§ 1299.9 Application to cities and counties with arbitration procedures; costs

§ 1299.9. Application to cities and counties with arbitration procedures; costs

    (a) The provisions of this title shall not apply to any employer that is a city, county, or city and county, governed by a charter that was amended prior to January 1, 2004, to incorporate a procedure requiring the submission of all unresolved disputes relating to wages, hours, and other terms and conditions of employment within the scope of arbitration to an impartial and experienced neutral person or panel for final and binding determination, provided however that the charter amendment is not subsequently repealed or amended in a form that would no longer require the submission of all unresolved disputes relating to wages, hours, and other terms and conditions of employment within the scope of arbitration to an impartial and experienced neutral person or panel, for final and binding determination.

    (b) Unless otherwise agreed to by the parties, the costs of the arbitration proceeding and the expenses of the arbitration panel, except those of the employer representative, shall be borne by the employee organization.

    VALIDITY

    Stats.2000, c. 906 (S.B.402), which enacted this Title 9.5, consisting of Code of Civil Procedure §§ 1299 to 1299.9, was
declared invalidly infringing on counties' constitutional rights, in County of Riverside v. Superior Court (2003) 132 Cal.Rptr.2d 713, 30 Cal.4th 278, 66 P.3d 718. Portions of Title 9.5 were subsequently amended by Stats.2003, c. 877 (S.B. 440). For legislative intent relating to the 2003 amending legislation, see Historical and Statutory Notes under Code of Civil Procedure § 1299.7.