CLIENT ALERT MEMORANDUM
April 24, 2003
To: All Police Chiefs and Sheriffs
From: Martin J. Mayer & Dean J. Pucci
SENATE BILL 402: BINDING ARBITRATION
The California Supreme Court in County of Riverside v. Superior Court of Riverside County (Riverside Sheriff’s Association), ruled, on April 21, 2003 that the Legislature’s attempt, via SB 402, to impose binding arbitration on cities and counties exceeded its authority as provided by Article 11 sections 1(b) and 11 of the California Constitution.
The case arose when compensation negotiations between Riverside County and the Riverside County Sheriff’s Association reached an impasse. The Association requested the matter be submitted to binding arbitration pursuant to California Code of Civil Procedure sections 1229 et seq. (SB 402) and the County refused. The trial court ordered arbitration finding the matter was of statewide, rather than local, concern which authorized the legislature to act as it did. The County appealed and the Court of Appeal found SB 402 unconstitutional. The California Supreme Court agreed.
The Supreme Court reaffirmed the position that the language of Article 11 section 11 is clear, the legislature cannot mandate that a city or county turn over municipal financial affairs (e.g., setting of salaries) to a private person (e.g., an arbitration panel). Such a legislative mandate usurps the role of elected officials.
HOW THIS EFFECTS YOUR DEPARTMENT
The California Supreme Court has made it clear, the legislature cannot impose binding arbitration on your city or county. However, this decision does not prohibit a city or county from voluntarily agreeing to binding arbitration. This issue can, and probably will, be presented for negotiation by the employees unions as MOU’s expire. By agreeing to binding arbitration, you are forfeiting the procedural and substantive safeguards of the judicial process – there is no right of appeal and the decision of the arbitrator(s) is final.
As always, we urge that you confer with your department’s legal advisor before taking action regarding legal matters. Should you have any questions or wish to discuss this matter in greater detail, please feel free to call Martin Mayer or Dean Pucci at 714-446-1400 or at mjm@jones-mayer.com or djp@jones-mayer.com.
[The Law Offices of Jones & Mayer located in Fullerton, California focus its practice on representing the interests of public entities as its City Attorney, in labor negotiations, in defending tort litigation and civil rights litigation. Martin Mayer focuses his practice in the area of representing cities, counties and the State on matters arising out of their respective law enforcement agencies.]
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