LEGISLATIVE COUNSEL'S DIGEST


AB 827, as amended, De La Torre. Local public employees.
The Meyers-Milias-Brown Act contains various provisions that
govern collective bargaining of local represented employees. The
Ralph M. Brown Act requires that all meetings of a legislative body
of a local agency be open and public and all persons be permitted to
attend unless a closed session is authorized. Existing law requires
all contracts of employment between an employee and a local agency
employer to include a provision which provides that regardless of the
term of the contract, if the contract is terminated, the maximum
cash settlement that an employee may receive shall be an amount equal
to the monthly salary of the employee multiplied by the number of
months left on the unexpired term of the contract, with a maximum of
18 months.
This bill would, notwithstanding that provision,
on and after January 1, 2011, additionally
prohibit an employment contract for a local excluded employee, as
defined, from including any clause that provides for an automatic
renewal, an automatic compensation increase, a severance
payment greater than 12 months' salary, as specified,
or an automatic raise compensation
increase in excess of a cost-of-living adjustment. The bill
would also require the local agency, as defined, to complete
a performance review of any unrepresented individual
who is or will be employed by, and report directly to, the
legislative body of the local agency, excluded
employee, as defined, before a raise an
increase in compensation in excess of a cost-of-living
adjustment may be implemented for that individual. The bill would
also require the vote to increase that person's salary in
excess of a cost-of-living adjustment to be made in open session
also specify that those records, procedures, and
actions shall conform to the requirements of law, including, but not
limited to, the Public Records Act and the Ralph M. Brown Act .
By expanding the duties of local officials, this bill would impose a
state-mandated local program.
The bill would express a legislative finding and declaration that,
to ensure the statewide integrity of local government, the
procedures for the appointment and compensation of excluded employees
are an issue of statewide concern and that, therefore, all counties
and cities, including charter counties, charter cities, and charter
cities and counties, would be subject to the provisions of the bill.

The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
This bill would declare that it is to take effect immediately as
an urgency statute.

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Comments/questions on AB 827 (De La Torre): Local public employees.