BILL NUMBER: SB 2140	CHAPTERED  09/30/00

	CHAPTER   1010
	FILED WITH SECRETARY OF STATE   SEPTEMBER 30, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 29, 2000
	PASSED THE SENATE   AUGUST 30, 2000
	PASSED THE ASSEMBLY   AUGUST 28, 2000
	AMENDED IN ASSEMBLY   AUGUST 25, 2000
	AMENDED IN ASSEMBLY   JUNE 22, 2000
	AMENDED IN SENATE   APRIL 5, 2000

INTRODUCED BY   Senator Burton
   (Principal coauthors: Assembly Members Hertzberg and Villaraigosa)


                        FEBRUARY 25, 2000

   An act to amend Sections 3501.5, 20028, 20474, 20570, 20815,
22754, and 70218 of, and to add Sections 20069.1, 20460.1, 20469.1,
20471.1, and 68656 to, to add Chapter 7 (commencing with Section
71600) to Title 8 of, to repeal Section 3501.6 of, and to repeal
Chapter 2.1 (commencing with Section 68650) of Title 8 of, the
Government Code, relating to courts, and making an appropriation
therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 2140, Burton.  Trial court employees.
   Existing law governs the trial court employee personnel system.
   This bill would establish a new trial court employee personnel
system, as specified, governing, among other things, the authority to
hire trial court personnel, and to regulate their classification and
compensation, labor relations, personnel selections and advancement,
employment protection, retirement, and personnel files.  The bill
would also require the California Law Revision Commission to
recommend to the Legislature on or before January 1, 2002, amendments
to the codes to remove related, obsolete provisions.  The bill would
impose a state-mandated local program by requiring new duties of
trial courts.  It also would make an appropriation by providing for
additional eligibility for membership in the Public Employees'
Retirement System, thus increasing employer and employee
contributions to the Public Employees' Retirement Fund, a
continuously appropriated special fund.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Appropriation:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 3501.5 of the Government Code is amended to
read:
   3501.5.  As used in this chapter, "public agency" does not mean a
superior court or municipal court.
  SEC. 2.  Section 3501.6 of the Government Code is repealed.
  SEC. 3.  Section 20028 of the Government Code is amended to read:
   20028.  "Employee" means:
   (a) Any person in the employ of the state (etc, as in stats), a
county superintendent of schools, or the university whose
compensation, or at least that portion of his or her compensation
that is provided by the state, a county superintendent of schools, or
the university, is paid out of funds directly controlled by the
state, a county superintendent of schools, or the university,
excluding all other political subdivisions, municipal, public and
quasi-public corporations.  "Funds directly controlled by the state"
includes funds deposited in and disbursed from the State Treasury in
payment of compensation, regardless of their source.
   (b) Any person in the employ of any contracting agency.
   (c) City employees who prior to the effective date of the contract
with the hospital are assigned to a hospital that became a
contracting agency because of subdivision (p) of Section 20057 shall
be deemed hospital employees from and after the effective date of the
contract with the hospital for retirement purposes.  City employees
who after the effective date of the contract with the hospital become
employed by the hospital, shall be considered as new employees of
the hospital for retirement purposes.
   (d) Any person in the employ of a school employer.
   (e) Public health department or district employees who were
employees prior to the date of assumption of the contract by the
governing body of a county of the 15th class shall be deemed public
health department or district employees from and after the effective
date of assumption of the contract for retirement purposes.
Employees who after the effective date of assumption of the contract
become employed by the public health department or district shall be
considered as new employees for retirement purposes.
  SEC. 4.  Section 20069.1 is added to the Government Code, to read:

   20069.1.  "Trial court" shall have the same meaning as the term is
defined in the Trial Court Employment Protection and Governance Act
(Chapter 7 (commencing with Section 71600) of Title 8).
  SEC. 5.  Section 20460.1 is added to the Government Code, to read:

   20460.1.  (a) For all counties that contract with the board for
the provision of retirement benefits for their eligible employees as
of the implementation date of the Trial Court Employment Protection
and Governance Act (Chapter 7 (commencing with Section 71600) of
Title 8), a trial court and a county in which the trial court is
located shall jointly participate in this system by joint contract.
All other counties and trial courts may elect such joint
participation in accordance with the procedures set forth in this
chapter.  Except as provided in subdivision (b) and except as
otherwise provided in this part, the trial court and the county
jointly participating in this system shall each have all of the
rights and all of the obligations of a contracting agency under the
contract and under this part.
   (b) A county shall not be responsible for the employer or employee
contributions required to be paid on behalf of trial court
employees.  A trial court shall not be responsible for the employer
or employee contributions required to be paid on behalf of county
employees.
   (c) As used in this chapter, "joint contract" means a contract
with the board as set forth in subdivision (a).
  SEC. 6.  Section 20469.1 is added to the Government Code, to read:

   20469.1.  (a) Notwithstanding 20469, if after receiving the
approximate contribution quotation the governing body of a county and
the presiding officer of a trial court located in the same county
intend to approve a proposed joint contract, both shall adopt a
resolution giving notice of that intention.  Each resolution shall
contain a summary of the major provisions of the proposed retirement
plan.  The contract shall not be approved unless an election has been
held to permit the employees proposed to be included in this system
to express by secret ballot their approval or disapproval of the
retirement proposal.  Prior to the election the county governing body
and the trial court presiding officer shall be furnished with a
schedule of rates of contribution of members, which shall be made
available by the governing body and the presiding officer to each
employee proposed to be included in this system.  The ballot at the
election shall include the summary of the retirement plan as set
forth in the resolution.  The election shall be conducted in the
manner prescribed by the governing body and the presiding officer
which shall be such as to permit the firefighters, the police
officers, the county peace officers, and the other employees proposed
to be included in this system to express separately their approval
or disapproval.
   (b) For all counties that participate in this system by contract
with the board as of the implementation date of the Trial Court
Employment Protection and Governance Act (Chapter 7 (commencing with
Section 71600) of Title 8), the trial court located in the county
shall be deemed to elect to participate in this system jointly with
the county pursuant to the terms and conditions of the county's
contract with the board.  The county's contract shall be amended to
add the trial court as a contracting party.  The amended contract
shall be deemed adopted by the county.  This amendment shall
establish a joint contract.
  SEC. 7.  Section 20471.1 is added to the Government Code, to read:

   20471.1.  Notwithstanding Section 20471, and except as provided in
subdivision (b) of Section 20469.1, approval of a proposed joint
contract by a trial court and county shall be by ordinances or
resolutions adopted by both the affirmative vote of a majority of the
members of the governing body of a county and the presiding officer
of the trial court, not less than 20 days after the latest adoption
of the notices of intention.  The resolution of the presiding officer
of the trial court and the resolution or ordinance of the governing
body of the county which approve the joint contract must be adopted
within 30 days of each other.
  SEC. 8.  Section 20474 of the Government Code is amended to read:
   20474.  Whenever by any provision of law an election is given to
contracting agencies to subject themselves and their employees to
provisions of this part otherwise not applicable to contracting
agencies and their employees, and no other means of making the
election is expressly provided, any contracting agency may make the
election by amendment to its contract with the board approved in the
manner provided for the approval of the contracts including an
election among the employees affected unless the amendment only adds
benefits without affecting members' contributions, in which case the
election among the employees is not required.  An amendment to a
joint contract that has been approved by the governing body of the
county shall be deemed approved by the presiding officer of the trial
court located within the county.  The amendment shall specify the
date upon which the agency and its employees shall become subject to
the provisions.  That date shall not be earlier than the first day
following the approval of the contract pursuant to Section 20471,
except that if the rate of the employer's contributions changes, the
effective date shall not be earlier than the first day of the pay
period following the approval.  Any election made by amendment to the
contract shall be irrevocable until the contract is terminated.
However, benefits provided by the amendment may be increased or
improved from time to time by further amendment to the contract.
From and after the date specified in the amendment to the contract
the provisions, as they are in effect at the time of election and as
they may be amended in the future, shall apply to the contracting
agency and to its employees, and the rights, privileges, duties,
liabilities, and responsibilities of the contracting agency and of
each of its employees included in this system shall be governed
thereby.
  SEC. 9.  Section 20570 of the Government Code is amended to read:
   20570.  (a) If the contract has been in effect for at least five
years and was approved by an ordinance or resolution adopted by the
governing body of the contracting agency, the governing body may
terminate it by the adoption of a resolution giving notice of
intention to terminate, and by the adoption, not less than one year
thereafter by the affirmative vote of two-thirds of the members of
the governing body, of an ordinance or resolution terminating the
contract.  Termination shall be effective with board approval on the
date designated in the ordinance or resolution terminating the
contract.
   (b) If the contract is a joint contract and the joint contract has
been in effect for at least five years, the contract may be
terminated by the adoption of trial court and county resolutions
giving notice of intention to terminate, and by the adoption, not
less than one year thereafter by the affirmative vote of two-thirds
of the members of the governing body of the county, and by the
presiding officer of the trial court, of an ordinance or resolution
terminating the contract.  Termination shall be effective with board
approval on the date designated in the ordinance terminating the
contract.
  SEC. 10.  Section 20815 of the Government Code is amended to read:

   20815.  (a) Notwithstanding any other provision of this part,
including, but not limited to, Sections 20225 and 20790, the board
shall not combine the assets and liabilities of public agency
employers into a single account for the purpose of setting a uniform
rate of employer contributions for all public agency employers.  The
rate at which a public employer's contribution to this system shall
be fixed shall be based upon its own experience.  Provisions of law
that provide authority for this system to combine the assets and
liabilities of public employers into a single account for purposes of
establishing a uniform rate are superseded to the extent that they
provide that authority.  For purposes of this section only,
references to public employers shall not be construed to include
school employers.
   (b) Notwithstanding subdivision (a), the assets and liabilities of
a county and a trial court jointly contracting with the board under
Section 20460.1 shall be combined for purposes of setting the
employer contribution rate for both the county and the trial court.

  SEC. 11.  Section 22754 of the Government Code is amended to read:

   22754.  As used in this part the following definitions, unless the
context otherwise requires, shall govern the interpretation of
terms:
   (a) "Board" means the Board of Administration of the Public
Employees' Retirement System.
   (b) "Employee" means:
   (1) Any officer or employee of the State of California or of any
agency, department, authority, or instrumentality of the state
including the University of California, or any officer or employee
who is a local or school member of the Public Employees' Retirement
System employed by a contracting agency that has elected to be or
otherwise has become subject to this part, or who is a member or
retirant of the State Teachers' Retirement System employed by an
employer who has elected to become subject to this part, or who is an
employee or annuitant of a special district or county subject to the
County Employees Retirement Law of 1937 (Chapter 3 (commencing with
Section 31450) of Part 3 of Division 4 of Title 3) that has elected
to become subject to this part, or who is an employee or annuitant of
a special district, as defined in subdivision (i), that has elected
to become subject to this part, except persons employed on an
intermittent, irregular or less than half-time basis, or employees
similarly situated, or employees in respect to whom contributions by
the state for any type of plan or program offering prepaid hospital
and medical care are otherwise authorized by law.
   (2) Any officer or employee who participates in the retirement
system of a contracting agency as defined in paragraph (2) of
subdivision (g) that has elected to become subject to this part,
except persons employed less than half time or who are otherwise
determined to be ineligible.
   (3) Any annuitant of the Public Employees' Retirement System
employed by a contracting agency as defined in subdivision (g) that
has elected to become subject to this part who is a person retired
under Section 21228.
   (c) "Carrier" means a private insurance company holding a valid
outstanding certificate of authority from the Insurance Commissioner
of the state, a medical society or other medical group, a nonprofit
hospital service plan qualifying under Chapter 11A (commencing with
Section 11491) of Part 2 of Division 2 of the Insurance Code, or
nonprofit membership corporation lawfully operating under Section
9200 or Section 9201 of the Corporations Code, or a health care
service plan as defined under subdivision (f) of Section 1345 of the
Health and Safety Code, or a health maintenance organization approved
under Title XIII of the federal Public Health Services Act, that is
lawfully engaged in providing, arranging, paying for, or reimbursing
the cost of personal health services under insurance policies or
contracts, medical and hospital service agreements, membership
contracts, or the like, in consideration of premiums or other
periodic charges payable to it.
   (d) "Health benefits plan" means any program or entity that
provides, arranges, pays for, or reimburses the cost of health
benefits.
   (e) "Annuitant" means:
   (1) Any person who has retired within 120 days of separation from
employment and who receives any retirement allowance under any state
or University of California retirement system to which the state was
a contributing party.
   (2) A family member receiving an allowance as the survivor of an
annuitant who has retired as provided in paragraph (1), or as the
survivor of a deceased employee under Section 21541, 21546, or 21547
or similar provisions of any other state retirement system.
   (3) Any employee who has retired under the retirement system
provided by a contracting agency as defined in paragraph (2) of
subdivision (g) and who receives a retirement allowance from that
retirement system, or a surviving family member who receives the
retirement allowance in place of the deceased.
   (4) Any person who was a state member for 30 years or more and
who, at the time of retirement, was a local member employed by a
contracting agency.
   (f) "Family member" means an employee's or annuitant's spouse and
any unmarried child (including an adopted child, a stepchild, or
recognized natural child who lives with the employee or annuitant in
a regular parent-child relationship).  The board shall, by
regulation, prescribe age limits and other conditions and limitations
pertaining to unmarried children.
   (g) "Contracting agency" means:
   (1) Any contracting agency as defined in Section 20022, any county
or special district subject to the County Employees Retirement Law
of 1937 (Chapter 3 (commencing with Section 31450) of Part 3 of
Division 4 of Title 3), and any special district, school district,
county board of education, personnel commission of a school district
or a county superintendent of schools.
   (2) Any public body or agency of, or within California not covered
by the Public Employees' Retirement System or subject to the County
Employees Retirement Law of 1937 (Chapter 3 (commencing with Section
31450) of Part 3 of Division 4 of Title 3), that provides a
retirement system for its employees funded wholly or in part by
public funds and a trial court as defined in the Trial Court
Employment Protections and Governance Act (Chapter 7 (commencing with
Section 71600) of Title 8).
   (h) "Employer" means the state, any contracting agency employing
an employee, and any agency that has elected to become subject to
this part pursuant to Section 22856.
   (i) "Special district" means a nonprofit, self-governed public
agency, within the State of California and comprised solely of public
employees, performing a governmental rather than proprietary
function.
  SEC. 12.  Section 68656 is added to the Government Code, to read:
   68656.  This chapter shall remain in effect  until January 1,
2002, and is repealed as of that date, unless another statute, which
is enacted and becomes operative on or before January 1, 2002,
extends or deletes that date.
  SEC. 13.  Section 70218 of the Government Code is amended to read:

   70218.  When the municipal and superior court in a county are
unified:
   (a) Article 3 (commencing with Section 71630) of Chapter 7 of
Title 8 shall be fully applicable to the county and the unified
superior court.
   (b) An employee organization that has been previously recognized
as a representative of a group of court employees or the exclusive
representative of an established appropriate bargaining unit of court
employees, either by the county or municipal court or superior court
shall continue to be recognized as a representative or the exclusive
representative of the same employees of the county or unified
superior court.
   (c) An existing memorandum of understanding or agreement between
the county, a municipal court, or a superior court shall remain in
effect and be fully binding on the county, the unified superior
court, and the employee organization involved for the term of the
agreement.  However, in the event of an election held under paragraph
(2) of subdivision  (e), (1) a memorandum of understanding or
agreement with an employee organization that is no longer recognized
as the exclusive representative shall continue in effect and be
administered by the employee organization that receives a majority of
votes in the election and is certified or recognized pursuant to
paragraph (2) of subdivision (e), provided that the memorandum of
understanding or agreement shall be subject to reopening on request
of either the unified superior court or the newly certified or
recognized employee organization, provided that no changes in that
memorandum of understanding or agreement may be made during its term
without mutual agreement of the unified superior court and the newly
certified or recognized employee organization, and (2) a memorandum
of understanding or agreement with an employee organization that
receives a majority of votes in the election shall remain in full
force and effect until its expiration or until replaced by a
subsequent memorandum of understanding or agreement.
   (d) Nothing in this article shall disturb or affect any court- or
county-established appropriate bargaining unit or memorandum of
understanding or agreement between an employee organization and a
county or court, unless subdivision (e) applies.
   (e) (1) Where there is more than one employee organization that
has been previously recognized as the exclusive representative of
employees of the municipal court and the superior court, the county
and the unified superior court shall continue to recognize each
exclusive representative of each bargaining unit and shall continue
to be bound by any existing memorandum of understanding or agreement
covering those employees for a period not to exceed 225 days from
date of unification, pending the exhaustion of the election procedure
set forth in paragraph (2).  Any conflicts in the existing
agreements as to wages and other terms and conditions of employment
shall be subject to negotiation between the county or unified
superior court and each of the exclusive representatives.
   (2) If after unification it is determined that two or more
exclusive representatives seek to represent employees in a single
appropriate bargaining unit, the unified superior court shall conduct
a representation election in accordance with Article 3 (commencing
with Section 71630) of Chapter 7 of Title 8.  With respect to this
process (A) the unified court shall meet and confer in good faith
with all incumbent exclusive representatives regarding the
establishment of appropriate bargaining units, (B) the county or
unified superior court shall maintain a neutral position as to the
competing employee organizations in the election, (C) the employee
organization shall be certified or recognized as the exclusive
bargaining representative upon receiving a majority of the votes cast
in the representation election, (D) the election of an exclusive
representative shall be conducted no later than 180 days from the
effective date of unification or the effective date of this
subparagraph, whichever comes later, and (E) the certification or
recognition of an exclusive representative shall be complete no later
than 45 days from the date of the election.
   (f) This section applies to all unified superior courts, and the
counties and employee organizations involved, beginning on the date
of unification.
  SEC. 14.  Chapter 7 (commencing with Section 71600) is added to
Title 8 of the Government Code, to read:

      CHAPTER 7.  TRIAL COURT EMPLOYMENT PROTECTION AND GOVERNANCE
ACT
      Article 1.  General Provisions

   71600.  This chapter may be cited as the Trial Court Employment
Protection and Governance Act.
   71601.  For purposes of this chapter, the following definitions
shall apply:
   (a) "Appointment" means the offer to and acceptance by a person of
a position in the trial court in accordance with this chapter and
the trial court's personnel policies, procedures, and plans.
   (b) "Employee organization" means any organization that includes
trial court employees and has as one of its primary purposes
representing those employees in their relations with the trial court.

   (c) "Hiring" means appointment as defined in subdivision (a).
   (d) "Mediation" means effort by an impartial third party to assist
in reconciling a dispute regarding wages, hours, and other terms and
conditions of employment between representatives of the trial court
and the recognized employee organization or recognized employee
organizations through interpretation, suggestion and advice.
   (e) "Meet and confer in good faith" means that a trial court or
representatives as it may designate, and representatives of
recognized employee organizations, shall have the mutual obligation
personally to meet and confer promptly upon request by either party
and continue for a reasonable period of time in order to exchange
freely information, opinions, and proposals, and to endeavor to reach
agreement on matters within the scope of representation.  The
process should include adequate time for the resolution of impasses
where specific procedures for resolution are contained in this
chapter, local rule, regulation, or ordinance, or when the procedures
are utilized by mutual consent.
   (f) "Personnel rules," "personnel policies, procedures, and plans,"
and "rules and regulations" mean policies, procedures, plans, rules,
or regulations adopted by a trial court or its designee pertaining
to conditions of employment of trial court employees, subject to meet
and confer in good faith.
   (g) "Promotion" means promotion within the trial court as defined
in the trial court's personnel policies, procedures, and plans,
subject to meet and confer in good faith.
   (h) "Recognized employee organization" means an employee
organization that has been formally acknowledged to represent trial
court employees by the county under Sections 3500 to 3510, inclusive,
prior to the implementation date of this chapter, or by the trial
court under Rules 2201 to 2210, inclusive, of the California Rules of
Court, as those rules read on April 23, 1997, Sections 70210 to
70219, inclusive, or Article 3 (commencing with Section 71630) of
this chapter.
   (i) "Subordinate judicial officer" means an officer appointed to
perform subordinate judicial duties as authorized by Section 22 of
Article VI of the California Constitution, including, but not limited
to, a court commissioner, probate commissioner, referee, traffic
referee, juvenile referee, and pro tem judge.
   (j) "Transfer" means transfer within the trial court as defined in
the trial court's personnel policies, procedures, and plans, subject
to meet and confer in good faith.
   (k) "Trial court" means a superior court or a municipal court.
   (l) "Trial court employee" means a person who is both of the
following:
   (1) Paid from the trial court's budget, regardless of the funding
source.  For the purpose of this paragraph, "trial court's budget"
means funds from which the presiding judge of a trial court, or his
or her designee, has authority to control, authorize, and direct
expenditures, including, but not limited to, local revenues, all
grant funds, and trial court operations funds.
   (2) Subject to the trial court's right to control the manner and
means of his or her work because of the trial court's authority to
hire, supervise, discipline, and terminate employment.  For purposes
of this paragraph only,  the "trial court" includes the judges of a
trial court or their appointees who are vested with or delegated the
authority to hire, supervise, discipline, and terminate.
   (m) A person is a "trial court employee" if and only if both
paragraphs (1) and (2) of subdivision (l) are true irrespective of
job classification or whether the functions performed by that person
are identified in Rule 810 of the California Rules of Court.  The
phrase "trial court employee" includes those subordinate judicial
officers who satisfy paragraphs (1) and (2) of subdivision (l).  The
phrase "trial court employee" does not include temporary employees
hired through agencies, jurors, individuals hired by the trial court
pursuant to an independent contractor agreement, individuals for whom
the county or trial court reports income to the Internal Revenue
Service on a Form 1099 and does not withhold employment taxes,
sheriffs, and judges whether elected or appointed.
   71612.  Except as otherwise expressly provided in this chapter,
the enactment of this act shall not be a cause for the modification
or elimination of any existing wages, hours, or terms and conditions
of employment of trial court employees.  However, except as to those
procedures, rights, or practices described in this chapter as minimum
standards, the enactment of this act shall not prevent the
modification or elimination of existing wages, hours or terms and
conditions of employment through the meet and confer in good faith
                                       process or, in those
situations in which the employees are either exempted from
representation, or are not represented by a recognized employee
organization, through appropriate procedures.
   71614.  Nothing in this chapter shall be construed as affecting
the interpretation or operation of Sections 70210 to 70219,
inclusive, for purposes of unification of the trial courts.
   71615.  (a) Except as provided in subdivision (b), the effective
date of this act shall be its implementation date.
   (b) Representatives of a trial court and representatives of
recognized employee organizations may mutually agree to an
implementation date of this act later than the effective date of this
act.  However, if any provisions of this chapter are governed by an
existing memorandum of understanding or agreement covering trial
court employees, as to such provisions the implementation date shall
be either the date a successor memorandum of understanding or
agreement is effective or, if no agreement for a successor memorandum
of understanding or agreement is reached, 90 days from the date of
the expiration of the predecessor memorandum of understanding or
agreement, unless representatives of the trial court and
representatives of recognized employee organizations mutually agree
otherwise.
   (c) As of the implementation date of this chapter, all of the
following shall apply:
   (1) All persons who meet the definition of trial court employee
shall become trial court employees at their existing or equivalent
classifications.
   (2) Employment seniority of a trial court employee, as calculated
and used under the system in effect prior to the implementation of
this act, shall be calculated and used in the same manner by the
trial court.
   (3) A trial court employee shall have the same status he or she
had as a probationary, permanent, or regular employee under the
system in effect prior to implementation of this act.  A probationary
employee shall not be required to serve a new probationary period
and shall continue the existing probationary period under the terms
of hire.
   (4) Subject to the agreement of the county, and unless prohibited
or limited by charter provisions, the policies regarding transfer
between the trial court and the county that are in place as of the
implementation date of this act shall be continued while an existing
memorandum of understanding or agreement remains in effect or for two
years, whichever is longer, and any further rights of trial court
employees to transfer between the trial court and the county shall be
subject to the obligation to meet and confer in good faith at the
local level between representatives of the trial court and
representatives of recognized employee organizations and local
negotiation between the trial court and the county.  Subject to the
agreement of the county, and unless prohibited or limited by charter
provisions, the policies regarding the portability of seniority,
accrued leave credits, and leave accrual rates that are in effect
upon the implementation date of this act shall be continued if trial
court or county employees transfer between the trial court and the
county or the county and the trial court while an existing memorandum
of understanding or agreement remains in effect, or for a period of
two years, whichever is longer.  Any further right of trial court
employees to portability is subject to the obligation to meet and
confer in good faith between representatives of the trial court and
representatives of recognized employee organizations and local
negotiation between the trial court and the county.
   (5) Each trial court shall be deemed the successor employer of all
trial court employees in the county in which the trial court is
located.
   (d) In establishing local personnel structures for trial court
employees in accordance with this chapter, the trial court shall
comply with contractual obligations, and consideration shall be given
to minimizing disruption of the trial court workforce and protecting
the rights accrued by trial court employees under their current
systems.  However, prior contractual obligations and rights may be
reconsidered subject to the obligation to meet and confer in good
faith, provided both parties give consideration to past contractual
obligations and rights.
   (e) Unrepresented trial court employees are governed by a trial
court's personnel policies, procedures, and plans.  The
implementation of this act shall not be a cause for changing a trial
court's personnel policies, procedures, and plans applicable to
unrepresented trial court employees except where required to bring
such policies, procedures, and plans into conformity with this
chapter.  Except as otherwise expressly provided in this act, a trial
court retains all existing rights with respect to revising its
personnel policies, procedures, and plans as applied to unrepresented
trial court employees.
   (f) Upon implementation of this act in a trial court, Sections
68650 to 68655, inclusive, and Rules 2201 to 2210, inclusive, of the
California Rules of Court, shall be inoperative as to that trial
court.
   71616.  If any provision of this chapter, or the application
thereof, to any person or circumstances, is held invalid, the
invalidity shall not affect other provisions or application of the
chapter which can be given effect without the invalid provisions or
application and, to this end the provisions of this chapter are
severable.
   71617.  To the extent this chapter applies to a municipal court,
any action by the municipal court specifying the number,
qualification, or compensation of officers or employees of the
municipal court which differs from that prescribed by the Legislature
pursuant to Section 5 of Article VI of the California Constitution
shall remain in effect for a period of no more than two years unless
prescribed by the Legislature within that period.
   71618.  The Legislature hereby finds and declares that the status,
rights, and protections provided to court employees under this
chapter constitute a matter of statewide concern.  Therefore, this
chapter is applicable to all counties, notwithstanding charter
provisions to the contrary.  In order to ensure that effective court
services are provided to all people of this state and to ensure
stable court employer-employee relations, it is necessary that this
chapter be applicable to all trial courts and court employees, as
defined in this chapter, wherever situated within the State of
California.

      Article 2.  Authority to Hire, Classification, and Compensation

   71620.  (a) Each trial court may establish such job
classifications and may appoint such trial court officers,
assistants, and employees as are deemed necessary for the performance
of the duties and the exercise of the powers conferred by law upon
the trial court and its members.
   (b) Each trial court may appoint an executive or administrative
officer who shall hold office at the pleasure of the trial court and
shall exercise such administrative powers and perform such other
duties as may be required by the trial court.  The executive or
administrative officer has the authority of a clerk of the trial
court.  The trial court shall fix the qualifications of the executive
or administrative officer and may delegate to him or her any
administrative powers and duties required to be exercised by the
trial court.  Notwithstanding any other provision of law, the trial
court may, by local rule, specify which of the powers, duties, and
responsibilities required or permitted to be exercised or performed
by the county clerk in connection with judicial actions, proceedings,
and records shall be exercised or performed by the executive or
administrative officer.  The county clerk shall be relieved of any
obligation imposed on him or her by law with respect to these
specified powers, duties, and responsibilities, to the extent the
local rule imposes on the executive or administrative officer the
same powers, duties, and responsibilities.
   71622.  (a) Each trial court may establish and may appoint such
subordinate judicial officers as are deemed necessary for the
performance of subordinate judicial duties as are authorized by law
to be performed by subordinate judicial officers.  However, the
number and type of subordinate judicial officers in a trial court
shall be subject to approval by the Judicial Council.  Subordinate
judicial officers shall serve at the pleasure of the trial court.
   (b) The appointment of a subordinate judicial officer shall be
made by order entered in the minutes of the court.
   (c) The Judicial Council shall promulgate rules establishing the
minimum qualifications and training requirements for subordinate
judicial officers.
   (d) The presiding judge of a superior court may cross-assign one
type of subordinate judicial officer to exercise all the powers and
perform all the duties authorized by law to be performed by another
type of subordinate judicial officer, but only if the person
cross-assigned satisfies the minimum qualifications and training
requirements for the new assignment established by the Judicial
Council pursuant to subdivision (c).
   (e) The superior courts of two or more counties may appoint the
same person as court commissioner.
   (f) As of the implementation date of this chapter, all persons who
were authorized to serve as subordinate judicial officers pursuant
to other provisions of law shall be authorized by this section to
serve as subordinate judicial officers at their existing salary rate,
which may be a percentage of the salary of a judicial officer.
   71623.  (a) Each trial court may establish a salary range for each
of its employee classifications.  Considerations shall include, but
are not limited to, local market conditions and other local
compensation-related issues such as difficulty of recruitment or
retention.
   (b) All persons who are trial court employees as defined in
Section 71601, as of the implementation date of this chapter shall
become trial court employees at their existing salary rate.  For
employees who are represented by a recognized employee organization,
salary ranges may be subject to modification pursuant to the terms of
a memorandum of understanding or agreement, or upon expiration of an
existing memorandum of understanding or agreement subject to meet
and confer in good faith.  For employees who are not represented by a
recognized employee organization, salary ranges may be revised by
the trial court.  However, as provided in Section 71612, the
implementation of this chapter shall not be a cause for the
modification of salary ranges by a trial court.
   71623.5.  (a) As of July 1, 2001, trial courts shall provide
workers' compensation coverage for trial court employees under a
workers' compensation program established by the Administrative
Office of the Courts or a program selected or approved by the
Administrative Office of the Courts.  The Judicial Council shall
adopt rules of court requiring the Administrative Office of the
Courts to establish a workers' compensation program for the trial
courts and to provide guidance to the trial courts to ensure that the
courts' workers' compensation coverage, including workers'
compensation employer liability coverage, meets all legal
requirements and is cost-efficient.
   (b) If, as of the implementation date of this chapter, the county
provides workers' compensation coverage for trial court employees,
the county shall continue to provide such coverage, under the same
terms and conditions as coverage was provided immediately preceding
implementation of this chapter.  This coverage shall continue for a
transition period of up to 24 months after the implementation date of
this chapter, unless the court gives the county 60 days notice that
the court no longer needs the county to provide such coverage.
Subject to approval by the Administrative Office of the Courts, the
parties may mutually agree to county-provided coverage beyond the
24-month transition period.
   (c) County provision of workers' compensation coverage for trial
court employees shall not be construed to create a meet and confer
obligation between the county and any recognized employee
organization.
   71624.  (a) A county that contracts with the Board of
Administration of the Public Employees' Retirement System as of the
implementation date of this chapter and the trial court located
within that county shall establish a joint contract with the county
under Section 20460.1 and subdivision (b) of Section 20469.1 in
accordance with the pertinent provisions of the Public Employees'
Retirement Law (Part 3 (commencing with Section 20000) of Division 5
of Title 2) and any other applicable rules of the retirement system.
Eligibility to participate in the Public Employees' Retirement
System shall be determined in accordance with the pertinent
provisions of the Public Employees' Retirement Law and any other
applicable rules of the retirement system.  For all other counties
and their corresponding county defined-benefit retirement system, a
trial court employee shall be eligible to participate as a member in
the existing county defined-benefit retirement system in the county
in which the court is located.
   (b) If a trial court employee participates as a member in a county
defined-benefit retirement system, his or her participation shall be
subject to the applicable statutes, rules, regulations, policies,
and plan and contract terms of the retirement system as is any other
member of the system.  In accordance with these provisions, the trial
court employee who is a member of a county defined-benefit
retirement system shall have the right to receive the same
defined-benefit retirement plan benefits as county employees without
the opportunity to meet and confer with the county as to those
benefits.  For all county defined-benefit systems other than the
Public Employees' Retirement System, the trial court shall pay to the
county retirement system at the same rate of contribution for trial
court employees as is required of the county for county employees
under the county retirement system for the same benefit level.
Provided that a county and a trial court are parties to a joint
contract with CalPERS for the provision of retirement benefits under
Sections 20460.1 and 20469.1, the county defined-benefit retirement
system contribution rates for the trial court shall be the same as
the contribution rates for the county for the same benefit levels.
   (c) Unless otherwise required by law, as provided in Section
71612, the implementation of this chapter shall not be a cause for
the modification of the trial court employee's contractual coverage
under, or exclusion from, social security.
   (d) To facilitate trial court employee participation in county
defined-benefit retirement plans, the trial court and county may
mutually agree that the county shall administer the payroll for trial
court employees.
   (e) Nothing in this section precludes a trial court from offering
a different defined-benefit retirement plan for trial court employees
that is separate from the county defined-benefit retirement plan,
subject to the terms of a memorandum of understanding or agreement
for represented employees, or the terms of trial court policies,
procedures, or plans, for unrepresented employees.  The mechanism for
implementation of these plans shall be created by statute.
   (f) For purposes of this section, "county defined-benefit
retirement system" means a defined-benefit retirement system
administered by the county or applicable governing body, including
systems established pursuant to the Public Employees Retirement Law
(Part 3 (commencing with Section 20000) of Division 5 of Title 2),
the County Employees' Retirement Law of 1937 (Chapter 3 (commencing
with Section 31450) of Part 3 of Division 3 of Title 3), or an
independent retirement system or plan.
   (g) On the date this chapter is implemented, a trial court
employee who is a member of any county defined-benefit retirement
system shall continue to be eligible to receive the same level of
benefits that the member was eligible to receive prior to
implementation of this chapter.
   71625.  (a) Trial court policies related to accrued leave
benefits, including the type and accrual rate of accrued leave
benefits, in effect on the implementation date of this chapter shall
remain in effect unless modified pursuant to subdivision (c).
   (b) The implementation of this chapter shall not cause a
termination of employment and rehire for purposes of accrued leave
benefits and shall not result in either the trial court or the county
cashing out trial court employees' accrued leave balances.  A trial
court employee shall retain his or her accrued leave balances upon
implementation of this chapter.  A trial court employee shall not
cash out his or her accrued leave balances solely as a result of
implementation of this chapter.
   (c) For employees who are represented by a recognized employee
organization, the type and accrual rate of, and policies relating to,
accrued leave benefits are subject to modification pursuant to the
terms of a memorandum of understanding or agreement, or upon
expiration of an existing memorandum of understanding or agreement,
or upon revision to personnel, policies, procedures and plans,
subject to meet and confer in good faith.  For employees who are not
represented by a recognized employee organization, the type and
accrual rate of, and policies relating to, accrued leave benefits may
be revised by the trial court.  However, as provided in Section
71612, the implementation of this chapter shall not be a cause for
the modification of the type and accrual rate of, and policies
relating to, accrued leave benefits.
   71626.  Notwithstanding any other provision of law, with respect
to benefits which those persons who are trial court employees on and
after the implementation date of this chapter would receive upon
retirement, the following provisions shall apply:
   (a) As provided in Section 71612, the implementation of this
chapter shall not be a cause for the modification of  the level of
retiree group insurance benefits accruing to a trial court employee
or provided to a retired trial court employee.  The level of retiree
group insurance benefits accruing to a trial court employee or
provided to a retired trial court employee as of the implementation
date of this chapter shall remain in effect unless modified pursuant
to subdivision (b) or (c).  If the same retiree group insurance
benefits are not otherwise permitted by law or the vendor, the same
level of retiree group insurance benefits shall be provided subject
to subdivision (b).
   (b) (1) For employees who are represented by a recognized employee
organization, (A) the level of retiree group insurance benefits
accruing to a trial court employee or provided to a retired trial
court employee pursuant to the terms of a memorandum of understanding
or agreement is subject to modification only pursuant to the terms
of that memorandum of understanding or agreement, and upon expiration
of that memorandum of understanding or agreement, those retiree
group insurance benefits may not be modified except pursuant to a
subsequent memorandum of understanding or agreement; and (B) the
level of retiree group insurance benefits accruing to a trial court
employee or provided to a retired trial court employee pursuant only
to personnel, policies, procedures, and plans, may be modified by the
trial court, subject to meet and confer in good faith.
   (2) For employees who are not represented by a recognized employee
organization, the level of retiree group insurance benefits may be
revised by the trial court.
   (c) A county shall have the authority to provide retiree group
insurance benefits to retired trial court employees.  If the county
administers retiree group insurance benefits to trial court employees
or retired trial court employees, or if the trial court contracts
with the county to administer retiree group insurance benefits to
trial court employees or retired trial court employees, a trial court
employee or retired trial court employee shall be eligible to
participate in county retiree group insurance benefits and plans
subject to county retiree group insurance benefit regulations,
policies, terms and conditions, and subject to both of the following:

   (1) A trial court employee or retired trial court employee shall
have the right to accrual of retiree group insurance benefits, or to
receive the same level of retiree group insurance benefits as county
employees in similar classifications as designated by the trial court
subject to meet and confer in good faith, without the opportunity to
meet and confer with the county as to those benefits.
   (2) The level of retiree group insurance benefits accruing to a
trial court employee or provided to a retired trial court employee is
subject to modification by the county, if the county changes the
level of retiree group insurance benefits of county employees in
classifications that have been designated as similar classifications
pursuant to paragraph (1).
   (d) For purposes of this section:
   (1) "Retiree group insurance benefits" means group insurance
benefits which trial court employees would receive upon retirement.
   (2) "County," means the board of supervisors of the county where
the trial court is located, or the applicable governing body for the
retirement system of such county.
   (e) The trial court shall reimburse the county for the cost of
coverage of retired trial court employees in county retiree group
insurance benefit plans.  The county may charge the trial court for
retiree group insurance benefits only the amount that the county is
required to pay in excess of the retirement system funding or
prefunding of the retiree group insurance benefits.  The county and
the trial court may agree to an alternative arrangement to fund
retiree group insurance benefits.
   71626.5.  (a) As of the implementation date of this chapter:
   (1) If a trial court employee receives county retiree group
insurance benefits pursuant to Section 71625 and that county funds
retiree group insurance benefits from excess funds in the county's
retirement system, or prefunds retiree group insurance benefits, the
county or county retirement board shall administer retiree group
insurance benefits to trial court employees who retire from the
county retirement system.  However, the county and the trial court
may agree to an alternative arrangement to administer retiree group
insurance benefits.
   (2) In all other counties in which the trial court exercises its
authority to provide retiree group insurance benefits to its
employees, (A) if the trial court administers retiree group insurance
benefits to trial court employees separately from the county, the
trial court shall continue to administer these benefits as provided
under existing personnel policies, procedures, plans, or trial court
employee memoranda of understanding or agreement; and (B) if the
county administers retiree group insurance benefits to trial court
employees or if the trial court contracts with the county to
administer retiree group insurance benefits to trial court employees,
the county may continue to administer retiree group insurance
benefits to trial court employees pursuant to subdivision (c) of
Section 71626 or the trial court may administer retiree group
insurance benefits to trial court employees pursuant to the following
transition process:
   (i) While an existing memoranda of understanding or agreement
remains in effect or for a transition period of up to 24 months,
whichever is longer, the county shall administer retiree group
insurance benefits for represented trial court employees who retire
during that period, as provided in the applicable memoranda of
understanding or agreement, unless the county is notified by the
trial court pursuant to subparagraph (iv) that the trial court no
longer needs the county to administer specified benefits, or the
trial court and the county mutually agree that the county will no
longer administer specified benefits.
   (ii) For a transition period of up to 24 months after the
implementation date of this chapter, the county shall administer
retiree group insurance benefits for unrepresented trial court
employees who retire during that period, unless notified by the trial
court pursuant to subparagraph (iv) that the trial court no longer
needs the county to administer specified benefits, or the trial court
and the county mutually agree that the county will no longer
administer specified benefits.  During the 24-month transition
period, if the county decides to change how it administers
unrepresented trial court employees' retiree group insurance
benefits, the county shall provide the trial court with at least 60
days' notice, or a mutually agreed to amount of notice, before any
change in the administration of the benefits is implemented so the
trial court can decide whether to accept the county's change or
consider alternatives and arrange to administer or provide benefits
on its own.
   (iii) If, during the 24-month transition period, the trial court
decides to offer particular retiree group insurance benefits
different from what the county is administering, the trial court
shall be responsible for administering those particular retiree group
insurance benefits.
   (iv) If the trial court intends to give notice to the county that
it no longer needs the county to administer specified retiree group
insurance benefits to trial court employees, the trial court shall
provide the county with at least 60 days' notice, or a mutually
agreed to amount of notice.
   (b) A county's agreement to administer retiree group insurance
benefits shall not be construed to create a meet and confer
obligation between the county and any recognized employee
organization.
   (c) Nothing in this section precludes a trial court from offering
a different retiree group insurance benefits plans for trial court
employees that is separate from the county retiree group insurance
benefits plans, subject to the terms of a memorandum of understanding
or agreement for represented employees, or the terms of trial court
policies, procedures, or plans, for unrepresented employees.
   71627.  Notwithstanding any other provision of law:
   (a) As provided in Section 71612, the implementation of this
chapter shall be a cause for the modification of the level of
federally regulated benefits provided to a trial court employee.  The
level of federally regulated benefits provided to a trial court
employee as of the implementation date of this chapter shall remain
in effect unless modified pursuant to subdivision (b).  If
                                 the same federally regulated
benefits are not permitted by law or by the vendor, the same level of
federally regulated benefits shall be provided by the trial court
subject to the provisions of subdivision (b).
   (b) (1) For employees who are represented by a recognized employee
organization, (A) the level of federally regulated benefits accruing
to a trial court employee pursuant to the terms of a memorandum of
understanding or agreement is subject to modification only pursuant
to the terms of that memorandum of understanding or agreement, and
upon expiration of that memorandum of understanding or agreement,
those federally regulated benefits may not be modified except
pursuant to a subsequent memorandum of understanding or agreement;
and (B) the level of federally regulated benefits accruing to a trial
court employee pursuant only to personnel, policies, procedures, and
plans may be modified by the trial court, subject to meet and confer
in good faith.
   (2) For employees who are not represented by a recognized employee
organization, the level of federally regulated benefits may be
revised by the trial court.
   (c) If the county administers federally regulated benefits to
trial court employees, or if the trial court contracts with the
county to administer federally regulated benefits to trial court
employees, a trial court employee shall be eligible to participate in
federally regulated benefits subject to federally regulated benefit
regulations, policies, terms, and conditions, and subject to both of
the following requirements:
   (1) A trial court employee shall have the right to receive the
same level of federally regulated benefits as county employees in
similar classifications, as designated by the trial court subject to
meet and confer in good faith with the trial court, without the
opportunity to meet and confer with the county as to those benefits.

   (2) The level of federally regulated benefits accruing to a trial
court is subject to modification by the county if the county changes
the level of federally regulated benefits of county employees in
classifications that have been designated as similar classification
pursuant to paragraph (1).
   (d) For purposes of this section, "federally regulated benefits"
means benefits that provide tax-favored treatment for employees
pursuant to federal laws or regulations, including, but not limited
to, cafeteria plans under Section 125 of the Internal Revenue Code,
educational assistance benefits under Section 127 of the Internal
Revenue Code, and fringe benefits under Section 132 of the Internal
Revenue Code, but not including federally-regulated deferred
compensation plan benefits provided to trial court employees pursuant
to Section 71628.
   (e) As of the implementation date of this chapter:
   (1) If the trial court administers federally regulated benefits
for trial court employees separately from the county, the trial court
shall administer these benefits as provided under existing personnel
policies, procedures, plans, or memoranda of understanding or
agreement applicable to trial court employees.
   (2) If the county administers federally regulated benefits for
trial court employees, or if the trial court contracts with the
county to administer federally regulated benefits, the following
provisions govern the transition of responsibility for administering
these benefits to the trial court:
   (A) Until the effective date of the transition of responsibility,
the county shall continue to administer represented trial court
employees' federally regulated benefits as provided in the memorandum
of understanding or agreement and unrepresented trial court
employees' federally regulated benefits as provided in personnel
policies, procedures, and plans.
   (B) During the period of time between the implementation date of
this chapter and the effective date of the transition of
responsibility, both the trial court and the county shall cosponsor
the federally regulated benefit plan.  Cosponsorship shall continue
as long as trial court employees are governed by a plan not offered
by the trial court, but in no event longer than 18 months after the
implementation date of this chapter, or the term of the memorandum of
understanding or agreement applicable to trial court employees,
whichever is longer, unless the trial court and the county agree to
continued cosponsorship.
   (C) If during the cosponsorship period the trial court decides to
offer particular benefits that are different from what the county is
administering, then the trial court shall be responsible for
administering those particular benefits unless the trial court and
county agree otherwise.
   (D) The effective date of the transition of responsibility shall
coincide with the first day of the applicable federally regulated
benefits plan year to ensure that there is no financial impact on the
employee or on either employer.
   (f)  To facilitate trial court employee participation in county
federally regulated benefits plans, the trial court and county may
mutually agree that the county will administer the payroll for trial
court employees.
   (g)  The trial court shall reimburse the county for the cost of
any coverage of trial court employees in county federally regulated
benefit plans.
   (h)  A county shall have authority to cosponsor federally
regulated benefits with a trial court to provide such benefits to
trial court employees if such benefits are requested by the trial
court subject to county agreement to cosponsor those benefits.  A
county's agreement to cosponsor those benefits shall not be construed
as creating a meet and confer obligation between the county and any
recognized trial court employee organization.
   (i)  Nothing in this section shall prevent a trial court from
offering to trial court employees a future option of participating in
other federally regulated benefit plans that may be developed
subject to the obligation to meet and confer in good faith.
   71628.  Notwithstanding any other provision of law:
   (a) As provided in Section 71612, the implementation of this
chapter shall not be a cause for the modification of the level of
deferred compensation plan benefits provided to a trial court.
   If the same deferred compensation plan benefits are not permitted
by law or the plan vendor, the trial court shall provide other
defined compensation plan benefits at the same level, subject to the
provisions of subdivision (b).  The level of deferred compensation
plan benefits provided to a trial court employee as of the
implementation date of this chapter shall remain in effect unless
modified pursuant to subdivision (b).
   (b) (1) For employees who are represented by a recognized employee
organization, (A) the level of deferred compensation plan benefits
accruing to a trial court employee pursuant to the terms of a
memorandum of understanding or agreement is subject to modification
only pursuant to the terms of that memorandum of understanding or
agreement, and upon expiration of that memorandum of understanding or
agreement, those deferred compensation plan benefits may not be
modified except pursuant to a subsequent memorandum of understanding
or agreement; and (B) the level of deferred compensation plan
benefits accruing to a trial court employee pursuant only to
personnel, policies, procedures, and plans may be modified by the
trial court, subject to meet and confer in good faith.
   (2) For employees who are not represented by a recognized employee
organization, the level of deferred compensation plan benefits may
be modified by the trial court.
   (c) If the county administers deferred compensation plan benefits
to trial court employees, or if the trial court contracts with the
county to administer deferred compensation plan benefits to trial
court employees, a trial court employee shall be eligible to
participate in deferred compensation plan benefits subject to
deferred compensation plan benefit regulations, policies, terms and
conditions, and subject to both of the following:
   (1) A trial court employee shall have the right to receive the
same level of deferred compensation plan benefits as county employees
in similar classifications, as designated by the trial court subject
to meet and confer in good faith with the trial court, without the
opportunity to meet and confer with the county as to those benefits.

   (2) The level of deferred compensation plan benefits accruing to a
trial court employee is subject to modification by the county if the
county changes the level of deferred compensation plan benefits of
county employees in classifications that have been designated as
similar classification pursuant to paragraph (1).
   (d) If the implementation of this chapter causes a change in
deferred compensation plans and requires the transfer of trial court
employees' plan balance to the trial court's deferred compensation
plans, trial court employees shall not suffer a financial loss due to
transfer-related penalties, such as deferred sales charges, and any
financial loss due to transfer-related penalties shall be borne by
the trial court.
   (e) Trial court employees shall continue to be eligible to receive
deferred compensation plan benefits from the county or the trial
court.  For purposes of federal 401(k) or 457 deferred compensation
plans, one of the following shall apply:
   (1) If permitted by federal law and deferred compensation plan
vendors, trial court employees shall continue to receive federal 401
(k) or 457 deferred compensation plan benefits through county plans
unless the trial court modifies its plan benefits pursuant to
personnel rules, subject to meet and confer in good faith.
   (2) If not permitted by federal law or deferred compensation plan
vendors, the trial court shall provide deferred compensation plan
benefits at the same level subject to meet and confer in good faith,
in which case upon transition to the new deferred compensation plan,
(A) to provide the trial court time to investigate plan options,
negotiate plan contracts, and establish plans, there shall be a
transition period of at least six months, during which trial court
employees shall continue to receive deferred compensation plan
benefits from the county; and (B) a county may require that trial
court employees leave their plan balances in the county's deferred
compensation plan or may transfer trial court employees' plan
balances to the trial court's deferred compensation plan.
   (f) To facilitate trial court employee participation in county
deferred compensation plans, the trial court and county may mutually
agree that the county shall administer the payroll for trial court
employees.
   (g) The trial court shall reimburse the county for the cost of any
coverage of trial court employees in county deferred compensation
plans.
   (h) A county is authorized to amend federal 401(k) and 457
deferred compensation plan documents as necessary to achieve the
objectives of this section.
   (i) Nothing in this section precludes the possibility that a trial
court employee may have a future option of participating in other
deferred compensation plans that may be developed subject to the
obligation to meet and confer in good faith.
   71629.  Except as provided in Sections 71624, 71625, 71626,
71626.5, 71627, and 71628, and notwithstanding any other provision of
law:
   (a) As provided in Section 71612, the implementation of this
chapter shall not be a cause for the modification of the level of
trial court employment benefits.  If the same trial court employment
benefits are not permitted by law or the plan vendor, the trial court
shall provide other trial court employment benefits at the same
level subject to the provisions of subdivision (b).  The level of
trial court employment benefits provided to a trial court employee as
of the implementation date of this chapter shall remain in effect
unless modified pursuant to subdivision (b).
   (b) For employees who are represented by a recognized employee
organization, the level of trial court employment benefits provided
to a trial court employee may not be modified until after the
expiration of an existing memorandum of understanding or agreement or
a period of 24 months, whichever is longer, unless the trial court
and recognized employee organization mutually agree to a
modification.  For employees who are not represented by a recognized
employee organization, the level of trial court employment benefits
may be revised by the trial court.
   (c) The trial court shall reimburse the county for the cost of
coverage of trial court employees in trial court employment benefit
plans.
   (d) As of the implementation date of this chapter:
   (1) If the trial court administers trial court employment benefits
to trial court employees separately from the county, the trial court
shall continue to administer these benefits as provided under
existing personnel policies, procedures, plans, or trial court
employee memoranda of understanding or agreements.
   (2) If the county administers trial court employment benefits to
trial court employees or if the trial court contracts with the county
to administer trial court employment benefits to trial court
employees, the county may continue to administer trial court
employment benefits to trial court employees pursuant to subdivision
(e) or the trial court may administer  trial court employment
benefits to trial court employees pursuant to the following
transition process:
   (A) While an existing memorandum of understanding or agreement
remains in effect or for a transition period of 24 months, whichever
is longer, the county shall administer trial court employment
benefits for represented trial court employees as provided in the
applicable memorandum of understanding or agreement, unless the
county is notified by the trial court pursuant to subparagraph (D)
that the trial court no longer needs the county to administer
specified benefits, or the trial court and the county mutually agree
that the county will no longer administer specified benefits.
   (B) For a transition period of up to 24 months after the
implementation date of this chapter, the county shall administer
trial court employment benefits for unrepresented trial court
employees, unless notified by the trial court pursuant to
subparagraph (D) that the trial court no longer needs the county to
administer specified benefits, or the trial court and the county
mutually agree that the county will no longer administer specified
benefits.  During the transition period, if the county intends to
change unrepresented trial court employees' trial court employment
benefits, the county shall provide the trial court with at least 60
days' notice, or a mutually agreed to amount of notice, before any
change in benefits is implemented so the trial court can decide
whether to accept the county's change or consider alternatives and
arrange to provide benefits on its own.
   (C) If, during the transition period, the trial court decides to
offer particular trial court employment benefits that are different
from what the county is administering, the trial court shall be
responsible for administering those particular benefits.
   (D) If the trial court decides that it no longer needs the county
to administer specified trial court employment benefits to trial
court employees, the trial court shall provide the county with at
least 60 days' notice, or a mutually agreed to amount of notice.
   (e) To facilitate trial court employee participation in county
trial court employment benefit plans, the trial court and county may
mutually agree that the county shall administer the payroll for trial
court employees.
   (f) A county shall have authority to provide trial court
employment benefits to trial court employees if those benefits are
requested by the trial court and subject to county concurrence to
providing those benefits.  A county's agreement to provide those
benefits shall not be construed to create a meet and confer
obligation between the county and any recognized employee
organization.
   (g) Nothing in this section shall prevent the trial court from
arranging for trial court employees other trial court employment
benefits plans subject to the obligation to meet and confer in good
faith.

      Article 3.  Labor Relations

   71630.  It is the purpose of this article to promote full
communication between trial courts and their employees by providing a
reasonable method of resolving disputes regarding wages, hours, and
other terms and conditions of employment between trial courts and
recognized employee organizations.  It is also the purpose of this
article to promote the improvement of personnel management and
employer-employee relations within the trial courts in the State of
California by providing a uniform basis for recognizing the right of
trial court employees to join organizations of their own choice and
be represented by those organizations in their employment relations
with trial courts.  It is also the purpose of this article to extend
to trial court employees the right, and to require trial courts, to
meet and confer in good faith over matters within the scope of
representation, consistent with the procedures set forth in this
article.  This article is not intended to require changes in existing
representation units, memoranda of agreement or understanding, or
court rules, except as provided in this article.
   71631.  Except as otherwise provided by the Legislature, trial
court employees shall have the right to form, join, and participate
in the activities of employee organizations of their own choosing for
the purpose of representation on all matters of employer-employee
relations.  Trial court employees also shall have the right to refuse
to join or participate in the activities of employee organizations
and shall have the right to represent themselves individually in
their employment relations with the trial court.
   71632.  (a) Notwithstanding any other provision of law, rule, or
regulation, an agency shop agreement may be negotiated between a
trial court and a recognized employee organization which has been
recognized as the exclusive or majority bargaining agent pursuant to
reasonable rules  and regulations, and enactments, in accordance with
this article.  As used in this article, "agency shop" means an
arrangement that requires an employee, as a condition of continued
employment, either to join the recognized employee organization, or
to pay the organization a service fee in an amount not to exceed the
standard initiation fee, periodic dues, and general assessments of
that organization for the duration of the agreement or a period of
three years from the effective date of the agreement, whichever comes
first.  However, any employee who is a member of a bona fide
religion, body, or sect which has historically held conscientious
objections to joining or financially supporting recognized employee
organizations shall not be required to join or financially support
any recognized employee organization as a condition of employment.
Such an employee may be required, in lieu of periodic dues,
initiation fees, or agency shop fees to pay sums equal to those dues,
initiation fees, or agency shop fees to a nonreligious, nonlabor
charitable organization fund exempt from taxation under Section 501
(c)(3) of the Internal Revenue Code, chosen by the employee from a
list of at least three such funds designated in a memorandum of
understanding or agreement between the trial court and the recognized
employee organization, or if the memorandum of understanding or
agreement fails to designate such funds, then to any such fund chosen
by the employee.  Proof of those payments shall be made on a monthly
basis to the trial court as a condition of continued exemption from
the requirement of financial support to the recognized employee
organization.
   (b) An agency shop provision in a memorandum of understanding or
agreement which is in effect may be rescinded by a majority vote of
all the employees in the unit covered by the memorandum of
understanding or agreement, provided that:  (1) a request for such a
vote is supported by a petition containing the signatures of at least
30 percent of the employees in the unit; (2) the vote is by secret
ballot; and (3) the vote may be taken at anytime during the term of
such memorandum of understanding or agreement, but in no event shall
there be more than one vote taken during that term.  However, the
trial court and the recognized employee organization may negotiate,
and by mutual agreement provide for, an alternative procedure or
procedures regarding a vote on any agency shop agreement.
   (c) An agency shop agreement shall not apply to management,
confidential, or supervisory employees.
   (d) Every recognized employee organization which has agreed to an
agency shop provision shall keep an adequate itemized record of its
financial transactions and shall make available annually, to the
trial court with which the agency shop provision was negotiated, and
to the employees who are members of the organization, within 60 days
after the end of its fiscal year, a detailed written financial report
thereof in the form of a balance sheet and an operating statement,
certified as to accuracy by its president and treasurer or
corresponding principal officer, or by a certified public accountant.
  An employee organization required to file financial reports under
the federal Labor-Management Disclosure Act of 1959 covering
employees governed by this chapter or required to file financial
reports under Section 3546.5, may satisfy the financial reporting
requirement of this section by providing the trial court with a copy
of those financial reports.
   (e) If the trial court is party to any memorandum of understanding
or agreement with any bargaining unit that includes court employees
that provides for an agency shop provision as of the implementation
date of this chapter, the trial court and employee organization
representing the trial court employees shall be obligated to honor
the terms of the agency shop provision, including indemnification
provisions, if any, for the duration of the memorandum of
understanding or agreement.  A new agency shop election shall not be
caused upon implementation of this chapter.
   (f) This section shall remain in effect until such time as Section
3502.5 is amended to provide that a 30-percent or greater showing of
interest by means of a petition requires an election regarding an
agency shop, and a vote at that election of 50 percent plus one of
those voting secures an agency shop arrangement, and as of that date
this section is repealed.
   71632.5.  (a) Notwithstanding any other provision of law, rule, or
regulation, an agency shop agreement may be negotiated between a
trial court and a recognized employee organization which has been
recognized as the exclusive or majority bargaining agent pursuant to
reasonable rules and  regulations, and enactments, in accordance with
this article.  As used in this article, "agency shop" means an
arrangement that requires an employee, as a condition of continued
employment, either to join the recognized employee organization, or
to pay the organization a service fee in an amount not to exceed the
standard initiation fee, periodic dues, and general assessments of
that organization for the duration of the agreement or a period of
three years from the effective date of the agreement, whichever comes
first.  However, any employee who is a member of a bona fide
religion, body, or sect which has historically held conscientious
objections to joining or financially supporting recognized employee
organizations shall not be required to join or financially support
any recognized employee organization as a condition of employment.
Such an employee may be required, in lieu of periodic dues,
initiation fees, or agency shop fees to pay sums equal to those dues,
initiation fees, or agency shop fees to a nonreligious, nonlabor
charitable organization fund exempt from taxation under Section 501
(c)(3) of the Internal Revenue Code, chosen by the employee from a
list of at least three such funds, designated in a memorandum of
understanding or agreement between the trial court and the recognized
employee organization, or if the memorandum of understanding or
agreement fails to designate such funds, then to any such fund chosen
by the employee.  Proof of those payments shall be made on a monthly
basis to the trial court as a condition of continued exemption from
the requirement of financial support to the recognized employee
organization.
   (b) An agency shop provision in a memorandum of understanding or
agreement which is in effect may be rescinded by a majority vote of
all the employees in the unit covered by the memorandum of
understanding or agreement, provided that (1) a request for such a
vote is supported by a petition containing the signatures of at least
30 percent of the employees in the unit; (2) the vote is by secret
ballot; and (3) the vote may be taken at anytime during the term of
such memorandum of understanding or agreement, but in no event shall
there be more than one vote taken during that term.
   (c) In addition to the procedure prescribed in subdivision (a), an
agency shop arrangement between the trial court and a recognized
employee organization or recognized employee organizations shall be
placed in effect upon (1) a signed petition of at least 30 percent of
the employees in the applicable bargaining unit requesting an agency
shop agreement and an election to implement an agency fee
arrangement, and (2) the approval of a majority of employees who cast
ballots and vote in favor of the agency shop agreement.  This
subdivision shall only be applicable in the event the court and
representatives of the recognized employee organizations, through the
meet and confer process, establish a provision in a negotiated
memorandum of understanding or agreement that the employee
organization shall hold harmless the court and defend and indemnify
the court regarding the application of any agency shop requirements
or provisions, including, but not limited to, improper deduction of
fees, maintenance of records, and improper reporting.  This
subdivision shall be applicable only on the latest of the following
and thereafter:
   (1) The operative date of this section.
   (2) The effective date of provisions described in subdivision (g).

   (3) In the event that a memorandum of understanding or agreement
between the court and a recognized employee organization is in effect
on the later of either of the dates referenced in paragraph (1) or
(2), as to the employees covered by the memorandum of understanding
or agreement, the implementation date shall be either
                            the date a successor memorandum of
understanding or agreement is effective or, if no agreement for a
successor memorandum of understanding or agreement is reached, 90
days from the date of the expiration of the predecessor memorandum of
understanding or agreement.  The court and representatives of
recognized employee organizations may mutually agree to a different
date on which this subdivision is applicable.
   (d) Notwithstanding subdivisions (a), (b), and (c), the trial
court and the recognized employee organization may negotiate, and by
mutual agreement provide for, an alternative procedure or procedures
regarding a vote on any agency shop agreement.
   (e) An agency shop agreement shall not apply to management,
confidential, or supervisory employees.
   (f) Every recognized employee organization which has agreed to an
agency shop provision, or is a party to an agency shop arrangement,
shall keep an adequate itemized record of its financial transactions
and shall make available annually, to the trial court with which the
agency shop provision was negotiated, and to the employees who are
members of the organization, within 60 days after the end of its
fiscal year, a detailed written financial report thereof in the form
of a balance sheet and an operating statement, certified as to
accuracy by its president and treasurer or corresponding principal
officer, or by a certified public accountant.  An employee
organization required to file financial reports under the federal
Labor-Management Disclosure Act of 1959 covering employees governed
by this chapter or required to file financial reports under Section
3546.5, may satisfy the financial reporting requirement of this
section by providing the trial court with a copy of those financial
reports.
   (g) This section shall only become operative only if Section
3502.5 is amended to provide that a 30-percent or greater showing of
interest by means of a petition requires an election regarding an
agency shop, and a vote at that election of 50 percent plus one of
those voting secures an agency shop arrangement.
   71632.6.  If the trial court is party to any memorandum of
understanding or agreement with any bargaining unit that includes
court employees that provides for an agency shop provision as of the
implementation date of this chapter, the trial court and employee
organization representing the trial court employees shall be
obligated to honor the terms of the agency shop provision, including
indemnification provisions, if any, for the duration of the
memorandum of understanding or agreement.  The implementation of this
chapter shall not be a cause for a new agency shop election.
   71633.  Recognized employee organizations shall have the right to
represent their members in their employment relations with trial
courts as to matters covered by this article.  Employee organizations
may establish reasonable restrictions regarding who may join and may
make reasonable provisions for the dismissal of individuals from
membership.  Nothing in this article shall prohibit any employee from
appearing on his or her own behalf regarding employment relations
with the trial court.
   71634.  (a) The scope of representation shall include all matters
relating to employment conditions and employer-employee relations,
including, but not limited to, wages, hours, and other terms and
conditions of employment.  However, the scope of representation shall
not include consideration of the merits, necessity, or organization
of any service or activity provided by law or executive order.
   (b) In view of the unique and special responsibilities of the
trial courts in the administration of justice, decisions regarding
the following matters shall not be included within the scope of
representation:
   (1) The merits and administration of the trial court system.
   (2) Coordination, consolidation, and merger of trial courts and
support staff.
   (3) Automation, including, but not limited to, fax filing,
electronic recording, and implementation of information systems.
   (4) Design, construction, and location of court facilities.
   (5) Delivery of court services.
   (6) Hours of operation of the trial courts and trial court system.

   (c) The impact from matters in subdivision (b) shall be included
within the scope of representation as those matters affect wages,
hours, and terms and conditions of employment of trial court
employees.  The court shall be required to meet and confer in good
faith with respect to that impact.
   (d) The trial court shall continue to have the right to determine
assignments and transfers of trial court employees; provided that the
process, procedures, and criteria for assignments and transfers
shall be included within the scope of representation.
   71634.1.  (a) Except in cases of emergency as provided in this
section, the trial court shall give reasonable written notice to each
recognized employee organization affected by any rule, practice, or
policy directly relating to matters within the scope of
representation proposed to be adopted by the trial court and shall
give each such recognized employee organization the opportunity to
meet with the trial court.
   (b) In cases of emergency when the trial court determines that any
rule, policy, or procedure must be adopted immediately without prior
notice or meeting with a recognized employee organization, the trial
court shall provide such notice and opportunity to meet at the
earliest practicable time following the adoption of the rule, policy,
or procedure.
   71634.2.  (a) The trial court, or those representatives as it may
designate, shall meet and confer in good faith regarding wages,
hours, and other terms and conditions of employment within the scope
of representation, as defined in Section 71634, with representatives
of the recognized employee organizations, as defined in Section
71611, and shall consider fully the presentations as are made by the
recognized employee organization on behalf of its members prior to
arriving at a determination of policy or course of action.
   (b) In fulfilling the requirements of subdivision (a), the court
and the county may consult with each other, may negotiate jointly,
and each may designate the other in writing as its agent on any
matters within the scope of representation.
   71634.3.  If agreement is reached by the representatives of the
trial court and a recognized employee organization or organizations,
they shall jointly prepare a written memorandum of the agreement or
understanding, which shall not be binding, and present it to the
trial court or its designee for determination.
   71634.4.  If after a reasonable period of time, representatives of
the trial court and the recognized employee organization fail to
reach agreement, the trial court and the recognized employee
organization or recognized employee organizations together may agree
upon the appointment of a mediator mutually agreeable to the parties.
  Costs of mediation, if any, shall be divided one-half to the trial
court and one-half to the recognized employee organization or
recognized employee organizations.
   71635.  The trial court shall allow a reasonable number of trial
court employee representatives of recognized employee organizations
reasonable time off, without loss of compensation or other benefits,
when formally meeting and conferring with representatives of the
trial court on matters within the scope of representation.
   71635.1.  Trial courts and employee organizations shall not
interfere with, intimidate, restrain, coerce, or discriminate against
court employees because of their exercise of their rights under
Section 71631.
   71636.  (a) A trial court may adopt reasonable rules and
regulations, after consultation in good faith with representatives of
an employee organization or organizations, for the administration of
employer-employee relations under this article.  These rules and
regulations may include provisions for:
   (1) Verifying that an organization does in fact represent
employees of the trial court.
   (2) Verifying the official status of employee organization
officers and representatives.
   (3) Recognition of employee organizations.
   (4) Exclusive recognition of employee organizations formally
recognized pursuant to a vote of the employees of the trial court or
an appropriate unit thereof, subject to the right of an employee to
represent himself or herself as provided in Section 71631.
   (5) Additional procedures for the resolution of disputes involving
wages, hours, and other terms and conditions of employment.
   (6) Access of employee organization officers and representatives
to work locations.
   (7) Use of official bulletin boards and other means of
communication by employee organizations.
   (8) Furnishing nonconfidential information pertaining to
employment relations to employee organizations.
   (9) Such other matters as are necessary to carry out the purposes
of this article.
   (b)  Exclusive recognition of employee organizations formally
recognized as majority representatives pursuant to a vote of the
employees may be revoked by a majority vote of the employees only
after a period of not less than 12 months following the date of
recognition.
   (c)  No trial court shall unreasonably withhold recognition of
employee organizations.
   (d)  Pursuant to the obligation to meet and confer in good faith,
the trial court shall establish procedures to determine the
appropriateness of any bargaining unit of court employees.
   71636.1.  In the absence of local procedures for resolving
disputes on the appropriateness of a unit of representation, upon the
request of any of the parties, the dispute shall be submitted to the
Division of Conciliation of the Department of Industrial Relations
for the mediation or for recommendation for resolving the dispute.
   71637.  (a) For purposes of this article, professional employees
shall not be denied the right to be represented separately from
nonprofessional employees by a professional employee organization
consisting of those professional employees.  In the event of a
dispute on the appropriateness of a unit of representation for
professional employees, upon request of any of the parties, the
dispute shall be submitted to the Division of Conciliation of the
Department of Industrial Relations for mediation or for
recommendation for resolving the dispute.
   (b) For the purpose of this section, "professional employees"
means employees engaged in work requiring specialized knowledge and
skills attained through completion of a recognized course of
instruction, including, but not limited to, attorneys.
   71637.1.  For purposes of this article, in addition to those rules
and regulations that a trial court may adopt pursuant to, and in the
same manner as set forth in, Section 71637, any trial court may
adopt reasonable rules and regulations providing for designation of
the management and confidential employees of the trial court and
restricting those employees from representing any employee
organization which represents other employees of the trial court, on
matters within the scope of representation.  Except as specifically
provided otherwise in this article, this section does not otherwise
limit the right of employees to be members of, and to hold office in,
an employee organization.
   71638.  A trial court employee shall have the right to authorize a
dues deduction from his or her salary or wages in the same manner
provided to public agency employees pursuant to Section 1157.1,
1157.2, 1157.3, 1157.4, 1157.5, or 1157.7.
   71639.  (a) As of the implementation date of this chapter, an
employee organization that is recognized as a representative of a
group of trial court employees or the exclusive representative of an
established bargaining unit of trial court employees, either by the
county or the trial court, shall continue to be recognized by the
trial court as a representative or the exclusive representative of
the same trial court employees.  A trial court and recognized
employee organization shall be bound by the terms of any memorandum
of understanding or agreement covering trial court employees to which
the trial court or the county is a party that is in effect on the
implementation date of this chapter for the duration thereof, or
until it expires and, consistent with law, is replaced by a successor
memorandum of understanding or agreement, subject to the obligation
to meet and confer in good faith.  Upon expiration of a memorandum of
understanding or agreement, the trial court shall meet and confer in
good faith with recognized employee organizations.
   (b) A trial court's local rules governing trial court employees
and a trial court's personnel rules, policies, and practices, and any
county rules in effect pursuant to Rule 2205 of the California Rules
of Court as adopted on April 23, 1997, in effect at the time of the
implementation date of this chapter, to the extent they are not
contrary to or inconsistent with the obligations and duties provided
for in this article, shall continue in effect until changed by the
trial court.  Prior to changing any rule, policy, or practice that
affects any matter within the scope of representation as set forth in
this article, the court shall meet and confer in good faith with the
recognized employee organization as provided for in this chapter.
   (c) Nothing contained in this article is intended to preclude
trial court employees from continuing to be included in
representation units which contain county employees.
   71639.1.  (a) Each trial court shall adopt a procedure to be used
as a preliminary step before petitioning the superior court for
relief pursuant to subdivision (c).  The procedure may be mediation,
arbitration, or a procedure before an administrative tribunal such as
the procedure established pursuant to Sections 71653 and 71654 for
review of the decision of the hearing officer in evidentiary due
process hearings.  The establishment of the procedure shall be
subject to the obligation to meet and confer in good faith.  However,
nothing in this section shall prohibit a party from seeking
provisional relief, such as a stay, in any case in which such
provisional relief would otherwise be appropriate.
   (b) In a trial court with 10 or more judges, if the trial court
and a recognized employee organization reach an impasse regarding
development of a procedure required pursuant to subdivision (a), the
trial court shall adopt either nonbinding arbitration or a proceeding
before the administrative tribunal, such as the procedure
established pursuant to Sections 71653 and 71654, for review of the
decision of the hearing officer in evidentiary due process or
hearings.
   (c) Notwithstanding Sections 1085 and 1103 of the Code of Civil
Procedure requiring the issuance of a writ to an inferior tribunal,
and except as required pursuant to Section 5 of Article VI of the
California Constitution, any agreements reached pursuant to
negotiations held pursuant to this article are binding on the parties
and may be enforced by petitioning the superior court for relief
pursuant to Section 1085 or 1103 of the Code of Civil Procedure.
   (d) Notwithstanding Sections 1085 and 1103 of the Code of Civil
Procedure requiring the issuance of a writ to an inferior tribunal,
in the event that a trial court, a trial court employee, or an
employee organization believes there has been a violation of this
article, that party may petition the superior court for relief.
   (e) The Judicial Council shall adopt rules of court to implement
this hearing and appeal process.  The rules of court shall provide a
mechanism for the establishment of a panel of court of appeal
justices who shall be qualified to hear such matters, as specified in
the rules of court, from which a single justice shall be assigned to
hear the matter in the superior court.  The rules of court shall
provide that such matters shall be heard in the superior court and
the court of appeal on an expedited basis, and to the extent
permitted by law or rule of court, shall provide that any justice
assigned to hear the matter in the superior court shall not be from
the court of appeal district in which the action is filed, and shall
provide that appeals in these matters shall be heard in the court of
appeal district where the matter was filed.
   (f) A complete alternative to the procedure outlined in
subdivisions (c) and (d) may be provided for by mutual agreement
between a trial court and representatives of recognized employee
organizations.
   71639.2.  The enactment of this article shall not be construed as
making Section 923 of the Labor Code applicable to trial court
employees.
   71639.3.  Trial courts and trial court employees are not covered
by Chapter 10 (commencing with Section 3500) of Division 4 of Title
1, or any subsequent changes to these sections except as provided in
this article.  However, where the language of this article is the
same or substantially the same as that contained in Chapter 10
(commencing with Section 3500) of Division 4 of Title 1, it shall be
interpreted and applied in accordance with the judicial
interpretations of the same language.

      Article 4.  Employment Selection and Advancement

   71640.  (a) As of the implementation date of this chapter, each
trial court shall establish a trial court employment selection and
advancement system which shall become the minimum selection and
advancement system for all trial court employees and shall become
part of the sole trial court employee personnel system.  The trial
court employment selection and advancement system shall replace any
county employment selection and advancement systems applying to trial
court employees prior to the implementation date as provided in this
article, except as otherwise specified in this article.  This
article establishes minimum standards, and each trial court
employment selection and advancement system shall, at a minimum,
conform to the requirements of this article.
   (b) Until such time as a trial court establishes a trial court
employment selection and advancement system as provided in this
article, the minimum standards required pursuant to this article
shall be the trial court employment selection and advancement system.

   71641.  Each trial court shall develop personnel rules regarding
hiring, promotion, transfer, and classification.  Trial courts shall
meet and confer in good faith with representatives of the recognized
employee organizations on those rules that cover matters within the
scope of representation.  However, nothing in this article is
intended to expand the definition of matters within the scope of
representation, as defined in Section 71634.
   71642.  Hiring and promotion within a trial court shall be done in
a nondiscriminatory manner based on job-related factors.  Trial
court personnel rules shall meet the following minimum standards:
   (a) Recruiting, selecting, transferring, and advancing employees
shall be on the basis of their relative ability, knowledge, and
skills.  Initial appointment shall be through an open, competitive
process.  Preference shall be given to internal candidates.
   (b) Formal job-related selection processes are required when
filling positions.
   (c) Each trial court shall have an equal employment opportunity
policy applying to all applicants and employees in accordance with
applicable state and federal law.
   71643.  (a) The following positions are excluded from the
competitive selection and promotion processes required by Section
71642:
   (1) Subordinate judicial officers.
   (2) Managerial, confidential, temporary, and limited-term
positions in accordance with a trial court's personnel policies,
procedures, or plans, subject to meet and confer in good faith.
   (b) If managerial, confidential, temporary, and limited-term
positions are defined for the purposes of competitive selection and
promotion processes within a trial court as of the implementation
date of this chapter, then that definition shall be maintained for
those purposes until changed subject to meet and confer in good
faith.  If managerial, confidential, temporary, and limited-term
positions are not defined for the purposes of competitive selection
and promotion processes within a trial court as of the implementation
date of this chapter, then the adoption of any such definition by
the trial court shall be subject to meet and confer in good faith.
   (c) The exclusion of managerial, confidential, temporary, and
limited term positions from required competitive selection and
promotion processes shall not affect the employees' right to
representation.
   (d) Permanent or regular employees who assume limited term
appointments or assignments to other positions or classes shall
retain their permanent or regular status during and upon expiration
of the limited term appointment or assignment.
   71644.  Disputes between a trial court and its employees regarding
the alleged misapplication, misinterpretation, or violation of the
trial court's rules enacted pursuant to Sections 71641 and 71642
governing hiring, promotion, transfer, and classification shall be
resolved by binding arbitration.
   71645.  (a) On and after the implementation date of this chapter,
this article shall become the employment, selection, and advancement
system for all trial court employees within a trial court and shall
become part of the sole trial court employee system, replacing any
aspects of county employment, selection, and advancement systems
applying to trial court employees prior to the implementation date of
this chapter.
   (b) Except as provided in subdivision (c), the implementation date
of this chapter for each trial court shall be the effective date of
this chapter.
   (c) The representatives of the trial court and representatives of
recognized employee organizations may mutually agree to a different
implementation date.
   If the provisions in this article are governed by an existing
memorandum of understanding or agreement covering trial court
employees, as to such provisions, the implementation date shall be
either the date a successor memorandum of understanding or agreement
is effective or, if no agreement for a successor memorandum of
understanding or agreement is reached, 90 days from the date of the
expiration of the predecessor memorandum of understanding or
agreement, unless representatives of the trial court and
representatives of recognized employee organizations mutually agree
otherwise.

      Article 5.  Employment Protection System

   71650.  (a) As of the implementation date of this article, as
provided in Section 71658, each trial court shall establish a trial
court employment protection system which shall become the minimum
employment protection system for all trial court employees and shall
become part of the sole trial court employee personnel system.  The
trial court employment protection system shall replace any county
employment protection systems applying to trial court employees prior
to the implementation date provided in Section 71658, except as
otherwise specified in this article.  This article establishes
minimum standards, and each trial court employment protection system
shall, at a minimum, conform to the requirements of this article.
   (b) Nothing in this article shall preclude the establishment of
enhanced employment protection systems pursuant to trial court
personnel policies, procedures, or plans subject to meet and confer
in good faith.
   (c) Nothing in this article shall be construed to provide, either
explicitly or implicitly, a civil cause of action for breach of
contract either express or implied arising out of a termination of
employment.
   (d) Except as specified in subdivisions (a), (b), and (c), this
article shall not apply to either of the following categories of
trial court employees:
   (1) Subordinate judicial officers.
   (2) Managerial, confidential, temporary, limited term and
probationary employees, unless included within the trial court
employment protection system in accordance with trial court personnel
policies, procedures or plans subject to meet and confer in good
faith.
   71651.  (a) The trial court employment protection system in each
trial court shall include progressive discipline, as defined by each
trial court's personnel policies, procedures, or plans, subject to
meet and confer in good faith.  Except for layoffs for organizational
necessity as provided for in Section 71652, discipline, up to and
including termination of employment, shall be for cause.
   (b) For purposes of this section, "for cause" means a fair and
honest cause or reason, regulated by good faith on the part of the
party exercising the power.
   71652.  (a) A trial court employee may be laid off based on the
organizational necessity of the court.  Each trial court shall
develop, subject to meet and confer in good faith, personnel rules
regarding procedures for layoffs for organizational necessity.
   (b) For purposes of this section, a "layoff for organizational
necessity" means a termination based on the needs or resources of the
court, including, but not limited to, a reorganization or reduction
in force or lack of funds.
   71653.  Subject to meet and confer in good faith, each trial court
shall establish in its personnel rules a process for conducting an
evidentiary due process hearing to review disciplinary decisions that
by law require an evidentiary due process hearing, which shall
include, at a minimum, all of the following elements:
   (a) A procedure for appointment of an impartial hearing officer
who shall not be a trial court employee or judge of the employing
court.
   (b) The hearing shall result in an appropriate record with a
written report that has findings of fact and conclusions that
reference the evidence.
   (c) The employee and trial court shall have the right to call
witnesses and present evidence.  The trial court shall be required to
release trial court employees to testify at the hearing.
   (d) The hearing officer shall have the authority to issue
subpoenas for the attendance of witnesses and subpoenas duces tecum
for the production of books, records, documents, and other evidence
as provided in Section 1282.6 of the Code of Civil Procedure.
   (e) The employee shall have the right to representation, including
legal counsel, if provided by the employee.
   (f) If the hearing officer disagrees with the trial court's
disciplinary decision, the trial court shall furnish a certified copy
of the record of proceedings before the hearing officer to the
employee or, if the employee is represented by a recognized employee
organization or counsel, to that representative, without
                                  cost.
   71654.  Subject to meet and confer in good faith, each trial court
shall establish in its personnel rules a process for the trial court
to review a hearing officer's report and recommendation made
pursuant to Section 71653 that provides, at a minimum, that the
decision of the hearing officer shall be subject to review, as
follows:
   (a) A trial court shall have 30 calendar days from receipt of the
hearing officer's report or receipt of the record of the hearing,
whichever is later, to issue a written decision accepting, rejecting
or modifying the hearing officer's report or recommendation unless
the trial court and employee mutually agree to a different timeframe.

   (b) In making its decision under subdivision (a), the trial court
shall be bound by the factual findings of the hearing officer, except
factual findings that are not supported by substantial evidence, and
the trial court shall give substantial deference to the recommended
disposition of the hearing officer.
   (c) If the trial court rejects or modifies the hearing officer's
recommendation, the trial court shall specify the reason or reasons
why the recommended disposition is rejected in a written statement
which shall have direct reference to the facts found and shall
specify whether the material factual findings are supported by
substantial evidence.  The trial court may reject or modify the
recommendation of the hearing officer only if the material factual
findings are not supported by substantial evidence, or for any of the
following reasons or reasons of substantially similar gravity or
significance:
   (1) The recommendation places an employee or the public at an
unacceptable risk of physical harm from an objective point of view.
   (2) The recommendation requires an act contrary to law.
   (3) The recommendation obstructs the court from performing its
constitutional or statutory function from an objective point of view.

   (4) The recommendation disagrees with the trial court's penalty
determination, but the hearing officer has not identified material,
substantial evidence in the record that provides the basis for that
disagreement.
   (5) The recommendation is contrary to past practices in similar
situations presented to the hearing officer that the hearing officer
has failed to consider or distinguish.
   (6) From an objective point of view, and applied by the trial
court in a good faith manner, the recommendation exposes the trial
court to present or future legal liability other than the financial
liability of the actual remedy proposed by the hearing officer.
   (d) If a trial court's review results in rejection or substantial
modification of the hearing officer's recommendation, then the final
review shall be conducted by an individual other than the
disciplining officer.  If the disciplining officer is a judge of the
trial court, the review shall be made by another judge of the court,
a judicial committee, an individual, or panel as specified in the
trial court's personnel rules.  However, in a trial court with two or
fewer judges, if the trial court has no other judge than the
disciplining judge or judges, the judge or judges may conduct the
review; and, as a minimum requirement, in a trial court with 10 or
more judges, the review shall be by a panel of three judges, whose
decision shall be by a majority vote, which shall be selected as
follows:
   (1) One judge shall be selected by the presiding judge or his or
her designee.
   (2) One judge shall be selected by the employee or, if the
employee is represented, by his or her bargaining representative.
   (3) The two appointed judges shall select a third judge.
   On panels in a trial court with 10 or more judges, no judge may be
selected to serve without his or her consent; the term of office of
the panel shall be defined by local personnel policies, procedures,
or plans subject to the obligation to meet and confer in good faith;
and no judge shall serve on the panel in a case in which he or she
has imposed discipline.
   71655.  (a) An employee may challenge the decision of the
disciplining trial court, made pursuant to Section 71654, rejecting
or modifying the hearing officer's recommendation by filing a writ of
mandamus pursuant to Section 1094.5 of the Code of Civil Procedure
in the appropriate court, and such review by that court shall be
based on the entire record.  If required by the writ procedure and if
not previously provided to the disciplined employee, the
disciplining court shall furnish a certified copy of the record of
the proceeding before the hearing officer to the disciplined employee
or, if the employee is represented, to the bargaining representative
without charge.  In reviewing the disciplining trial court's
rejection or modification of the hearing officer's recommendation,
the reviewing court shall be bound by the hearing officer's material
factual findings that are supported by substantial evidence.
   (b) The denial of due process or the imposition of a disciplinary
decision that by law requires a due process hearing without holding
the required hearing may be challenged by a petition for a writ of
mandate.
   71656.  Notwithstanding any other provision of this article, in a
county of the first class as defined in Section 28022 as of January
1, 2001:
   (a) As of the implementation date provided in Section 71658, a
trial court employee who was a member of a county civil service
system shall remain in that system for the sole purposes of
evidentiary due process hearings before the county civil service
commission as an alternative to the due process hearings provided for
in Sections 71653, 71654, and 71655, unless the employee elects,
pursuant to subdivision (c), to be subject to the trial court
employment protection system provided in this article.
   (b) One year after the implementation date provided in Section
71658, a trial court employee who was a member of a county civil
service system shall be deemed to have elected, pursuant to
subdivision (c), to be subject to the trial court employment
protection system provided in this article unless the employee has,
during that year, submitted to the trial court a signed writing
expressly electing the county civil service commission solely for the
purposes of evidentiary due process hearings in lieu of the hearings
provided for in Sections 71653, 71654, and 71656.  However, no
election may be made after receiving notice of intended discipline
until after the disciplinary action has been finally resolved and the
employee has exhausted all remedies related to that action.  The
one-year period in which to elect the county civil service commission
shall be tolled during the period of time when a trial court
employee is disabled from making an election because of pending
disciplinary action or proceedings.
   (c) A trial court employee who is subject to the county civil
service system may elect at any time to be subject to the trial court
employment protection system provided in this article, except that
no election may be made after receiving notice of intended discipline
until after the disciplinary action has been finally resolved and
the employee has exhausted all remedies related to that action.  An
election to be subject to the trial court employment protection
system may not be revoked.
   (d) A trial court employee who elects to remain in the county
civil service system and who later is promoted or transferred into a
position that is comparable to a position that is classified as
exempt from the county civil service system shall be subject to the
trial court employment protection system for all purposes.
   (e) Trial court employees in a county of the first class eligible
for making an election pursuant to subdivisions (a) and (b) shall be
deemed county employees for purposes of remaining eligible for
evidentiary due process hearings before the county civil service
commission.
   (f) A trial court shall adopt procedures, subject to meet and
confer in good faith, that establish a process for election pursuant
to this section.
   71657.  (a) Disciplinary action served on an employee prior to the
implementation date of this chapter shall remain in effect in
accordance with the procedures established under the trial court's
predecessor personnel system.
   (b) Appeals of disciplinary action served on an employee prior to
the implementation date of this chapter shall be made in accordance
with the procedures established under the trial court's predecessor
personnel system.  Appeals of disciplinary action served on an
employee after the implementation date of this chapter shall be made
in accordance with the procedures established pursuant to this
article.  The consequences of past discipline under the trial court's
new employment protection system pursuant to this article on past
discipline shall be subject to meet and confer in good faith.
   71658.  (a) Except as provided in subdivision (b), the
implementation date of this article is the effective date of this
chapter.
   (b) Representatives of a trial court and representatives of
recognized employee organizations may mutually agree to an
implementation date of this article different from that specified in
subdivision (a).  However, if any provisions of this chapter are
governed by an existing memorandum of understanding or agreement
covering trial court employees, as to those provisions, the
implementation date shall be either the date a successor memorandum
of understanding or agreement is effective or, if no agreement for a
successor memorandum of understanding or agreement is reached, 90
days from the date of the expiration of the predecessor memorandum of
understanding or agreement unless representatives of the trial court
and representatives of recognized employee organizations mutually
agree otherwise.

      Article 6.  Personnel Files

   71660. Each trial court shall adopt personnel rules, subject to
the obligation to meet and confer in good faith, to provide trial
court employees with access to their official personnel files.  The
rules shall provide, at a minimum, that all of the following applies:

   (a) Each trial court shall, at reasonable times and intervals,
permit an employee, upon that employee's request, to inspect his or
her official personnel files that are used, or have been used, to
determine that employee's qualifications for employment, promotion,
additional compensation, or termination or other disciplinary action.

   (b) Each trial court shall keep a copy of each employee's official
personnel files at the place where the employee reports to work, or
shall make the official personnel files available where the employee
reports to work within a reasonable period of time after a request
for the official personnel files by the employee.
   (c) Records of a trial court employee relating to the
investigation of a possible criminal offense, letters of reference,
and other matters protected by constitutional, statutory, or common
law provisions, shall be excluded from the personnel files for
purposes of this section.

      Article 7.  Relation to Other Trial Court Statutes

   71670.  Nothing in this chapter shall be construed to affect the
provisions of the Brown-Presley Trial Court Funding Act (Chapter 13
(commencing with Section 77000) of Title 8) or to impose upon the
Judicial Council or the state any obligation to make an allocation to
a trial court to fund expenses or obligations incurred by the trial
court pursuant to this chapter.
   71671.  Notwithstanding any other provision of law, each trial
court employee shall have the protections provided for in Article 5
(commencing with Section 71650) of this chapter, except as otherwise
provided by this chapter.
   71672.  Notwithstanding any other provision of law, each trial
court employee shall be entitled to such benefits as are provided for
in Article 2 (commencing with Section 71620) of this chapter.
   71673.  Notwithstanding any other provision of law, the trial
court may exercise the authority and power granted to it pursuant to
Article 2 (commencing with Section 71620) of this chapter, including,
but not limited to, the authority and power to establish job
classifications, to appoint such employees as are necessary, to
establish salaries for trial court employees, and to arrange for the
provision of benefits for trial court employees, without securing the
approval or consent of the county or the board of supervisors, and
without requiring any further legislative action, except as otherwise
provided by this chapter.
   71674.  The California Law Revision Commission shall determine
whether any provisions of law are obsolete as a result of the
enactment of this chapter, the enactment of the Lockyer-Isenberg
Trial Court Funding Act of 1997 (Chapter 850 of the Statutes of
1997), or the implementation of trial court unification, and shall
recommend to the Legislature any amendments to remove those obsolete
provisions.  The commission shall report its recommendations to the
Legislature, including any proposed statutory changes, on or before
January 1, 2002.
  SEC. 15.   Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.