On July 15, 2025, David E. Mastagni of Mastagni Holstedt, APC testified before the Senate Judiciary Committee in support of AB 340 (Ahrens), a vital bill sponsored by PORAC that codifies existing PERB precedent to protect confidential communications between public employees and their union representatives. This legislation closes a statutory gap, ensuring workers—from teachers and firefighters to peace officers—can discuss grievances, safety concerns, or discipline without fear of employer intrusion. It's particularly important for public safety officers, who depend on candid union advice to navigate high-stakes investigations while fulfilling their duties.
AB 340 prohibits public employers from questioning or compelling disclosure of these confidential representational communications, enforceable as an unfair labor practice through PERB. It exempts criminal investigations and aligns with the Peace Officers' Bill of Rights (Gov. Code § 3303), balancing accountability with representation rights. No evidentiary privilege is created—civil or criminal proceedings remain unaffected. This bill levels the playing field across PERB-jurisdictional employers, fostering trust and reducing litigation over coercive inquiries that chill protected activities.
During the opening statement, Mastagni emphasized the bill's role in codifying PERB precedent and addressed opposition claims, explaining that AB 340 does not hinder investigations like those under AB 218 for childhood sexual assault. He noted that schools can question witnesses about firsthand knowledge, as the bill protects only representation-related communications lacking evidentiary value.
In the Q&A session, committee members inquired about how employers would recognize confidential communications and the consequences of accidental intrusions. Mastagni explained that confidentiality is obvious in 99.9% of cases, such as when employers ask what a member told their representative during interview preparation. If an employer accidentally intrudes, the representative or member must object. PERB liability typically only arises if the employer compels disclosure after such an objection.
The video of the hearing Q&A session is available here: Watch the Testimony.
The bill passed the Judiciary Committee 10-2 and now heads to Appropriations, chaired by Senator Caballero, who voted yes in Judiciary. This momentum is reflective of the strong support from public employees and their unions for this bill.
Thank you to the Judiciary Committee for advancing AB 340 and Assembly Member Patrick Ahrens for carrying this bill on behalf of PORAC. Mr. Mastagni is grateful for the opportunity to assist PORAC and work with their legislative advocate Randy Perry in drafting and advancing this bill. To drive final enactment, contact your legislators and Governor Newsome to urge their support—California's public employees deserve this safeguard.
The video of the entire hearing is available here: Watch the Full Hearing.
