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 tobegin delete maintain or create a joint labor-management committee, and toend delete honor the memorandum of understanding under which each employee is covered. The bill wouldbegin delete alsoend delete
prohibit the standardization of work required within a specified period of timebegin delete, and would prohibit
employees from holding additional paid positions within state serviceend delete. 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 wouldbegin insert insteadend insert requirebegin insert,
except as specified,end insert notice ofbegin delete theend deletebegin insert anend insert adverse actionbegin insert against a state employee for a cause of disipline based on any civil service law of the stateend insert to be served and the investigation to be completed within one year after the cause for disciplinebegin insert wasend insert firstbegin delete aroseend deletebegin insert discoveredend insert in order forbegin delete anend deletebegin insert
theend insert adverse action to be valid againstbegin delete anyend deletebegin insert theend insert state employeebegin delete for any cause for discipline based on any civil service law of this stateend deletebegin insert.end insert
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Chapter 10.4 (commencing with Section 3524.1)
2is added to Division 4 of Title 1 of the Government Code, to read:
3
This chapter shall be known as the Safety
8Accountability Fairness and Efficiency Act for Public Employees
9or as the S.A.F.E. Act for Public Employees.
The Legislature hereby finds and declares that the
11responsibilities and rights of public employees under this chapter
12constitute a matter of great concern. The Legislature further finds
13and declares that the accountability and efficiency of public
14programs depends upon, among other things, a safe and fair
15working relationship between public employees and their employer.
For purposes of this chapter:
17(a) “Contractor” means any person, other than a civil service
18employee, who contracts to perform services for a state agency.
19(b) “Employee” means a civil service employee, other than an
20excluded employee, of the State of California.
21(c) “Employer” includes all state agencies, boards, and
22commissions as may be designated by law that employ civil service
23employees, with the exception of the University of California.
P3 1(d) “Professional employee” means an employee described in
2Section
3521.5.
Each employee shall have the right to a safe and healthy
4working environment. Grievances relating to this right shall be
5given a priority status.
Each employer shall maintain or create a joint-labor
7management committee.
No full time employee shall hold any additional paid
9position within state service.
(a) The employer shall honor any memorandum of
12understanding (MOU) under which each employee is covered.
13(b) The work of the employee shall not be standardized in
14relation to a given period of time, and unreasonable quotas shall
15not be imposed on an employee.
No contractor shall enjoy priority in filling permanent,
18overtime, or on call positions over public employees if the duties
19of that position can be performed more economically by thebegin insert state end insert
20employee.
(a) This section applies to an employee who is required
23to maintain a professional license to perform his or her work.
24(b) A professional employee shall not be required to perform
25work that could put his or her professional license in jeopardy.
If there are no professional management staff employed
28by the employer, a peer review committee shall be formed and
29authorized to have regular input regarding the operation of the
30workplace.
Section 19635 of the Government Code is amended
32to read:
begin deleteNo end deletebegin insert(a)end insertbegin insert end insertbegin insertExcept as provided in subdivision (b), no end insert
34adverse action shall be valid against any state employee for any
35cause for discipline based on any civil service law of this state,
36unless notice of the adverse action is served and the investigation
37is completed within one year after the cause for disciplinebegin insert is
38discoveredend insert.
39(b) Adverse action based on fraud, embezzlement, or the
40falsification of records shall be valid, if notice of the adverse action
P4 1is served within three years after the discovery of the fraud,
2embezzlement, or falsification.
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