Today's Law As Amended


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AB-872 Public employees: rights.(2013-2014)



As Amends the Law Today


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. The Safety Accountability Fairness and Efficiency Act for Public Employees
3524.1.
 This chapter shall be known as the Safety Accountability Fairness and Efficiency Act for Public Employees or as the S.A.F.E. Act for Public Employees.
3524.2.
 The Legislature hereby finds and declares that the responsibilities and rights of public employees under this chapter constitute a matter of great concern. The Legislature further finds and declares that the accountability and efficiency of public programs depends upon, among other things, a safe and fair working relationship between public employees and their employer.
3524.3.
 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) “Professional employee” means an employee described in Section 3521.5.
3524.4.
 Each employee shall have the right to a safe and healthy working environment. Grievances relating to this right shall be given a priority status.
3524.5.
 (a) The employer shall honor any memorandum of understanding (MOU) under which each employee is covered.
(b) The work of the employee shall not be standardized in relation to a given period of time, and unreasonable quotas shall not be imposed on an employee.
3524.6.
 No contractor shall enjoy priority in filling permanent, overtime, or on call positions over public employees if the duties of that position can be performed more economically by the state employee.
3524.7.
 (a) This section applies to an employee who is required to maintain a professional license to perform his or her work.
(b) A professional employee shall not be required to perform work that could put his or her professional license in jeopardy.
3524.8.
 If there are no professional management staff employed by the employer, a peer review committee shall be formed and authorized to have regular input regarding the operation of the workplace.

SEC. 2.

 Section 19635 of the Government Code is amended to read:

19635.
 No (a)  Except as provided in subdivision (b), 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 within three years and the investigation is completed within one year  after the cause for discipline, upon which the notice is based, first arose. Adverse action based on fraud, embezzlement, or the falsification of records shall be valid, if notice of the adverse action is served within three years after the discovery of the fraud, embezzlement, or falsification. discipline is discovered. 
(b) Adverse action based on fraud, embezzlement, or the falsification of records shall be valid, if notice of the adverse action is served within three years after the discovery of the fraud, embezzlement, or falsification.