BILL ANALYSIS Ó
AB 455
Page 1
GOVERNOR'S VETO
AB 455 (Campos)
As Amended March 31, 2011
2/3 vote
PUBLIC EMPLOYEES 4-2
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|Ayes:|Furutani, Allen, Ma, | | |
| |Wieckowski | | |
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|Nays:|Mansoor, Harkey | | |
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|ASSEMBLY: |46-25|(April 7, 2011) |SENATE: |23-14|(July 5, 2011) |
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Original Committee Reference: P.E.,R. & S.S.
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.
AB 455
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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
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."
GOVERNOR'S VETO MESSAGE :
This bill prescribes how all local merit or personnel
commission members should be appointed. It requires
that half of the members be selected by the employer
and half by the largest employee bargaining unit.
While intended to create more balanced commissions and
address concerns relating to individual commissions,
this measure imposes a top down, one-size-fits-all
solution on all merit and personnel commissions
statewide.
This measure seeks to impose a level of state control
AB 455
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that is inconsistent with my administration's efforts
to realign state services and to increase local
control. Concerns relating to specific commissions
should be addressed on a case-by-case basis at the
local level.
Analysis Prepared by: Karon Green / P.E., R. & S.S. / (916)
319-3957
FN: 0001739