California 2017-2018 Regular Session

California Senate Bill SB371 Latest Draft

Bill / Amended Version Filed 04/17/2017

                            Amended IN  Senate  April 17, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 371Introduced by Senator MoorlachFebruary 14, 2017 An act to add Section 3505.9 to the Government Code, relating to public employment. LEGISLATIVE COUNSEL'S DIGESTSB 371, as amended, Moorlach. Local public employee organizations.The Meyers-Milias-Brown Act requires the governing body of a local public agency to meet and confer in good faith regarding wages, hours, and other terms and conditions of employment with representatives of a recognized employee organization.This bill would prohibit an individual who will be covered affected, directly or indirectly, by a memorandum of understanding between a local public agency and a recognized public employee organization from representing the public agency in negotiations with the recognized employee organization. The bill would define the phrases indirectly affected and represent the public agency for those purposes.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 3505.9 is added to the Government Code, to read:3505.9. (a) An individual who will be covered affected, directly or indirectly, by a memorandum of understanding between a public agency and a recognized public employee organization shall not represent the public agency in negotiations with the recognized employee organization.(b) As used in this section:(1) Indirectly affected means both of the following:(A) An individual who is in a recognized employee organization other than that which will be covered by the memorandum of understanding and who may derive increased benefits or compensation from the existence of the memorandum of understanding.(B) An unclassified employee who may derive increased benefits or compensation from the existence of the memorandum of understanding.(2) Represent the public agency means to serve in any capacity on a negotiation team for the public agency in negotiations with a recognized employee organization. Represent the public agency does not include a subject matter expert or an individual who testifies in the negotiation proceedings.

 Amended IN  Senate  April 17, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 371Introduced by Senator MoorlachFebruary 14, 2017 An act to add Section 3505.9 to the Government Code, relating to public employment. LEGISLATIVE COUNSEL'S DIGESTSB 371, as amended, Moorlach. Local public employee organizations.The Meyers-Milias-Brown Act requires the governing body of a local public agency to meet and confer in good faith regarding wages, hours, and other terms and conditions of employment with representatives of a recognized employee organization.This bill would prohibit an individual who will be covered affected, directly or indirectly, by a memorandum of understanding between a local public agency and a recognized public employee organization from representing the public agency in negotiations with the recognized employee organization. The bill would define the phrases indirectly affected and represent the public agency for those purposes.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO 

 Amended IN  Senate  April 17, 2017

Amended IN  Senate  April 17, 2017

 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION

Senate Bill No. 371

Introduced by Senator MoorlachFebruary 14, 2017

Introduced by Senator Moorlach
February 14, 2017

 An act to add Section 3505.9 to the Government Code, relating to public employment. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

SB 371, as amended, Moorlach. Local public employee organizations.

The Meyers-Milias-Brown Act requires the governing body of a local public agency to meet and confer in good faith regarding wages, hours, and other terms and conditions of employment with representatives of a recognized employee organization.This bill would prohibit an individual who will be covered affected, directly or indirectly, by a memorandum of understanding between a local public agency and a recognized public employee organization from representing the public agency in negotiations with the recognized employee organization. The bill would define the phrases indirectly affected and represent the public agency for those purposes.

The Meyers-Milias-Brown Act requires the governing body of a local public agency to meet and confer in good faith regarding wages, hours, and other terms and conditions of employment with representatives of a recognized employee organization.

This bill would prohibit an individual who will be covered affected, directly or indirectly, by a memorandum of understanding between a local public agency and a recognized public employee organization from representing the public agency in negotiations with the recognized employee organization. The bill would define the phrases indirectly affected and represent the public agency for those purposes.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 3505.9 is added to the Government Code, to read:3505.9. (a) An individual who will be covered affected, directly or indirectly, by a memorandum of understanding between a public agency and a recognized public employee organization shall not represent the public agency in negotiations with the recognized employee organization.(b) As used in this section:(1) Indirectly affected means both of the following:(A) An individual who is in a recognized employee organization other than that which will be covered by the memorandum of understanding and who may derive increased benefits or compensation from the existence of the memorandum of understanding.(B) An unclassified employee who may derive increased benefits or compensation from the existence of the memorandum of understanding.(2) Represent the public agency means to serve in any capacity on a negotiation team for the public agency in negotiations with a recognized employee organization. Represent the public agency does not include a subject matter expert or an individual who testifies in the negotiation proceedings.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Section 3505.9 is added to the Government Code, to read:3505.9. (a) An individual who will be covered affected, directly or indirectly, by a memorandum of understanding between a public agency and a recognized public employee organization shall not represent the public agency in negotiations with the recognized employee organization.(b) As used in this section:(1) Indirectly affected means both of the following:(A) An individual who is in a recognized employee organization other than that which will be covered by the memorandum of understanding and who may derive increased benefits or compensation from the existence of the memorandum of understanding.(B) An unclassified employee who may derive increased benefits or compensation from the existence of the memorandum of understanding.(2) Represent the public agency means to serve in any capacity on a negotiation team for the public agency in negotiations with a recognized employee organization. Represent the public agency does not include a subject matter expert or an individual who testifies in the negotiation proceedings.

SECTION 1. Section 3505.9 is added to the Government Code, to read:

### SECTION 1.

3505.9. (a) An individual who will be covered affected, directly or indirectly, by a memorandum of understanding between a public agency and a recognized public employee organization shall not represent the public agency in negotiations with the recognized employee organization.(b) As used in this section:(1) Indirectly affected means both of the following:(A) An individual who is in a recognized employee organization other than that which will be covered by the memorandum of understanding and who may derive increased benefits or compensation from the existence of the memorandum of understanding.(B) An unclassified employee who may derive increased benefits or compensation from the existence of the memorandum of understanding.(2) Represent the public agency means to serve in any capacity on a negotiation team for the public agency in negotiations with a recognized employee organization. Represent the public agency does not include a subject matter expert or an individual who testifies in the negotiation proceedings.

3505.9. (a) An individual who will be covered affected, directly or indirectly, by a memorandum of understanding between a public agency and a recognized public employee organization shall not represent the public agency in negotiations with the recognized employee organization.(b) As used in this section:(1) Indirectly affected means both of the following:(A) An individual who is in a recognized employee organization other than that which will be covered by the memorandum of understanding and who may derive increased benefits or compensation from the existence of the memorandum of understanding.(B) An unclassified employee who may derive increased benefits or compensation from the existence of the memorandum of understanding.(2) Represent the public agency means to serve in any capacity on a negotiation team for the public agency in negotiations with a recognized employee organization. Represent the public agency does not include a subject matter expert or an individual who testifies in the negotiation proceedings.

3505.9. (a) An individual who will be covered affected, directly or indirectly, by a memorandum of understanding between a public agency and a recognized public employee organization shall not represent the public agency in negotiations with the recognized employee organization.(b) As used in this section:(1) Indirectly affected means both of the following:(A) An individual who is in a recognized employee organization other than that which will be covered by the memorandum of understanding and who may derive increased benefits or compensation from the existence of the memorandum of understanding.(B) An unclassified employee who may derive increased benefits or compensation from the existence of the memorandum of understanding.(2) Represent the public agency means to serve in any capacity on a negotiation team for the public agency in negotiations with a recognized employee organization. Represent the public agency does not include a subject matter expert or an individual who testifies in the negotiation proceedings.



3505.9. (a) An individual who will be covered affected, directly or indirectly, by a memorandum of understanding between a public agency and a recognized public employee organization shall not represent the public agency in negotiations with the recognized employee organization.

(b) As used in this section:

(1) Indirectly affected means both of the following:

(A) An individual who is in a recognized employee organization other than that which will be covered by the memorandum of understanding and who may derive increased benefits or compensation from the existence of the memorandum of understanding.

(B) An unclassified employee who may derive increased benefits or compensation from the existence of the memorandum of understanding.

(2) Represent the public agency means to serve in any capacity on a negotiation team for the public agency in negotiations with a recognized employee organization. Represent the public agency does not include a subject matter expert or an individual who testifies in the negotiation proceedings.