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SB-1637 Public employees: peace officers.(2001-2002)

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SB1637:v94#DOCUMENT

Senate Bill No. 1637
CHAPTER 900

An act to add Section 50089 to the Government Code, relating to public employees.

[ Filed with Secretary of State  September 26, 2002. Approved by Governor  September 25, 2002. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 1637, Torlakson. Public employees: peace officers.
The Meyers-Milias-Brown Act, which governs local public employer-employee relations, establishes the right of local public employees to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations. Under that act, the governing body of a public agency may not prohibit the right of its employees who are full-time peace officers to join or participate in employee organizations that are composed solely of peace officers, which concern themselves solely and exclusively with the wages, hours, working conditions, welfare programs, and advancement of academic and vocational training in furtherance of the police profession, and which are not subordinate to any other organization.
This bill would provide that an employee organization primarily comprised of peace officers that is a chapter of, or affiliated directly or indirectly in any manner with, a general nonprofit corporation formed for the specific and primary purpose to act as an employee organization for peace officers in this state that directly or indirectly represents less than 7,000 retired or active peace officers, that has not filed with the Secretary of State an agent of the employee organization who has been designated for purposes of service of process by the effective date of this provision is not qualified to be the exclusive or majority bargaining agent until January 1, 2007.
This bill also would prohibit any general nonprofit corporation formed for the specific or primary purpose to act as a recognized employee organization for peace officers in this state that directly or indirectly represents less than 7,000 retired or active peace officers, that has any affiliate, chapter, or member that has failed to file with the Secretary of State an agent who has been designated for purposes of service of process by the effective date of this provision, from establishing or recognizing any member, affiliate, or chapter that was not a bona fide member, affiliate, or chapter of the nonprofit corporation as of January 1, 2003, until January 1, 2007.

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


SECTION 1.

 Section 50089 is added to the Government Code, to read:

50089.
 (a) Any employee organization primarily comprised of peace officers, as described by Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, that is a chapter of, or affiliated directly or indirectly in any manner with, a general nonprofit corporation formed for the specific and primary purpose to act as an employee organization for peace officers in this state that directly or indirectly represents less than 7,000 retired or active peace officers, that has not filed with the Secretary of State an agent of the employee organization who has been designated for purposes of service of process as described in Section 1701, 6410, 8210, 9670, 12610, 24003, or 25550 of the Corporations Code by the effective date of this section, shall not be qualified to be the exclusive or majority bargaining agent, as described in subdivision (a) of Section 3502.5, until January 1, 2007.
(b) Any general nonprofit corporation formed for the specific and primary purpose to act as a recognized employee organization, as defined in subdivision (b) of Section 3501, for peace officers in this state that directly or indirectly represents less than 7,000 retired or active peace officers, that has any affiliate, chapter, or member that has failed to file with the Secretary of State an agent who has been designated for purposes of service of process by the effective date of this section, shall be prohibited from establishing or recognizing any member, affiliate, or chapter that was not a bona fide member, affiliate, or chapter of the nonprofit corporation as of January 1, 2003, until January 1, 2007.
(c) This section shall not apply to any national organization that directly or indirectly represents retired or active peace officers.