BILL ANALYSIS
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THIRD READING
Bill No: AB 1206
Author: Jerome Horton (D)
Amended: 6/13/05 in Senate
Vote: 21
SENATE PUBLIC EMP. & RET. COMMITTEE : 3-2, 6/27/05
AYES: Soto, Alarcon, Dunn
NOES: Ashburn, Hollingsworth
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 52-24, 5/19/05 - See last page for vote
SUBJECT : Public employment relations: peace officers
SOURCE : Peace Officers Research Association of
California
DIGEST : This bill requires local government agencies to
administer an employee time bank for peace officers.
ANALYSIS: Existing law, the Meyers-Milias-Brown Act
(MMBA), which governs local public agency employer-employee
relations, permits a local public agency 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.
CONTINUED
AB 1206
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This bill:
1. Requires local government agencies, upon the request of
a recognized employee organization exclusively
representing peace officers, to administer an employee
time bank for use by members of the employee organization
for the purposes of carrying out the business of that
employee organization.
2. Authorizes members of a recognized peace officer
employee organization to contribute sick leave time,
vacation time, annual leave time, or other hourly time to
the employee time bank for use by employee organization
members for employee organization business.
3. Provides that the employee time bank shall be in
addition to the release time without loss of compensation
granted to employee representatives when formally meeting
and conferring with the public agency on matters within
the scope of representation.
4. Provides that existing employer and employee policies
regarding employee leave shall not be affected by this
bill.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/16/05)
Peace Officers Research Association of California (source)
American Federation of State, County and Municipal
Employees
Association for Los Angeles Deputy Sheriffs
California Correctional Peace Officers Association
Los Angeles County Probation Officers Union
Riverside Sheriffs' Association
OPPOSITION : (Verified 8/16/05)
California Correctional Supervisor Organization
City of San Luis Obispo
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Department of Finance
Department of Personnel Administration
National Right to Work Committee in California
San Diego County
ARGUMENTS IN SUPPORT : According to the sponsor, PORAC,
the time banks established pursuant to this bill will allow
peace officers to receive compensation for duties performed
while acting as a representative or officer of a public
employee organization that presently are not eligible for
compensation, such as legislative business.
ARGUMENTS IN OPPOSITION : Department of Finance is
opposed to this bill. They argue that this bill would
circumvent the good faith collective bargaining process and
provide a statutory right in the place of what should be a
negotiated benefit. They Meyers-Milias-Brown Act and the
Dills Act govern public and state employee-employer
relations. Under these statutes, wages, benefits, and
terms and conditions of employment are subject to
collective bargaining. Providing unions with the statutory
right to establish time banks outside of the bargaining
process would limit the negotiation ability of local
employers.
ASSEMBLY FLOOR :
AYES: Arambula, Baca, Bass, Berg, Bermudez, Bogh,
Calderon, Canciamilla, Chan, Chavez, Chu, Cohn, Coto, De
La Torre, Dymally, Evans, Frommer, Goldberg, Hancock,
Jerome Horton, Jones, Karnette, Klehs, Koretz, La Suer,
Laird, Leno, Levine, Lieber, Matthews, Montanez, Mullin,
Nation, Nava, Negrete McLeod, Oropeza, Parra, Pavley,
Plescia, Ridley-Thomas, Ruskin, Saldana, Salinas,
Spitzer, Strickland, Torrico, Umberg, Vargas, Wolk,
Wyland, Yee, Nunez
NOES: Aghazarian, Blakeslee, Cogdill, Daucher, DeVore,
Emmerson, Harman, Haynes, Shirley Horton, Houston, Huff,
Keene, La Malfa, Leslie, Maze, McCarthy, Mountjoy,
Nakanishi, Niello, Richman, Sharon Runner, Tran,
Villines, Walters
NO VOTE RECORDED: Benoit, Garcia, Gordon, Liu
JJA:do 8/17/05 Senate Floor Analyses
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SUPPORT/OPPOSITION: SEE ABOVE
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