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Legislative Bill Action quenUy adopted by P£RB have raised the potential for P£RB provided. Eve~ agency may adopt regulations stating the determinations of consistency by local agency rules with procedures to be followed when making its records available MMBA, These regulations are too new to have yet been in accordance with this section." tested in litigation. Currently, there are many guideline~ that a state or local AB 2908 would provide that no employee organization agency may use to determine how much public access to shall be deemed to have committed an unfair practice on personal information on a person can be given to the the basis of violating a rule adopted by a public agency public. AB 2941 adds to the current code sectio~ guide- that i~ in violation of MMBA. This amendment would lines for which state agencies must follow to obtain clearly authorize P£RB to determine the legality of local personal identifying information. Staff: Amy Brown, agency rules, and potentially to establish standardized Status: AsG0;Hrg-5/6, Position: Watch. MMBA procedures for local agencies. This is a huge issue because expanded PERB authority in this area could lead to SCA 7 (Burton). Access to Govemment Informa- standardized rules that would reverse over 30 years of local tion SCA 7 provides full and complete disclosure of public agency practices in over 5,000 local agencies covered by documents and could potentially reverse the balancing test MMBA. It could affect any rule adopted by a local agency and nullify all current disclosure exemptions protected to comply with the MMBA including unit determinations, under Government Code section 6265. SCA 7 also nullifies representation, recognition, elections, agency fee arrange- those closed sessions relating toe litigation that do not ments, individual representation, scope of representation, involve "preserving public funds and resources," "protecting meeting and conferring in good faith, memorandum of public safety," "ensuring the fair and effective administra- understanding, designation of management and confidential tion of. justice" or "protecting private property." employees determination of law enforcement and profes- sional employees, and a variety of other issues related to The League supports the unmasking of political MMBA. corruption that sometimes exists behind the veil of current access exemptions. However, we believe that the provisions AJ~_2,90~ would amend a hugely significant and set forth in SCA 7 would,jeopardize cities' ability to make controversial bill that was implemented in July of 2001. sound determinations about disclosure in light of public We do not yet have enough experience with this law to protection. `justify yet another major revision as is contemplated in AB 2908. The PERB staff has not yet adjusted to, nor has been SCA 7 was recently pulled from the Senate C~overnmen- adequately staffed to implement its current duties, much tal Organization Committee calendar and is pending a ~less ad`just to the.additional major responsibility of estab- policy committee hearing. League staff is attempting to lishing standardized local agency rules. Local agencies are work with the author to amend this bill. Staff: Amy likewise not prepared to attempt to implement additional Brown, Status: SenG0, Position: Oppose Unless collective bargaining changes before they have fully Amended. implemented the major changes mandated upon them.just months earlier. Staff: Amy Brown, Status: AB 1797 (Harman). Conflict of Interest. AB 1797 AsPubEmpRet&SS;Hrg-5/1, Position: Oppose, requires local public officials who may have a financial interest or other conflict to publicly disclose the nature of the conflict and remove themselves from the room and the ELECTIONS, PUBLIC RECORDS, AND FPPC debate. The author, Assembly Member Harman, is to be AB 2941 (Wiggins). Public Records. The California commended for his leadership in this area, and his willing- Public Records Act provides for state and local departments ness to accept amendments proposed by the League. Staff: to provide its own procedures for the dissemination of Amy Brown, Status: AsmFIr, Position: Support. personal information usedto conduct business. California Government Code section 6253 (a) states that "Public records are open to inspection at all times during the office hours of the state or local agency and every person has a right to inspect any public record, except as hereafter Visit the League's Official Web Site--www. cacities.org PRIORITY FOCUS/PAGE 11