BILL ANALYSIS AB 1206 Page 1 Date of Hearing: April 20, 2005 ASSEMBLY COMMITTEE ON PUBLIC EMPLOYEES, RETIREMENT AND SOCIAL SECURITY Alberto Torrico, Chair AB 1206 (Jerome Horton) - As Amended: April 18, 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 a local agency employer to administer an "Employee Time Bank", at the request of an employee organization. 2) Requires that all current policies and procedures regarding employee leave to remain in effect. 3) Requires that all costs necessary to operate the "Employee Time Bank" must be borne by the employee organization. 4) Allows members of an employee organization to contribute sick time, vacation time or other hourly time to the "Employee Time Bank" for use by employee organization members for employee organization business. 5) Requires that the "Employee Time Bank" shall be in addition to the release time without loss of compensation granted to representatives of an exclusive employee representative by section 3505.3 or 3518.5, as appropriated. 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 : According to the sponsor, Peace Officers Research Association of AB 1206 Page 2 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 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. AB 1206 Page 3 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