Local public employee organizations: notice requirements.
AB 339
California Bills
20250AB__033993CHP INTRODUCED 2025-01-28 AMENDED_ASSEMBLY 2025-05-23 AMENDED_SENATE 2025-06-18 AMENDED_SENATE 2025-07-15 AMENDED_SENATE 2025-08-29 PASSED_ASSEMBLY 2025-09-08 PASSED_SENATE 2025-09-04 ENROLLED 2025-09-10 CHAPTERED 2025-10-13 APPROVED 2025-10-13 FILED 2025-10-13 2025 AB CHP CHP 0 Introduced by Assembly Member Ortega LEAD_AUTHOR ASSEMBLY Ortega
An act to add
Section 3504.1 to the Government Code, relating to public employment. public employment Local public employee organizations: notice requirements. Existing law, the Meyers-Milias-Brown Act, contains various provisions that govern collective bargaining of local represented employees and delegates jurisdiction to the Public Employment Relations Board to resolve disputes and enforce the statutory duties and rights of local public agency employers and employees.
Existing law requires the governing body of a public agency to meet and confer in good faith regarding wages, hours, and other terms and conditions of employment with representatives of recognized employee organizations.
Existing law requires the governing body of a public agency, and boards and commissions designated by law or by the governing body, to give reasonable written notice, except in cases of emergency, as specified, to each recognized employee organization affected of any ordinance, rule, resolution, or regulation directly relating to matters within the scope of representation proposed to be adopted by the governing body or the designated boards and commissions.
This bill would require the governing body of a public agency, and boards and commissions designated by law or by the governing body of a public agency, to give the recognized employee organization no less than days’ written notice before issuing a request for proposals, request for quotes, or renewing or extending an existing contract to perform services that are within the scope of work of the job classifications represented by the recognized employee organization, subject to certain exceptions.
The bill would require the notice to include specified information, including the anticipated duration of the contract. The bill would also require the public agency, if an emergency or other exigent circumstance prevents the public agency from providing the written notice described above, to provide as much advance notice as is practicable under the circumstances. By imposing new duties on local public agencies, the bill would impose a state-mandated local program. 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 no reimbursement shall be made pursuant to these statutory provisions for costs mandated by the state pursuant to this act, but would recognize that a local agency or school district may pursue any available remedies to seek reimbursement for these costs. MAJORITY NO YES YES NO NO NO NO NO NO NO The people of the State of California do enact as follows:
SECTION
Section 3504.1 is added to the Government Code , immediately following
Section 3504 , to read: 3504.1. (
a) Except as provided in subdivision (c), the governing body of a public agency, and boards and commissions designated by law or by the governing body of a public agency, shall give the recognized employee organization no less than days’ written notice before issuing a request for proposals, request for quotes, or renewing or extending an existing contract, to perform services that are within the scope of work of the job classifications represented by the recognized employee organization. (
b) The written notice specified in subdivision (
a) shall include all of the following:
(1) The anticipated duration of the contract.
(2) The scope of work under the contract.
(3) The anticipated cost of the contract.
(4) The draft solicitation, or if not yet drafted, any information that would normally be included in a solicitation.
(5) The reason the public agency believes the contract is necessary. (
c) If an emergency or other exigent circumstance prevents the public agency from providing the amount of notice required by subdivision (a), the public agency shall provide as much advance notice as is practicable under the circumstances. (
d) This
section does not apply to any of the following contracts:
(1) A contract for construction, alteration, demolition, installation, repair, or maintenance work that is subject to
Chapter 1 (commencing with
Section 1720) of Part of Division of the Labor Code or a contract for highly specialized data, software, or services related to that construction, alteration, demolition, installation, repair, or maintenance work.
(2) A contract for services described in
Section or 4529.10 or that is related to the planning, design, administration, oversight, review, or delivery of public works, residential, commercial, or industrial buildings, or other infrastructure projects subject to adopted uniform codes or standards. (e)
(1) Nothing in this
section exempts contracts from the notice, meet and confer, or other requirements of applicable laws, including this chapter.
(2) This
section shall not be interpreted to affect other bargaining rights and obligations under this
chapter that were not created by this section.
(3) This
section shall not diminish any rights of an employee or recognized employee organization provided by a memorandum of understanding.
(4) This
section shall not invalidate any provision of a memorandum of understanding in effect on the operative date of this section.
SEC. 2. No reimbursement shall be made pursuant to
Part 7 (commencing with
Section 17500) of Division of Title of the Government Code for costs mandated by the state pursuant to this act. It is recognized, however, that a local agency or school district may pursue any remedies to obtain reimbursement available to it under