Existing law, the Public Safety Officers Procedural Bill of Rights Act, grants certain employment rights to public safety officers, as defined. Existing law, the Meyers-Milias-Brown Act, contains various provisions that govern collective bargaining of local represented employees, and delegates jurisdiction to the Public Employment Relations Board to resolve disputes and enforce the statutory duties and rights of local public agency employers and employees.

Existing law gives public employees the right to refuse to join or participate in the activities of employee organizations, and provides that employees who are members of a bona fide religion, body, or sect that has historically held conscientious objections to joining or financially supporting public employee organizations are not required to join or financially support a public employee organization as a condition of employment, as specified.

Existing law authorizes a recognized employee organization to charge an employee covered by the Firefighters Procedural Bill of Rights Act for the reasonable cost of representation when the employee holds a conscientious objection, as described above, or declines membership in the organization and requests individual representation in a discipline, grievance, arbitration, or administrative hearing from the organization. Existing law applies this authorization only to proceedings for which the recognized employee organization does not exclusively control the process.

This bill would additionally authorize a recognized employee organization to charge an employee covered by the Public Safety Officers Procedural Bill of Rights Act for the reasonable cost of representation when the employee holds a conscientious objection or declines membership in the organization and requests individual representation in a discipline, grievance, arbitration, or administrative hearing from the organization. The bill would apply this authorization only to proceedings for which the recognized employee organization does not exclusively control the process.

Existing law, the Public Safety Officers Procedural Bill of Rights Act, grants certain employment rights to public safety officers, as defined. Existing law, the Meyers-Milias-Brown Act, contains various provisions that govern collective bargaining of local represented employees, and delegates jurisdiction to the Public Employment Relations Board to resolve disputes and enforce the statutory duties and rights of local public agency employers and employees.

Existing law gives public employees the right to refuse to join or participate in the activities of employee organizations, and provides that employees who are members of a bona fide religion, body, or sect that has historically held conscientious objections to joining or financially supporting public employee organizations are not required to join or financially support a public employee organization as a condition of employment, as specified.

Existing law authorizes a recognized employee organization to charge an employee covered by the Firefighters Procedural Bill of Rights Act for the reasonable cost of representation when the employee holds a conscientious objection, as described above, or declines membership in the organization and requests individual representation in a discipline, grievance, arbitration, or administrative hearing from the organization. Existing law applies this authorization only to proceedings for which the recognized employee organization does not exclusively control the process.

This bill would additionally authorize a recognized employee organization to charge an employee covered by the Public Safety Officers Procedural Bill of Rights Act for the reasonable cost of representation when the employee holds a conscientious objection or declines membership in the organization and requests individual representation in a discipline, grievance, arbitration, or administrative hearing from the organization. The bill would apply this authorization only to proceedings for which the recognized employee organization does not exclusively control the process.

Existing law, the Public Safety Officers Procedural Bill of Rights Act, grants certain employment rights to public safety officers, as defined. Existing law, the Meyers-Milias-Brown Act, contains various provisions that govern collective bargaining of local represented employees, and delegates jurisdiction to the Public Employment Relations Board to resolve disputes and enforce the statutory duties and rights of local public agency employers and employees.

Existing law gives public employees the right to refuse to join or participate in the activities of employee organizations, and provides that employees who are members of a bona fide religion, body, or sect that has historically held conscientious objections to joining or financially supporting public employee organizations are not required to join or financially support a public employee organization as a condition of employment, as specified.

Existing law authorizes a recognized employee organization to charge an employee covered by the Firefighters Procedural Bill of Rights Act for the reasonable cost of representation when the employee holds a conscientious objection, as described above, or declines membership in the organization and requests individual representation in a discipline, grievance, arbitration, or administrative hearing from the organization. Existing law applies this authorization only to proceedings for which the recognized employee organization does not exclusively control the process.

This bill would additionally authorize a recognized employee organization to charge an employee covered by the Public Safety Officers Procedural Bill of Rights Act for the reasonable cost of representation when the employee holds a conscientious objection or declines membership in the organization and requests individual representation in a discipline, grievance, arbitration, or administrative hearing from the organization. The bill would apply this authorization only to proceedings for which the recognized employee organization does not exclusively control the process.

 CONSENT  

Bill No: AB 1941

Author: Quirk-Silva (D)

Introduced: 1/29/24

Vote: 21

SENATE LABOR, PUB. EMP. & RET. COMMITTEE: 5-0, 6/5/24

AYES: Smallwood-Cuevas, Wilk, Cortese, Durazo, Laird

ASSEMBLY FLOOR: 75-0, 4/15/24 - See last page for vote

SUBJECT: Local public employee organizations

SOURCE: California Fraternal Order of Police

DIGEST:

This bill authorizes peace officer unions to charge a non-union member peace officer, as specified, for the reasonable costs of the union’s representation in a discipline, grievance, arbitration, or administration hearing.

ANALYSIS:

Existing law:

1. Governs collective bargaining in the private sector under the federal National Relations Labor Relations Act (NLRA) but leaves it to the states to regulate collective bargaining in their respective public sectors. While the NLRA and the decisions of its National Labor Relations Board often provide persuasive precedent in interpreting state collective bargaining law, public employees have no collective bargaining rights absent specific statutory authority establishing those rights. (Title 29 United States Code § 151 et seq.)
2. Provides several statutory frameworks under California law to provide public employees collective bargaining rights, govern public employer-employee relations, and limit labor strife and economic disruption in the public sector through a reasonable method of resolving disputes regarding wages, hours, and other terms and conditions of employment between public employers and recognized public employee organizations or their exclusive representatives. These include the Meyers-Milias-Brown Act (MMBA), which governs the employer-employee relationship between local public agencies and their employees. (Government Code (GC) § 3500 et seq.)
3. Provides a timeframe of not earlier than 15 days in which a local public agency employer may implement its Last Best Final Offer (LBFO), after all mediation and factfinding procedures have been exhausted, but excludes charter cities and counties from the factfinding process when binding interest arbitration applies. (GC § 3505.7)
4. Establishes the Public Employment Relations Board (PERB), a quasi-judicial administrative agency charged with resolving disputes and enforcing the statutory duties and rights of public agency employers and employee organizations, but provides the City and County of Los Angeles a local alternative to PERB oversight. (GC § 3541)
5. Prohibits anyone from requiring an employee who is a member of a bona fide religion, body, or sect that has historically held conscientious objections to joining or financially supporting public employee organizations from joining or financially supporting a public employee organization as a condition of employment. (GC § 3502.5 (c))
6. Establishes the Public Safety Officers Procedural Bill of Rights Act (PSOPBRA), which provides public safety officers special procedural protections from public agency disciplinary actions, as specified. (GC § 3300)
7. Defines “public safety officer” as all peace officers specified in Sections 830.1, 830.2, 830.3, 830.31, 830.32, 830.33, except subdivision (e), 830.34, 830.35, except subdivision (c), 830.36, 830.37, 830.38, 830.4, and 830.5 of the Penal Code. (GC § 3301)

This bill:

1. Authorizes a recognized employee organization to charge an employee covered by the Public Safety Officers Procedural Bill of Rights Act (PSOPBRA) for the reasonable costs of representation, if the employee holds a conscientious objection or declines membership in the organization and requests individual representation in a discipline, grievance, arbitration, or administration hearing from the employee organization.
2. Applies this authorization only to proceedings in which the recognized employee organization does not exclusively control the process.

Comments

Need for this bill? According to the California State Fraternal Order of the Police, “Currently, if a peace officer requests union representation, but is not themselves a member of the union, the union is required to cover the costs of this peace officer’s representation, regardless of the peace officer’s lack of monetary contribution to the union in the form of dues. This requirement forces union members, who pay monetary dues, to subsidize those who do not contribute to the union’s funds.

“In 2022, AB 2556 (O’Donnell) was passed, which addressed a similar issue existing within the Firefighters Procedural Bill of Rights Act. AB 2556 amended the Act, allowing the union to charge a local public employee firefighter reasonable representation costs, if that firefighter was not a member of the union, but requested union representation. AB 1941 (Quirk-Silva) would provide a solution which is necessary to close a similar gap in the reimbursement of expenses incurred by unions who represent employees covered by the Public Safety Officers Procedural Bill of Rights Act.

“The solution presented by AB 1941 (Quirk-Silva) will align the Public Safety Officers Procedural Bill of Rights Act with the Firefighters Procedural Bill of Rights Act and allow for the recovery of costs incurred by unions in representing peace officers who are not themselves members of the union, thus taking the burden of covering such costs off of paying union members.”

Related/Prior Legislation

AB 2556 (O’Donnell, Chapter 412, Statutes of 2022) authorized a recognized employee organization to charge a public agency firefighter covered under the Firefighters Procedural Bill of Rights Act who holds a conscientious objection, as specified, or who declines membership in the recognized employee organization, for the reasonable cost of representation if the firefighter requests individual representation from the recognized employee organization in a discipline, grievance, arbitration, or administrative hearing.

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

SUPPORT: (Verified 6/5/24)

California Fraternal Order of Police (source)
Arcadia Police Officers' Association
Association of Orange County Deputy Sheriffs
Burbank Police Officers' Association
California Coalition of School Safety Professionals
California Statewide Law Enforcement Association
Claremont Police Officers Association
Corona Police Officers Association
Culver City Police Officers' Association
Deputy Sheriffs' Association of Monterey County
Fraternal Order of Police
Fullerton Police Officers' Association
Long Beach Police Officers Association
Los Angeles School Police Management Association
Los Angeles School Police Officers Association
Murrieta Police Officers' Association
Newport Beach Police Association
Novato Police Officers Association
Palos Verdes Police Officers Association
Placer County Deputy Sheriffs' Association
Pomona Police Officers' Association
Riverside Police Officers Association
Riverside Sheriffs' Association
Sacramento County Deputy Sheriffs' Association
San Bernardino County Sheriff's Employees' Benefit Association
Santa Ana Police Officers Association
Upland Police Officers Association

OPPOSITION: (Verified 6/5/24)

None received

ARGUMENTS IN SUPPORT:

According to a coalition of peace officer employee organizations, including the Riverside Sheriffs’ Association, “Current union members pay monetary dues to their union, and they should not be obligated to subsidize those who do not contribute towards the representation provided by the union. AB 1941 aligns the Public Safety Officers Bill of Rights Act with the Firefighters Bill of Rights Act, authorizing a union to charge conscientious objectors reasonable representation costs upon request for union representation by the public safety officer in question.”

ASSEMBLY FLOOR: 75-0, 4/15/24

AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Cervantes, Chen, Connolly, Davies, Dixon, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

NO VOTE RECORDED: Wendy Carrillo, Megan Dahle, Essayli, Low, Mathis

Prepared by: Glenn Miles / L., P.E. & R. / (916) 651-1556

6/6/24 10:45:59

**** END ****

SENATE COMMITTEE ON LABOR, PUBLIC EMPLOYMENT AND RETIREMENT

Senator Lola Smallwood-Cuevas, Chair

2023 - 2024 Regular

Bill No: AB 1941 Hearing Date: June 5, 2024

SUBJECT: Local public employee organizations

KEY ISSUE

This bill authorizes peace officer unions to charge a non-union member peace officer, as specified, for the reasonable costs of the union’s representation in a discipline, grievance, arbitration, or administration hearing.

ANALYSIS

Existing law:

1. Governs collective bargaining in the private sector under the federal National Relations Labor Relations Act (NLRA) but leaves it to the states to regulate collective bargaining in their respective public sectors. (29 United State Code § 151 et seq.)

While the NLRA and the decisions of its National Labor Relations Board often provide persuasive precedent in interpreting state collective bargaining law, public employees have no collective bargaining rights absent specific statutory authority establishing those rights.

1. Provides several statutory frameworks under California law to provide public employees collective bargaining rights, govern public employer-employee relations, and limit labor strife and economic disruption in the public sector through a reasonable method of resolving disputes regarding wages, hours, and other terms and conditions of employment between public employers and recognized public employee organizations or their exclusive representatives. These include the Meyers-Milias-Brown Act (MMBA) which governs the employer-employee relationship between local public agencies and their employees. (Government Code (GC) § 3500 et seq.)
2. Provides a timeframe of not earlier than 15 days in which a local public agency employer may implement its Last Best Final Offer (LBFO), after all mediation and factfinding procedures have been exhausted, but excludes charter cities and counties from the factfinding process when binding interest arbitration applies. (GC § 3505.7)
3. Establishes the Public Employment Relations Board (PERB), a quasi-judicial administrative agency charged with resolving disputes and enforcing the statutory duties and rights of public agency employers and employee organizations, but provides the City and County of Los Angeles a local alternative to PERB oversight. (GC § 3541)
4. Prohibits anyone from requiring an employee who is a member of a bona fide religion, body, or sect that has historically held conscientious objections to joining or financially supporting public employee organizations from joining or financially supporting a public employee organization as a condition of employment. (GC § 3502.5 (c))
5. Establishes the Public Safety Officers Procedural Bill of Rights Act (PSOPBRA), which provides public safety officers special procedural protections from public agency disciplinary actions, as specified. (GC § 3300)
6. Defines “public safety officer” as all peace officers specified in Sections 830.1, 830.2, 830.3, 830.31, 830.32, 830.33, except subdivision (e), 830.34, 830.35, except subdivision (c), 830.36, 830.37, 830.38, 830.4, and 830.5 of the Penal Code. (GC § 3301)

This bill:

1. Authorizes a recognized employee organization to charge an employee covered by the Public Safety Officers Procedural Bill of Rights Act (PSOPBRA) for the reasonable costs of representation, if the employee holds a conscientious objection or declines membership in the organization and requests individual representation in a discipline, grievance, arbitration, or administration hearing from the employee organization.
2. Applies this authorization only to proceedings in which the recognized employee organization does not exclusively control the process.

COMMENTS

1. Need for this bill?

According to the California State Fraternal Order of the Police:

“Currently, if a peace officer requests union representation, but is not themselves a member of the union, the union is required to cover the costs of this peace officer’s representation, regardless of the peace officer’s lack of monetary contribution to the union in the form of dues. This requirement forces union members, who pay monetary dues, to subsidize those who do not contribute to the union’s funds.

In 2022, AB 2556 (O’Donnell) was passed, which addressed a similar issue existing within the Firefighters Procedural Bill of Rights Act. AB 2556 amended the Act, allowing the union to charge a local public employee firefighter reasonable representation costs, if that firefighter was not a member of the union, but requested union representation. AB 1941 (Quirk-Silva) would provide a solution which is necessary to close a similar gap in the reimbursement of expenses incurred by unions who represent employees covered by the Public Safety Officers Procedural Bill of Rights Act.

The solution presented by AB 1941 (Quirk-Silva) will align the Public Safety Officers Procedural Bill of Rights Act with the Firefighters Procedural Bill of Rights Act and allow for the recovery of costs incurred by unions in representing peace officers who are not themselves members of the union, thus taking the burden of covering such costs off of paying union members.”

2. Proponent Arguments

According to a coalition of peace officer employee organizations, including the Riverside Sheriffs’ Association:

“Current union members pay monetary dues to their union, and they should not be obligated to subsidize those who do not contribute towards the representation provided by the union. AB 1941 aligns the Public Safety Officers Bill of Rights Act with the Firefighters Bill of Rights Act, authorizing a union to charge conscientious objectors reasonable representation costs upon request for union representation by the public safety officer in question.”

3. Opponent Arguments:

None received.

4. Prior Legislation:

AB 2556 (O’Donnell, Chapter 412, Statutes of 2022) authorized a recognized employee organization to charge a public agency firefighter covered under the Firefighters Procedural Bill of Rights Act (FPBRA) who holds a conscientious objection, as specified, or who declines membership in the recognized employee organization, for the reasonable cost of representation if the firefighter requests individual representation from the recognized employee organization in a discipline, grievance, arbitration, or administrative hearing.

SUPPORT

California Fraternal Order of Police (Sponsor)

Arcadia Police Officers' Association

Association of Orange County Deputy Sheriffs

Burbank Police Officers' Association

California Coalition of School Safety Professionals

California Statewide Law Enforcement Association

Claremont Police Officers Association

Corona Police Officers Association

Culver City Police Officers' Association

Deputy Sheriffs' Association of Monterey County

Fullerton Police Officers' Association

Long Beach Police Officers Association

Los Angeles School Police Management Association

Los Angeles School Police Officers Association

Murrieta Police Officers' Association

Newport Beach Police Association

Novato Police Officers Association

Palos Verdes Police Officers Association

Placer County Deputy Sheriffs' Association

Pomona Police Officers' Association

Riverside Police Officers Association

Riverside Sheriffs' Association

Sacramento County Deputy Sheriffs' Association

San Bernardino County Sheriff's Employees' Benefit Association

Santa Ana Police Officers Association

Upland Police Officers Association

OPPOSITION

None received.

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 1941

Author:(Quirk-Silva)

As Introduced Ver:January 29, 2024

Majority vote

SUMMARY

Makes changes to existing law relating to local public employee organizations and conscientious objectors.

Major Provisions

1. Authorizes a recognized employee organization to charge an employee covered by the Public Safety Officers Procedural Bill of Rights Act (PSOPBRA) for the reasonable costs of representation, if the employee holds a conscientious objection or declines membership in the organization and requests individual representation in a discipline, grievance, arbitration, or administration hearing from the organization.
2. Applies this authorization only to proceedings in which the recognized employee organization does not exclusively control the process.

COMMENTS

Background Regarding the PSOPBRA

As previously stated under "Existing Law," the PSOPBRA affords certain public safety officers employment and procedural rights when they are subject to investigation or discipline. Public Safety Officers covered by the act include highway patrol officers, county deputy sheriffs, city police officers, and nearly every sworn public safety officer classification in the state.

In some respects, the act conflicts with local procedures and is deficient in clarity in others. This is evidenced by numerous and various state and federal judicial decisions resulting from such deficiencies. Notwithstanding these characteristics, the PSOPBRA rests among other constitutional, state, and local provisions relating to the working conditions of public safety officers.

What is a Conscientious Objector?

A conscientious objector is someone who objects on moral grounds to participating in some type of required behavior, usually (but not always) of a military or political nature, especially a person who, for moral or religious reasons, is opposed to participating in such activities. The objection is a personal disapproval of participating in some specific conduct and generally requires something more than mere intellectual persuasion, amounting to a compulsive and complete aversion to particular behavior. The objection may or may not be based on religion, and courts have long held with consistency that the belief must be sincerely held.

The most notable judicial decision in which its underlying subject is similar to a conscientious objection was the United States Supreme Court case in Janus v. American Federation of State, County and Municipal Employees, Council 3131 (2018) 585 U.S.____, No. 16-1466. Here, the court held that public employees are not required to pay fees (or dues) to a labor organization as a condition of employment.

Differences Among Existing Conscientious Objector Laws Within the MMBA

There are conscientious objector provisions within the Meyers-Milias-Brown Act. One provision broadly applies to local public employees covered by that act which is specific to association with a public employee organization; whereas, the other provision specifically applies to Firefighters Procedural Bill of Rights Act (FPBORA)-covered firefighters.

This Bill

As proposed, this bill is identical to existing law applicable to FPBORA-covered firefighters, but would apply to PSOPBRA-covered public safety officers to afford them another option for representation during certain employment-related matters.

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

According to the Author

"Just like their firefighting first responder brothers and sisters, police officers have a dynamic and tough job serving the public. While these two professions serve the public in different and important ways, they both share a recognized procedural bill of rights. Currently, firefighters who choose not to join an employee union have the option to pay reasonable costs to the union for legal representation. However, police officers do not have this same option outlined in their bill of rights. [This bill would] establish parity for both professions and ensure that dues-paying union members are not compelled to subsidize those who do not contribute towards the representation provided by the employee union."

Arguments in Support

Generally, supporters make statements similar to those of the author.

Arguments in Opposition

None.

FISCAL COMMENTS

None.

VOTES

ASM PUBLIC EMPLOYMENT AND RETIREMENT: 7-0-0

YES: McKinnor, Lackey, Boerner, Vince Fong, Hart, Stephanie Nguyen, Luz Rivas

UPDATED

VERSION: January 29, 2024

CONSULTANT: Michael Bolden / P. E. & R. / (916) 319-3957 FN: 0002718

Date of Hearing: April 3, 2024

ASSEMBLY COMMITTEE ON PUBLIC EMPLOYMENT AND RETIREMENT

Tina S. McKinnor, Chair

ABPCA Bill Id:AB 1941 (

Author:Quirk-Silva) – As Introduced Ver:January 29, 2024

SUBJECT: Local public employee organizations

SUMMARY: Makes changes to existing law relating to local public employee organizations and conscientious objectors. Specifically, this bill:

1. Authorizes a recognized employee organization to charge an employee covered by the Public Safety Officers Procedural Bill of Rights Act (PSOPBRA) for the reasonable costs of representation, if the employee holds a conscientious objection or declines membership in the organization and requests individual representation in a discipline, grievance, arbitration, or administration hearing from the organization.
2. Applies this authorization only to proceedings in which the recognized employee organization does not exclusively control the process.

EXISTING LAW:

1. Establishes the PSOPBRA that, among other things, affords certain employment and procedural rights to specified public safety officers when they are subject to investigation or discipline.^[1]
2. Governs collective bargaining in the private sector under the federal National Labor Relations Act (NLRA) but leaves it to the states to regulate collective bargaining in their respective public sectors.^[2]

While the NLRA and the decisions of its National Labor Relations Board often provide persuasive precedent in interpreting state collective bargaining law, public employees have no collective bargaining rights absent specific statutory authority establishing those rights.

1. Provides several statutory frameworks under California law to provide public employees collective bargaining rights, govern public employer-employee relations, and limit labor strife and economic disruption in the public sector through a reasonable method of resolving disputes regarding wages, hours, and other terms and conditions of employment between public employers and recognized public employee organizations or their exclusive representatives. These include the Meyers-Milias-Brown Act (MMBA) which provides for local government public employer-employee relations.^[3]
2. Establishes the Public Employment Relations Board (PERB), a quasi-judicial administrative agency charged with administering certain statutory frameworks governing employer-employee relations, resolving disputes, and enforcing the statutory duties and rights of public agency employers and employee organizations, but provides the City and County of Los Angeles a local alternative to PERB oversight.^[4]
3. Prohibits an employee who is a member of a bona fide religion, body, or sect that has historically held conscientious objections to joining or financially supporting public employee organizations from being required to do so as a condition of employment.^[5]
4. Authorizes a recognized employee organization to charge an employee covered by the Firefighters Procedural Bill of Rights Act (FPBORA) the reasonable cost of representation, if the employee holds a conscientious objection as described in item 4) above, or declines membership in the recognized employee organization and requests individual representation from the recognized employee organization in a discipline, grievance, arbitration, or administration hearing. However, this only applies to the aforementioned proceedings where the recognized employee organization does not exclusively control the process.^[6]

It is noted that, if the firefighter may be subject to punitive action, at their request, they have the right to be represented by a person of their choice, but that person must not also be subject to the same investigation.^[7] The employee’s representative may be a lawyer, lay person, sometimes an association or union official or designee, who must use their best efforts to assist an accused employee in explaining the employee’s actions or mitigating the harm of the employee’s conduct.

FISCAL EFFECT: None. This bill is keyed nonfiscal by Legislative Counsel.

COMMENTS:

1. Background Regarding the PSOPBRA

As previously stated under “Existing Law,” the PSOPBRA affords certain public safety officers employment and procedural rights when they are subject to investigation or discipline. Public Safety Officers covered by the act include highway patrol officers, county deputy sheriffs, city police officers, and nearly every sworn public safety officer classification in the state.

In some respects, the act conflicts with local procedures and is deficient in clarity in others. This is evidenced by numerous and various state and federal judicial decisions resulting from such deficiencies. Notwithstanding these characteristics, the PSOPBRA rests among other constitutional, state, and local provisions relating to the working conditions of public safety officers.

1. What is a Conscientious Objector?

A conscientious objector is someone who objects on moral grounds to participating in some type of required behavior, usually (but not always) of a military or political nature, especially a person who, for moral or religious reasons, is opposed to participating in such activities. The objection is a personal disapproval of participating in some specific conduct and generally requires something more than mere intellectual persuasion, amounting to a compulsive and complete aversion to particular behavior. The objection may or may not be based on religion, and courts have long held with consistency that the belief must be sincerely held. (Emphasis added.)

The most notable judicial decision in which its underlying subject is similar to a conscientious objection was the United States Supreme Court in Janus v. American Federation of State, County and Municipal Employees, Council 31.^[8] Here, the court held that public employees are not required to pay fees (or dues) to a labor organization as a condition of employment.

1. Differences Among Existing Conscientious Objector Laws Within the MMBA

As previously discussed and footnoted under “Existing Law,” there are conscientious objector provisions within the MMBA. One provision broadly applies to local public employees covered by that act which is specific to association with a public employee organization; whereas, the other provision specifically applies to FPBORA-covered firefighters.^[9]

1. This Bill

As proposed, this bill is identical to existing law applicable to FPBORA-covered firefighters, but would apply to PSOPBRA-covered public safety officers to afford them another option for representation during certain employment-related matters.

1. Statement by the Author

“Just like their firefighting first responder brothers and sisters, police officers have a dynamic and tough job serving the public. While these two professions serve the public in different and important ways, they both share a recognized procedural bill of rights. Currently, firefighters who choose not to join an employee union have the option to pay reasonable costs to the union for legal representation. However, police officers do not have this same option outlined in their bill of rights. [This bill would] establish parity for both professions and ensure that dues-paying union members are not compelled to subsidize those who do not contribute towards the representation provided by the employee union.”

1. Comments by Supporters

Generally, supporters make statements similar to those of the author.

1. Comments by Opponents

None one file.

1. Prior or Related Legislation

Chapter 412, Statutes of 2022 (Assembly Bill 2556, O’Donnell) established the conscientious objector statute relating FPBORA-covered firefighters.

REGISTERED SUPPORT / OPPOSITION:

Support

California Fraternal Order of Police (Sponsor)

Arcadia Police Officers' Association
Association of Orange County Deputy Sheriffs
Burbank Police Officers' Association
California Coalition of School Safety Professionals
California Statewide Law Enforcement Association
Claremont Police Officers Association
Corona Police Officers Association
Culver City Police Officers' Association
Deputy Sheriffs' Association of Monterey County
Fullerton Police Officers' Association
Long Beach Police Officers Association
Los Angeles School Police Management Association
Los Angeles School Police Officers Association
Murrieta Police Officers' Association
Newport Beach Police Association
Novato Police Officers Association
Palos Verdes Police Officers Association
Placer County Deputy Sheriffs' Association
Pomona Police Officers' Association
Riverside Police Officers Association
Riverside Sheriffs' Association
Sacramento County Deputy Sheriffs' Association
San Bernardino County Sheriff's Employees' Benefit Association
Santa Ana Police Officers Association
Upland Police Officers Association

Opposition

None on file.

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

1. Sections 3300 et seq. of the Government (Gov.) Code. ↑

2. Sections 151 et seq., Title 29, United States Code. ↑

3. Sections 3500 et seq. of the Gov. Code. ↑

4. Sections 3541 et seq., ibid. ↑

5. Section 3502.5 (c) of the Gov. Code within the MMBA. ↑

6. Section 3503.1 of the Gov. Code. Although this section is within in the MMBA, it applies to FPBORA-covered employees. ↑

7. Section 3253 (i) of the Gov. Code within the FPBORA. ↑

8. Janus v. American Fed’n. of State, County and Municipal Employees, Council 31 (2018) 585 U.S.____, No. 16-1466. ↑

9. See items 5) and 6) under Existing Law, and footnotes 5 and 6. ↑