BILL ANALYSIS Ó AB 1036 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 1036 (Allen) As Amended July 12, 2011 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |50-27|(May 19, 2011) |SENATE: |24-15|(August 18, | | | | | | |2011) | ----------------------------------------------------------------- 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. AB 1036 Page 2 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 AB 1036 Page 3 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 AB 1036 Page 4 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 FN: 0001646