BILL ANALYSIS                                                                                                                                                                                                   
                                                                     AB 2801


Date of Hearing:  April 6, 1994

            ASSEMBLY COMMITTEE ON PUBLIC EMPLOYEES, RETIREMENT
                           AND SOCIAL SECURITY

                           SAL CANNELLA, Chair

          AB 2801 (W. Brown) - As Introduced:  February 14, 1994

SUBJECT

California Highway Patrol: compensation.

DIGEST

Existing law: 

1)  Requires the Department of Personnel Administration (DPA) to base 
    recommendations for the salaries of the California Highway Patrol (CHP) 
    on the estimated average salaries, as of July 1 of the year in which 
    the recommendations are made, for each corresponding rank for the Los 
    Angeles Police Department, the Los Angeles Sheriff's office, the San 
    Diego Police Department, the Oakland Police Department and the San 
    Francisco Police Department.

2)  Requires DPA to survey these agencies to determine their practices 
š    relative to incentive compensation for educational attainment and 
    training.

This bill:

1)  Would require DPA to compensate sworn members of the CHP on the 
š    estimated average compensation as of July 1 of the year in which the 
    surveys are conducted for the agencies listed above. 

2)  Would allow compensation to deviate from survey results pursuant to a 
š     collective bargaining agreement.

3)  Would require that disputes between employee representatives and DPA 
š     regarding interpretation of survey results be resolved through binding 
    arbitration.

FISCAL EFFECT

No General Fund impact. The California Highway Patrol is funded by the 
šMotor Vehicles Account.  Allocation of funds is subject to legislative 
šappropriation.

COMMENTS

In 1974, AB 3801 (W. Brown) was signed into law creating a recognized 
š
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authority for establishing salary recommendations for the California 
šHighway Patrol (CHP).  The purpose of AB 3801 was to to address a salary 
šand benefits lag for CHP officers that had evolved over the years 
šproceeding 1974 and to ensure that future CHP salaries were competitive 
šwith the local law enforcement agencies with whom the CHP often worked.

By 1979, the CHP was compensating officers 20.6% below the AB 3801 
šrecommended levels, making recruitment and retention of officers difficult. 
š In response, the Legislature placed in the budget a line item to fund 
šsalary levels as statutorily recommended.  The Governor eliminated the 
šfunding, which lead to the Legislature overriding the Governor.

Since 1979, the CHP has again fallen behind other law enforcement agencies 
šin compensation.  According to The California Association of Highway 
šPatrolmen, the sponsors of this bill, the CHP's current compensation is 
š14.3% behind the mean compensation of the five police agencies identified 
šin AB 3801. All five agencies exceed the CHP's salary and total 
šcompensation package.  The dollar amount of total compensation lag for the 
šCHP ranges from a low of $205 per month to a high of $1791 per month.  In 
šan independent survey of 100 randomly selected California police agencies, 
šthe CHP ranked 99 out of 100 in total compensation.

According to Department of Personnel Administration, this bill would place 
šsalaries for highway patrol officers beyond the control of any oversight by 
šState government.  This bill would create a floor for salaries which the 
šunion could exceed through negotiations, but could not be reduced without 
šthe union's agreement.  It also leaves final salary determinations in the 
šhands of an arbitrator rather than through the statutorily authorized 
šcollective bargaining process.

POSITIONS

Support

California Association of Highway Patrolmen (Sponsor)

Opposition

California Taxpayers' Association (Cal-Tax)
Department of Personnel Administration (DPA)













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