California Assembly Bill AB2543 Amended / Bill

 BILL NUMBER: AB 2543AMENDED BILL TEXT AMENDED IN ASSEMBLY MARCH 29, 2012 INTRODUCED BY Assembly Member Alejo FEBRUARY 24, 2012  An act to amend Section 3543.7 of the Government Code, relating to public educational employment.   An act to add Section 3305.5 to the Government Code, relating to public safety.  LEGISLATIVE COUNSEL'S DIGEST AB 2543, as amended, Alejo.  Public educational employment: collective bargaining.   Public Safety Officers Procedural Bill of Rights Act: Brady lists.   The Public Safety Officers Procedural Bill of Rights Act prohibits any punitive action against a public safety officer, or denial of promotion on grounds other than merit, without providing the public safety officer with an opportunity for administrative appeal.   This bill would prohibit a public agency from taking punitive action against a public safety officer, or denying promotion on grounds other than merit, because that officer's name is placed on a Brady list, as defined. The bill would provide, however, that the public agency may take punitive or personnel action against a public safety officer based on the underlying acts or omissions for which that officer's name was placed on the Brady list, as specified. The bill would prohibit the introduction of any evidence that an officer' s name was placed on a Brady list in any administrative appeal of a punitive action or civil proceeding between the officer and an office or public agency.   Existing law requires a public school employer or its designees to meet and negotiate with the exclusive representatives of employee organizations with regard to matters within the scope of representation. Existing law provides that the duty to meet and negotiate in good faith requires the parties to begin negotiations prior to the adoption of the final budget for the ensuing year, as specified, so that there is adequate time for agreement to be reached or for the resolution of an impasse.   This bill would make technical, nonsubstantive changes to that later provision.  Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 3305.5 is added to the   Government Code   , to read:   3305.5. (a) A punitive action, or denial of promotion on grounds other than merit, shall not be undertaken by any public agency against any public safety officer because that officer's name has been placed on a Brady list, or that the officer's name may otherwise be subject to disclosure pursuant to Brady v. Maryland (1963) 373 U.S. 83. (b) This section shall not prohibit a public agency from taking punitive action, denying promotion on grounds other than merit, or taking other personnel action against a public safety officer based on the underlying acts or omissions for which that officer's name was placed on a Brady list, or may otherwise be subject to disclosure pursuant to Brady v. Maryland (1963) 373 U.S. 83, if the actions taken by the public agency otherwise conform to this chapter and to the rules and procedures adopted by the local agency. (c) Evidence that a public safety officer's name has been placed on a Brady list, or may otherwise be subject to disclosure pursuant to Brady v. Maryland (1963) 373 U.S. 83, shall not be introduced for any purpose in any administrative appeal of a punitive action, or in any civil proceeding between the officer and an office or public agency. (d) For purposes of this section, "Brady list" means any system, index, list, or other record containing the names of peace officers whose personnel files are likely to contain evidence of dishonesty or bias, which is maintained by a prosecutorial agency or office in accordance with the holding in Brady v. Maryland (1963) 373 U.S. 83.   SECTION 1.   Section 3543.7 of the Government Code is amended to read: 3543.7. The duty to meet and negotiate in good faith requires the parties to begin negotiations before the adoption of the final budget for the ensuing year sufficiently in advance of that adoption date so that there is adequate time for agreement to be reached, or for the resolution of an impasse.