Brothers and Sisters:

Everyone has certainly heard about our new three (3) year agreement (tentative MOU) with the Department of Personnel Administration (DPA).  Upon reaching a new agreement a few weeks ago, a two-part process was set into motion for its review and approval by the California State Legislature and our members' ratification.  I want to take a few minutes to explain the process so our members will understand it as outlined by State Labor Law and our union's bylaws.

Legislative Review and Approval

Once a tentative agreement is reached between our bargaining team and DPA, it is finalized into language that is reviewed and approved by both parties. This becomes the written agreement that enacts the MOU.  Once the document is approved, it is sent to the Legislative Analyst’s Office (LAO) for a ten (10) calendar day review period.  (The LAO is an independent body charged with examining information for the Legislature and reporting on policy and fiscal impacts).  Upon completion of the LAO review, a public report is generated and transmitted to the Legislature.   The report is public and is provided specifically to both Republicans and Democrats. Both parties have a chance to review it and develop their respective positions and voting postures. 

Every MOU becomes a stand alone bill that is acted upon by the Legislature. If passed, it is signed into law by the Governor.  Legislative language is crafted by an author who agrees to carry the bill (becomes the shepherd of the bill) as it works its way through the legislative review and voting process.  The language is submitted by the author to the Legislative Counsel’s Office (LCO), which crafts government code, labor law and other statutes that are required to enact the bill's intent.  The LCO releases the bill in the form required to adhere to the law and appropriate funds (where required).

After the LAO has reported on the impacts and the LCO has released the language required to enact the new MOU, a legislative process is initiated which calls for the following:

1. The bill is assigned a number in either the Senate or Assembly, depending on which side of the house the bill is introduced in (SB=Senate Bill or AB=Assembly Bill followed by its assigned number).
2. The Legislature begins its internal review and vetting, starting with the Assembly or Senate and moving to the other house. Each house has to hold a minimum of one (1) policy committee and one (1) fiscal committee hearing (at a minimum four [4] public hearings are needed in total).
3. Once the MOU has passed all required public hearings in either the Senate or Assembly, it is recommended to the entire house for approval.  Simply put, once the Senate/Assembly conducts its minimum public hearings, the full Senate/Assembly has to vote with a two-thirds majority to pass the MOU bill.
4. Once passed by the Senate or Assembly it is sent on to the other side for their public hearings and a floor vote.
5. The two-thirds vote is required to pass the bill with an urgency clause, meaning it takes effect immediately. In addition, the appropriation of funds to enact the MOU also requires a two-thirds vote for approval.   
6. After the Senate and Assembly have voted in turn, the bill is sent to the Governor for his signature.

Membership Ratification

Our bylaws require the State Legislature to approve our new tentative MOU prior to taking it out to our members for ratification.   Once the Legislature approves the MOU bill, we start our 60 day ratification process which permits our members to individually review and vote on the new contract.  Within our constitutional 60-day ratification period our chapters will hold a minimum of two ratification meetings for the chapter membership.  At these meetings, all materials on the new MOU will be made available to members in good standing, a presentation will be provided by a member of the bargaining team, and there will be time for questions and answers.  After everyone at the meeting is satisfied and questions have been answered, voting will begin.  The voting process will also be explained by chapter officers prior to voting.  Each member in good standing receives one vote to accept or reject.  The votes are sealed and placed into a ballot box and upon completion of all voting sent to our Sacramento office for counting.

The president assembles an independent ballot counting committee made up of non- elected members of the union selected from each district.  The ballot counting committee begins counting three days after the 60 day period ends.  The results of the balloting are posted on the union's website when complete.  The entire process is open and transparent for everyone to see.  This is truly a democratic process where members are free to cast their vote in private and have their vote count. It is consistent with our grassroots policy of listening to every member.

Where Are We Today

As of this writing, we are working with an author on specific language to be submitted to the LCO for review and placement into a drafted bill.  The LAO received copies of the new tentative agreements on Friday, July 2, 2010, and has begun its ten (10) calendar day review period.  The process is underway and the clock is ticking.  On July 19, 2010, we will have an MOU briefing and ratification training session for all chapter directors and district vice presidents.  We can anticipate that our chapters will begin ratification meetings sometime in late August or early September.  Meetings will be posted on our website and distributed throughout your local chapters.  Please make every attempt to attend these important meetings and cast your vote.  Ballot counting will occur 60 plus days later.

I hope you find this information helpful and that it brings clarity to the time frames for approval and when we anticipate your opportunities to vote. As we work in Sacramento to bring our MOU bill to the Legislature, we will provide additional information.

Please feel free to contact your local chapter director should you have additional questions.

Stay proud, Stay strong and Stay Union

Bob Wolf, President