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SB 402 from page I · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · <br /> The two sections found to be violated are: arbitration to protect the state's concern about <br /> public safety are undermined by the exclusion of <br />· Section 11(a) of article XI of the California its own public safety personnel from binding <br />Constitution. That provision was added to the interest arbitration. The full text of the court's <br />Constitution to prohibit the Legislature from opinion is available on the League's special SB 402 <br />delegating authority to private persons over city website (www.cacities.org/SB402). <br />and county budgetary decisions and other local <br />functions. The Riverside union's attorney previously has <br /> indicated the union will seek California Supreme <br />· Section l(b) of article XI of the California Court review of any adverse decision. <br />Constitution. That provision was also added to <br />the constitution to increase local control and Also coming up is oral argument on the <br />accountability by specifying that employee corn- Venture County public safety union's appeal of the <br />pensation issues be determined by county boards trial court decision finding SB 402 unconstitu- <br />of supervisors, tional. That argument will occur on May 8th <br /> before the Second District Court of Appeal. <br />The constitutional issues arose in the context <br />of Riverside County's negotiations with one of its League special counsel Steve Mayer of Howard, <br />public safety unions. Rice, Nemerovski, Canady, Falk and Rabkin, argued <br /> the Riverside County case and will be arguing the <br />The court rejected union arguments that Ventura County case. <br />"statewide concerns" about public safety issues <br />should override these constitutional provisions. <br />Among other things, the court observed that the <br />state's conclusions about the need for binding <br /> <br /> Legislative Action Da: s <br /> ~' 1, A l, Leave o uit.v Assets Local oalition a a the s i o t e Let]Il <br /> ali o nia ities t e ali o nia tatt Association o o nties <br /> an t e ali o nia ecial Dist icts AssociaLiofl <br /> <br /> ~a~, ~s-~, ~oo~ ''~ ac a ento ali o nia `% e aton au otel <br /> See the registration form on the attached flyer for more information. <br /> <br /> Our Mission <br /> Restore and protect local control for cities through education and advocacy to enhance the quality of#fo for all Californians. <br /> <br />PAGE 2/PRIORITY FOCUS Visit the League's Official Web Site--www. cacities.org <br /> <br /> <br />