BILL NUMBER: AB 1655	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Dickinson

                        FEBRUARY 13, 2012

   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 1655, as introduced, Dickinson. Public employees: rights.
   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 Public Employees' Bill of Rights Act
that would apply to state employees other than excluded employees.
The stated purpose of this act would be to inform public employees of
their rights and terms of employment in order to promote harmonious
personnel relations between public employees and their employers.
This bill would, among other things, provide that state employees
shall be entitled to priority over excluded employees or contractors
in filling permanent, overtime, and on-call positions. This bill
would also authorize the formation of peer review committees for
professional staff to provide input regarding workplace operations.
   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 require notice of the adverse action to be served
and the investigation to be completed within one year after the cause
for discipline first arose in order for an adverse action to be
valid against any 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.  PUBLIC EMPLOYEES' BILL OF RIGHTS ACT


   3524.1.  This chapter shall be known as the Public Employees' Bill
of Rights Act.
   3524.2.  The Legislature hereby finds and declares that the rights
and protections provided to public employees under this chapter
constitute a matter of important concern. The Legislature further
finds and declares that the efficient and effective administration of
public programs depends upon the maintenance of high morale and the
objective consideration of issues between public employees and their
employer.
   3524.3.  The purpose of this chapter is to inform public employees
of their rights and terms of employment, and to inspire dedicated
service and promote harmonious personnel relations between public
employees and their employer.
   3524.4.  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) "Excluded employee" means any of those employees described in
subdivision (b) of Section 3527.
   (e) "Professional employee" means an employee described in Section
3521.5.
   3524.5.  (a) The employer shall provide to each employee at the
onset of his or her employment and at reasonable intervals, a
current, detailed, and accurate job description, including a complete
description of the scope of his or her duties, salary, and benefits
information.
   (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.
   (c) The employer shall not unreasonably prevent the employee from
using his or her daily rest and lunch periods as well as his or her
annual, vacation, sick, or other earned leaves. An employee shall be
paid a salary proportionate to the time base he or she is scheduled
to work.
   (d) An employee shall not be compelled to perform extra work,
including work caused by vacancies, furloughs, or layoffs, without
fair compensation.
   (e) An employee shall enjoy priority in filling permanent,
overtime, and on-call positions over excluded employees and
contractors.
   3524.6.  Each employee shall have the right to a safe and healthy
working environment. Grievances relating to this right shall be given
a priority status.
   3524.7.  (a) Neither the employer, nor any of its excluded
employees or contractors, shall unlawfully discriminate against an
employee on the basis of age, sex, race, religion, creed, color,
national origin, ancestry, marital status, physical handicap, or
sexual orientation.
   (b) There shall be no reprisals for any employee actions involving
exercise of rights under this section, in addition to the
protections afforded in the Ralph C. Dills Act (Chapter 10.3
(commencing with Section 3512)) and the California Whistleblower
Protection Act (Chapter 6.5 (commencing with Section 8547) of
Division 1 of Title 2). Employees shall be provided with a
confidential hotline to report waste, abuse of authority, and
violation of law or threat to public safety.
   (c) An employee shall have the right to sue the employer for
damages for violations of the Americans with Disabilities Act, the
federal Age Discrimination in Employment Act, the federal Family and
Medical Leave Act, the California Family Rights Act, and the federal
Fair Labor Standards Act.
   3524.8.  (a) An employee is entitled to be fairly and
progressively disciplined for any deficient or inappropriate behavior
or job performance. The employer shall ensure that preventive and
corrective actions are taken before any adverse action is
administered in accordance with the current "Guide to Employee
Conduct and Discipline," or any successor publication, distributed by
the Department of Personnel Administration.
   (b) Employers shall adhere to strict due process and periodic
written notice procedures while investigating employees. Those
investigations shall not ordinarily exceed the timeframe contained in
the original notice.
   3524.9.  The employer shall honor the memorandum of understanding
(MOU) under which each employee is covered. The employee is entitled
to receive timely responses from the employer in all areas covered by
the MOU, especially in response to complaints and grievances. Any
grievance filed by an employee shall be considered to have been
resolved in favor of the employee if any of the contractual timelines
are violated by the employer.
   3524.10.  (a) This section shall apply to an employee who is
required to maintain a professional license to perform his or her
work.
   (b) An employee's professional judgment related to his or her work
and work product shall not be interfered with and shall not be
infringed upon by nonprofessional or unlicensed employees or
supervisors. An employee shall not be required to perform work that
could put his or her professional license in jeopardy.
   (c) Performance and merit evaluations shall include significant
input from a management or supervisory peer who has the same or a
higher professional status or license, as applicable, as that held by
the employee.
   (d) If there are no professional staff employed by the employer, a
peer review committee shall be formed and authorized to have regular
input regarding the operation of the workplace.
   (e) Professional staff and the respective bylaws of the
professional staff shall be recognized by the employer. Professional
staff shall have regular input regarding the operation of the
workplace.
   (f) Professional employees named in lawsuits as codefendants along
with the employer and the state shall have the right to
representation. These employees shall enjoy all the same rights
afforded to all legal clients, including the right to be informed of
a settlement by the state. If there is a conflict of interest between
the employee and the state as codefendants, the state shall provide
independent counsel for the employee.
  SEC. 2.  Section 19635 of the Government Code is amended to read:
   19635.  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 
within three years   and the investigation is completed
within one year  after the cause for discipline, upon which the
notice is based, first arose.  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.