BILL ANALYSIS Ó
AB 1036
Page 1
Date of Hearing: May 4, 2011
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Cameron Smyth, Chair
AB 1036 (Allen) - As Amended: April 25, 2011
SUBJECT : Sonoma County Agricultural Preservation and Open Space
District employees.
SUMMARY : Deletes the requirement that the appointees hold
employment at the pleasure
of the general manager for appointees who are employees of the
Sonoma County Agricultural Preservation and Open Space District.
Specifically, this bill :
1)Provides that the general manager of the Sonoma County
Agricultural Preservation and Open Space District shall
appoint subordinates, clerks, and other employees, and
exercise supervision and control over all departments and
offices of the District.
2)Specifies that appointees of the Sonoma County Agricultural
Preservation and Open Space District do not serve at the
pleasure of the general manager.
EXISTING LAW :
1)Provides that the general manager of a Regional Park, Park and
Open-Space, or Open-Space District has the following
administrative and executive functions, powers, and duties:
a) Enforce the Regional Park, Park and Open-Space, and
Open-Space laws and all ordinances and regulations of the
district;
b) Appoint subordinates, clerks, and other employees, and
exercise supervision and control over all departments and
offices of the district;
c) Attend all meetings of the board unless excused by the
board;
d) Submit to the board for adoption any measures,
ordinances, and regulations he or she deems necessary or
expedient;
AB 1036
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e) Enforce all terms and conditions imposed in favor of the
district or its inhabitants in any contract and report any
violations to the board or the police department, as
appropriate; and,
f) Prepare and submit the annual budget to the board, and
perform all other duties imposed by this article or by the
board.
2)Specifies that the appointees shall hold employment at the
pleasure of the general manager.
FISCAL EFFECT : None
COMMENTS :
1)The Public Resources Code regarding the recreational resources
of the state, including parks, museums, and historical
monuments was consolidated and revised in 1939. In 1953, the
Legislature added in provisions guiding the duties of a
general manager of a regional park district; including
requiring the general manager to exercise supervision and
control over all departments and offices of the district.
Those provisions remained the same until 1980 when they were
changed to read as follows: "appoint subordinates, clerks,
and other employees, and exercise supervision and control over
all departments and offices of the district. Such appointees
shall hold employment at the pleasure of the general manager."
2)According to the sponsor, the Service Employees International
Union, the provisions governing the Sonoma County Agricultural
Preservation and Open Space District are in direct conflict
with California's system of public employment and various
collective bargaining schemes. The employees in the Sonoma
County Agricultural Preservation and Open Space District are
extended all of the rights afforded to other public employees.
However, the outdated statute has led to confusion at the
local level and has prevented employees from establishing in
their employment contract the minimal due process rights that
are fundamental to all others in government employment.
AB 1036
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The sponsor states that "AB 1036 is neither radical nor a
departure from any other employment practices in California or
throughout the country. It is a very modest proposal that
would allow the employees of the Sonoma County Agricultural
Preservation and Open Space District to fully enjoy the rights
afforded to their colleagues in cities, counties, the state,
courts, school districts, colleges and other special
districts."
3)Support arguments: Supporters argue that this bill is a
simple clean-up measure to eliminate an outdated provision of
the code in order to allow employees at the Sonoma County
Agricultural Preservation and Open Space District to receive
all rights as a public employee.
Opposition arguments: Opposition could argue that these
provisions in law may be outdated for other districts than
just Sonoma and that the provisions of the bill should be
extended to cover all districts.
REGISTERED SUPPORT / OPPOSITION :
Support
Service Employees International Union
Opposition
None on file
Analysis Prepared by : Katie Kolitsos / L. GOV. / (916)
319-3958