BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1036
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 1036 (Allen)
          As Amended  July 12, 2011
          Majority vote
           
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          |ASSEMBLY:  |50-27|(May 19, 2011)  |SENATE: |24-15|(August 18,    |
          |           |     |                |        |     |2011)          |
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           Original Committee Reference:   L. GOV.  

           SUMMARY  :  Makes changes to the role of a general manager of a 
          Regional Park, Park and Open-Space, or Open-Space District and 
          specifies that the Meyers-Milias-Brown Act applies to all 
          districts. 

           The Senate amendments  :

          1)Delete the Sonoma County Agricultural Preservation and Open 
            Space District specific provisions, and instead, provide that 
            the general manager of a Regional Park, Park and Open-Space, 
            or Open-Space District (district) shall appoint and remove 
            subordinates, clerks and other employees, and exercise 
            supervision and control over all departments and offices of 
            the district, subject to the personnel rules, civil service, 
            or merit system, and policies adopted by the board. 

          2)State that the Meyers-Milias-Brown Act applies to all 
            districts.

          3)Authorize a board of directors to adopt an ordinance 
            establishing an employee relations system that may include, 
            but is not limited to, a civil service system or a merit 
            system.

          4)Authorize, with the prior permission of the board of 
            supervisors of the principal county, a board of directors to 
            adopt an ordinance that makes the employees of the district 
            subject to the employee relations system of the principal 
            county. 

          5)Authorize the board of directors to adopt an ordinance that 
            withdraws the employees of the district from the employee 
            relations system of the principal county. 








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          6)Provide that a district in which the employees of the district 
            are subject to the employee relations system of the principal 
            county shall receive employee relations services at cost from 
            the county.

           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;

             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.

           AS PASSED BY THE ASSEMBLY  , this bill:

          1)Provided 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 








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            offices of the District.

          2)Specified that appointees of the Sonoma County Agricultural 
            Preservation and Open Space District do not serve at the 
            pleasure of the general manager.

           FISCAL EFFECT  :  None
           
          COMMENTS  :  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." 

          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. 

          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."

          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 and other districts to 








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          receive all rights as a public employee. 

          Opposition arguments:  Opposition could argue that these 
          provisions in law may be outdated for other special districts 
          than just open-space and park districts and that the provisions 
          of the bill should be extended to cover all types of special 
          districts.  

           
          Analysis Prepared by  :    Katie Kolitsos / L. GOV. / (916) 
          319-3958 


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