BILL NUMBER: AB 2543	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Alejo

                        FEBRUARY 24, 2012

    An act to amend Section 3543.7 of the Government Code,
relating to public educational employment.   An act to
add Section 3305.5 to the Government Code, relating to public safety.




	LEGISLATIVE COUNSEL'S DIGEST


   AB 2543, as amended, Alejo.  Public educational
employment: collective bargaining.   Public Safety
Officers Procedural Bill of Rights Act: Brady lists.  
   The Public Safety Officers Procedural Bill of Rights Act prohibits
any punitive action against a public safety officer, or denial of
promotion on grounds other than merit, without providing the public
safety officer with an opportunity for administrative appeal. 

   This bill would prohibit a public agency from taking punitive
action against a public safety officer, or denying promotion on
grounds other than merit, because that officer's name is placed on a
Brady list, as defined. The bill would provide, however, that the
public agency may take punitive or personnel action against a public
safety officer based on the underlying acts or omissions for which
that officer's name was placed on the Brady list, as specified. The
bill would prohibit the introduction of any evidence that an officer'
s name was placed on a Brady list in any administrative appeal of a
punitive action or civil proceeding between the officer and an office
or public agency.  
   Existing law requires a public school employer or its designees to
meet and negotiate with the exclusive representatives of employee
organizations with regard to matters within the scope of
representation. Existing law provides that the duty to meet and
negotiate in good faith requires the parties to begin negotiations
prior to the adoption of the final budget for the ensuing year, as
specified, so that there is adequate time for agreement to be reached
or for the resolution of an impasse.  
   This bill would make technical, nonsubstantive changes to that
later provision. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 3305.5 is added to the 
 Government Code   , to read:  
   3305.5.  (a) A punitive action, or denial of promotion on grounds
other than merit, shall not be undertaken by any public agency
against any public safety officer because that officer's name has
been placed on a Brady list, or that the officer's name may otherwise
be subject to disclosure pursuant to Brady v. Maryland (1963) 373
U.S. 83.
   (b) This section shall not prohibit a public agency from taking
punitive action, denying promotion on grounds other than merit, or
taking other personnel action against a public safety officer based
on the underlying acts or omissions for which that officer's name was
placed on a Brady list, or may otherwise be subject to disclosure
pursuant to Brady v. Maryland (1963) 373 U.S. 83, if the actions
taken by the public agency otherwise conform to this chapter and to
the rules and procedures adopted by the local agency.
   (c) Evidence that a public safety officer's name has been placed
on a Brady list, or may otherwise be subject to disclosure pursuant
to Brady v. Maryland (1963) 373 U.S. 83, shall not be introduced for
any purpose in any administrative appeal of a punitive action, or in
any civil proceeding between the officer and an office or public
agency.
   (d) For purposes of this section, "Brady list" means any system,
index, list, or other record containing the names of peace officers
whose personnel files are likely to contain evidence of dishonesty or
bias, which is maintained by a prosecutorial agency or office in
accordance with the holding in Brady v. Maryland (1963) 373 U.S. 83.
 
  SECTION 1.    Section 3543.7 of the Government
Code is amended to read:
   3543.7.  The duty to meet and negotiate in good faith requires the
parties to begin negotiations before the adoption of the final
budget for the ensuing year sufficiently in advance of that adoption
date so that there is adequate time for agreement to be reached, or
for the resolution of an impasse.