Section 3508 Of Chapter 10. Local Public Employee Organizations From California Government Code >> Division 4. >> Title 1. >> Chapter 10.
3508
. (a) The governing body of a public agency may, in accordance
with reasonable standards, designate positions or classes of
positions which have duties consisting primarily of the enforcement
of state laws or local ordinances, and may by resolution or ordinance
adopted after a public hearing, limit or prohibit the right of
employees in these positions or classes of positions to form, join,
or participate in employee organizations where it is in the public
interest to do so. However, the governing body may not prohibit the
right of its employees who are full-time "peace officers," as that
term is defined in Chapter 4.5 (commencing with Section 830) of Title
3 of Part 2 of the Penal Code, to join or participate in employee
organizations which are composed solely of those peace officers,
which concern themselves solely and exclusively with the wages,
hours, working conditions, welfare programs, and advancement of the
academic and vocational training in furtherance of the police
profession, and which are not subordinate to any other organization.
(b) (1) This subdivision shall apply only to a county of the
seventh class.
(2) For the purposes of this section, no distinction shall be made
between a position designated as a peace officer position by Chapter
4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal
Code at the time of the enactment of the 1971 amendments to this
section, and a welfare fraud investigator or inspector position
designated as a peace officer position by any amendment to that
Chapter 4.5 at any time after the enactment of the 1971 amendments to
this section.
(3) It is the intent of this subdivision to overrule San
Bernardino County Sheriff's Etc. Assn. v. Board of Supervisors (1992)
7 Cal.App.4th 602, 611, with respect to San Bernardino County
designating a welfare fraud investigator or inspector as a peace
officer under this section.
(c) (1) This subdivision shall apply only to a county of the
seventh class and shall not become operative until it is approved by
the county board of supervisors by ordinance or resolution.
(2) For the purposes of this section, no distinction shall be made
between a position designated as a peace officer position by Chapter
4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal
Code at the time of the enactment of the 1971 amendments to this
section, and a probation corrections officer position designated as a
peace officer position by any amendment to that Chapter 4.5 at any
time after the enactment of the 1971 amendments to this section.
(3) It is the intent of this subdivision to overrule San
Bernardino County Sheriff's Etc. Assn. v. Board of Supervisors (1992)
7 Cal.App.4th 602, 611, to the extent that it holds that this
section prohibits the County of San Bernardino from designating the
classifications of Probation Corrections Officers and Supervising
Probation Corrections Officers as peace officers. Those officers
shall not be designated as peace officers for purposes of this
section unless that action is approved by the county board of
supervisors by ordinance or resolution.
(4) Upon approval by the Board of Supervisors of San Bernardino
County, this subdivision shall apply to petitions filed in May 2001
by Probation Corrections Officers and Supervising Probation
Corrections Officers.
(d) The right of employees to form, join and participate in the
activities of employee organizations shall not be restricted by a
public agency on any grounds other than those set forth in this
section.