BILL ANALYSIS AB 1206 Page 1 Date of Hearing: April 6, 2005 ASSEMBLY COMMITTEE ON PUBLIC EMPLOYEES, RETIREMENT AND SOCIAL SECURITY Alberto Torrico, Chair AB 1206 (Jerome Horton) - As Introduced: February 22, 2005 SUBJECT : Public employment relations: peace officers SUMMARY : Authorizes compensation for public safety employees while they are conducting business for a recognized employee organization. Specifically, this bill : 1) Requires the appointing authority to grant to any person who is a peace officer upon request, a leave of absence without loss of compensation for the purpose of enabling the peace officer to serve as an elected officer of any employee organization, or any statewide or national public employee organization with which the local or state employee organization is affiliated. 2) Provide that compensation during the leave would include retirement fund contributions required of the appointing authority as employer. 3) Provide that following the state's or local agency's payment of the peace officer for the leave of absence, the state or local agency shall be reimbursed by the employee organization to which the peace officer is an elected officer for all compensation paid the peace officer on account of the leave. EXISTING LAW Permits a public agency employee representative of a recognized employee organization and a state employee representative of a recognized employee organization reasonable time off without loss of compensation or other benefits when formally meeting and conferring with representatives of the public employer on matters within the scope of representation. FISCAL EFFECT : This bill assumes that compensation costs paid by the employer will be reimbursed by the employee organization. COMMENTS : AB 1206 Page 2 Staff Comments The committee is advised that in the background information provided by the sponsor references are made to a "time bank" however, there is no specific language in the bill referencing a "time bank". Staff recommends that the time bank issue be clarified in bill language. According to the sponsor, Peace Officers Research Association of California, AB 1206 will allow peace officers to receive compensation for duties performed while acting as a representative or officer of a public employee organization. This bill would allow peace officer employee organizations to establish a "Time Bank" for employee organization business. AB 1206 does not specify how the Time Bank must be configured; it merely allows these organizations to set up the bank. All costs to the employer for administering the Time Bank will be reimbursed by the employee organization - there are no state-mandated costs associated with this bill. Argument in Support Current law allows for compensation of a public agency employee representative of a recognized employee organization only when formally meeting and conferring with representatives of the public employer. Often times these representatives must use vacation days or personal holidays in order to be compensated for employee organization business that does not involve meetings with the employer or their organization (such as legislative business). This bill will allow hours set aside for public employee relations to be spent as such so that representatives of these organizations will not have to use vacation time in order to execute their leadership duties. Argument in Opposition According to San Diego County Sheriff's Department: "There are two areas of concern regarding this bill": 1) "The bill takes the discretion away from the employer concerning the granting of release time. Operational needs cannot be considered and the employer must grant release time to the peace officer regardless of department needs." 2) "This bill would require we grant release time to any peace officer for any DSA business, statewide committee, or AB 1206 Page 3 national committee. The DSA has 9 board members and committee members who attend two monthly meetings at the DSA, as well as any number of other committees they may be on, either statewide or nationally (Legal Defense; Pension Reform, etc.). We currently allow the 9 DSA board members release time to attend the twice-monthly meetings, although the contract doesn't require us to do so." "We have a relatively good working relationship with the DSA and their board. We have made great strides to work together to achieve the common goal of what is best for the department and the employees. This bill would take the discretion away from me, making it ever more difficult to manage our overtime and staffing needs." REGISTERED SUPPORT / OPPOSITION : Support Peace Officers Research Association of California (Sponsor) California Correctional Peace Officers Association Opposition San Diego County Sheriff's Department Analysis Prepared by : Clem Meredith / P.E., R. & S.S. / (916) 319-3957