The following is the text of the letter, provided as part of CalHR’s commitment to accessibility.

 

April 16, 2013

Ms. Julie Chapman, Director
Department of Human Resources
1515 "S" Street, North Building, Suite 400
Sacramento, California 95811-7258

 

Dear Ms. Chapman:

 

On March 18, 2013, the Department of Human Resources (CalHR) submitted to the Legislature 13 addenda to the Bargaining Unit 6 memorandum of understanding (MOU). Bargaining Unit 6 consists primarily of state correctional officers and parole agents employed by the California Department of Corrections and Rehabilitation and is represented by the California Correctional Peace Officers' Association. The 13 addenda build on agreements submitted to the Joint Legislative Budget Committee (JLBC) on August 24, 2012, and pertain to the continued implementation of wave two and the beginning of wave three of public safety realignment pursuant to Chapter 15, Statutes of2011 (AB 109, Committee on Budget).

 

All of the 13 addenda were signed at least two months before they were submitted to the Legislature and two were signed in June 2012. In many cases, the agreements require or allow the parties to do something in the past, meaning the administration implemented the terms of the agreements before submitting them to the JLBC.

 

Under state law, any provision ofan MOU that requires the expenditure of funds may become effective only if approved by the Legislature. As required by Chapter 499, Statutes of 2005 (SB 621, Speier), the JLBC determines whether legislative approval is necessary. In order for this legislative oversight to be meaningful, the administration must submit agreements to the JLBC as soon as possible and before the administration implements the terms of an agreement. In at least three instances in recent years, the JLBC has expressed concerns about the timing of past addenda submissions. I am concerned that there continues to be a delay in submitting these agreements for legislative review.

 

In a meeting with legislative staff, your staff identified two causes of the delayed submittal of these 13 agreements to JLBC. First, your staff suggested that some departmental Labor Relations Officers (LROs) appear to be unaware of the JLBC review process and so do not submit agreements to CalHR in a timely manner. (The seeming failure of some LROs to submit agreements to CalHR in a timely fashion could impair CalHR's ability to manage statewide labor relations effectively.) Second, your staff explained that CalHR staff thought it was helpful to submit agreements addressing similar issues as one package rather than on a flow basis. In an effort to address these factors, your staff specified that CalHR plans to ( 1) improve outreach to LROs to ensure they are aware of the JLBC review process and (2) stop the practice of batching agreements and instead submit agreements on a flow basis to the JLBC. I appreciate your staff's willingness to improve the current process.

 

Submit Written Plan to Prevent Future Delays. Although I think the solutions proposed by your staff will improve the process, I request that CalHR submit a written response outlining its plan to prevent future delays in addenda submissions.

 

Administration May Implement These Addenda. Under state law, the Legislature must approve any provision of an MOU or similar agreement that requires the expenditure of funds. These addenda would not result in the expenditure of funds not already approved by the Legislature. Accordingly, the administration may implement these agreements with Bargaining Unit 6 immediately without the need for additional legislative action.

 

Sincerely,

 

/s/ Mark Leno

Chair

 

cc: Members of the Joint Legislative Budget Committee
      Ana J. Matosantos, Director of Finance