 5/04/11 Page 1
merit or personnel commissions, that the governing board
of the public agency appoint one-half of the commission
members, and appoint the other one-half as nominated by
the recognized employee organization;
b) specify that whenever 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, and
c) require the commission members to jointly elect one
additional member of the commission who will act as its
chairperson.
FISCAL:
Unknown
COMMENTS :
1)What are Merit Systems in Civil Service ?
A merit system is a personnel system based on the principle
of employment and promotion on the basis of merit for the
purpose of obtaining the highest efficiency while assuring
the selection, retention and promotion of the most
qualified individuals in the job. Many local public
agencies have established merit or personnel commissions to
promulgate and administer the rules and regulations for
operating these systems.
2)The Merit System in State Civil Service
The merit system for State employees is established in
statute and the State Constitution, and is overseen by the
State Personnel Board (SPB) which was "constitutionally
created in 1934 to administer the civil service system and
ensure that state employment is based on merit and free of
political patronage."
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Date: 5/04/11 Page 2
The SPB, whose members are appointed by the Governor and
approved by the Senate, is charged with enforcing civil
service statutes, prescribing probationary periods and job
classifications, adopting other rules authorized by
statute, and reviewing disciplinary actions.
3)Selection of Personnel Commission Members in K-12 Education
Current law provides that a personnel commission
established by a school district must have three members -
one member appointed by the governing board of the
district, one member nominated by the classified employees
of the district and appointed by the governing board of the
district, and a third member jointly appointed by the two
members.
Current law also defines "classified employees" in this
regard as the exclusive representative that represents the
largest number of noncertificated employees in a unit or
units within the district. However, if there is no
exclusive representative within the district, the governing
board must, by written rule, prescribe the method by which
the recommendation is to be made by its classified
employees.
4)Arguments in Support
The author writes that:
"Many municipalities and public agencies appoint merit
and personnel commissions, which promulgate and
administer rules and regulations relating to employee
selection, recruitment, pay, retention, promotion,
evaluation and discipline. ÝHowever], despite the
importance of merit and personnel commissions to
employment relations, the MMBA is silent as to how
these commissions should be composed. A requirement
that personnel and merit commission appointments be
shared by the employer and employee organization would
ensure that the commissions will be more balanced and
fair."
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Date: 5/04/11 Page 3
According to the sponsor:
"Currently, the MMBA does not specify a requirement for
the composition of merit and personnel commissions that
are appointed by municipalities and public agencies.
Because these commissions decide on rules and
regulations relating to employees, their impact on
employees is tremendous. Allowing the employer to
select its members skews the commission unfairly.
ÝThis bill] would prescribe how the membership of
public agency merit and personnel commissions must be
appointed? and will help protect the rights of public
agency employees."
5) SUPPORT :
American Federation of State, County and Municipal
Employees (AFSCME), AFL-CIO, Sponsor
California Labor Federation (CLF)
California State Pipe Trades Council
Coalition of California Utility Employees
International Brotherhood of Electrical Workers (IBEW)
International Union of Elevator Constructors
Service Employees International Union (SEIU), Local 1000
Western States Council of Sheet Metal Workers
Utility Workers Union of America
6) OPPOSITION :
None to date
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Michael Bolden
Date: 5/04/11 Page 4