Archive from 8/26/02 to 9/04/03

September 17, 2002 Honorable Gray Davis,Governor State of California Capitol Building, First Floor Sacramento, CA 95814 RE: SB 362 - Request VETO Dear Governor Davis: The Riverside Sheriffs' Association,which represents over 2,000 rank andfile, Deputy Sheriffs, Deputy ProbationOfficers, District. Attorney Investigators,and Deputy Coroners, the entire law enforcementteam of the County of Riverside, respectfullyrequests that you veto SB 362 for thefollowing reasons: SB 362 is a "gut and amend" billthat completely abrogates the MeyersMillias Brown Act and, in. so doing,impairs the right of local bargaining unitsto negotiate retirement benefits for their members. Section 4 of the bill specificallyinvalidates any contract or contractamendment negotiated by a bargainingunit on or after January 1, 2003, which doesnot conform to the requirements of this bill.This provision could lead to some very negativeconsequences for represented employees. Forexample, any employee bargaining unit thatnegotiates a benefit for its members,and that its members may agree to payfor, would be invalidated if anotherbargaining unit did not agree, to thatunit's contract. Therefore, SB 362gives '”veto rights" to one group over another,completely counter to the spirit and intentof Meyers Millias Brown. It is both bad policy and precedentto override or suspend Meyers MilliasBrown by statute for any reason -particularly when such a statute would serveto undermine the legitimate interests of certifiedunion members. What policy sense does it maketo require bargaining units under MeyersMillias Brown to negotiate for memberwages - but to override Meyers MilliagBrown for member retirement benefits'?How can giving one employee group "vetorights"' over another further thebargaining process? Yet, that's exactly whatSB 362 does! Bargaining has always been a localmatter, and should remain so! It's for thesereasons that the Riverside Sheriffs' Associationrequests that you veto SB 362. Very truly yours, Pat McNamara President Timothy H.B. Yaryan Legislative Counsel and Advocate

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September 9, 2002 Honorable Gray Davis, Governor State of California Capitol Building, First Floor Sacramento, CA 95814 RE: SB 1637 - SIGN Dear Governor Davis: The Riverside Sheriffs' Association,which represents over 2,000 rank andfile Deputy Sheriffs, Probation Officers,District Attorney Investigators and DeputyCoroners, the entire Law enforcement team inthe County of Riverside, respectfullyrequests that you sign SB 1637 intolaw. Unions for police officers areeither established as an incorporatedmutual benefit association or as an unincorporatedassociation. The downside of operating as anunincorporated association is thatmembers of the association may undersome circumstances be held legallyresponsible for liability the associationmay incur. In our litigious society, this possibility- as unfair as it may be - must be taken intoaccount. One of the objectives ofincorporation whether for profit ornon-profit is to shift liability fromthe individual members to the corporation.In other words, incorporation acts as a shieldto protect the members from bearingliability for acts by thecorporation. It would be inappropriate for theLegislature to mandate all policeofficer unions to become incorporated.The Legislature can, however, protect individualpolice officers who are members of a union thatis unincorporated by requiring theseunions to file an agent for service ofprocess with the Secretary ofState. Under current law, a police officerwho is a member of an unincorporatedassociation is at risk of bearingliability for acts of the union -- even if thepolice officer is not serving in any type ofleadership role in the union. This bill wouldclearly establish that the union is a bonefide entity that has a recognized agent onfile with the Secretary of State forreceiving important legal documentslike notice of litigation. The filingof these documents help greatly inestablishing the credibility of an organizationand also can help to relieve its members frombearing liability caused by some act of theorganization. Every legislator shouldwant to make sure citizens andbusinesses are able to contact theappropriate person of responsibilitywithin a police officer's Union. Very truly yours, Pat McNamara President Timothy H.B. Yaryan Legislative Counsel and Advocate

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September 3, 2002 Honorable Gray Davis, Governor State of California Capitol Building, First Floor Sacramento, CA 95814 RE: AB 2672 - SIGN Dear Governor Davis: The Riverside Sheriffs' Association,which represents over 2,000 rank andfile Deputy Sheriffs, Probation Officers,District Attorney Investigators, and DeputyCoroners, the entire law enforcement team ofthe County of Riverside supports AB 2672and asks that it become law. The PERS law provides that the rightto a retirement allowance of a localmember who retired, or who had appliedand was eligible to retire is not affectedby the termination of the contract between themember's employer and the Public Employees'Retirement. The present law also allows foran event occurring after the terminationof a contract between a public agencyand the system will not affect theright of a local member to retire forservice for disability. AB 2672 mainly affects members insmaller cities that have ceasedemploying active safety members and citiesand districts whose public safety services thatmay now be provided by county and state lawenforcement. This bill will insure thatwhen active safety plan retireesreceive benefit improvements, retireesin the inactive safety plans willreceive comparable improvements also.Please sign this into law. Very truly yours, Pat McNamara President Timothy H.B. Yaryan Legislative Counsel and Advocate

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August 30, 2002 Honorable Gray Davis, Governor State of California Capitol Building, First Floor Sacramento, CA 95814 RE: AB 2131 - SIGN Dear Governor Davis: The Riverside Sheriffs' Association,which represents over 2,000 rank andfile Deputy Sheriffs, Probation Officers,District Attorney Investigators, and DeputyCoroners, the entire law enforcement team ofthe County of Riverside is pleased tosupport AB 2131 (Bogh) and asks, thatit be signed into law. When you signed AB 1982 (Bogh), intolaw providing for advanced disabilityfor peace officers, you requested'clean up' language to that measure whichwould require, benefit repayment by that officerif the officer is denied benefits. AB 2131 isresponsive to your request, The language hasbeen approved and agreed to by he League ofCities, CSAC, the Department ofFinance, your staff, and the sponsorsof AB 1982, the Riverside Sheriffs'Association. Thank you for signing AB 1982 andfor your continued support. Weappreciate the work and cooperation of allparties concerned, and, specifically, we appreciatethe input and efforts of Ms. Nolice Edwardsof your staff and Mr. Robert Miyashiro ofFinance. Very truly yours, Pat McNamara President Timothy H.B. Yaryan Legislative Counsel and Advocate

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August 29, 2002 Honorable Gray Davis, Governor State of California Capitol Building, First Floor Sacramento, CA 95814 RE: AB 1900 - SIGN Dear Governor Davis: The Riverside Sheriffs' Association,which represents over 2,000 rank andfile Deputy Sheriffs, Deputy ProbationOfficers, District Attorney Investigators,and Deputy Coroners, the entire law enforcementteam in the County of Riverside, supports AB1900, and asks that it become law. Present law requires instructionalmaterials adopted for use in Californiaschools be objective, accurate, currentand suited to the comprehension ofpupils and their grade level. Textbooks mustby necessity rapidly scan broad eras of history,past, and present. Special aspects of what makesAmerica distinct and great are not and cannotbe covered in depth. For example, whenwe first sent in our letter supportingthe bill, schools and communities werein the midst of celebrating BlackHistory Month, a rich history previouslylying dormant, barely known to our children.Such history is now a high fight and pointof pride to many students. Another rich distinguishing mark ofAmerican history concerns the labormovement, but its heroes and heroines,too, are often unknown figures to today'schildren. We, therefore, support this effortto deem the First week of April as Labor HistoryWeek and encourage school districts to sharewith pupils an awareness of the rolethe labor movement currently plays, andhas played in shaping California andthe United States. Very truly yours, Pat McNamara President Timothy H.B. Yaryan Legislative Counsel and Advocate

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August. 30, 2002 Honorable Gray Davis, Governor State of California Capitol Building First Floor Sacramento, CA 93814 RE: AB 1840 - SIGN Dear Governor Davis: The Riverside Sheriffs' Associationwhich represents over 2,000 rank andfile Deputy Sheriffs, Deputy ProbationOfficers, District Attorney Investigators,and Deputy Coroners, the entire law enforcementteam,