BILL ANALYSIS �
AB 1659
Page 1
Date of Hearing: May 2, 2012
ASSEMBLY COMMITTEE ON PUBLIC EMPLOYEES, RETIREMENT AND SOCIAL
SECURITY
Warren T. Furutani, Chair
AB 1659 (Butler) - As Introduced: February 14, 2012
SUBJECT : Public Employment Relations Board: powers and duties.
SUMMARY : Requires that the employee relations commissions for
the City and County of Los Angeles be independent of county and
city management, as specified, in order to be able to exercise
the powers granted them under the Meyers-Milias-Brown Act
(MMBA). Specifically, this bill :
1)Authorizes the employee relations commissions for the City and
County of Los Angeles to exercise the power and responsibility
to take actions on recognition, unit determinations,
elections, and all unfair practices and to issue
determinations and orders as the commission deems necessary
only if the commissions and their staff meet the following
requirements:
a) They are independent of county and city management;
b) The commissions are funded separately from public
offices, departments, or agencies;
c) The commission is the custodian of records of the
commission.
d) The commission has sole discretion on how to allocate
funds one a budget is allocated.
e) The commission has control over all employment issues
related to its staff and hearing officers.
EXISTING LAW :
1)Permits, under the Meyers-Milias-Brown Act (MMBA), local
governments, including cities, counties, and special
districts, to establish administrative procedures for employee
representation and collective bargaining agreements.
2)Authorizes the Public Employment Relations Board (PERB) to
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resolve labor disputes under the MMBA, filed by an employer or
employee, excluding law enforcement officers and the City and
County of Los Angeles.
3)Grants the employee relations commissions for the City and
County of Los Angeles the power and responsibility to take
actions on recognition, unit determinations, elections, and
all unfair practices and to issue determinations and orders as
the commission deems necessary.
4)Specifies, under the employee relations ordinance of the
county of Los Angeles, that an independent employee relations
commission is created to ensure that all county employees and
their representatives are fairly treated, that their rights
are maintained, and that their requests are fairly heard,
considered and resolve.
FISCAL EFFECT : Unknown.
COMMENTS : According to the author, "The employee relations
ordinance for the County of Los Angeles has established an
employee relations commission and provides that the commission
be independent. However, recent actions taken by Los Angeles
County have called into questions whether the Commission can
operate independently?This bill seeks to remedy this by clearly
defining the independence required for these commissions to
operate as quasi-judicial bodies overseeing employer/employee
relations."
Supporters state, "?this legislation would add an explicit
statutory requirement to ensure the fundamental independence and
integrity of the Los Angeles County Employee Relations
Commission (ERCOM). In light of recent troubling actions by the
Executive Office of the Los Angeles County Board of Supervisors,
the need for this law is clear.
"The ERCOM's important quasi-judicial mandate has always been to
fairly and impartially adjudicate disputes between labor and
management and to ensure that the rights of county employees
(and their union representatives) are maintained.
"Recently, however, the Executive Office of the Board has taken
the position - breaking a four decade ERCOM mandate - that
County management are 'joint' custodians of records for the
ERCOM. This means that management gains access to ERCOM's
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internal staff communications/emails, clearly compromising the
commission's autonomy."
Opponents state, "While Los Angeles County is unique among
counties in that it is exempt from the jurisdiction of PERB, it
is similar to those counties who have created independent local
personnel or employment boards to review personnel matters. The
California State Association of Counties is deeply concerned
about any attempt by the Legislature to control the make-up or
procedures of such local bodies.
"There are safeguards in place for employees including state and
federal employment laws, rules, regulations, county code, Human
Resources/Personnel departments and practices confirmed by
county ordinance. Elected officials are accountable to the
public for the efficient and effective management of a local
agency and therefore they along should be responsible for the
decision-making procedures in personnel matters. County Board
of Supervisors need to have the ability to rule and make sound
decisions regarding county employment matters and AB 1659
impairs Los Angeles County's ability to do just that."
REGISTERED SUPPORT / OPPOSITION :
Support
American Federation of State, County and Municipal Employees,
District Council 36 (Sponsor)
Association of Deputy District Attorneys
Association for Los Angeles Deputy Sheriffs
International Union of Operating Engineers
Los Angeles County Professional Peace Officers Association
Los Angeles/Orange Counties Building and Construction Trades
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Council
Service Employees International Union
Opposition
California State Association of Counties
Los Angeles County Board of Supervisors
Analysis Prepared by : Karon Green / P.E., R. & S.S. / (916)
319-3957