RCRC, as part of a large coalition, strongly opposes Assembly 339, authored by Assembly Member Liz Ortega. This measure would require the governing body of a local public agency (non-school) to provide written notice to the employee organization no less than 120 days prior to issuing a request for proposals, request for quotes, or renewing or extending an existing contract to perform services that are within the scope of work of the job classifications represented by the recognized employee organization.
Among the primary objections, this measure would:
- Be Impractical to Execute
The requirement to provide extensive notice for nearly every contract could lead to delays and inefficiencies, hindering the ability of local agencies to respond promptly to service needs.
- Expand Requirements Beyond the Scope of MMBA
Under the Meyers-Milias Brown Act (MMBA), in situations where contracting out is permissible, local agencies are already required to “meet and confer in good faith” with affected bargaining units. AB 339 imposes additional burdens with no discernible benefit, potentially disrupting established practices and agreements.
- Undermine Existing Emergency Contracting Authority
AB 339 lacks clear definitions for emergency or exigent circumstances, which undermines existing emergency contracting authority. This could impede local agencies’ ability to act swiftly in natural disasters, public health emergencies, or other crises, compromising community safety and well-being.
- Be a Catalyst for Unstable Labor Relations and Perpetual Negotiations
This measure allows for indefinite reopening of negotiations, which could deter the parties from finalizing agreements. This lack of closure could lead to prolonged labor disputes and instability, affecting the delivery of public services.
- Destabilize Community Partnerships
AB 339 deters local agencies from collaborating with community organizations that provide critical services. These organizations, already facing financial uncertainties, could be further destabilized by the measure’s requirements.
Further, sponsors of the measure continue to spread false claims about public disclosure of documents related to Requests for Proposals (RFP) and Requests for Quotes (RFQ), contract extensions and contract renewals. RFPs and RFQs are public by nature and subject to competitive bidding processes and regulations, which contracts are almost always disclosable under the Public Records Act. Remedies already exist to address non-compliance.
Like previous unsuccessful proposals that have sought to undermine local agencies’ ability to contract for public services, AB 339 represents a sweeping change to the fundamental work of local governments, without the basis of a specific, current, and widespread problem that this measure would resolve or prevent.
Read RCRC’s coalition letter of opposition here.
RCRC requests that counties send letters of opposition, or contact RCRC to join the coalition!
A template letter is available here.
Counties are highly encouraged to submit the letter through the legislative portal (see here). If you need assistance, or for more information, contact RCRC Policy Advocate Sarah Dukett.