BILL ANALYSIS �
SB 765
Page 1
SENATE THIRD READING
SB 765 (Block)
As Amended June 19, 2013
Majority vote
SENATE VOTE :35-4
PUBLIC EMPLOYEES 5-1
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|Ayes:|Bonta, Jones-Sawyer, | | |
| |Mullin, Rendon, | | |
| |Wieckowski | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Allen | | |
| | | | |
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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 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:
SB 765
Page 2
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.
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."
Analysis Prepared by : Karon Green / P.E., R. & S.S. / (916)
319-3957
FN: 0001340