AgdaPkt 2009-08-03 spc, clsd and jnt

Browse Search

8A Page 8 � Lega!�ctory Affirms Local Agencies' Power to Set Compensation and Terms of Employment Local govemments secured a signi�icant win last week when the Califomia Supreme Court declined to re�iew the First District Court of Appeal's decision in County of Sonoma v. Superror• Court(Sonoma}. �n this important case,#he Court of Appeal affirmed what iocal ager�cies have been arguing for several years:the Legislature cannot compeE focal governments to submit to binding[nteres#arbitration when they reach an impasse with firefighter and law enforcemenf unions over the terms of a proposed memorandum of understanding (M�U}. In Sonvma,the coun#y and the Sonoma Coun#y Law Enforcement Agency(SCLEA}co�rld not agree on the terms of a new MC7U.SCL.EA brought suit to compel the county#o submit to binding interes#arbitration pursuant#o a state Eaw that gives firefighter and law enforcement unions the ability to force this option.The law,commonly referred to as SB 440, makes the decisFOn vf the arbitrator binding,except#hat the agency can"by unanimous vote of all#he members of the governing body"reject the arbitrator's decision. The county argued the law was unconst'stu#ianal as it inter�ered with the caunty's constitutiona! right and power to set the terms and compensation of its employees.The appellate cou�t agreed. The court's anaiysis reiies in part on the nature of binding interest arbitration. "[U]nlike grievance arbitration, jit]focuses on what the terms of a new agreement should be, rather than the meaning ofi the terms ofi the old agreement.... [TJhe interest arbitrator's function is effectively Iegislative, because the arbitrator is fashioning new contractual obligations."This usu�ing of the governing body's role is what rendered the faw unconstitutional. While the court case arose in#he cantext of a county-law enforcement dispute,the First District's � opinion declaring SB 440 unconstitutional applies to general law and charter cities as wefl. The l.eague has janed the Califomia State Association of Coun#ies in filing an amicus brief with the First District. The.League also filed a letter with.the Supreme Cou�k, urging the Court to deny review. The First District's opinion can be accessed at www.courtinfo.ca.cLov. Threat of Loca! Preemp#ion Removed from Remote Caller Bingo �egislation Preemptive ianguage contained in previous versions of SB 126(Cediilo-Los Angeles)has been removed to provide technical clean-up language to remo#e cal{er bingo statu#es. The June 18 version of#his legislation would have required Eoca1 agencies#o allow remote caller bingo games#o be cond�cted in their cities or counties for one year unless those agencies op#ed out of the mandate by passing a local ordinance explicitly prohibi#ing this type of game.The League and Califomia State Association of Counties worked ciosely with Sen.Cedillo and his staff to remove#he mandate that would have been in direct conflict with many city ordinances and infringe on ci#ies'constitutionai autho�ty#o regu[ate bingo gaming in tF�eir jurisdiction. In its cuITent version, SB 126 makes technical changes and provides for a modei ordinance that cities may adop#if they so choose to provide for remote caller bingo.According to Sen. Cedillo, the modeE local ordinance language is�ntended to aid both charitable nonproft organizations and Ioca!goveming bodies in authorizing and encouraging other charitable nonproft organizations to participate in,and possibly organize, remote ca!!er bingo games in Califomia. Remote calfer bingo allows multiple off-site locations#o engage in the same bingo game without all participants being at the focation where#he bingo letters and numbers are being called.This offers fhe chance for larger stakes and higher level of participation#han traditional bingo,which � can result in greater returrts for the charities hosting the games. The League will continue to moni#or this legislaEion to ensure no additional amendments are introduced that would interfiere with iocaf control o�er b�ngo regu(afion. $