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
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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