Cal. Codes » Government Code / TITLE 1. GENERAL / DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES / CHAPTER 10. Local Public Employee Organizations
California Codes

Cal. Government Code § 3505.1 (2026)

Local Public Employee Organizations

✓ current as of May 2026
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If a tentative agreement is reached by the authorized representatives of the public agency and a recognized employee organization or recognized employee organizations, the governing body shall vote to accept or reject the tentative agreement within 30 days of the date it is first considered at a duly noticed public meeting. A decision by the governing body to reject the tentative agreement shall not bar the filing of a charge of unfair practice for failure to meet and confer in good faith. If the governing body adopts the tentative agreement, the parties shall jointly prepare a written memorandum of understanding.

Notes of Decisions
Cited in 19 cases, 1974–2020 · leading case: Cnty. of Sonoma v. Superior Court, 173 Cal. App. 4th 322 (Cal. Ct. App. 2009).
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Cnty. of Sonoma v. Superior Court, 173 Cal. App. 4th 322 (Cal. Ct. App. 2009). · cites it 3× “(Gov. Code, § 3505.1.) The statute makes explicit, however, that the MOU “shall not be binding,” but rather must be presented to the public agency’s governing body “for determination.”
Retired Employees Ass'n of Orange Cnty., Inc. v. Cnty. of Orange, 266 P.3d 287 (Cal. 2011). “) Government Code section 3505.1 does not categorically bar such a claim.”
Bagley v. City of Manhattan Beach, 553 P.2d 1140 (Cal. 1976). · cites it 2× “) Although there is provision for a written memorandum of understanding by employee organizations and representatives of a negotiating public agency, the act expressly provides that the memorandum "shall not be binding" but shall be presented to the governing body of the agency…”
San Diego City Firefighters v. Bd. of Admin. of San Diego City Employees' Ret. Sys., 206 Cal. App. 4th 594 (Cal. Ct. App. 2012). “(Gov. Code, § 3505.1.) Therefore, we conclude that the MMBA does not apply here.”
Soc. Servs. Union v. Alameda Cnty. Training & Emp. Bd., 207 Cal. App. 3d 1458 (Cal. Ct. App. 1989). · cites it 2× “Respondent’s argument misperceives the source of the arbitrator’s authority.”
City of Los Angeles v. Superior Court, 302 P.3d 194 (Cal. 2013). “) “The MMBA imposes on local public entities a duty to meet and confer in good faith with representatives of recognized employee organizations, in order to reach binding agreements governing wages, hours, and working conditions of the agencies’ employees.”
Stationary Engineers, Local 39 v. San Juan Suburban Water Dist., 90 Cal. App. 3d 796 (Cal. Ct. App. 1979). · cites it 2× “Contrary to plaintiffs' assertion, this showed no lack of good faith since the statutory law specifically provides the "representatives" of a public agency and the employee organization shall reach an understanding "which shall not be binding.”
San Juan Teachers Ass'n v. San Juan Unified Sch. Dist., 44 Cal. App. 3d 232 (Cal. Ct. App. 1974). · cites it 2× “503 ]), but any agreement reached after meeting and conferring "shall not be binding" on the employer (Gov. Code, § 3505.1).”
San Bernardino Pub. Employees Ass'n v. City of Fontana, 79 Cal. Rptr. 2d 634 (Cal. Ct. App. 1998). “(Gov. Code, § 3505.1.) An MOU is binding on both parties for its duration.”
San Francisco Fire Fighters, Local 798, Int'l Ass'n of Fire Fighters, AFL-CIO v. City & Cnty. of San Francisco, 68 Cal. App. 3d 896 (Cal. Ct. App. 1977). “” (Gov. Code, § 3505.1; italics added.) The Act further provides: “Nothing contained herein shall be deemed to supersede the provisions of existing state law and the charters, ordinances, and rules of local public agencies which establish and regulate i merit or civil service…”
Chico Police Officers' Ass'n v. City of Chico, 232 Cal. App. 3d 635 (Cal. Ct. App. 1991). “” (Gov. Code, § 3505.1.) 7 Union membership is protected by the right of association guaranteed by the First and the Fourteenth Amendments.”
Wright v. City of Santa Clara, 213 Cal. App. 3d 1503 (Cal. Ct. App. 1989). “(Gov. Code, § 3505.1.) Chapter 10 of division 4, of title 1 of the Government Code promotes “full communication between public employers and their employees by providing a reasonable method of resolving disputes regarding wages, hours, and other terms and conditions of…”
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