BILL ANALYSIS
AB 1206
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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
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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
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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