(1)Existing law generally requires state and local public employers that conduct new employee orientations to provide the exclusive representative of those employees access to the orientation. Existing law requires the exclusive representative to receive at least 10 days notice in advance of an orientation and requires that the structure, time, and manner of exclusive representative access shall be determined through mutual agreement between the employer and the exclusive representative, subject to specified requirements.

This bill would require that the date, time, and place of the orientation be confidential and not be shared with anyone other than employees or employees, the exclusive representative. representative, or a vendor that is contracted to provide a service for purposes of the orientation.

(2)Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

(3)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 no reimbursement is required by this act for a specified reason.

Existing law provides that, subject to specified restrictions, every person has the right of protection from bodily restraint or harm, personal insult, defamation, and injury to that persons personal relations.

This bill would make nonsubstantive changes to this provision.

SENATE COMMITTEE ON

PUBLIC EMPLOYMENT AND RETIREMENT

Dr. Richard Pan, Chair

2017 - 2018 Regular

Bill No: AB 2970 Hearing Date: 6/11/18

Subject: Public employees: new employee orientations.

SOURCE: California Labor Federation, AFL-CIO

ASSEMBLY VOTES:

DIGEST: This bill requires that the date, time, and place of the orientation of a new public employee must not be disclosed in advance of the orientation to anyone other than employees, the exclusive employee representative, or a vendor that is contracted to provide a service for purposes of the orientation.

ANALYSIS:

Existing law:

1. Governs under numerous laws employer-employee relations between public agencies and their employees, including the right of employees to choose to join and be represented by employee organizations or their exclusive representatives.
2. Delegates jurisdiction over the public employer-employee relationship to the Public Employment Relations Board (PERB) and charges PERB with resolving disputes and enforcing the statutory duties and rights of local public agency employers and employee organizations but provides the City and County of Los Angeles a local alternative to PERB oversight.
3. Provides that public employers must provide the exclusive representative of an employee group mandatory access to its new employee orientations; establishes the timeframe of notice regarding an orientation, as specified, to the exclusive representative.
4. States pursuant to Section 3 of Article I of the California Constitution that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill:

1. Requires that the date, time, and place of the orientation of a new public employee must not be disclosed in advance of the orientation to anyone other than employees, the exclusive employee representative, or a vendor that is contracted to provide a service for purposes of the orientation.
2. Makes a legislative finding and declaration that this bill imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies, as specified, and that this bill balances the right of the public to access writings of public agencies while protecting the privacy of employees.
3. Provides that reimbursement to local agencies or school districts is not required by this measure, as specified.

Background

According to the author, “to ensure that the required new employee orientation is a time to present information about the job and allow the union to present information about the contract and other provided services, the details of the event should be kept confidential. Keeping the location, date, and time confidential will ensure that organizations are prevented from attending in order to disrupt the meeting as well as ensuring an employee’s privacy. Unfortunately, there have been a few instances of workers being targeted at public gatherings, so privacy and safety concerns make this bill necessary.”

Related/Prior Legislation

AB 119 (Committee on Budget, Chapter 21, Statutes of 2017), requires all public sector entities allow specified public sector representatives to present to employees during a new employee orientation and provide to the representatives specified employee contact information.

AB 2835 (Cooper, 2015), died on the Senate Inactive File, would have required all public employers to provide a specified employee orientation to all newly hired public employees, authorizes the recognized employee organization to participate in the employee orientation for represented employees, and provides that orientations for current employees are subject to bargaining.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

According to the Assembly Appropriations Committee, this bill has unknown fiscal costs.

The Department of Finance notes that “this bill may result in increased workload to the extent the Public Employment Relations Board is required to resolve additional unfair practice charges in instances where exclusive representatives perceive public employers have not maintained the confidentiality of information regarding new employee orientations.”

SUPPORT:

California Labor Federation, AFL-CIO (source)

American Federation of State, County and Municipal Employees, AFL-CIO

California Professional Firefighters

California School Employees Association, AFL-CIO

United Domestic Workers of America – AFSCME Local 3930

OPPOSITION:

Association of California School Administrators

California Association of School Business Officials

California School Boards Association

California School District Association

California State Association of Counties

Kern County Superintendent of Schools

League of California Cities

Orange County Department of Education

Riverside County Superintendent of Schools

School Employers Association of California

Small School Districts Association

ARGUMENTS IN SUPPORT:

The California School Employees Association states,

“[Existing law] provides for new employees who attend orientations to hear from both the employer and the employee organization to understand their new job and their contractual rights. The manner of access is determined by mutual agreement in a way that best accommodates the needs of the parties. Employers are required to give the union ten days’ notice unless circumstances do not permit such notice.

Existing law does not specify that this notice should only be provided to the relevant parties and otherwise is considered confidential. This opens the door to outside individuals and organizations targeting public employee orientations. A disturbing report by the U.S. Bureau of Justice Statistics found that the rate of workplace violence is three times higher in the public sector than in the private sector. The orientation law applies to all public employees, including those in every form of law enforcement, such as police, sheriffs, firefighters, EMTs, dispatchers, probation, and corrections. Between 2002 and 2011, 56% of public sector workplace violence was directed at law enforcement or security officers.

AB 2970 will protect public employees by clarifying that notice of new employee organizations should only be provided to relevant parties: new employees, management, and the exclusive representative.”

ARGUMENTS IN OPPOSITION:

According to opponents of AB 2970,

“New public agency employee orientations now required in statute are the responsibility of the employer. By requiring the parties to negotiate the structure, time, and manner of the employee organization to the orientation, statute clearly established the expectation that issues of access would be resolved in the collective bargaining process. This is the proper venue to discuss the issues raised in AB 2970.

While the bill has not been identified as having a fiscal impact, it in fact would result in cost pressures related to the California Public Records Act (CPRA). Employers are required to provide at least ten days of advance notice to the exclusive employee representative of a scheduled orientation. These communications are not exempt from CPRA.

As such, should a member of the public seek these communications, local educational agencies would be compelled to provide them, or risk possible costly litigation for noncompliance with the CPRA. Redacting the information about time and location would then become an expensive exercise.

Enhanced transparency promotes greater public trust and confidence in the government agencies that serve them. Unfortunately, we believe this measure runs counter to such efforts. In addition, we are unaware of a pervasive issue that would warrant the prohibitions that AB 2970 seeks to create. Anecdotal instances offered by the proponents of the measure would not be prevented or cured by AB 2970.”

The California News Publishers Association writes,

“AB 2970 would create a de facto exemption in the California Public Records Act, making secret the date, time and place of new public employee orientations. AB 2970 fails to meet [the California Constitutional] requirement because it does not articulate a specific or compelling reason for keeping this information a secret. The only justification offered for the bill is based on pure speculation.”

ASSEMBLY THIRD READING

ATR Bill Id:AB 2970

Author:(Cooper)

As Amended Ver:May 3, 2018

Majority vote

SUMMARY: Amends existing law related to the orientation of new public employees towards balancing the right of public access to the meetings of public bodies or the writings of public officials and agencies while protecting the privacy of public employees. Specifically, this bill:

1. Provides that the date, time and place of the orientation of a new public employee must not be disclosed in advance of the orientation to anyone other than employees, the exclusive representative, or a vendor that is contracted to provide a service for purposes of the orientation.
2. States a legislative finding and declaration regarding the disclosure of a new public employee orientation that imposes a limitation on the public's right of access to the meetings of public bodies or the writings of public officials and agencies, and that this measure balances the right of the public to access the writings of public agencies while protecting the privacy of employees.

EXISTING LAW:

1. Provides that public employers must provide the exclusive representative mandatory access to its new employee orientations; establishes the timeframe of notice regarding an orientation to the exclusive representative; and, requires the structure, time and manner of the exclusive representative's access to the orientation that must be determined through mutual agreement between the employer and the exclusive representative.
2. Pursuant to the California Constitution Article I, Section 3, a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

FISCAL EFFECT: According to the Assembly Appropriations Committee, this bill would result in no additional state costs.

COMMENTS: According to the author, "Assembly Bill 2970 will ensure that the required new employee orientation is a time for the employer to present information about the job and allow the union to present information about the contract and other provided services. By keeping the details of this event confidential, organizations will be unable to disrupt the meeting while ensuring an employee's privacy.

'Last year, as a result of California's projected influx of new employees, the Legislature adopted a requirement that all new public employees are provided an orientation and that the exclusive representative of those employees have access to and participate in those orientations.

'The law also requires that the exclusive representative receive at least 10 days advance notice of an orientation and requires that the structure, time and manner of exclusive representative access shall be determined through mutual agreement between the employer and the exclusive representatives.

'To ensure that this required orientation is a time for the employer to present information about the job and allow the union to present information about the contract and other provided services, the details of this event should be kept confidential.

'Unfortunately, there have been a few incidents of workers being targeted at public gatherings, so privacy and safety concerns make this bill necessary. [This bill] would require the date, time and place of the new employee orientation be confidential and not be shared with anyone other than the employees, the exclusive representative, or a vendor contracted to provide a service for purposes of the orientation."

Please see the policy committee analysis for a full discussion of this bill.

Analysis Prepared by: Michael Bolden / P.E.,R., & S.S. / (916) 319-3957 FN: 0002767

ASSEMBLY THIRD READING

ATR Bill Id:AB 2970

Author:(Cooper)

As Amended Ver:March 20, 2018

Majority vote

SUMMARY: Amends existing law related to the orientation of new public employees towards balancing the right of public access to the meetings of public bodies or the writings of public officials and agencies while protecting the privacy of public employees. Specifically, this bill:

1. Provides that the date, time and place of the orientation of a new public employee must not be disclosed in advance of the orientation to anyone other than to employees or the exclusive representative.
2. States a legislative finding and declaration regarding the disclosure of a new public employee orientation that imposes a limitation on the public's right of access to the meetings of public bodies or the writings of public officials and agencies, and that this measure balances the right of the public to access the writings of public agencies while protecting the privacy of employees.

EXISTING LAW:

1. Provides that public employers must provide the exclusive representative mandatory access to its new employee orientations; establishes the timeframe of notice regarding an orientation to the exclusive representative; and, requires the structure, time and manner of the exclusive representative's access to the orientation that must be determined through mutual agreement between the employer and the exclusive representative.
2. Pursuant to California Constitution, Article I, Section 3, a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

FISCAL EFFECT: According to the Assembly Appropriations Committee, this bill would result in no additional state costs.

COMMENTS: According to the author, "Assembly Bill 2970 will ensure that the required new employee orientation is a time for the employer to present information about the job and allow the union to present information about the contract and other provided services. By keeping the details of this event confidential, organizations will be unable to disrupt the meeting while ensuring an employee's privacy.

"Last year, as a result of California's projected influx of new employees, the Legislature adopted a requirement that all new public employees are provided an orientation and that the exclusive representative of those employees have access to and participate in those orientations.

"The law also requires that the exclusive representative receive at least 10 days advance notice of an orientation and requires that the structure, time and manner of exclusive representative access shall be determined through mutual agreement between the employer and the exclusive representatives.

"To ensure that this required orientation is a time for the employer to present information about the job and allow the union to present information about the contract and other provided services, the details of this event should be kept confidential.

"Unfortunately, there have been a few incidents of workers being targeted at public gatherings, so privacy and safety concerns make this bill necessary. [This bill] would require the date, time and place of the new employee orientation be confidential and not be shared with anyone other than the employees and the exclusive representative."

Please see the policy committee analysis for a full discussion of this bill.

Analysis Prepared by: Michael Bolden / P.E.,R., & S.S. / (916) 319-3957 FN: 0002712

Date of Hearing: April 18, 2018

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 2970

Author:(Cooper) – As Amended Ver:March 20, 2018

Urgency: No State Mandated Local Program: Yes Reimbursable: No

SUMMARY:

This bill prohibits the advanced disclosure of the date, time, and location of a new public employee orientation to anyone other than the employees or the employees’ exclusive representative.

FISCAL EFFECT:

No additional state costs.

COMMENTS:

Background and purpose. Under existing law, a public employer must provide the exclusive representative of its employees access to a new employee orientation. This orientation must be announced at least 10 days in advance and the employer and the exclusive representative must reach an agreement on the orientation’s structure and manner.

According to supporters, AB 2970 will protect new employees attending orientations by allowing advance notice of these orientations only to the interested parties. Supporters point to the higher rate of workplace violence in the public sector as one reason why this additional privacy is warranted.

Analysis Prepared by: Luke Reidenbach / APPR. / (916) 319-2081

Date of Hearing: April 4, 2018

ASSEMBLY COMMITTEE ON PUBLIC EMPLOYEES, RETIREMENT, AND SOCIAL SECURITY

Freddie Rodriguez, Chair

ABPCA Bill Id:AB 2970 (

Author:Cooper) – As Amended Ver:March 20, 2018

SUBJECT: Public employees: new employee orientations

SUMMARY: Amends existing law related to the orientation of new public employees towards balancing the right of public access to the meetings of public bodies or the writings of public officials and agencies while protecting the privacy of public employees. Specifically, this bill:

1) Provides that the date, time, and place of the orientation of a new public employee must not be disclosed in advance of the orientation to anyone other than to employees or the exclusive representative.

2) States a legislative finding and declaration regarding the disclosure of a new public employee orientation that imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies, as specified, and that this measure balances the right of the public to access the writings of public agencies while protecting the privacy of employees.

3) Provides that reimbursement to local agencies or school districts is not required by this measure, as specified.

EXISTING LAW:

1) Provides that public employers must provide the exclusive representative mandatory access to its new employee orientations; establishes the timeframe of notice regarding an orientation, as specified, to the exclusive representative; and, requires the structure, time and manner of the exclusive representative’s access to the orientation that must be determined through mutual agreement between the employer and the exclusive representative, as specified.

2) Pursuant to Section 3 of Article I of the California Constitution, a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

FISCAL EFFECT: Unknown. This bill has been flagged fiscal by Legislative Counsel.

COMMENTS: According to the author, “Assembly Bill (AB) 2970 will ensure that the required new employee orientation is a time for the employer to present information about the job and allow the union to present information about the contract and other provided services. By keeping the details of this event confidential, organizations will be unable to disrupt the meeting while ensuring an employee’s privacy.”

Additional information provided to the committee from the author states, “[t]raditionally, public sector jobs have had little turnover, but that is changing. According to the Governor’s January 2016 budget: ‘[w]ith more than 40 percent of the state workforce entering retirement by 2018, more work is needed to develop and support the next generation of employees.’

‘Last year, as a result of California’s projected influx of new employees, the Legislature adopted a requirement that all new public employees are provided an orientation and that the exclusive representative of those employees have access to and participate in those orientations.

‘The law also requires that the exclusive representative receive at least 10 days advance notice of an orientation and requires that the structure, time and manner of exclusive representative access shall be determined through mutual agreement between the employer and the exclusive representatives.

‘To ensure that this required orientation is a time for the employer to present information about the job and allow the union to present information about the contract and other provided services, the details of this event should be kept confidential.

‘Unfortunately, there have been a few incidents of workers being targeted at public gatherings, so privacy and safety concerns make this bill necessary. AB 2970 would require the date, time and place of the new employee orientation be confidential and not be shared with anyone other than the employees and the exclusive representative.”

1) Comments by Supporters

Supporters state that, “[Existing law] provides for new employees who attend orientations to hear from both the employer and the employee organization to understand their new job and their contractual rights. The manner of access is determined by mutual agreement in a way that best accommodates the needs of the parties.

‘A report by the United States Bureau of Justice Statistics found that the rate of workplace violence is three times higher in the public sector than in the private sector. Several incidents of workplace violence have occurred where employees were known to be gathering in a group setting and therefore were easily targeted. These include county workers in San Bernardino and psychologists for veterans in Yountville. The orientation law applies to all public employees, including those in every form of law enforcement, such as police, sheriffs, firefighters, EMTs, dispatchers, probation, and corrections. Between 2002 and 2011, 56 percent of public sector workplace violence was directed at law enforcement or security officers.”

Supporters conclude that, “… it seems prudent to protect new employees attending orientations by only providing advance notice to interested parties as set forth in [existing law].”

2) Comments by Opponents

Opponents state that, “[w]hile the bill’s findings and declarations state that it ‘balances the right of the public to access writings of public agencies while protecting the privacy of employees,’ the specific issue the bill seeks to address is not clear. If there is an issue of concern regarding the privacy of employees with respect to new employee orientations, that concern would be more appropriately addressed within the scope of collective bargaining, rather than legislation.”

REGISTERED SUPPORT / OPPOSITION:

Support

California Labor Federation, AFL-CIO (Sponsor)

Opposition

Association of California School Administrators
California Association of School Business Officials
Orange County Department of Education
Riverside County Superintendent of Schools
School Employers Association of California
Small School Districts Association

Analysis Prepared by: Michael Bolden / P.E.,R., & S.S. / (916) 319-3957