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



Current Version: 04/08/13 - Amended Assembly Compare Versions information image


AB872:v98#DOCUMENT

Amended  IN  Assembly  April 08, 2013

CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Assembly Bill
No. 872

Introduced by Assembly Member Dickinson

February 22, 2013

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 872, as amended, Dickinson. Public employees: rights.
Existing law, the Dills Act, includes various provisions governing state employer-employee relations. In addition, 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 Safety Accountability Fairness and Efficiency Act for Public Employees (the S.A.F.E. Act for Public Employees) that would apply to state employees. This bill would, among other things, require each employer to maintain or create a joint labor-management committee, and to honor the memorandum of understanding under which each employee is covered. The bill would also prohibit the standardization of work required within a specified period of time, and would prohibit employees from holding additional paid positions within state service. This bill would also require the formation of peer review committees for professional staff to provide input regarding workplace operations, as specified.
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 provides that an adverse action based on fraud, embezzlement, or the falsification of records is valid if notice of the adverse action is served within 3 years after the discovery of the fraud, embezzlement, or falsification.
This bill would instead require, except as specified, notice of the an adverse action against a state employee for a cause of disipline based on any civil service law of the state to be served and the investigation to be completed within one year after the cause for discipline was first arose discovered in order for an the adverse action to be valid against any the state employee for any cause for discipline based on any civil service law of this state.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   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. 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.

Each employer shall maintain or create a joint-labor management committee.

3524.6.

No full time employee shall hold any additional paid position within state service.

3524.7.3524.5.
 (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.

3524.8.3524.6.
 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.

3524.9.3524.7.
 (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.

3524.10.3524.8.
 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 and the investigation is completed within one year after the cause for 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.