In a decision carrying substantial weight for California public safety employers, the New York Public Employment Relations Board has ruled that municipalities violated their duty to bargain when they refused to negotiate procedures providing officers with advance notice of records requests and a meaningful opportunity to review and object prior to disclosure. In the Matter of Albany Police Supervisors’ Association, Inc. v. City of Albany, 58 PERB ¶ 3037 (2025). Although arising under New York’s Freedom of Information Law following the repeal of Civil Rights Law § 50-a, the holding offers persuasive authority regarding the parallel obligations imposed on California agencies by Penal Code section 832.7, as significantly expanded by Senate Bill 1421 and Senate Bill 16.
The New York unions demanded bargaining over the impact of the legislative changes. They proposed specific procedures requiring notification to affected officers upon receipt of a request, provision of copies of the records intended for release, and an opportunity to submit objections before any disclosure. When the municipalities declined to bargain, claiming the subject was non-negotiable and that negotiations would impair statutory response deadlines, the unions filed improper practice charges. The New York PERB affirmed the finding of a violation in full.
The Board held that while the decision to comply with disclosure mandates is not subject to bargaining, the implementation of those mandates, including pre-disclosure notification and review mechanisms, constitutes a mandatory subject of negotiation. It rejected claims of preemption, finding no clear legislative intent to exclude the issue from collective bargaining. The Board further noted the absence of evidence that such procedures would prevent timely compliance, and it recognized the direct and significant impact of record disclosure on officers’ reputations, safety, and employment prospects. These effects, the Board concluded, trigger the obligation to bargain over reasonable protective measures.
This analysis likely applies equally to California’s public employee labor relations statutes, such as the Meyers-Milias-Brown Act. Public employers in this state are required to meet and confer in good faith regarding the effects of non-negotiable statutory mandates that materially affect terms and conditions of employment. The discretionary decisions inherent in implementing SB 1421 and SB 16 disclosures, particularly those involving timing, redactions, and officer notification, plainly fall within this duty. Advance notice and an opportunity to be heard enable officers to address potential inaccuracies or propose appropriate redactions, thereby mitigating adverse impacts without compromising statutory transparency requirements.
Consequently, California public safety labor organizations should promptly demand to bargain over pre-disclosure procedures whenever agencies adopt or revise protocols for handling SB 1421 and SB 16 requests. Where employers refuse such demands, the refusal may constitute an unfair labor practice. The memorandum of understanding can set forth negotiated protections for represented officers, ensuring they receive timely notice and a genuine opportunity to be heard before sensitive records are released to the public.
