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PERB steals the vote on county oversight measure

August 2021 employment law letter
Authors: 
Jeff Sloan and Steve Shaw, Sloan Sakai Yeung & Wong, LLP

In November 2020, the voters of Sonoma County approved Measure P, a ballot measure expanding the powers of the county's civilian oversight agency, the Independent Office of Law Enforcement Review and Outreach (IOLERO). Because the county didn't negotiate with county law enforcement unions over these issues before placing the measure on the ballot, the Public Employment Relations Board (PERB) found major portions of the reform measure "unenforceable." In short, a three-member panel of the PERB overrode the affirmative vote of the 65 percent of Sonoma County voters who favored police reform, determining the public interest in public safety accountability is subordinate to the negotiating demands of public safety unions.

This is the latest in a string of PERB decisions that have stricken voter-approved reform measures because of perceived deficiencies in the preelection bargaining process board decisions have mandated. It is a significant expansion of the usual limits of the jurisdiction claimed by neutral labor agencies.

County's appeal

On July 22, 2021, the county appealed the PERB's decision. If successful, the appeal would reinstate voided provisions of the measure that allowed the local police review agency to:

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