BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1036|
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THIRD READING
Bill No: AB 1036
Author: Allen (D)
Amended: 7/12/11 in Senate
Vote: 21
SENATE GOVERNANCE & FINANCE COMMITTEE : 6-3, 7/6/11
AYES: Wolk, DeSaulnier, Hancock, Hernandez, Kehoe, Liu
NOES: Huff, Fuller, La Malfa
ASSEMBLY FLOOR : 50-27, 5/19/11 - See last page for vote
SUBJECT : Regional park, park and open-space, and
open-space districts: employee relations
SOURCE : Author
DIGEST : This bill repeals law that makes regional park
and open space district employees at-will appointees.
ANALYSIS : The Meyers-Milias-Brown Act (Act) which
governs the relations between local governments and their
employees. The Act applies to counties, cities, and
special districts, but not school districts.
State law spells out the functions and duties of a regional
park and open space district's general manager.
Historically, the general manager supervised and controlled
a district's departments and officers. In 1980, the
Legislature amended this assignment and gave general
managers the power to "appoint subordinates, clerks, and
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other employees" who "hold employment at the pleasure of
the general manager" (AB 3299 ÝKnox], Chapter 266, Statutes
of 1980).
This bill repeals the provision which says that regional
park and open space districts' employees hold employment at
the general managers' pleasure.
This bill provides that the Act applies to regional park
and open space districts. This bill allows the districts'
boards of directors to adopt ordinances establishing
employee relations systems, including civil service systems
or merit systems.
If permitted by a county board of supervisors, a regional
park and open space district's board of directors can make
the district's employees subject to the county's employee
relations system. In this situation, the district receives
employee relations services at cost from the county. The
district's board may withdraw the district's employees from
the county's employee relations system.
Comments
The Sonoma County Board of Supervisors is the "ex officio"
board of directors of the Sonoma County Agricultural
Preservation and Open Space District. The Service
Employees International Union - Local 1021 represents some
of the District's two dozen employees. The Union and the
District are negotiating a labor agreement. Participants
note that the 1980 amendment making the regional park and
open space districts' employees at-will appointees
conflicts with a local civil service system, a merit
system, and the Act.
A half-century ago, the Legislature recognized local public
employees' right to organize and negotiate employment terms
with counties, cities, and special districts. However, 30
years ago, an amendment to the regional park and open space
districts' statute injected confusion and possible
conflict. The current labor negotiations in Sonoma County
have focused attention on this potential for conflict.
This bill resolves this problem for all regional park and
open space districts by repealing the 1980 amendment that
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made the districts' employees "at will" positions and
restating that the Act applies.
This bill does for regional park and open space districts'
employee relations what the Legislature has already done
for five other types of special districts:
1. Community services districts (SB 135 ÝKehoe], Chapter
248, Statutes of 2005)
2. Public cemetery districts (SB 341 ÝSenate Local
Government Committee], Chapter 57, Statutes of 2003)
3. Mosquito abatement districts (SB 1588 ÝSenate Local
Government Committee], Chapter 395, Statutes of 2002)
4. Recreation and park districts (SB 707 ÝSenate Local
Government Committee], Chapter 15, Statutes of 2001)
5. Fire protection districts (SB 515 ÝBergeson], Chapter
1013, Statutes of 1987)
The language in this bill reflects what has become the
statewide standard for how the Legislature wants special
districts to manage their employee relations.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 7/12/11)
Service Employees International Union
ARGUMENTS IN SUPPORT : According to the author, "In 2009,
the employees of the Sonoma County Agricultural
Preservation and Open Space District opted to exercise the
rights afforded to them under the MMBA. Of their own
choosing they elected an employee organization to represent
them in all of their employment interests. However, because
of this outdated statute there is a dispute over whether
the general manager of the Agricultural District can
discipline or terminate the employees without just cause."
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ASSEMBLY FLOOR : 50-27, 5/19/11
AYES: Allen, Ammiano, Atkins, Beall, Block, Blumenfield,
Bonilla, Bradford, Brownley, Buchanan, Butler, Charles
Calderon, Campos, Carter, Cedillo, Chesbro, Davis,
Dickinson, Eng, Feuer, Fong, Fuentes, Furutani, Galgiani,
Gatto, Gordon, Hall, Hayashi, Roger Hernández, Hill,
Huber, Hueso, Huffman, Lara, Bonnie Lowenthal, Mendoza,
Mitchell, Monning, Pan, Perea, V. Manuel Pérez,
Portantino, Skinner, Solorio, Swanson, Torres,
Wieckowski, Williams, Yamada, John A. Pérez
NOES: Achadjian, Bill Berryhill, Conway, Cook, Donnelly,
Fletcher, Beth Gaines, Garrick, Grove, Hagman, Halderman,
Harkey, Jeffries, Jones, Knight, Logue, Mansoor, Miller,
Morrell, Nestande, Nielsen, Norby, Olsen, Silva, Smyth,
Valadao, Wagner
NO VOTE RECORDED: Alejo, Gorell, Ma
AGB:kc 7/12/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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