HomeMy WebLinkAboutAgenda Report - July 20, 2011 C-15AGENDA ITEM C445
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COUNCIL COMMUNICATION
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AGENDA TITLE: Receive Report Regarding League of California Cities Communications Pertaining
to Senate Bill 89 and Senate Bill 931
MEETING DATE: July 20, 2011
PREPARED BY: City Clerk
RECOMMENDED ACTION: Receive report regarding League of California Cities (League)
communications pertaining to Senate Bill 89 and Senate Bill 931.
BACKGROUND INFORMATION: The City received a request for communication from the League
pertaining to SB 89 and SB 931. A request for veto to SB 89 and
letter of opposition to SB 931, signed by the Mayor, were sent out
immediately as the bills were being heard in committee shortly.
As you are aware, SB 89 (Committee) passed as a part of the Governor's approved budget package and
was chaptered on June 30, 2011. SB 89 requires the Legislature to determine and appropriate annually
an amount for the use of the DMV and the FTB for the enforcement of the Vehicle License Fee Law. The
bill deems for the 2011/12 fiscal year $25,000,000 as the cost to the DMV for the collection of the motor
vehicle license fee. These funds are redirectedfrom the general funds of local governments.
SB 931 (Vargas) would prohibit public agencies from using public funds to pay outside consultants or
legal advisors for the purpose of counseling the public employer about ways to minimize or deter the
exercise of rights guaranteed under existing law. The provisions would not apply to payments for
representation of a public sector employer before any court, administrative agency, or tribunal of
arbitration, or for payments for engaging in collective bargaining on behalf of the employer with respect to
wages, hours, or other terms and conditions of employment. The proposed bill violates attorney-client
privilege and is vague as to language in its current form.
The above -referenced letters were sent as requested on June 30, 2011 and July 5, 2011 respectively
and this report is provided for informational purposes only.
FISCAL IMPACT: None.
FUNDING AVAILABLE: Not applicable.
City Clerk
APPROVED: �X '-=-- ----_---
Konradt Bartlam, City Manager
CITY COUNCIL
BOB JOHNSON, Mayor
JOANNE MOUNCE,
Mayor Pro Tempore
LARRY D.HANSEN
PHIL KATZAKIAN
ALAN NAKANISHI
June 30, 2011
CITY OF LODI
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209) 333-6702 1 FAX (209) 333-6807
www.lodi.gov cityclerkPIod�i�Lc ov
Governor Edmund G. Brown, Jr.
State of California
State Capitol Building
Sacramento, California 95814
Via Facsimile: (9 16) 558-3177
SUBJECT: SB 89 —DIVERSION OF CITY VLF REVENUE
REQUEST FOR VETO
Dear Governor Brown:
The City of Lodi respectfully requests a VETO of SB 89.
KONRADT BARTLAM,
City Manager
RANDI JOHL, City Clerk
D. STEPHEN SCHWABAUER
City Attorney
SB 89 came into print late in the day on June 28, 2011 and was rushed through the process
with little discussion. It contains a provision that would sweep approximately $130 million of
city general fund revenues from the current vehicle license fee formula to a special law
enforcement account beginning July 1, 2011.
Given our preliminary analysis this will cost our city $227,000 per year.
These are general purpose funds that are needed at the local level to provide vital local
services which include fire and emergency services, library, parks and transportation. This
measure attempts to shift these funds from our community to be used by law enforcement
outside our boundaries and around the state.
The lack of legislative transparency to rush this measure through with no opportunity for
public input is an embarrassmentto the state.
Forthese reasons the City of Lodi respectfully requests your veto of SB 89.
Sincerely!
Bob Johnson
,Mayor
C: Senator Tom Berryhill (916-327-3523)
Assembly MemberAlyson Huber (916-319-2110)
Natasha Karl, League of California Cities
Stephen Qualls, League of California Cities
CITY COUNCIL
BOB JOHNSON, Mayor
JOANNE MOUNCE,
Mayor Pro Tempore
LARRY D. HANSEN
PHIL KATZAKIAN
ALAN NAKANISHI
July 5, 2011
CITY OF LODI
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209) 333-6702 / FAX (209) 333-6807
www.lodi.gov cityclerkQodi.gov
The Honorable Juan Vargas
Member, California State Senate
State Capitol, Room 3092
Sacramento, California 95814
Via Facsimile: (916) 327-3522
KONRADT BARTLAM,
City Manager
RANDI JOHL, City Clerk
D. STEPHEN SCHWABAUER
City Attorney
SUBJECT: SB 931 (Vargas)—Public Employee Organizations
(Amended - April 25, 2011) - NOTICE OF OPPOSITION
Dear Senator Vargas:
The City of Lodi respectfully opposes SB 931, which would unreasonably limit a public
agency's ability to seek legal counsel.
SB 931 provides that all public agencies are forbidden to use taxpayer dollars to pay for
outside consultants or legal advisors for the purpose of counseling the public employer
about ways to minimize or deter the exercise of public employee union activities. The City
of Lodi believes that SB 931 is an unreasonable and impermissible interference with
attorney-client privilege and right to counsel.
Local governments are governed by the Meyers-Milias Brown Act. This Act protects the
rights of public employees to form, join and participate in public employee unions as well
as the right to refuse to join or participate in unions. In addition, the law prohibits cities
from interfering with or restricting public employees from union participation. Given these
existing protections, it is not clear what SB 931 is actually attempting to remedy.
First, SB 931's proposed changes impermissibly invade the attorney-client, as well as
attorney work product, privileges. We believe that cities must be entitled to seek counsel,
and freely communicate thoughts and ideas with counsel, in order to best determine their
rights and obligations. SB 931 would have an impermissible chilling effect on such
communications and will violate public policy and the effective administration of justice.
Second, the proposed language in SB 931 is so vague the only way to determine
whether a communication would be wrongful would be to require disclosure of the
communication, which would also violate the attorney-client privilege. Additionally, the
threat of disclosure would likely deter employers from getting advice on issues that may
fall in the grey area, of which there are many. As a result, this bill could lead to higher
fees as cities would not be able to secure advice until litigation or administrative
proceedings already commenced.
SB 931— Notice of Opposition
July 5, 2011
Page 2
For these reasons, the City of Lodi respectfully opposes your SB 931. Please do not
hesitate to contact us for additional information.
Sincerely,
Bob Johnson, Mayor
City of Lodi
C: Senator Tom Berryhill (916-327-3523)
Assembly MemberAlyson Huber (916-319-2110)
Karen Green, Assembly Public Employees, Retirement and Social Security
(916-319-3956)
Drew Liebert, Assembly Judiciary Committee (916-319-2188)
Gareth Elliot, Governor's Office- Legislative Affa i rs Secretary (916-558-3160)
Natasha Karl, League of California Cities
Stephen Qualls, League of California Cities