This notice was just sent out via sprint fax.

June 30, 2000


TO:     Mayors, Council Members and City Managers

RE:     Compulsory and Binding Arbitration. SB 402 (Burton). New Amendments * 
6/29/2000. Continue Opposition!


On Thursday of this week, amendments were made to SB 402. The bill rests on the floor 
of the Assembly where it was *parked* last year at the end of the session. A series of 
meetings have been held between the proponents of the bill, police and fire unions, 
and members of the law enforcement management community. There was no agreement 
reached in those meetings. The recent amendments appear to be an attempt to put a 
*happy face* on the bill before it is sent to the Governor and then let him wrestle 
with whether to sign the measure.

The amendments do the following:

Permits the chief law enforcement officer of an employer to notify the arbitration 
panel created under the bill of his or her intent to remove from consideration any 
issue included as part of a last best offer of settlement, upon the basis that it 
would foreclose his or her ability to protect the public, including his or her ability 
to eradicate any existence of law enforcement corruption, deploy law enforcement 
personnel during an emergency, staff patrol cars, control weapons usage, or impose 
discipline.

Upon receipt of the notice from the chief law enforcement officer, the employee 
organization may:

Withdraw the last best offer of settlement that addresses the issue notice for removal 
from consideration;
Serve notice of intent to dispute the basis of the noticed removal of the issue 
included as a part of the last best offer of settlement.

If the employee organization has withdrawn a last best offer of settlement, the 
arbitration panel proceeds to those issues that have not been removed or withdrawn.

An employee organization that intends to dispute the basis for withdrawing an item 
from arbitration, may seek a hearing in a court of competent jurisdiction to determine 
de novo whether the issue included as a part of a last best offer of settlement 
forecloses the ability of the chief law enforcement officer to protect the public.

The amendments are an attempt to put window-dressing on a bad bill. Two issues to 
remember when writing, calling or FAXing your Assembly Member:

The bill still imposes compulsory and binding arbitration for settlement of labor 
disputes with police and fire employees. This means that at least 60 percent of a 
full-service city*s budget is under the authority of an outside, arbitrator with no 
accountability to the taxpayers.

In spite of the amendments to make it look as though the scope of arbitration is 
narrowed for law enforcement officers, all salary, fringe benefits and other terms and 
conditions of employment for firefighters are subject to arbitration. 

Please contact your Assembly Member TODAY or over the weekend and reconfirm your 
opposition to SB 402. 

Frances Medema
Policy Analyst
League of California Cities
1400 K Street Suite 400
Sacramento, CA 95814
phone: 916/658-8218
fax:       916/658-8240
email:    [EMAIL PROTECTED]

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