§ 1299.3 Definitions

Codes > California Code of Civil Procedure > Part 3 > Title 9.5 > 1299.3

§ 1299.3. Definitions

    As used in this title:

    (a) “Employee” means any firefighter or law enforcement officer represented by an employee organization, as defined in subdivision (b).

    (b) “Employee organization” means any organization recognized by the employer for the purpose of representing firefighters or law enforcement officers in matters relating to wages, hours, and other terms and conditions of employment within the scope of arbitration.

    (c) “Employer” means any local agency employing employees, as defined in subdivision (a), or any entity, except the State of California, acting as an agent of any local agency, either directly or indirectly.

    (d) “Firefighter” means any person who is employed to perform firefighting, fire prevention, fire training, hazardous materials response, emergency medical services, fire or arson investigation, or any related duties, without respect to the rank, job title, or job assignment of that person.

    (e) “Law enforcement officer” means any person who is a peace officer, as defined in Section 830.1 of, subdivisions

    (b) and (d) of

    Section 830.31 of, subdivisions (a), (b), and (c) of Section 830.32 of, subdivisions (a), (b), and (d) of Section 830.33 of,subdivisions (a) and (b) of Section 830.35 of, subdivision (a) of Section 830.5 of, and subdivision (a) of Section 830.55 of, the Penal Code, without respect to the rank, job title, or job assignment of that person.

    (f) “Local agency” means any governmental subdivision, district, public and quasi-public corporation, joint powers agency, public agency or public service corporation, town, city, county, city and county, or municipal corporation, whether incorporated or not or whether chartered or not.

    (g) “Scope of arbitration” means economic issues, including salaries, wages and overtime pay, health and pension benefits, vacation and other leave, reimbursements, incentives, differentials, and all other forms of remuneration. The scope of arbitration shall not include any issue that is protected by what is commonly referred to as the “management rights” clause contained in Section 3504 of the Government Code. Notwithstanding the foregoing, any employer that is not exempt under Section 1299.9 may supersede this subdivision by adoption of an ordinance that establishes a broader definition of “scope of arbitration.”

    VALIDITY

    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.