HomeMy WebLinkAboutMINUTES - 05032011 - C.39RECOMMENDATION(S):
OPPOSE Assembly Bill 455 (Campos): Public Employment: Local Public Employee
Organizations, a bill that requires, in public agencies that have established merit or
personnel commissions, the memberships of those commissions to be appointed half by the
employer and half by the recognized employee organization, as recommended by the
Legislation Committee.
FISCAL IMPACT:
Unknown. No direct fiscal impact to the County determined at this time.
BACKGROUND:
SUMMARY: This bill would provide that when a local public agency has established a
personnel commission or merit commission to administer personnel rules or a merit system,
the governing board of the public agency would appoint 1/2 of the members of the
commission, and 1/2 of the members of the commission, nominated by the recognized
employee organization, would be appointed by the governing board of the public agency .
Whenever multiple bargaining units are represented by different recognized employee
organizations , the employee organization representing the largest number of employees
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 05/03/2011 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I
Supervisor
Gayle B. Uilkema, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: L. DeLaney,
925-335-1097
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: May 3, 2011
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Carrie Del Bonta, Deputy
cc:
C. 39
To:Board of Supervisors
From:Legislation Committee
Date:May 3, 2011
Contra
Costa
County
Subject:OPPOSE AB 455 (Campos): Public Employment: Local Public Employee Organizations
would designate commission members pursuant to that provision.
Specifically,this bill:
1)Requires, in public agencies that have established merit or personnel commissions, the
memberships of those commissions to be appointed half by the employer and half by the
recognized employee organization. If there are multiple bargaining units represented by
different recognized employee organizations, the one representing the largest number of
employees will be the one to designate commission members, as specified.
2)Requires the commission members to jointly elect one additional member of the
commission to act as chairperson.
EXISTING LAW as established by the Meyers-Milias-Brown Act (MMBA), contains
various provisions intended to promote full communication between public employers and
their employees by providing a reasonable method of resolving disputes regarding wages,
hours, and other terms and conditions of employment between public employers and public
employee organizations.
COMMENTS: A merit system is a personnel system based on the overriding principle of
employment and promotion on the basis of merit for the purpose of obtaining the highest
efficiency and assuring the selection, retention and promotion of the most qualified persons
in the job. Many local public agencies have established merit or personnel commissions to
promulgate and administer the rules and regulations for operating these systems.
According to the sponsor, American Federation of State County and Municipal Employees,
"Despite the importance of merit and personnel commissions to employment relations, the
MMBA, the statutory scheme governing employment relations in public agencies, is silent
as to how these commissions should be composed. Oftentimes commission members are
appointed solely by the employer. A requirement that personnel and merit commission
appointments be shared by the employer and the employee organization would ensure that
the commissions will be more balanced and more fair."
Human Resources Director Ted Cwick recommends that the Legislation Committee oppose
this bill and recommend a position of “Oppose” to the Board of Supervisors. AB 455 could
be destructive of the positive working relationship that exists between the Contra Costa
County Human Resources Department and the Merit Board. The current Merit Board
operates independently of both labor and management and is able to focus on maintaining
the integrity of the Merit System.
AB 455 could create an adversarial labor-management relationship on the Merit Board.
There are many existing avenues of discussing labor-management issues such as collective
bargaining and labor-management committees, which are actively in use throughout Contra
Costa County Government. To politicize and polarize the Merit Board and its processes
would not be in the best interests of the Merit System.
The Legislation Committee considered AB 455 at its April 28, 2011 meeting and
recommends that the Board of Supervisors oppose the bill.
BACKGROUND: (CONT'D)
STATUS:
02/15/2011 INTRODUCED.
03/03/2011 To ASSEMBLY Committee on PUBLIC EMPLOYEES, RETIREMENT
AND SOCIAL SECURITY.
03/30/2011 From ASSEMBLY Committee on PUBLIC EMPLOYEES, RETIREMENT
AND SOCIAL SECURITY: Do pass as amended.
03/31/2011 In ASSEMBLY. Read second time and amended. To second reading.
04/04/2011 In ASSEMBLY. Read second time. To third reading.
04/07/2011 In ASSEMBLY. Read third time. Passed ASSEMBLY. *****To SENATE.
04/26/2011 To SENATE Committee on PUBLIC EMPLOYMENT AND
RETIREMENT.
VOTES:
03/30/2011 Assembly Public Employees, Retirement and Social Security Committee P
4-2
04/07/2011 Assembly Assembly Floor P 46-25
CONSEQUENCE OF NEGATIVE ACTION:
The Board of Supervisors will not be on record with an official position on the bill.
ATTACHMENTS
AB 455 (Campos) Bill Text