Bill Text: CA AB872 | 2013-2014 | Regular Session | Amended
Bill Title: Public employees: rights.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB872 Detail]
Download: California-2013-AB872-Amended.html
BILL NUMBER: AB 872 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 8, 2013
INTRODUCED BY Assembly Member Dickinson
FEBRUARY 22, 2013
An act to amend Section 19635 of, and to add Chapter 10.4
(commencing with Section 3524.1) to Division 4 of Title 1 of, the
Government Code, relating to public employees.
LEGISLATIVE COUNSEL'S DIGEST
AB 872, as amended, Dickinson. Public employees: rights.
Existing law, the Dills Act, includes various provisions governing
state employer-employee relations. In addition, the existing Bill of
Rights for State Excluded Employees prescribes various rights and
terms and conditions of employment for excluded employees, defined as
certain supervisory, managerial, and confidential state employees.
This bill would enact the Safety Accountability Fairness and
Efficiency Act for Public Employees (the S.A.F.E. Act for Public
Employees) that would apply to state employees. This bill would,
among other things, require each employer to maintain or
create a joint labor-management committee, and to honor the
memorandum of understanding under which each employee is covered.
The bill would also prohibit the standardization
of work required within a specified period of time , and
would prohibit employees from holding additional paid positions
within state service . This bill would also require the
formation of peer review committees for professional staff to provide
input regarding workplace operations, as specified.
Existing law requires notice of any adverse action against any
state employee for any cause for discipline based on any civil
service law to be served within 3 years after the cause for
discipline, upon which the notice is based, first arose. Existing law
provides that an adverse action based on fraud, embezzlement, or the
falsification of records is valid if notice of the adverse action is
served within 3 years after the discovery of the fraud,
embezzlement, or falsification.
This bill would instead require , except
as specified, notice of the an
adverse action against a state employee for a cause of disipline
based on any civil service law of the state to be served and
the investigation to be completed within one year after the cause for
discipline was first arose
discovered in order for an the
adverse action to be valid against any the
state employee for any cause for discipline based on
any civil service law of this state .
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 10.4 (commencing with Section 3524.1) is added
to Division 4 of Title 1 of the Government Code, to read:
CHAPTER 10.4. THE SAFETY ACCOUNTABILITY FAIRNESS AND
EFFICIENCY ACT FOR PUBLIC EMPLOYEES
3524.1. This chapter shall be known as the Safety Accountability
Fairness and Efficiency Act for Public Employees or as the S.A.F.E.
Act for Public Employees.
3524.2. The Legislature hereby finds and declares that the
responsibilities and rights of public employees under this chapter
constitute a matter of great concern. The Legislature further finds
and declares that the accountability and efficiency of public
programs depends upon, among other things, a safe and fair working
relationship between public employees and their employer.
3524.3. For purposes of this chapter:
(a) "Contractor" means any person, other than a civil service
employee, who contracts to perform services for a state agency.
(b) "Employee" means a civil service employee, other than an
excluded employee, of the State of California.
(c) "Employer" includes all state agencies, boards, and
commissions as may be designated by law that employ civil service
employees, with the exception of the University of California.
(d) "Professional employee" means an employee described in Section
3521.5.
3524.4. Each employee shall have the right to a safe and healthy
working environment. Grievances relating to this right shall be given
a priority status.
3524.5. Each employer shall maintain or create a joint-labor
management committee.
3524.6. No full time employee shall hold any additional paid
position within state service.
3524.7. 3524.5. (a) The employer
shall honor any memorandum of understanding (MOU) under which each
employee is covered.
(b) The work of the employee shall not be standardized in relation
to a given period of time, and unreasonable quotas shall not be
imposed on an employee.
3524.8. 3524.6. No contractor shall
enjoy priority in filling permanent, overtime, or on call positions
over public employees if the duties of that position can be performed
more economically by the state employee.
3524.9. 3524.7. (a) This section
applies to an employee who is required to maintain a professional
license to perform his or her work.
(b) A professional employee shall not be required to perform work
that could put his or her professional license in jeopardy.
3524.10. 3524.8. If there are no
professional management staff employed by the employer, a peer review
committee shall be formed and authorized to have regular input
regarding the operation of the workplace.
SEC. 2. Section 19635 of the Government Code is amended to read:
19635. No (a)
Except as provided in subdivision (b), no adverse action shall
be valid against any state employee for any cause for discipline
based on any civil service law of this state, unless notice of the
adverse action is served and the investigation is completed within
one year after the cause for discipline is discovered .
(b) Adverse action based on fraud, embezzlement, or the
falsification of records shall be valid, if notice of the adverse
action is served within three years after the discovery of the fraud,
embezzlement, or falsification.
