§ 1299 Legislative findings, declarations, and intent

Codes > California Code of Civil Procedure > Part 3 > Title 9.5 > 1299

§ 1299. Legislative findings, declarations, and intent

    The Legislature hereby finds and declares that strikes taken by firefighters and law enforcement officers against public employers are a matter of statewide concern, are a predictable consequence of labor strife and poor morale that is often the outgrowth of substandard wages and benefits, and are not in the public interest. The Legislature further finds and declares that the dispute resolution procedures contained in this title provide the appropriate method for resolving public sector labor disputes that could otherwise lead to strikes by firefighters or law enforcement officers.

    It is the intent of the Legislature to protect the health and welfare of the public by providing impasse remedies necessary to afford public employers the opportunity to safely alleviate the effects of labor strife that would otherwise lead to strikes by firefighters and law enforcement officers. It is further the intent of the Legislature that, in order to effectuate its predominant purpose, this title be construed to apply broadly to all public employers, including, but not limited to, charter cities, counties, and cities and counties in this state.

    It is not the intent of the Legislature to alter the scope of issues subject to collective bargaining between public employers and employee organizations representing firefighters or law enforcement officers.

    The provisions of this title are intended by the Legislature to govern the resolution of impasses reached in collective bargaining between public employers and employee organizations representing firefighters and law enforcement officers over economic issues that remain in dispute over their respective interests. However, the provisions of this title are not intended by the Legislature to be used as a procedure to determine the rights of any firefighter or law enforcement officer in any grievance initiated as a result of a disciplinary action taken by any public employer. The Legislature further intends that this title shall not apply to any law enforcement policy that pertains to how law enforcement officers interact with members of the public or pertains to policecommunity relations, such as policies on the use of police powers, enforcement priorities and practices, or supervision, oversight, and accountability covering officer behavior toward members of the public, to any community-oriented policing policy or to any process employed by an employer to investigate firefighter or law enforcement officer behavior that could lead to discipline against any firefighter or law enforcement officer, nor to contravene any provision of a charter that governs an employer that is a city, county, or city and county, which provision prescribes a procedure for the imposition of any disciplinary action taken  against a firefighter or law enforcement officer.

    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.