PERB Decision No. 2772MA•County of Sonoma (PERB 2772MA)
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STATE OF CALIFORNIA DECISION OF THE PUBLIC EMPLOYMENT RELATIONS BOARD SONOMA COUNTY DEPUTY SHERIFFS’ ASSOCIATION, Charging Party, v. COUNTY OF SONOMA, Respondent. Case No. SF-CE-1816-M Case No. SF-CE-1817-M PERB Decision No. 2772a-M February 28, 2023 SONOMA COUNTY LAW ENFORCEMENT ASSOCIATION, Charging Party, v. COUNTY OF SONOMA, Respondent. Appearances: Rains Lucia Stern St. Phalle & Silver by Timothy K. Talbot and Zachery A. Lopes, Attorneys, for Sonoma County Deputy Sheriffs’ Association; Mastagni Holstedt by Kathleen N. Mastagni Storm, Taylor Davies-Mahaffey, and Spencer M. Shure, Attorneys, for Sonoma County Law Enforcement Association; Liebert Cassidy Whitmore by Richard C. Bolanos and Marek Pienkos, Attorneys, for County of Sonoma. Before Banks, Chair; Shiners, Krantz, and Paulson, Members. DECISION SHINERS, Member: These consolidated cases are before the Public Employment Relations Board (PERB or Board) on remand from the California Court of Appeal, First Appellate District, Division 3. In County of Sonoma (2021) PERB
2 Decision No. 2772-M (Sonoma I), we held that the County of Sonoma violated the Meyers-Milias-Brown Act (MMBA) and PERB Regulations by placing Measure P on the November 2020 ballot without providing the exclusive representatives of its non-managerial peace officers, Charging Parties Sonoma County Deputy Sheriffs’ Association (DSA) and Sonoma County Law Enforcement Association (SCLEA) (collectively Associations), notice or an opportunity to meet and confer over Measure P and its effects.1 As a remedy, we issued cease-and-desist and notice posting orders, and declared the offending Measure P provisions void and unenforceable as to Association-represented employees. After the County appealed, the Court of Appeal affirmed the Board’s conclusion that the County violated the MMBA by failing to meet and confer over the effects of certain Measure P provisions on Association-represented employees’ terms and conditions of employment. (County of Sonoma v. Public Employment Relations Board (2022) 80 Cal.App.5th 167, 186-189 (Sonoma II).) The court also affirmed PERB’s jurisdiction over unfair practice charges filed by employee organizations representing “peace officers” as defined in Penal Code section 830.1. (Id. at p. 192.) The court, however, annulled the Board’s conclusion that the County violated the MMBA and PERB Regulations by failing to afford the Associations notice and failing to meet and confer upon their request over the decision to place certain Measure P provisions on the ballot. (Sonoma II, supra, 80 Cal.App.5th at pp. 174, 192.) Specifically, the court held that PERB erred by failing to apply the test from 1 The MMBA is codified at Government Code section 3500 et seq. All further undesignated statutory references are to the Government Code. PERB Regulations are codified at California Code of Regulations, title 8, section 31001 et seq.
3 Claremont Police Officers Assn. v. City of Claremont (2006) 39 Cal.4th 623 (Claremont) to determine whether the provisions had “a significant and adverse effect on the wages, hours, or working conditions” of Association-represented employees.2 (Sonoma II, supra, 80 Cal.App.5th at p. 174.) The court also annulled the Board’s order declaring certain Measure P provisions void and unenforceable, finding the order exceeded PERB’s remedial authority. (Id. at pp. 189-192.)3 Nevertheless, the court upheld PERB’s authority to declare the County Board of Supervisors’ (BOS) resolution that placed Measure P on the ballot void and unenforceable. (Id. p. 192.) The court remanded this matter to the Board to reconsider these two issues in light of the court’s decision. (Sonoma II, supra, 80 Cal.App.5th at pp. 191-193.) Soon after receiving the court’s remittitur, the Board asked the parties to provide supplemental briefing on the remanded issues. The parties filed simultaneous supplemental briefs on December 2, 2022. In accord with the court’s remand order, we have reviewed the entire administrative record in light of the court’s opinion and the parties’ supplemental briefing. As explained below, we conclude that the County violated the MMBA and PERB Regulations by not giving the Associations notice and an opportunity to meet and confer over certain Measure P amendments before placing the measure on the 2 Notably, in litigating this matter before the ALJ and the Board, the County did not urge PERB to apply Claremont. Instead, it argued that matters of police- community relations are categorically outside the MMBA’s scope of representation. After the Board rejected that argument, the County pivoted to arguing to the Court of Appeal that the Board erred by not applying Claremont. 3 We accordingly vacate sections I.B.i. and II.B. of Sonoma I, supra, PERB Decision No. 2772-M, as well as the decision’s remedial order.
4 November 2020 ballot. As a remedy, we order the County to cease and desist from such conduct in the future and to post a notice of its violations. FACTUAL BACKGROUND4 The County Board of Supervisors Places Measure P on the November 2020 Ballot In September 2016, the BOS adopted Ordinance No. 6174 establishing the Independent Office of Law Enforcement Review and Outreach (IOLERO) under the Sonoma County Code (SCC). IOLERO’s general duties under Ordinance No. 6174 were to audit Sheriff’s Office administrative investigations, accept allegations of Sheriff’s Office employee misconduct from the public, provide policy recommendations to the Sheriff’s Office, increase transparency of Sheriff’s Office policies, procedures, and operations, and conduct outreach and engage the community to strengthen the relationship between the community and law enforcement. Ordinance No. 6174 specifically prohibited IOLERO from: (1) conducting its own investigations of alleged misconduct; (2) interfering with the powers and duties of the Sheriff; (3) compelling by subpoena testimony or the production of documents; (4) disclosing confidential personnel file information; and (5) deciding Sheriff’s Office policy, directing activities, or imposing discipline. On June 23, 2020,5 the BOS authorized an ad hoc committee “to explore possible amendments to the IOLERO ordinance” “within the limitations imposed by the California Constitution and the Government Code,” with the goal of allowing the BOS 4 We recount here only the facts pertinent to the issues on remand. For a full recitation of the facts, see Sonoma I, supra, PERB Decision No. 2772-M, pp. 3-22. 5 All further dates are in 2020, unless otherwise indicated.
5 “to adopt amendments to the IOLERO Ordinance by mid to late October.” In furtherance of this goal, the committee would solicit input from various “stakeholders” in three “phases” lasting through November or December of 2020. An ad hoc committee charter was presented to the BOS on July 14, but the BOS postponed considering the charter to its August 4 meeting. During the August 4 meeting, the County Administrator’s Office and County Counsel presented the BOS with a proposed “Evelyn Cheatham IOLERO Initiative.” The Summary Report accompanying the proposed initiative gave the BOS three options: (1) place the proposed initiative on the November 3, 2020 election ballot, (2) introduce the proposed changes as amendments to the existing IOLERO ordinance for direct adoption by the BOS, or (3) approve the ad hoc committee charter. The BOS did not act on the proposed initiative but instead called a special meeting for August 6 to consider what action to take. At the August 6 special meeting, the BOS voted to call a special election to submit the proposed initiative to voters and to consolidate the special election with the statewide general election on November 3, 2020. The County did not provide the Associations written notice or an opportunity to meet and confer over Measure P before the BOS voted on August 6. Despite not receiving formal notice, shortly before the August 6 meeting, both DSA and SCLEA sent the BOS letters demanding to meet and confer over Measure P prior to the BOS making a final decision. DSA and SCLEA subsequently renewed their requests after the August 6 vote. In response to DSA’s and SCLEA’s post-August 6 demands to bargain, the County asserted a management right to place Measure P on the ballot but offered to meet and confer over any effects of the measure within the scope of representation.
6 The County Registrar of Voters subsequently designated the proposed initiative as Measure P and placed it on the November 3, 2020 general election ballot, where it passed by a majority vote. The Disputed Measure P Amendments The court’s remand order directed PERB to consider whether the following nine provisions of Measure P fall within the MMBA’s scope of representation: SCC, § 2-392(d)(2): “[P]rovide independent investigations of employees of the sheriff-coroner where an investigation by that office is found by IOLERO to be incomplete or deficient in some way.” SCC, § 2-394(b)(3): “Act as a receiving and investigative agency for whistleblower complaints involving the sheriff-coroner . . . any whistleblower complaints received or investigated by IOLERO shall not need to be reported by IOLERO to the sheriff-coroner, including the Internal Affairs Division.” SCC, § 2-394(b)(4): “Make discipline recommendations, as appropriate, for officers subject to IOLERO investigations.” SCC, § 2-394(b)(5): “As part of the process of review, audit and analysis, IOLERO may, among other things: “[¶] . . . [¶] “ii. Directly receive all prior complaints for the involved deputy, previous investigation files (including Brady investigations) and the record of discipline for each complaint; “[¶] . . . [¶] “vii. Where in the opinion of the director, the investigation of a complaint or incident by the sheriff-coroner is incomplete or otherwise deficient, conduct an independent investigation of the matter, to the extent deemed necessary by the director; “viii. Where the investigation involves an incident resulting in the death of a person in custody of the sheriff-coroner or results
7 from the actions of an employee, conduct an independent investigation of the matter; and “ix. Independently subpoena records or testimony, as the director deems appropriate, to complete an adequate investigation. Among other sources of legal authority, such subpoena power is delegated from that held by the board of supervisors, to be used at the discretion of the director.” SCC, § 2-394(e): “The sheriff-coroner shall cooperate fully with IOLERO by providing direct, unfettered access to information of the Sheriff’s Office, in order to facilitate IOLERO’s receipt, review and audit of complaints and investigations; IOLERO’s independent investigation of incidents; as well as IOLERO’s review of policies, practices, and training. Among the sources of information to which the sheriff-coroner shall provide such access to IOLERO are the following: “[¶] . . . [¶] “2) Any database or other computer application, or physical files, containing employee personnel records, investigations of complaints against employees, investigations of claims filed against the Sheriff’s Office under the California Claims Act, including Brady investigations and the record of discipline with each complaint file or audit or investigations related to lawsuits filed against the County because of any action or inaction of an employee of the Sheriff’s Office;” SCC, § 2-394(f): “The director shall be provided access by the sheriff-coroner to personally sit in and observe the investigative interviews of any complainant or witness in, or deputy who is a subject of, an administrative investigation, upon request by the director.” The Parties’ Letters of Agreement On June 23, 2022, the same day the Court of Appeal issued Sonoma II, the County, DSA, and SCLEA issued a jointly-drafted written statement entitled, “County of Sonoma, labor groups reach agreement of law enforcement oversight measures.”
8 The joint statement recounted that the parties had bargained for over a year “to implement the voters’ will, ensure that IOLERO’s expanded authority represented smart and effective law enforcement oversight, and treat the associations’ members fairly.” The joint statement further recounted that the parties had reached an agreement that “meets all of these goals,” and that “IOLERO now has the authority to conduct independent investigations of serious instances of alleged misconduct, with greater access to and cooperation with Sheriff’s Office internal investigations.” The joint statement linked to a County website containing nearly identical Letters of Agreement (LOAs) that the County reached with DSA and SCLEA earlier in June 2022. Each of the LOAs included, among other terms, the following relevant provisions, with only non-material differences in numbering: “IV. IOLERO REVIEW, AUDIT AND ANALYSIS OF SHERIFF’S OFFICE ADMINISTRATIVE INVESTIGATIONS “[¶] . . . [¶] “(A) Audit Process and Procedures “[¶] . . . [¶] “(vi) In reviewing the Sheriff’s Office investigation, IOLERO Staff who have successfully completed the required background check for employment with IOLERO, will have the ability to search all completed Sheriff’s Office citizen complaint investigations and all Sheriff’s Office completed administrative investigations in [the Sheriff’s Office Investigations Management database] AIM . . . “[¶] . . . [¶] “(viii) Unit members may be directly contacted by IOLERO as part of IOLERO’s efforts to ensure the completeness and
9 fairness of the Sheriff-Coroner’s investigation, to include any supervisor of an employee who is the subject of the investigation under review . . . “At the conclusion of IOLERO’s review, audit and analysis of the investigation, the IOLERO Director may provide advice and/or recommendations to the Sheriff’s Office in an individual case-specific report . . . “[¶] . . . [¶] “(C) Case-Specific Reports “(i) Case-specific reports are confidential communications among the IOLERO Director and the Sheriff’s Office, and will be maintained by IOLERO as confidential peace officer records in accordance with Penal Code sections 832.5, 832.7 and 832.8. “(ii) Should the IOLERO Director conclude that a Sheriff’s Office investigation was incomplete, biased or otherwise deficient, the case-specific report shall identify the bases and reasons for that conclusion. If IOLERO intends to independently investigate the facts of the subject investigation it deems incomplete or otherwise deficient, IOLERO will notify the Sheriff of its intention as part of the case-specific report. “(D) Independent Investigations “(i) IOLERO may initiate an independent investigation under either of the following circumstances: “a. The case-specific report concludes that the Sheriff’s Office investigation was incomplete or otherwise deficient; “b. The investigation involves an incident resulting in the death of a person in custody of Sheriff’s Office personnel or results from the actions of Sheriff’s Office personnel. “(ii) IOLERO’s independent investigation shall not take place until the Sheriff’s Office investigation is referred to IOLERO as described under section IV (A) (v) above. IOLERO’s independent investigation will not in any way
10 interfere with the Sheriff’s Office investigation or any criminal investigation into the matter. “(iii) In furtherance of conducting an independent investigation, IOLERO may: “a. Contact complainants, witnesses, and/or custodians of evidence to elicit relevant information. Such contact of bargaining unit members will take place during regular business hours whenever possible. IOLERO does not have the authority to direct any unit member’s activities that may be requested by IOLERO under this sub-part. “b. Subpoena testimony and/or documents as deemed necessary pursuant to Ordinance 6333 and Government Code section 25303.7. “(iv) Following the completion of an independent investigation, the IOLERO Director may provide a supplemental case-specific report to the Sheriff’s Office, which may include discipline recommendations, as appropriate, for unit members subject to IOLERO’s investigation. The supplemental case-specific report will be maintained by IOLERO as a confidential peace officer personnel record. IOLERO will not retain, nor disclose, any physical or digital copies of the underlying investigative file that it accessed through the Sheriff’s Office that IOLERO relied on in preparing the supplemental case-specific report. “[¶] . . . [¶] “VI. EFFECT AND FULL UNDERSTANDING “The provisions of this Letter of Agreement are subject to and to be read with County Ordinance 6333 and the Operational Agreement executed by and between IOLERO and the Sheriff’s Office pursuant to Section 2-394(d) of Ordinance No. 6333. To the extent the provisions of this Agreement conflict with provisions in Ordinance No. 6333
11 or the Operational Agreement, the provisions of this Letter of Agreement will control as permitted by applicable law. “Any alteration, variation, waiver or modification of any terms or provisions contained in this Letter of Agreement shall be effectuated as authorized by and in accordance with California Government Code section 3500 et. seq., and the County’s Employee Relations Policy and Procedure.” DISCUSSION I. Mootness Our request for supplemental briefing asked the parties to brief the impact, if any, of the June 2022 LOAs on the issues on remand. The County argues that the LOAs render this entire matter moot, while the Associations contend the matter is not moot because the County has initiated bargaining over revisions to the LOAs. For the following reasons, we find this matter is not moot. “A case in controversy becomes moot when the essential nature of the complaint is lost because of some superseding act or acts of the parties.” (Amador Valley Joint Union High School District (1978) PERB Decision No. 74, p. 5 (Amador).) “A charge that an employer’s unilateral change to a particular term or condition of employment was unlawful does not become moot merely because the parties reach agreement on that term or condition in subsequent negotiations. [Citation.] Only when the agreement clearly settles the issue of whether the respondent’s conduct was unlawful or explicitly waives the charging party’s right to pursue the charge will PERB find a case moot under these circumstances.” (County of Riverside (2010) PERB Decision No. 2132-M, p. 7.) An actual dispute remains between the parties even if their subsequent agreement narrows the available relief. (Salinas Valley Memorial Healthcare System (2017) PERB Decision No. 2524-M, pp. 13-14.)
12 As discussed in Part III, post, the LOAs do substantially impact the appropriate remedy. But they did not resolve the parties’ dispute over whether the Measure P amendments were within the scope of representation or whether the County had a duty to meet and confer with the Associations before placing the amendments on the November 2020 ballot. Because there remains a live controversy over these issues, and because the public interest is served by clarifying the parties’ rights and obligations (Amador, supra, PERB Decision No. 74, p. 5), this matter is not moot and we will proceed to decide the merits of the parties’ dispute. II. Obligation to Meet and Confer over the Disputed Measure P Amendments MMBA section 3505 requires a public agency to meet and confer in good faith with representatives of recognized employee organizations concerning matters within the scope of representation. It is an unfair practice for a public agency to refuse or fail to comply with this obligation. (§ 3506.5, subd. (c).) Of particular relevance here, public agencies must comply with the MMBA’s meet-and-confer requirements before submitting to voters an initiative affecting matters within the scope of representation. (Boling v. Public Employment Relations Board (2018) 5 Cal.5th 898, 915 (Boling); People ex rel. Seal Beach Police Officers Assn. v. City of Seal Beach (1984) 36 Cal.3d 591, 597-601 (Seal Beach).) A unilateral change to a matter within the scope of representation is a per se violation of the duty to meet and confer in good faith. (County of Merced (2020) PERB Decision No. 2740-M, pp. 8-9.) To prove a prima facie case of an unlawful unilateral change, a charging party must show that: (1) the employer changed or deviated from the status quo; (2) the change or deviation concerned a matter within the scope of representation; (3) the change or deviation had a generalized effect or continuing
13 impact on represented employees’ terms or conditions of employment; and (4) the employer reached its decision without first providing adequate advance notice of the proposed change to the union and bargaining in good faith over the decision, at the union’s request, until the parties reached an agreement or a lawful impasse. (County of Santa Clara (2021) PERB Decision No. 2799-M, pp. 15-16.) In the Court of Appeal, the County challenged only the second element of the unilateral change test—whether the change in policy concerns a matter within the scope of representation. After finding the Board erred in its scope of representation analysis, the court declined to address whether the County failed to give the Associations adequate notice and opportunity to meet and confer before deciding to place Measure P on the ballot. We address each issue in turn.6 A. Scope of Representation The MMBA defines “scope of representation” as “all matters relating to employment conditions and employer-employee relations, including, but not limited to, wages, hours, and other terms and conditions of employment, except, however, that the scope of representation shall not include consideration of the merits, necessity, or organization of any service or activity provided by law or executive order.” (§ 3504.) The “merits, necessity, or organization” language of MMBA section 3504 recognizes “the right of employers to make unconstrained decisions when fundamental 6 The County did not challenge on appeal our conclusions that the other two elements of the unilateral change test were satisfied, i.e., that the disputed Measure P amendments changed policy and had a generalized effect or continuing impact on bargaining unit members’ terms or conditions of employment. Consequently, those conclusions are binding under the law of the case doctrine. (See Shopoff & Cavallo LLP v. Hyon (2008) 167 Cal.App.4th 1489, 1518, fn. 18 [findings not challenged on appeal are binding on remand under law of the case principles].)
14 management or policy choices are involved.” (Building Material & Construction Teamsters’ Union v. Farrell (1986) 41 Cal.3d 651, 663 (Building Material).) As we recently clarified in City and County of San Francisco (2022) PERB Decision No. 2846-M: “In determining whether an employer’s decision is within the scope of representation under MMBA section 3504, we first determine into which of three categories of managerial decisions the decision falls: (1) ‘decisions that “have only an indirect and attenuated impact on the employment relationship” and thus are not mandatory subjects of bargaining,’ such as advertising, product design, and financing; (2) ‘decisions directly defining the employment relationship, such as wages, workplace rules, and the order of succession of layoffs and recalls,’ which are ‘always mandatory subjects of bargaining’; and (3) ‘decisions that directly affect employment, such as eliminating jobs, but nonetheless may not be mandatory subjects of bargaining because they involve “a change in the scope and direction of the enterprise” or, in other words, the employer’s “retained freedom to manage its affairs unrelated to employment.” (County of Orange (2018) PERB Decision No. 2594-M, p. 18 (Orange), quoting International Assn. of Fire Fighters, Local 188, AFL-CIO v. Public Employment Relations Bd. (2011) 51 Cal.4th 259, 272-273 (Richmond Firefighters).) “When a decision falls into the third category, we first determine whether the decision has ‘a significant and adverse effect on the wages, hours, or working conditions of the bargaining-unit employees’ that ‘arises from the implementation of a fundamental managerial or policy decision.’ (Claremont, supra, 39 Cal.4th at p. 638; Orange, supra, PERB Decision No. 2594-M, pp. 19-20.) If both requirements are met, we determine whether ‘the employer’s need for unencumbered decisionmaking in managing its operations is outweighed by the benefit to employer-employee relations of bargaining about the action in question.’ (Claremont, supra, 39 Cal.4th at p. 638;
15 Orange, supra, PERB Decision No. 2594-M, pp. 17, 19- 20.)” (City and County of San Francisco, supra, PERB Decision No. 2846-M, pp. 17-18.) The Court of Appeal affirmed the Board’s determination that the disputed Measure P amendments fall into the third category under this framework because the County has a substantial interest in increasing transparency and fostering community trust in policing and correctional services. (Sonoma II, supra, 80 Cal.App.5th at pp. 181-182.) We therefore must determine whether the decision to place the disputed Measure P amendments on the ballot had “a significant and adverse effect on the wages, hours, or working conditions of the bargaining-unit employees.” (City and County of San Francisco, supra, PERB Decision No. 2846-M, p. 18.) As an initial matter, we reject the County’s contention that the Court of Appeal effectively determined that the disputed Measure P amendments did not significantly and adversely affect employment terms. The court’s discussion did not amount, as the County implies, to a conclusion that the disputed amendments were outside the scope of representation. Rather, the court left that question open: “We cannot say the Measure P provisions ‘invariably raises [sic] disciplinary issues’ for which mandatory decision bargaining is required. (Claremont, supra, 39 Cal.4th at p. 634, 47 Cal.Rptr.3d 69, 139 P.3d 532.) Application of the first prong of the Claremont test here was necessary to determine whether the decision to place Measure P on the ballot was within the scope of representation.” (Sonoma II, supra, 80 Cal.App.5th at p. 185.) The court’s remand order also shows the court made no legal conclusions on scope of representation that are binding on PERB: “On remand, PERB must determine whether the decision to place [the disputed Measure P amendments] on the ballot was within the
16 scope of representation under the MMBA as analyzed under Claremont, supra, 39 Cal.4th at page 638, 47 Cal.Rptr.3d 69, 139 P.3d 532.” (Id. at pp. 192-193.) The Court of Appeal thus explicitly did not resolve whether the disputed Measure P amendments significantly and adversely affected employment conditions and thus whether the County had an obligation to meet and confer.7 1. Significant and Adverse Effect Analysis Neither Claremont nor any other decision announces a uniform standard for determining whether an effect on employment conditions is “significant and adverse.” Indeed, this critical determination is necessarily context-specific. But there is one overarching consideration applicable irrespective of context: we must review all relevant circumstances from the perspective of a reasonable employee. (See Long Beach Police Officer Assn. v. City of Long Beach (1984) 156 Cal.App.3d 996, 1011 [finding change in investigatory practice to be within the scope of representation because police officers “may well have a fear, albeit a phantom fear,” of punitive action] (Long Beach); County of Santa Clara (2022) PERB Decision No. 2820-M, p. 8 7 In a similar vein, the County argues that under the law of the case doctrine, PERB is bound by the Court of Appeal’s “findings and conclusions regarding the record evidence.” But the court made no factual findings on the two issues on remand. On both issues, the court concluded that PERB incorrectly applied existing law to the facts. (Sonoma II, supra, 80 Cal.App.5th at pp. 185, 191.) We thus are free on remand to make any factual findings that are supported by the record. (See Healdsburg Union High School District and Healdsburg Union School District/San Mateo City School District (1984) PERB Decision No. 375, p. 5 [on remand from the California Supreme Court’s decision approving PERB’s test for determining whether subjects not specifically enumerated by the Educational Employment Relations Act (§ 3540 et seq.) are within the scope of representation, the Board applied the test to the facts of the case and made new factual findings].)
17 [materiality of unilateral change is assessed “through the eyes of a reasonable employee”].) As to the first term, “significant” means “large or important enough to have an effect or to be noticed.” (Significant, Oxford Advanced Learner’s Dictionary, https://www.oxfordlearnersdictionaries.com/us/definition/english/significant [as of Feb. 27, 2023].) Consistent with that definition, Claremont found no significant effect on police officers’ working conditions where the amount of time per shift officers took to complete racial profiling study forms “was de minimis.” (39 Cal.4th at pp. 638-639.) As to the second term, Claremont provides no guidance for determining whether a significant effect is also “adverse.” But long-settled precedent holds that an employer action is adverse whenever a reasonable employee in the same circumstances “would consider the action to have an adverse impact on the employee’s employment.” (Newark Unified School District (1991) PERB Decision No. 864, pp. 11-12.) We find this well-established standard equally applicable to determining adverse effects under Claremont. Under the reasonable employee standard, the effect of a change need only be reasonably foreseeable to be considered “significant and adverse.” As the California Supreme Court observed in Building Material, supra, 41 Cal.3d 651—the decision from which Claremont drew the “significant and adverse” standard: “The cases have established that the bargaining unit can be adversely affected without any immediate adverse effect on any particular employee within that unit.” (Id. at p. 662.) Again, long-standing PERB precedent provides a useful standard here. As we recognized in Trustees of the California State University (2012) PERB Decision No. 2287-H:
18 “Because bargaining over effects contemplates that negotiations will occur prior to implementation of the non-negotiable decision, the parties must assess the effects of the decision prospectively, without the benefit of hindsight. The effects must be reasonably likely to occur, not proven to have already occurred.” (Id. at p. 14, italics in original; see Rio Hondo Community College District (2013) PERB Decision No. 2313, p. 5 [“When approaching effects bargaining, parties must anticipate changes yet to flow from the employer’s decision”].) Consistent with these authorities, in analyzing whether a management decision has “a significant and adverse effect on the wages, hours, or working conditions” of bargaining unit employees, we examine whether such an effect was reasonably foreseeable at the time the decision was made, not whether the effect was certain to occur as a result of the decision. And we consider this issue through the eyes of a reasonable employee in the same circumstances. Applying these standards, we find that the disputed Measure P provisions significantly and adversely affect Association-represented employees’ working conditions by creating a second, independent investigatory path. Before Measure P, IOLERO only had authority to audit Sheriff’s Office misconduct investigations after they were complete; it had no authority to conduct its own investigations. Measure P gave IOLERO new authority to: (1) conduct an independent investigation when the Sheriff’s Office investigation “is found by IOLERO to be incomplete or deficient in some way” (SCC, §§ 2-392(d)(2), 2-394(b)(5)(vii)); (2) directly receive and investigate whistleblower complaints against Sheriff’s Office personnel (SCC, § 2-394(b)(3)); and (3) independently investigate deaths of individuals in Sheriff’s Office custody or caused by Sheriff’s Office personnel (SCC, § 2-394(b)(5)(viii)). IOLERO may
19 recommend discipline based on any of these investigations. (SCC, § 2-394(b)(4).) While an independent IOLERO investigation may or may not ultimately lead to an officer’s discipline, for the following reasons employees would reasonably view it as significantly and adversely affecting terms and conditions of employment in several ways. First, new investigative procedures adversely affect employment when they create a potential for discipline that did not previously exist. For instance, in Murphy Diesel Co. (1970) 184 NLRB 757, the employer unilaterally changed the process to investigate tardiness and absenteeism by adding a new requirement that employees use a company form to submit a written explanation for being tardy or absent. (Id. at p. 759.) Although the form did not alter existing criteria for discipline, the National Labor Relations Board found that “the new requirements, all of which exposed the employees to a jeopardy which had not prevailed under the preexisting rules, vitally affected employee tenure and conditions of employment generally and were therefore matters which were not subject to unilateral employer control.”8 (Vernon Fire Fighters v. City of Vernon (1980) 107 Cal.App.3d 802, 816, quoting Murphy Diesel Co., supra, 184 NLRB at p. 763, internal quotations omitted.) California courts have reached similar conclusions with respect to new investigative procedures that exposed employees to greater potential for discipline. (See, e.g., Holliday v. City of Modesto (1991) 229 Cal.App.3d 528, 540 [holding that mandatory drug testing policy was within 8 Although federal judicial and administrative precedent is not binding on PERB, it often provides persuasive guidance in construing California’s public sector labor relations statutes. (County of Santa Clara (2019) PERB Decision No. 2670-M, p. 19, fn. 20 & p. 28; Capistrano Unified School District (2015) PERB Decision No. 2440, p. 15.)
20 the scope of representation]; Long Beach, supra, 156 Cal.App.3d 996, 1011 [holding that the city’s change to a past practice of allowing police officers to consult with a union representative or attorney before filing an officer-involved shooting report was within the scope of representation].) By subjecting County peace officers to potential investigation by a second entity, Measure P increases the potential for discipline. Indeed, one of the stated purposes of Measure P was to increase accountability among County law enforcement, implicitly by increasing the threat of discipline for misconduct. Moreover, even if no discipline ultimately issues, when IOLERO completes an independent investigation, it will maintain the supplemental case-specific report as a confidential peace officer personnel record. Reasonable employees would find the existence of such a personnel record to be significant and adverse. (See, e.g., State of California (Department of Youth Authority) (2000) PERB Decision No. 1403-S, adopting proposed decision at p. 33 [“[A] reasonable person would consider a performance report that included substandard ratings for ‘relationships with people’ and ‘analyzing situations and materials’ to have an adverse impact on his/her employment”]; California Union of Safety Employees (Coelho) (1994) PERB Decision No. 1032-S, p. 12 [fact that complaint and investigation did not result in action being taken against employee by his employer does not eliminate adverse impact where “a reasonable person” would “be concerned about the potential adverse effect”].) Second, by subjecting County peace officers to a potential second investigation even if a first investigation has cleared them, these Measure P amendments adversely affect wages and promotional opportunities. Hearing testimony established that an officer who is under investigation will not be appointed to a specialty assignment or
21 promoted. In such circumstances, the officer would not receive additional pay that comes with the specialty assignment or promotion. And the loss of the specialty assignment or promotional opportunity could adversely impact the officer’s career development.9 Measure P also adversely affects Association-represented employees’ wages regardless of whether they are the subject of the investigation or only a witness. SCC § 2-394(b)(5)(ix) delegates to IOLERO the BOS’ authority to subpoena testimony. But Measure P is silent about whether any employee subpoenaed by IOLERO to testify in an investigation will be paid if the interview takes place outside of the employee’s duty hours. Thus, it is foreseeable that an employee called to testify during off-duty hours would not be paid for that time. Two of the disputed Measure P amendments involve the evidence available to IOLERO. SCC § 2-394(b)(5)(ii) allows IOLERO to “[d]irectly receive all prior complaints for the involved deputy, previous investigation files (including Brady10 investigations) and the record of discipline for each complaint.” SCC § 2-394(e)(2) grants IOLERO access to those same materials as well as employee personnel 9 Indeed, the Public Safety Officers’ Procedural Bill of Rights Act (POBR; § 3300 et seq.) requires that an investigation be completed and notice of proposed discipline issued within one year of the start of the investigation “to ensure that an officer will not be faced with the uncertainty of a lingering investigation.” (Mays v. City of Los Angeles (2008) 43 Cal.4th 313, 322.) 10 A Brady list contains the names of “officers whom [law enforcement] agencies have identified as having potential exculpatory or impeachment information in their personnel files—evidence which may need to be disclosed to the defense under Brady [v. Maryland (1963) 373 U.S. 83] and its progeny.” (Association for Los Angeles Deputy Sheriffs v. Superior Court (2019) 8 Cal.5th 28, 36.)
22 records, “investigations of claims filed against the Sheriff’s Office under the California Claims Act,” and “investigations related to lawsuits filed against the County because of any action or inaction of an employee of the Sheriff’s Office.” These amendments might not significantly and adversely affect terms and conditions of employment if IOLERO was merely reviewing such evidence as part of its pre-existing audit function. However, that is not the case. A reasonable employee would find these provisions significant and adverse because they are part and parcel of the separate, independent investigations that Measure P authorizes IOLERO to conduct even after the Sheriff’s Office has already cleared an officer or otherwise concluded its investigation. Further, although the parties’ June 2022 LOAs provide that IOLERO does not retain these materials after it completes its investigation, that limitation only exists because the County negotiated with the Associations while litigating this matter. A reasonable employee at the time Measure P was placed on the ballot could not assume that management would implement such protections absent collective bargaining. In contrast, we conclude that the provision allowing the IOLERO Director “to personally sit in and observe” the Sheriff’s Office’s investigative interview of a subject officer (SCC, § 2-394(f)) was not within the scope of representation because a reasonable employee would not find the addition of a single additional qualified observer, on its own, to be significant and adverse.11 (Cf. Berkeley Police Assn. v. City 11 The Associations argue that SCC § 2-394(f) is adverse because it expands the number of interrogators at the investigative interview from two to three. On its face, SCC § 2-394(f) only allows the IOLERO Director “to personally sit in and observe” the interview; it says nothing about the Director interrogating the subject officer. Since the Associations presented no extrinsic evidence that SCC § 2-394(f) was intended to grant the Director authority to interrogate the subject or that IOLERO intended to
23 of Berkeley (1977) 76 Cal.App.3d 931, 937-938 [city had no duty to bargain over decision to allow citizen review commission member to observe police department board of review hearings and, conversely, to send a police department representative to citizen review commission meetings].) Accordingly, we dismiss the complaint allegation related to this amendment. For these reasons, we conclude that all but one of the disputed Measure P amendments had a reasonably foreseeable “significant and adverse effect” on Association-represented employees’ working conditions as of August 6 when the BOS decided to place Measure P on the November 2020 ballot. 2. Balancing Management’s Interests with the Benefits of Bargaining Having found the disputed Measure P amendments had “a significant and adverse effect on the wages, hours, or working conditions of the bargaining-unit employees” that “arises from the implementation of a fundamental managerial or policy decision,” we must determine whether “the employer’s need for unencumbered decisionmaking in managing its operations is outweighed by the benefit to employer- employee relations of bargaining about the action in question.” (City and County of San Francisco, supra, PERB Decision No. 2846-M, p. 18.) Past decisions have summarized the balancing test as analyzing whether an issue is “amenable to” or “suitable for” bargaining. (Claremont, supra, 39 Cal.4th at pp. 637-638; Rialto Police implement the provision in that manner, we take the provision’s language at face value.
24 Benevolent Assn. v. City of Rialto (2007) 155 Cal.App.4th 1295, 1306-1307 & 1309.) Investigation and discipline lie at the core of traditional labor relations and are particularly amenable to collective bargaining—both for peace officers and other employee groups. (Long Beach, supra, 156 Cal.App.3d at p. 1011; see also Claremont, supra, 39 Cal.4th at pp. 634 [while drug testing is inherently tied to discipline and therefore subject to bargaining, police department’s requirement that officers collect data on racial profiling involved no clear disciplinary aspects].) But in cases involving law enforcement agencies, the countervailing management interest is unique given that peace officers “exercise tremendous power in the name of the public.” (Fisk et al., Reforming Law Enforcement Labor Relations (Aug. 2020) Cal. L.Rev. Online, p. 3.) On the continuum of possible measures to enhance police accountability or improve police-community relations, management’s need for unencumbered decisionmaking tends to outweigh the benefit of bargaining in relation to measures focused squarely on public safety and community relations, such as revising use-of-force policies, implementing a racial profiling study, or requiring officers to wear body worn cameras. (See, e.g., Claremont, supra, 39 Cal.4th at pp. 632-634 & fn. 6 [city had no duty to bargain over racial profiling study, as it was not related to discipline, though bargaining could be required if city were to begin disciplining officers for racial profiling]; San Francisco Police Officers’ Assn. v. San Francisco Police Com. (2018) 27 Cal.App.5th 676, 684-690 [city had no duty to bargain over decision to revise use-of-force policy, but did bargain over the policy’s impact on discipline]; San Jose Peace Officer’s Assn. v. City of San Jose (1978) 78 Cal.App.3d 935 [city had no duty to bargain over decision to adopt a new use-of-force policy].)
25 Much of Measure P fell within this ambit of management prerogative, and indeed the Associations do not challenge those provisions. The Associations instead focus their claims on amendments involving investigation and discipline. As noted above, such provisions are presumptively subject to decision bargaining for all employee groups, including peace officers. (Long Beach, supra, 156 Cal.App.3d at p. 1011.) However, because peace officers sometimes use force—a unique aspect of their role in society—the scope of representation balancing test in law enforcement cases can turn on factors that do not matter for other employee groups. Most notably, a law enforcement agency generally has no decision bargaining obligation for an isolated change to an unwritten past practice related to peace officer investigations, where the practice was more protective than POBR. (Association for Los Angeles Deputy Sheriffs v. County of Los Angeles (2008) 166 Cal.App.4th 1625, 1643-1645 [distinguishing Long Beach, supra, 156 Cal.App.3d 996 and finding no decision bargaining duty for change to practice allowing peace officers present during a deputy-involved shooting to consult collectively prior to being interviewed, where past practice was unwritten and more protective than POBR] (ALADS); Association of Orange County Deputy Sheriffs v. County of Orange (2013) 217 Cal.App.4th 29, 41-46 [finding no decision bargaining duty for change to unwritten past practice allowing peace officers pre-interview access to their investigative files, because neither POBR nor parties’ contract required access at that stage] (AOCDS).)12 12 While ALADS, supra, 166 Cal.App.4th 1625 and AOCDS, supra, 217 Cal.App.4th 29 found it relevant to assess whether a practice was written or unwritten, that question has little salience when the practice in question does not relate to use of lethal force. (See, e.g., City of Santa Maria (2020) PERB Decision No. 2736-M, p. 18 [unwritten past practice was sufficiently longstanding to constitute an established
26 Here, Measure P was a broad sea change consisting of many interrelated changes, creating an independent investigatory path even after County peace officers have been cleared in a Sheriff’s Office’s investigation. This is quite different from changes to discrete, unwritten investigatory procedures more protective than POBR. The several challenged Measure P amendments allowing repeat investigations of the same officers over an extended period—thereby significantly and adversely affecting their career trajectory—are prime examples of changes for which the benefit of collective bargaining outweighs the short delay caused by requiring negotiations. In fact, the LOAs show how bargaining can sensibly protect employees while still meeting important public purposes. The record here therefore provides concrete evidence that Measure P’s parallel investigatory track involves multiple significant topics that are “amenable to resolution through the bargaining process.” (Claremont, supra, 39 Cal.4th at p. 637.) To be sure, the MMBA’s bargaining obligation can slow down decision making over law enforcement reforms that are mainly related to investigation and discipline of peace officers. On the other hand, such deliberation has benefits. As demonstrated by the parties’ LOAs, agreements that result from such negotiations may feature improved content and foster employee buy-in, leading to more durable reform. (Fisk & Richardson, Police Unions (2017) 85 Geo. Wash. L.Rev. 712, 759-775.) status quo].) Thus, where an alleged change to peace officers’ employment conditions involves their pay, there is no cause to consider whether the practice was an unwritten one more protective than POBR. (See, e.g., Riverside Sheriff’s Ass’n v. County of Riverside (2003) 106 Cal.App.4th 1285, 1291 [approving PERB’s standard for deciding whether a past practice is sufficiently consistent to constitute an established status quo].)
27 Moreover, requiring negotiations does not give a public safety union a means to block reform. As the Supreme Court has noted, in requiring negotiations over certain decisions, the MMBA does not mandate that the parties reach an agreement, as “the employer has ‘the ultimate power to refuse to agree on any particular issue.’” (Claremont, supra, 39 Cal.4th at p. 630, quoting Building Material, supra, 41 Cal.3d at p. 665.) Thus, if the parties do not reach agreement, the employer may implement its last, best, and final offer. (§ 3505.7.) And while in this case the County did not rely on the MMBA’s emergency exception, that exception could curtail a law enforcement agency’s bargaining obligation in unusual instances where the need to protect public safety does not allow time for good faith bargaining. (§ 3504.5, subd. (b).) For these reasons, we conclude that the following Measure P amendments are within the scope of representation: those granting IOLERO authority to conduct independent investigations of Sheriff’s Office employees (SCC, §§ 2-392(d)(2), 2-394(b)(3) & (5)(vii)-(viii) and deletion of language from SCC, § 2-394(c)(1)) and recommend discipline of those employees (SCC, § 2-394(b)(4)); and those allowing IOLERO to subpoena records or testimony in investigations (SCC, § 2-394(b)(5)(ix) and deletion of language from SCC, § 2-394(c)(3)) and review an officer’s discipline record, including all prior complaints (SCC, § 2-394(b)(5)(ii) & (e)(2)). B. Notice and Opportunity to Meet and Confer over the Decision to Place the Disputed Measure P Amendments on the November 2020 Ballot MMBA section 3505 requires a public agency’s governing body or its designee to “meet and confer in good faith regarding wages, hours, and other terms and conditions of employment with representatives of . . . recognized employee organizations [and] consider fully such presentations as are made by the employee
28 organization on behalf of its members prior to arriving at a determination of policy or course of action.” (Italics added.) Public agencies must comply with the MMBA’s meet- and-confer requirement before submitting to voters an initiative affecting matters within the scope of representation. (Boling, supra, 5 Cal.5th at p. 915; Seal Beach, supra, 36 Cal.3d at pp. 597-601.) As the Court of Appeal found, the BOS made a firm decision to place Measure P on the November 2020 ballot when it took that very action on August 6. (Sonoma II, supra, 80 Cal.App.5th at pp. 187.) The County did not give the Associations advance written notice that the BOS was considering taking this action on August 6. And although DSA and SCLEA learned immediately before the August 6 meeting of the BOS’ decision and demanded to meet and confer before the BOS took action, the County ignored the Associations’ requests. On these facts, the Court of Appeal affirmed our conclusion that the County did not provide the Associations notice or an opportunity to meet and confer over the negotiable effects of the BOS’ decision before implementation. (Id. at pp. 187-188.) Having found PERB erred by not applying Claremont in its decision bargaining analysis, the Court of Appeal did not address whether the County provided adequate notice and opportunity to meet and confer over the decision to place Measure P on the ballot. (Sonoma II, supra, 80 Cal.App.5th at p. 185.) An employer’s obligation to provide adequate notice and opportunity to meet and confer is identical for both “a decision involving a negotiable subject [and] a negotiable effect of a non-negotiable decision.” (County of Santa Clara (2019) PERB Decision No. 2680-M, p. 12.) We thus conclude that the same facts establishing a failure to give notice and an opportunity to bargain over the negotiable effects of certain Measure P amendments also establish the
29 same failure with regard to the decision to place the disputed Measure P amendments on the November 2020 ballot. III. Remedy MMBA section 3509, subdivision (b) authorizes PERB to order “the appropriate remedy necessary to effectuate the purposes of this chapter.” (Omnitrans (2010) PERB Decision No. 2143-M, p. 8.) This includes the authority to order an offending party to take affirmative actions designed to effectuate the purposes of the MMBA. (Id. at p. 10.) A “properly designed remedial order seeks a restoration of the situation as nearly as possible to that which would have obtained but for the unfair labor practice.” (Modesto City Schools (1983) PERB Decision No. 291, pp. 67-68.) PERB’s standard remedy for an employer’s unlawful unilateral change is a cease-and-desist order, notice posting, restoration of the status quo ante, and appropriate make-whole relief including back pay and benefits with interest. (Pasadena Area Community College District (2015) PERB Decision No. 2444, pp. 23-24.) “Restoring the parties and affected employees to their respective positions before the unlawful conduct occurred is critical to remedying unilateral change violations” to prevent the employer from gaining an unfair advantage in future negotiations. (City of San Diego (2015) PERB Decision No. 2464-M, p. 40.) On remand, the Associations urge us to restore the parties to the position they were in prior to August 6 by invalidating the portions of the August 6 BOS resolution placing the disputed Measure P amendments on the November 2020 ballot. While the Court of Appeal confirmed PERB’s authority to declare a local governing body’s resolution void and unenforceable (Sonoma II, supra, 80 Cal.App.5th at p. 192), we find no reason to order such a remedy here in light of developments since our
30 Sonoma I decision. As the parties concede, the June 2022 LOAs resolved all meet-and-confer issues arising out of the Measure P amendments we have found could not be adopted or implemented without bargaining. While the LOAs contain numerous relevant provisions, none are more important that those allowing IOLERO to conduct independent investigations, thereby permitting the parallel investigatory path at the core of the reasons multiple Measure P provisions fell within the scope of representation. It would not effectuate the MMBA’s purposes to disturb that agreement. (See City of Culver City (2020) PERB Decision No. 2731-M, p. 25 [declining to order restoration of the status quo ante where the parties had subsequently agreed to the unlawfully changed policy in successor contract]; Region 2 Court Interpreter Employment Relations Committee (2020) PERB Decision No. 2701-I, pp. 57-58 [declining to order effects bargaining where the parties had subsequently bargained over effects in successor contract negotiations].) Significantly, any future changes to the LOAs (as well as new or changed policies related to the topics covered therein) are subject to the MMBA’s meet-and-confer obligation, and any failure to satisfy that obligation may be raised in a future unfair practice charge. Furthermore, an order to cease and desist from placing measures on the ballot that affect subjects within the scope of representation without notice and meeting and conferring upon request with the Associations over the decision or its effects prohibits the County from again engaging in the conduct we found unlawful here.
31 For these reasons, we limit our remedial order to a cease-and-desist order and notice posting. ORDER Upon the foregoing findings of fact and conclusions of law, and the entire record in this case, it has been found that the County of Sonoma (County) violated the Meyers-Milias-Brown Act (MMBA), Government Code section 3505, and Public Employment Relations Board (PERB) Regulation 32603, subdivision (c) (Cal. Code Regs., tit. 8, § 31001 et seq.) when it failed and refused to meet and confer with the Sonoma County Deputy Sheriffs’ Association and Sonoma County Law Enforcement Association (collectively, Associations) over the Board of Supervisors’ decision to place Measure P on the November 2020 ballot and over the foreseeable negotiable effects of that decision on employment conditions. By this conduct, the County also interfered with the right of County employees to participate in the activities of an employee organization of their own choosing, in violation of Government Code section 3506 and PERB Regulation 32603, subdivision (a), and denied the Associations their right to represent employees in their employment relations with a public agency, in violation of Government Code section 3503 and PERB Regulation 32603, subdivision (b). Pursuant to Government Code section 3509, subdivision (a), it is hereby ORDERED that the County, its governing board, and its representatives shall:
32 A. CEASE AND DESIST FROM: 1. Refusing or failing to meet and confer in good faith with the Associations before placing any matter on the ballot that affects subjects within the scope of representation. 2. Interfering with bargaining unit members’ right to participate in the activities of an employee organization of their own choosing. 3. Denying the Associations their right to represent employees in their employment relations with the County. B. TAKE THE FOLLOWING AFFIRMATIVE ACTIONS TO EFFECTUATE THE POLICIES OF THE MMBA: 1. Within 10 workdays after this decision is no longer subject to appeal, post at all work locations in the County where notices to employees represented by the Associations are posted, copies of the Notice attached hereto as an Appendix. In addition to physical posting of paper notices, the Notice shall be posted by electronic message, intranet, internet site, and other electronic means used by the County to communicate with employees represented by the Associations. The Notice must be signed by an authorized agent of the County, indicating that the County will comply with the terms of this Order. Such posting shall be maintained for a period of 30 consecutive workdays. Reasonable steps shall be taken to ensure that the Notice is not reduced in size, altered, defaced or covered with any other material.13 13 In light of the ongoing COVID-19 pandemic, the County shall notify PERB’s Office of the General Counsel (OGC) in writing if, due to an extraordinary circumstance such as an emergency declaration or shelter-in-place order, a majority of employees at one or more work locations are not physically reporting to their work
33 2. Written notification of the actions taken to comply with this Order shall be made to the General Counsel of the Public Employment Relations Board, or the General Counsel’s designee. The County shall provide reports, in writing, as directed by the General Counsel or designee. All reports regarding compliance with this Order shall be served concurrently on the Associations. Chair Banks and Members Krantz and Paulson joined in this Decision. location as of the time the physical posting would otherwise commence. If the County so notifies OGC, or if the Associations requests in writing that OGC alter or extend the posting period, require additional notice methods, or otherwise adjust the manner in which employees receive notice, OGC shall investigate and solicit input from all parties. OGC shall provide amended instructions to the extent appropriate to ensure adequate publication of the Notice, such as directing the County to commence posting within 10 workdays after a majority of employees have resumed physically reporting on a regular basis; directing the County to mail the Notice to all employees who are not regularly reporting to any work location due to the extraordinary circumstance, including those who are on a short term or indefinite furlough, are on layoff subject to recall, or are working from home; or directing the County to mail the Notice to those employees with whom it does not customarily communicate through electronic means.
APPENDIX NOTICE TO EMPLOYEES POSTED BY ORDER OF THE PUBLIC EMPLOYMENT RELATIONS BOARD An Agency of the State of California After a hearing in Unfair Practice Case No. SF-CE-1816-M, Sonoma County Deputy Sheriffs’ Association v. County of Sonoma, and Unfair Practice Case No. SF- CE-1817-M, Sonoma County Law Enforcement Association v. County of Sonoma, in which all parties had the right to participate, the Public Employment Relations Board found that the County of Sonoma (County) violated the Meyers-Milias-Brown Act (MMBA), Government Code section 3500 et seq., when it failed and refused to meet and confer with the Sonoma County Deputy Sheriffs’ Association and Sonoma County Law Enforcement Association (collectively, Associations) over the Board of Supervisors’ decision to place Measure P on the November 2020 ballot and over the foreseeable negotiable effects of that decision on working conditions. As a result of this conduct, we have been ordered to post this Notice and we will: A. CEASE AND DESIST FROM: 1. Refusing or failing to meet and confer with the Associations before placing any measure on the ballot that affects subjects within the scope of representation. 2. Interfering with bargaining unit members’ right to participate in the activities of an employee organization of their own choosing. 3. Denying the Associations their right to represent employees in their employment relations with the County. Dated: _____________________ COUNTY OF SONOMA By: _________________________________ Authorized Agent THIS IS AN OFFICIAL NOTICE. IT MUST REMAIN POSTED FOR AT LEAST 30 CONSECUTIVE WORKDAYS FROM THE DATE OF POSTING AND MUST NOT BE REDUCED IN SIZE, DEFACED, ALTERED OR COVERED WITH ANY OTHER MATERIAL.
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