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10.4-2s Legislative Bill Action ................................ ............................... being, has been, or believes he or she is, or has been, pursued Lv a peace officer employed by the public entity in a motor vehicle. SB 219 provides that in a civil actoor, for damages other than by the driver, or his or her accomplices, the civil immu- nity would only apply if a finding is made that the involved peace officer was complying with the public agency's adopted and implemented written policy on vehicular pursuits. SB 219 provides that the finding is a question of fact for the trier of fact. The bill also provides that nothing contained in these provisions affects the application of civil immunity provided to public employees under a related provision of existing law. As written, SB 219 places an officer and the department in a situation where court action will be required for every pursuit that involves even the slightest collision. In addition, the measure appears to place the officer in a situation where he or she is presumed out of compliance with policy unless proven otherwise. This bill is opposed by: Califor- nia State Sheriffs' Association, California Associa- tion of Joint Powers Authorities, Riverside County Sheriff, San Bernardino County Sheriffs Depart- ment, California State Association of Counties, California Police Chiefs Association, California Peace Officers Association. Staff: Natasha Fooman, Status: AsJud;Hrg -6/17, Position: Oppose. ADMINISTRATIVE AB 1544 (Simitian). Elections. AB 1544 allows a special election to fill a vacancy to be conducted wholly by mail if the city has a popula- tion of 100,000 or less. AB 1544 reduces the otherwise costly procedures for conducting municipal elections, and allows citizens to vote without the burden of having to travel to a voting poll, which can be burdensome for those who do not have easy access to transportation. Staff: Amy Brown, Status: SenElecBReapp;Hrg- 6/18 Position: Support. HUMAN RESOURCES AB 1156 (Nunez). Meyers - Milias -Brown Act. Local Public Agencies. The Meyers- Milias- Brown Act (MMBA) authorizes a local public agency to adopt reasonable rules and regulations after consultation in good faith with representa- tives of an employer -employee organization or organizations for the administration of employer - employee relations under the act. AB 1156 reviews the definition of "employee organization" for the purposes of the act to include any organization that seeks to represent employ- ees of a public agency in their relations with that public agency. The bill would authorize a public agency to adopt reasonable rules and regulations after consultation in good faith with representa- tives of a recognized employer - employee organi- zation or organizations. The bill would specify that employees of a local public agency and employee organizations may challenge a rule or regulation of a public agency as a violation of the act. The MMBA currently delegates jurisdiction to the Public Employment Relations Board (PERB) to resolve disputes and enforce the statutory duties and rights of local public agency employers and employees, including processing unfair labor charges. The act prohibits the board from finding it an unfair labor practice for an employee organiza- tion to violate a rule or regulation adopted by a public agency if that rule or regulation is in violation of the act, based on legislation that was passed in 2000, SB 739. AB 1156 specifies that the powers of the board include the power to order elections, to conduct any election it orders, and to adopt rules to apply in areas where a public agency has no rule. The bill would require that a complaint alleging any violation of any rules and regulations adopted by a public agency regarding the designation of man- agement and confidential employees of a public agency and restricting those employees from representing any employee organization that represents other employees of the public agency be processed as an unfair practice charge and Visit the League's Official Web Site-- www.cacities.org PRIORITY FOCUS /PAGE 13