California 2009-2010 Regular Session Status: To Executive

AB 827 — Local public employees.

Last action — Vetoed by Governor.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

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, 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, as specified, or an automatic 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 excluded employee, as defined, before an increase in compensation in excess of a cost-of-living adjustment may be implemented for that individual. The bill would 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.

Bill Text

Action History

  1. Vetoed by Governor.

  2. Enrolled and to the Governor at 4:45 p.m.

  3. Urgency clause adopted. Senate amendments concurred in. To enrollment. (Ayes 69. Noes 3. Page 6940.)

  4. From committee: With recommendation: That Senate amendments be concurred in. (Ayes 6. Noes 1.) (August 31).

  5. Joint Rule 62(a), file notice suspended. (Page 6920.)

  6. Re-referred to Com. on L. GOV. pursuant to Assembly Rule 77.2.

  7. In Assembly. Concurrence in Senate amendments pending.

  8. Read third time. Urgency clause adopted. Passed and to Assembly. (Ayes 37. Noes 0. Page 5027.)

  9. Ordered to third reading.

  10. From committee: Return to Senate floor for consideration. (Ayes 11. Noes 0.)

  11. From committee: That pursuant to Senate Rule 29.10, the measure be re-referred to Com. on APPR. pursuant to Joint Rule 10.5. (Ayes 4. Noes 0.) (August 30).

  12. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on L. GOV.

  13. Re-referred to Com. on L. GOV.

  14. (Ayes 21. Noes 11. Page 4960.)

  15. Senate Rule 29.3(b) suspended.

  16. Joint Rules 61(b)(15) and 62(a) suspended. (Ayes 27. Noes 7. Page 4959.)

  17. Re-referred to Com. on RLS. pursuant to Senate Rule 29.10 (c).

  18. Read second time. To third reading.

  19. Read third time, amended. To second reading.

  20. Read second time. To third reading.

  21. To second reading.

  22. From inactive file.

  23. To inactive file on motion of Senator Yee.

  24. Read second time. To third reading.

  25. Read third time, amended. To second reading.

  26. Read second time, amended, and to third reading.

  27. From committee: Amend, and do pass as amended. (Ayes 3. Noes 2.) (July 1).

  28. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on L. GOV.

  29. Referred to Com. on L. GOV.

  30. In Senate. Read first time. To Com. on RLS. for assignment.

  31. Read third time, passed, and to Senate. (Ayes 48. Noes 32. Page 1729.)

  32. Read second time. To third reading.

  33. From committee: Do pass. (Ayes 5. Noes 2.) (May 13).

  34. Re-referred to Com. on L. GOV.

  35. From committee chair, with author's amendments: Amend, and re-refer to Com. on L. GOV. Read second time and amended.

  36. In committee: Set, first hearing. Hearing canceled at the request of author.

  37. In committee: Hearing postponed by committee.

  38. Referred to Com. on L. GOV.

  39. From printer. May be heard in committee March 30.

  40. Read first time. To print.

Sponsors

  • De La Torre · Primary
  • Feuer · Cosponsor
  • Yamada · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 2 co-sponsors · 119 not signed on · 2 voted No

Sponsors (1)

  • De La Torre

Co-sponsors (2)

  • Feuer
  • Yamada

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 827 DE LA TORRE Concurrence- Urgency Added

Passed 79 Yea · 3 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 75306
Democratic 2001
Republican 2001
Total 79308
% of votes cast 88%3%0%9%
How each member voted (90)
Member Party Vote
Carter — Yea
Chesbro — Yea
Cook — Yea
Bill — Yea
Tom — Yea
De — Yea
La — Yea
Adams — Yea
Ammiano — Yea
Anderson — Yea
Beall — Yea
Torre — Yea
De — Yea
Leon — Yea
Yamada — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
John — Yea
A. — Yea
Perez — Yea
Eng — Yea
Charles — Not Voting
Audra — Not Voting
Feuer — Yea
Fuentes — Yea
Furutani — Not Voting
Galgiani — Yea
Gilmore — Yea
Bass — Not Voting
Hagman — Yea
Hall — Yea
Harkey — Yea
Hernandez — Yea
Hill — Yea
Huffman — Yea
Jeffries — Yea
Lieu — Yea
Logue — Not Voting
Mendoza — Yea
Miller — Yea
Nava — Yea
Nestande — Yea
Norby — Not Voting
Ruskin — Yea
Silva — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Villines — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Knight — Nay
Ma — Yea
Monning — Yea
Nielsen — Yea
Smyth — Yea
Torlakson — Yea
Tran — Yea
Conway — Nay
Coto — Yea
Evans — Yea
Davis — Yea
DeVore — Yea
Fuller — Nay
Garrick — Yea
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Not Voting
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Not Voting

Official roll call →

W/O REF. TO FILE AB827 De La Torre Urgency Clause

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 35002
Democratic 2000
Republican 1000
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Cedillo — Yea
Cogdill — Yea
Hollingsworth — Yea
Ducheny — Yea
Leno — Yea
Liu — Yea
McLeod — Yea
Lowenthal — Yea
Negrete — Yea
Alquist — Yea
Ashburn — Yea
Dutton — Yea
Pavley — Yea
Price — Yea
Runner — Yea
Wyland — Yea
Oropeza — Not Voting
Romero — Yea
Simitian — Yea
Steinberg — Yea
Wiggins — Not Voting
Wolk — Yea
Wright — Yea
Aanestad — Yea
Blakeslee — Yea
Harman — Yea
Huff — Yea
Kehoe — Yea
Walters — Yea
Corbett — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 3 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 3200
Total 3200
% of votes cast 60%40%0%0%
How each member voted (5)
Member Party Vote
Cox — Nay
Wiggins — Yea
Wolk — Yea
Aanestad — Nay
Kehoe — Yea

Official roll call →

AB 827 YAMADA Assembly Third Reading

Passed 57 Yea · 35 Nay
Party YeaNayPresentNot Voting
Unaffiliated 513300
Democratic 5000
Republican 1200
Total 573500
% of votes cast 62%38%0%0%
How each member voted (92)
Member Party Vote
Carter — Yea
Evans — Yea
Fuentes — Yea
Hall — Yea
Chesbro — Yea
Hernandez — Yea
Hill — Yea
Charles — Yea
Huffman — Yea
Ma — Yea
Mendoza — Yea
Nava — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Bonnie — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Coto — Yea
Ammiano — Yea
Bass — Yea
Beall — Yea
Davis — Yea
Price — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Bill — Nay
Berryhill — Nay
Tom — Nay
Berryhill — Nay
Fuller — Nay
Fletcher — Nay
Gaines — Nay
Audra — Nay
Conway — Nay
Cook — Nay
Galgiani — Nay
Garrick — Nay
Duvall — Nay
Gilmore — Nay
Hagman — Nay
Harkey — Nay
Huber — Nay
Anderson — Nay
Jeffries — Nay
Knight — Nay
Logue — Nay
Miller — Nay
Nielsen — Nay
Smyth — Nay
Tran — Nay
Villines — Nay
Adams — Nay
Blakeslee — Nay
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Krekorian — Yea
Lieu — Nay
Monning — Yea
Nestande — Nay
Ruskin — Yea
Silva — Nay
Swanson — Yea
Torrico — Yea
Emmerson — Nay
Eng — Yea
Feuer — Yea
DeVore — Nay
Yamada — Yea
Furutani — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Lowenthal, Josh Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Democratic 2000
Unaffiliated 3200
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Knight — Nay
Krekorian — Yea
Skinner — Yea
Duvall — Nay
Davis — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea

Official roll call →

Subjects

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Frequently asked questions

What does AB 827 do?
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, 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, as specified, or an automatic 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 excluded employee, as defined, before an increase in compensation in excess of a cost-of-living adjustment may be implemented for that individual. The bill would 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.
Who sponsors AB 827?
AB 827 is sponsored by De La Torre, Feuer, and Yamada.
What is the current status of AB 827?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 827?
Track AB 827 free on One Click Politics — get push/email alerts when it moves.

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