BILL ANALYSIS �
AB 872
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Date of Hearing: April 24, 2013
ASSEMBLY COMMITTEE ON PUBLIC EMPLOYEES, RETIREMENT AND SOCIAL
SECURITY
Rob Bonta, Chair
AB 872 (Dickinson) - As Amended: April 8, 2013
SUBJECT : Public employee: rights.
SUMMARY : Enacts the Safety Accountability Fairness and
Efficiency Act for Public Employees (S.A.F.E. Act for Public
Employees) which provides various rights and protections to
non-excluded state civil service employees, as specified, and
requires that any adverse action taken against a state employee
be initiated and the investigation completed within one year of
discovery of the cause for discipline. Specifically, this bill :
1)Enacts the S.A.F.E. Act for Public Employees for the purpose
of ensuring a safe and fair working relationship between
public employees and their employer.
2)Defines "employee" as a state civil service employee that is
not an excluded employee.
3)Specifies that employees have a right to a safe and healthy
working environment and that grievances relating to this right
will have priority.
4)Requires the employer to honor the memorandum of understanding
covering the employee.
5)Prohibits an employee's work from being standardized, as
specified, and from unreasonable quotas being imposed on the
employee.
6)Prohibits a contractor from having priority in filling
permanent, overtime, or on call positions if the duties of
that job can be performed more economically by the civil
service employee.
7)Prohibits an employer from requiring a professional employee
to perform work that could jeopardize his or her license.
8)Requires formation of a peer review committee to provide
AB 872
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regular input regarding operation of the workplace when there
is no professional management staff employed by the employer.
9)Requires that any adverse action, except in cases involving
fraud, embezzlement, or the falsification of records, taken
against a state employee be initiated and the investigation
completed within one year after discovery of the cause for
discipline.
EXISTING LAW : Authorizes an appointing power to take adverse
action against a state employee for specified causes, and
establishes administrative procedures for review of an adverse
action by the State Personnel Board. An adverse action against
a state employee is required to commence within three years of
the cause for discipline, or in the case of fraud, embezzlement,
or falsification, within three years after the discovery of the
activity.
FISCAL EFFECT : Unknown.
COMMENTS : According to the author, "This bill enacts the
S.A.F.E. Act for Public Employees which makes various
declarations and improvements regarding the rights and
responsibilities of state employees. The bill disallows
standardization of work relative to a given period of time. The
bill ensures contracting-out does not happen if/when a state
employee can do the job more economically. The bill ensures
professional employees are not put in professional jeopardy.
The bill requires the state to more efficiently process claims
of adverse action."
Supporters state, "Many state employees have expressed
frustration with the unnecessarily long adverse action process.
Currently, the state has 3-years to investigate and serve on the
employee an adverse action based upon the employee's actions."
"Adverse actions are necessary and should be encouraged in cases
where employees are thought to have acted in ways inconsistent
with the privilege of working for the public. Unfortunately,
the 3-year time line has had relatively significant negative
effects on the adverse action process."
REGISTERED SUPPORT / OPPOSITION :
Support
AB 872
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American Federation of State, County, and Municipal Employees
(Co-Sponsor)
Service Employees International Union, Local 1000 (Co-Sponsor)
Union of American Physicians and Dentists (Co-Sponsor)
Association of California State Supervisors
Professional Engineers in California Government
Opposition
None on file
Analysis Prepared by : Karon Green / P.E., R. & S.S. / (916)
319-3957