BILL NUMBER: AB 385	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 26, 2007

INTRODUCED BY   Assembly Member Ruskin

                        FEBRUARY 15, 2007

   An act to add Section 19826.7 to the Government Code, relating to
public employees.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 385, as amended, Ruskin. Public employees: salaries:
professional scientists.
   Existing law requires the Department of Personnel Administration
to establish and adjust salary ranges for each class of position in
the state civil service subject to any merit limits contained in
Article VII of the California Constitution. Accordingly, the
department represents the Governor and presents the state's
management position in negotiations with recognized employee
organizations representing state employees.
   At least 6 months before the end of the term of an existing
memorandum of understanding or immediately upon the reopening of
negotiations under an existing memorandum of understanding, existing
law requires the department to submit to the parties involved and the
Legislature, a report containing the department's findings relating
to the salaries of employees in comparable occupations in private
industry and other governmental agencies.
   This bill would instead require the Department of Personnel
Administration and the exclusive representative of State Bargaining
Unit 10 to jointly survey  annually the salaries of
comparable occupations   , one year prior to the
expiration of a ratified collective bargaining agreement between
State Bargaining Unit 10 and the state, the total compensation for
comparable services  in other public agencies, as specified.
 On or before January 10 of each year.  The bill
would  then  require the department  , upon
completion of the survey,  to submit a report to the Legislature
containing the survey's findings, and would declare the policy of
the state to consider comparable salaries prior to making salary
recommendations.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 19826.7 is added to the Government Code, to
read:
   19826.7.  (a) In lieu of the report required under subdivision (c)
of Section 19826, the department and the exclusive representative
for State Bargaining Unit 10 shall jointly survey  annually
  , one year prior to the expiration of a ratified
collective bargaining agreement between State Bargaining Unit 10 and
the state,  and calculate the estimated average total
compensation based on projected average total compensation for
comparable services in other public agencies as of July 1 of the
fiscal year in which the survey is conducted. The state and the
exclusive representative for State Bargaining Unit 10 shall meet and
confer in good faith pursuant to the Ralph C. Dills Act (Chapter 10.3
(commencing with Section 3512) of Division 4 of Title 1) regarding
survey methodology consistent with this section. The survey shall
 be completed on or before January 10 each year and shall
 contain comparable occupations or benchmark classes in
California cities, counties, and special districts, the University of
California, the California State University, and similar
classifications in state government and the federal government. For
survey comparison purposes, each State Bargaining Unit 10
classification shall be placed into one of the following categories:
Environmental Scientist Range C, Chemist Range C, Associate
Geologist, Research Scientist III and IV, Associate Industrial
Hygienist, and Associate Health Physicist.  On or before
January 10 of each year   Upon completion of the survey
 , the department shall submit to the Legislature a report
containing the survey's findings related to the salaries of employees
in comparable occupations in the other public sector agencies.
   (b) In order for the state to recruit and retain highly skilled
and educated professional scientists and to recognize the vital role
these employees serve within state government, it is the policy of
the state to consider comparable salaries prior to making salary
recommendations.
   (c) In order to provide comparability in pay for professional
scientists in State Bargaining Unit 10, the department shall take
into consideration the salary of other scientists in public
employment as contained in the  annual  report
prepared pursuant to this section.