Supervisory - AB 743

October 12, 1999

RE: Success for Supervisor Parity - AB 743

Dear Mr. Novey:

I am pleased to inform you that Governor Davis has signed Assembly Bill 743.

AB 743, which I authored, sets a policy in statute mandating that supervisors in the Department of Corrections, Youth Authority, Highway Patrol, and California Department of Forestry receive salary and benefits that are at least generally the economic equivalent to the salary and benefits granted to the employees they supervise. Within your organization, this means that correctional supervisors will be direct beneficiaries of CCPOA efforts on behalf of rank and file in negotiations or in any legislative matters affecting salary and/or benefits. In future years, this means no compaction of wages or benefits.

I was distressed to learn that supervisors, especially in the CDC and CYA, have suffered under "compaction" for so long. As you are aware, supervisors do not have collective bargaining in which to resolve the inequity. Instead, they have a meet and confer process that does not allow for equal participation and essentially confines supervisors to whatever package they are offered. Unfortunately, the State of California has failed to treat supervisors with parity to rank and file employees with whom they have negotiated improved contracts over the years. Recognizing the potential recruitment and retention issues and the lack of an equivalent bargaining process, legislation was the best means of correcting the inequity. Therefore, AB 743 applies business sensibility to the departments involved by saying that the State of California will provide for supervisors as it does for line officers. CCPOA sponsorship and work in support of AB 743 was essential to break the cycle of compaction.

Obviously, supervisors in safety positions, such as correctional sergeants, lieutenants, and their counterparts in the Youth Authority, are required to make split second decisions, under enormous pressure, that may have consequence to life and limb. Such responsibility should be recompensed accordingly. Moreover, there is a basic management principle that applies in both the private and public sector and it says that you should at least treat your supervisors equal to the rank and file employees.

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Success for Supervisor Parity -- AB 743
October 12, 1999
Page 2

CCPOA provides outstanding representation for your supervisors, as demonstrated by AB 743. Likewise, the Association ably balances its representation of supervisors with advocacy on behalf of rank and file officers. As a member of the Assembly Public Safety Committee, I have worked with CCPOA on a number of legislative measures and have always been impressed by the thorough, professional, and, most importantly, effective representation provided by the Association.

I have heard that another group has expressed interest in representing correctional supervisors. While I can only comment on representation witnessed and reputation of the CCPOA around the Capitol, I once again emphasize the commitment and effectiveness of the Association to bettering service for all corrections officers. Your sponsorship of AB 743 was certainly a testimonial to that service.

I look forward to working with you in the future.

Sincerely,
FRED KEELEY, Speaker pro Term
California State Assembly

BILL NUMBER: AB 743
CHAPTERED BILL TEXT - CHAPTER 792

FILED WITH SECRETARY OF STATE OCTOBER 10, 1999
APPROVED BY GOVERNOR OCTOBER 7, 1999
PASSED THE ASSEMBLY SEPTEMBER 10, 1999
PASSED THE SENATE SEPTEMBER 9, 1999
AMENDED IN SENATE SEPTEMBER 8, 1999
AMENDED IN SENATE AUGUST 16, 1999
AMENDED IN ASSEMBLY MAY 28, 1999
AMENDED IN ASSEMBLY MAY 13, 1999

INTRODUCED BY: Assembly Member Keeley
FEBRUARY 24, 1999

An act to add Section 19849.18 to the Government Code, relating to state employees, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL'S DIGEST

AB 743, Keeley. State employment: supervisors.
Under existing law, supervisory employees have the right to form, join, and participate in the activities of supervisory organizations of their own choosing for the purposes of representation on all matters of supervisory employer-employee relations.

This bill would provide that supervisors of state employees represented by State Bargaining Unit 5, 6, or 8 shall receive salary and benefits changes that are at least generally the economic equivalent to the salary and benefits granted to employees they supervise. The bill would require that the determination of the specific benefits that supervisors of state employees represented by State Bargaining Unit 5, 6, or 8 shall receive be made through a meet and confer process.

This bill would declare that it is to take effect immediately as an urgency statute.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 19849.18 is added to the Government Code to read:

19849.18. Supervisors of state employees represented by State Bargaining Unit 5, 6, or 8 shall receive salary and benefits changes that are at least generally equivalent to the salary and benefits granted to employees they supervise. For purposes of this section, "salary" means base pay and shall not be construed to include such forms of compensation as overtime. The benefit package shall be the economic equivalent, but the benefits need not be identical. The determination of the specific benefits that supervisors of state employees represented by State Bargaining Unit 5, 6, or 8 shall receive shall be made through a meet and confer process as defined in Section 3533.

SEC. 2. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:

In order for the provisions of this act to be applicable as soon as possible, it is necessary that this act take effect immediately.

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