BILL ANALYSIS �
SB 765
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Date of Hearing: June 26, 2013
ASSEMBLY COMMITTEE ON PUBLIC EMPLOYEES, RETIREMENT AND SOCIAL
SECURITY
Rob Bonta, Chair
SB 765 (Block) - As Amended: June 19, 2013
SENATE VOTE : 35-4
SUBJECT : Public employees: collective bargaining.
SUMMARY : Permits a supervisory school peace officer employee
to join or participate in an employee organization and
negotiating unit that is composed of nonsupervisory school peace
officers if the representation has been agreed to by the
supervisory employee representative, the nonsupervisory peace
officer representative, and the employer and those entities have
informed by the Public Employment Relations Board (PERB) of
their agreement. The district may also designate the
supervisory peace officers as a separate entity within the
association of peace officers.
EXISTING LAW :
1)Establishes the Education Employment Relations Act (EERA) to
promote the improvement of personnel management and
employer-employee relations within the public school systems
(K-12 and community colleges) by establishing a process for
recognizing employee organizations.
2)Creates PERB to oversee collective bargaining in the public
sector, as specified, and provides, with regard to supervisory
bargaining units, that PERB shall make determinations as to
whether a bargaining unit is appropriate for collective
bargaining purposes in a school district, under the following
guidelines:
a) Requires that a bargaining unit of supervisory employees
must consist of all supervisory employees in the district
if there are less than 20 supervisory peace officers.
b) Allows, in a district where there are 20 or more
supervisory peace officers, for there to be separate
bargaining units for all of the supervisory peace officers
and all of the supervisory non-peace officers.
SB 765
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c) Prohibits a supervisory employee bargaining unit from
being represented by the same employee organization that
represents the employees they supervise.
FISCAL EFFECT : Unknown. This bill has been keyed non-fiscal
by the Legislative Counsel.
COMMENTS : According to the bill's sponsor, the San Diego
Schools Police Officers Association, states that current law
prohibiting supervisory peace officers from being in the same
employee organization as their rank and file peace officers
raises concerns because of "the potentially inadequate
representation of school peace officer supervisors during a
complaint filed by a citizen of any magnitude, up to and
including the use of excessive force, but more importantly
during critical incidents such as an officer involved shooting.
Those supervisors would be represented by an association of
school administrators who have no knowledge of the Peace
Officers Procedural Bill of Rights. The lack of proper
representation could result in placing that association with a
significant liability for their lack of adequate representation
and the school district itself through punitive action for
violating such rights, money the school does not have."
REGISTERED SUPPORT / OPPOSITION :
Support
San Diego Schools Police Officers Association (Sponsor)
San Diego City Schools
San Diego Unified School District
Opposition
None on file
Analysis Prepared by : Karon Green / P.E., R. & S.S. / (916)
319-3957