RCRC, in coalition with our public agency partners, strongly opposes Assembly Bill 340, authored by Assemblymember Patrick Ahrens (D-Cupertino). This measure seeks to broadly expand confidential communication protections by barring a public employer from questioning an employee under investigation about conversations with an employee representative, granting near-equal footing to communicating with an attorney.
Specifically, AB 340 interferes with the ability to interview witnesses because it would prohibit public agencies from questioning any employee or about communications made in confidence between an employee and a “representative of a recognized employee organization, or an exclusive representative” in connection with representation relating to any matter within the scope of representation.
In order to conduct proper investigations that uphold the public’s trust, protect against the misuse of public funds, and ensure the safety and well-being of both public employees and the public at large, it is critical that a public employer has the ability to interview all individuals with relevant information to ascertain the facts and understand the matter fully.
In addition, the bill would limit the ability of public employers to carry out the requirements of recently enacted law, Senate Bill 553 (Cortese, 2023), which includes conducting investigations into workplace safety, harassment, and other allegations.
AB 340 would increase investigation and litigation costs for the state as well as local governments and schools by creating incomplete investigations, since all appropriate employees with relevant information cannot be questioned. Costs and risks may also increase as conduct challenged as unlawful under the bill’s provisions is adjudicated before the Public Employment Relations Board (PERB).
Similar legislation has been unsuccessful in the past, with Former Governor Jerry Brown writing in 2013 veto message that “I don’t believe it is appropriate to put communications with a union agent on equal footing with communications with one’s spouse, priest, physician or attorney. Moreover, this bill could compromise the ability of employers to conduct investigations into workplace safety, harassment and other allegations.”
This bill goes far beyond codifying a Public Employment Relations Board (PERB) decision as the author claims and will drive up costs for counties and other public agencies. Granting confidential communication protections to interactions with an employee representative, akin to the protections of communicating with an attorney or physician, is completely unprecedented.
AB 340 passed the Assembly and will be heard by the Senate Appropriations Committee. RCRC’s most recent letter with our coalition partners can be found here.
For additional information, contact RCRC Senior Policy Advocate Sarah Dukett.