BILL NUMBER: AB 1744 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 5, 2010
AMENDED IN ASSEMBLY MARCH 25, 2010
INTRODUCED BY Assembly Member Portantino
FEBRUARY 8, 2010
An act to amend Section 19635 of, and to add Chapter 10.4
(commencing with Section 3524.1) to Division 4 of Title 1 of, the
Government Code, relating to public employees.
LEGISLATIVE COUNSEL'S DIGEST
AB 1744, as amended, Portantino. Public employees: rights.
The existing Bill of Rights for State Excluded Employees
prescribes various rights and terms and conditions of employment for
excluded employees, defined as certain supervisory, managerial, and
confidential state employees.
This bill would enact the Public Employees' Bill of Rights Act
that would apply to state employees other than excluded employees.
The stated purpose of this act would be to inform public employees of
their rights and terms of employment in order to promote harmonious
personnel relations between public employees and their employers.
This bill would, among other things, provide that state employees
shall be entitled to full salary and benefits earned for
work performed even when the annual Budget Act is not timely enacted
priority over excluded employees or
contractors in filling permanent, overtime, and on -
call positions . This bill would also authorize the
formation of peer review committees for professional staff to provide
input regarding workplace operations.
Existing law requires notice of any adverse action against any
state employee for any cause for discipline based on any civil
service law to be served within 3 years after the cause for
discipline, upon which the notice is based, first arose. Existing law
declares adverse action based on fraud, embezzlement, or the
falsification of records valid, if notice of the adverse action is
served within 3 years after the discovery of the fraud, embezzlement,
or falsification.
This bill would require notice of the adverse action to be served
and the investigation to be completed within one year after the cause
for discipline first arose in order for an adverse action to be
valid against any state employee for any cause for discipline based
on any civil service law of this state.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 10.4 (commencing with Section 3524.1) is added
to Division 4 of Title 1 of the Government Code, to read:
CHAPTER 10.4. PUBLIC EMPLOYEES' BILL OF RIGHTS ACT
3524.1. This chapter shall be known as the Public Employees' Bill
of Rights Act.
3524.2. The Legislature hereby finds and declares that the rights
and protections provided to public employees under this chapter
constitute a matter of important concern. The Legislature further
finds and declares that the efficient and effective administration of
public programs depends upon the maintenance of high morale and the
objective consideration of issues between public employees and their
employer.
3524.3. The purpose of this chapter is to inform public employees
of their rights and terms of employment, and to inspire dedicated
service and promote harmonious personnel relations between public
employees and their employer.
3524.4. For purposes of this chapter:
(a) "Contractor" means any person, other than a civil service
employee, who contracts to perform services for a state agency.
(b) "Employee" means a civil service employee, other than an
excluded employee, of the State of California.
(c) "Employer" includes all state agencies, boards ,
and commissions as may be designated by law that employ civil service
employees, with the exception of the University of California.
(d) "Excluded employee" means any of those employees described in
subdivision (b) of Section 3527.
(e) "Professional employee" means an employee described in Section
3521.5.
3524.5. (a) The employer shall provide to each employee at the
onset of his or her employment and at reasonable intervals, a
current, detailed, and accurate job description, including a complete
description of the scope of his or her duties, salary, and benefits
information.
(b) The work of the employee shall not be standardized in relation
to a given period of time, nor shall unreasonable quotas be imposed
on an employee.
(c) The employer shall not unreasonably prevent the employee from
using his or her daily rest and lunch periods as well as his or her
annual, vacation, sick, or other earned leaves. An employee shall be
paid a salary proportionate to the time base he or she is scheduled
to work.
(d) An employee may not be compelled to perform extra work,
including work caused by vacancies, furloughs, or layoffs, without
fair compensation.
(e) An employee shall enjoy priority in filling permanent,
overtime, and on call on-call positions
over excluded employees and contractors.
(f) County employees shall earn one and one-half times the regular
rate pay for overtime hours worked, upon approval by the board of
supervisors.
3524.6. Each employee shall have the right to a safe and healthy
working environment. Grievances relating to this right shall be given
a priority status.
3524.7. (a) Neither the employer, nor any of its excluded
employees or contractors, shall unlawfully discriminate against an
employee on the basis of age, sex, race, religion, creed, color,
national origin, ancestry, marital status, physical handicap, or
sexual orientation.
(b) There shall be no reprisals for any employee actions involving
exercise of rights under this section, in addition to the
protections afforded in the Ralph C. Dills Act (Chapter 10.3
(commencing with Section 3512)) and the California Whistleblower
Protection Act (Chapter 6.5 (commencing with Section 8547) of
Division 1 of Title 2). Employees shall be provided with a
confidential hotline to report waste, abuse of authority, and
violation of law or threat to public safety.
(c) An employee shall have the right to sue the employer for
damages for violations of the Americans with Disabilities Act, the
federal Age Discrimination in Employment Act, the federal Family and
Medical Leave Act, the California Family Rights Act, and the federal
Fair Labor Standards Act.
3524.8. (a) An employee is entitled to be fairly and
progressively disciplined for any deficient or inappropriate behavior
or job performance. The employer shall ensure that preventive and
corrective actions are taken before any adverse action is
administered in accordance with the current "Guide to Employee
Conduct and Discipline," or any successor publication, distributed by
the Department of Personnel Administration.
(b) Employers shall adhere to strict due process and periodic
written notice procedures while investigating employees. Those
investigations shall not ordinarily exceed the timeframe contained in
the original notice.
3524.9. (a) The employer shall ensure that full salary and
benefits will be paid to an employee for work done, even when the
Legislature has not timely passed the annual Budget Act for the
fiscal year in which the work is performed. The employer shall honor
the contractual pension arrangement made with the employee when he or
she leaves state service, regardless of the fiscal status of the
state agency for which the employee performed the work.
(b) An employee shall have the right to pursue employment outside
of state service.
3524.10. 3524.9. The employer shall
honor the Memorandum of Understanding (MOU) under which each
employee is covered. The employee is entitled to receive timely
responses from the employer in all areas covered by the MOU,
especially in response to complaints and grievances. Any grievance
filed by an employee shall be considered to have been resolved in
favor of the employee if any of the contractual timelines are
violated by the employer.
3524.11. 3524.10. (a) This section
shall apply to an employee who is required to maintain a professional
license to perform his or her work.
(b) An employee's professional judgment related to his or her work
and work product shall not be interfered with nor infringed upon by
nonprofessional or unlicensed employees or supervisors. An employee
shall not be required to perform work that could put his or her
professional license in jeopardy.
(c) Performance and merit evaluations shall include significant
input from a management or supervisory peer who has the same or a
higher professional status or license, as applicable, as that held by
the employee.
(d) If there are no professional staff employed by the employer, a
peer review committee shall be formed and authorized to have regular
input regarding the operation of the workplace.
(e) Professional staff and the respective bylaws of the
professional staff shall be recognized by the employer. Professional
staff shall have regular input regarding the operation of the
workplace.
(f) Professional employees named in lawsuits as codefendants along
with the employer and the state shall have the right to
representation. These employees shall enjoy all the same rights
afforded to all legal clients, including the right to be informed of
a settlement by the state. If there is a conflict of interest between
the employee and the state as codefendants, the state shall provide
independent counsel for the employee.
SEC. 2. Section 19635 of the Government Code is amended to read:
19635. No adverse action shall be valid against any state
employee for any cause for discipline based on any civil service law
of this state, unless notice of the adverse action is served and the
investigation is completed within one year after the cause for
discipline, upon which the notice is based, first arose.