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SB 931 – EERA Legal Advisor Prohibition

During the 2011/2012 session, an amendment to the Educational Employment Relations Act has been under consideration. If passed, Senate Bill 931 would prohibit public agencies from using public funds to pay external consultants or legal advisors to counsel the employer on how to minimize or deter the exercise of rights under the EERA.

Opponents speculate that S.B. 931 would create an unlawful impediment to public agencies’ right to seek legal counsel. Opponents also argue that its wording is too vague and its application would invade the attorney-client privilege.

On August 22, 2011, S.B. 931 was ordered to the inactive file at the request of Assembly Member Charles Calderon.  The “inactive file” status makes it very unlikely that S.B. 931 would become law during this session.

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