§ 1299.7 Amendment or modification of decision; disclosure; binding effect

Codes > California Code of Civil Procedure > Part 3 > Title 9.5 > 1299.7

§ 1299.7. Amendment or modification of decision; disclosure; binding effect

    (a) The arbitration panel shall mail or otherwise deliver a copy of the decision to the parties. However, the decision of the arbitration panel shall not be publicly disclosed, and shall not be binding, for a period of five days after service to the parties. During that five-day period, the parties may meet privately, attempt to resolve their differences and, by mutual agreement, amend or modify the decision of the arbitration panel.

    (b) At the conclusion of the five-day period, which may be extended by the parties, the arbitration panel's decision, as may be amended or modified by the parties pursuant to subdivision (a), shall be publicly disclosed and, unless the governing body acts in accordance with subdivision (c), shall be binding on all parties, and, if specified by the arbitration panel, be incorporated into and made a part of any existing memorandum of understanding as defined in Section 3505.1 of the Government Code.

    (c) The employer may by unanimous vote of all the members of the governing body reject the decision of the arbitration panel, except as specifically provided to the contrary in a city, county, or city and county charter with respect to the rejection of an arbitration award.

    VALIDITY

    This section was held unconstitutional as an improper delegation of municipal functions in the decision of County of Sonoma v. Superior Court (App. 1 Dist. 2009) 93 Cal.Rptr.3d 39, 173 Cal.App.4th 322, review denied.

    Stats.2000, c. 906 (S.B.402), which enacted this Title 9.5, consisting of Code of Civil Procedure §§ 1299 to 1299.9, was declared invalidly infringing on counties' constitutional rights, in County of Riverside v. Superior Court (2003) 132 Cal.Rptr.2d 713, 30 Cal.4th 278, 66 P.3d 718. Portions of Title 9.5 were subsequently amended by Stats.2003, c. 877 (S.B. 440). For legislative intent relating to the 2003 amending legislation, see Historical and Statutory Notes under Code of Civil Procedure § 1299.7.