SENATE BILL REPORT
SB 5436
As of February 10, 2021
Title: An act relating to collective bargaining over the content of reports by ombuds and the selection of ombuds and their staff who oversee law enforcement personnel.
Brief Description: Concerning collective bargaining over the content of reports by ombuds and the selection of ombuds and their staff who oversee law enforcement personnel.
Sponsors: Senators Billig, Nguyen and Nobles.
Brief History:
Committee Activity: Labor, Commerce & Tribal Affairs: 2/11/21.
Brief Summary of Bill
  • Provides that matters relating to the contents of certain reports by an ombuds employed by a municipality or county and a local government's selection process of certain ombuds and staff are not mandatory subjects of bargaining.
  • Nullifies provisions of a collective bargaining agreement relating to the contents of reports by ombuds and the selection process for ombuds that are in effect on the effective date of the bill.
SENATE COMMITTEE ON LABOR, COMMERCE & TRIBAL AFFAIRS
Staff: Jarrett Sacks (786-7448)
Background:

Mandatory Subjects of Bargaining.  The Public Employees' Collective Bargaining Act (PECBA) provides for collective bargaining of wages, hours, and working conditions with employees of cities, counties, and other political subdivisions.  Police have the authority to collectively bargain under PECBA, as do the officers of the Washington State Patrol and the Department of Fish and Wildlife.

 

For the purposes of collective bargaining, there are three types of bargaining subjects—mandatory, permissive, and illegal.  Mandatory subjects of bargaining are matters over which employers and unions must bargain in good faith.  Permissive subjects of bargaining are matters over which the parties may negotiate, but each party is free to bargain or not, or to agree or not.  Illegal subjects of bargaining are matters that the parties may not agree upon because of statutory or constitutional prohibitions.  Mandatory subjects of bargaining under PECBA are grievance procedures and personnel matters including wages, hours, and working conditions.
Summary of Bill:

For the purposes of collective bargaining under PECBA, the following are not mandatory subjects of bargaining:

  • matters relating to the contents of reports by an ombuds employed by a municipality or county to be published after a discipline process is complete under a collective bargaining agreement covering law enforcement personnel;  and
  • a local government's selection process for an ombuds and their staff, if the ombuds and staff are exempt from collective bargaining, and have, as their primary duties, oversight of law enforcement personnel. 

 

The bill does not prohibit or restrict bargaining over whether, or to what extent, the reports published by an ombuds may be used in the disciplinary process for law enforcement personnel. 

 

Provisions in a collective bargaining agreement in effect on the effective date of the bill that relate to the contents of reports by ombuds and local government selection processes for ombuds covered under the bill are null and void. 

 

Law enforcement personnel means any individual employed, hired, or otherwise commissioned to enforce criminal laws by any municipal or county agency or department that has as its primary function the enforcement of criminal laws in general, rather than the implementation or enforcement of laws related to specialized subject matter areas.  Law enforcement personnel does not include prosecutors or civilians hired to do administrative work.
Appropriation: None.
Fiscal Note: Requested on February 8, 2021.
Creates Committee/Commission/Task Force that includes Legislative members: No.
Effective Date: Ninety days after adjournment of session in which bill is passed.