BILL NUMBER: AB 872	INTRODUCED
	BILL TEXT


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 introduced, 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 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.  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.  (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.  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 employee.
   3524.9.  (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.  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 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 
.