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AB-22 State employment.(2017-2018)

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Date Published: 04/17/2017 09:00 PM
AB22:v98#DOCUMENT

Corrected  May 11, 2017
Amended  IN  Assembly  April 17, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 22


Introduced by Assembly Member Bonta

December 05, 2016


An act to amend Sections 1028, 1028.1, and 1028.2 of, and to repeal Section 1027.5 of, the Government Code, relating to state employees.


LEGISLATIVE COUNSEL'S DIGEST


AB 22, as amended, Bonta. State employees: memorandum of understanding. employment.
Existing law provides that a public employee may be dismissed from employment if he or she advocates or is knowingly a member of the Communist Party or of an organization which, during the time of his or her membership, the employee knows advocates the overthrow of the Government of the United States or of any state by force or violence.
This bill would delete the reference to the Communist Party in the provision described above.
Existing law requires a public employee, if subpoenaed or ordered, to appear before the governing body of the agency that he or she is employed by, before a committee or subcommittee of Congress, or before a committee or subcommittee of the Legislature, and to answer, under oath, specified questions, including questions related to knowing membership in the Communist Party.
This bill would delete references to the Communist Party in this requirement. The bill would also repeal related findings and declarations of the Legislature regarding communism and the Communist Party.

Existing law provides that a provision of a memorandum of understanding reached between the state employer and a recognized employee organization representing state civil service employees that requires the expenditure of funds does not become effective unless approved by the Legislature in the annual Budget Act.

This bill would approve provisions of a memorandum of understanding entered into between the state employer and an unspecified bargaining unit that require the expenditure of funds, and would provide that these provisions will become effective even if these provisions are approved by the Legislature in legislation other than the annual Budget Act.

The bill would provide that provisions of the memorandum of understanding approved by this bill that require the expenditure of funds will not take effect unless funds for those provisions are specifically appropriated by the Legislature, and would require the state employer and the affected employee organization to meet and confer to renegotiate the affected provisions if funds for those provisions are not specifically appropriated by the Legislature.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YESNO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 1027.5 of the Government Code is repealed.
1027.5.

The Legislature of the State of California finds that:

(a)There exists a world-wide revolutionary movement to establish a totalitarian dictatorship based upon force and violence rather than upon law.

(b)This world-wide revolutionary movement is predicated upon and it is designed and intended to carry into execution the basic precepts of communism as expounded by Marx, Lenin, and Stalin.

(c)Pursuant to the objectives of the world communism movement, in numerous foreign countries the legally constituted governments have been overthrown and totalitarian dictatorships established therein against the will of the people, and the establishment of similar dictatorships in other countries is imminently threatening. The successful establishment of totalitarian dictatorships has consistently been aided, accompanied, or accomplished by repeated acts of treachery, deceit, teaching of false doctrines, teaching untruth, together with organized confusion, insubordination, and disloyalty, fostered, directed, instigated, or employed by communist organizations and their members in such countries.

(d)Within the boundaries of the State of California there are active disciplined communist organizations presently functioning for the primary purpose of advancing the objectives of the world communism movement, which organizations promulgate, advocate, and adhere to the precepts and the principles and doctrines of the world communism movement. These communist organizations are characterized by identification of their programs, policies, and objectives with those of the world communism movement, and they regularly and consistently cooperate with and endeavor to carry into execution programs, policies and objectives substantially identical to programs, policies, and objectives of such world communism movement.

(e)One of the objectives of the world communism movement is to place its members in state and local government positions and in state supported educational institutions. If this objective is successful, propaganda can be disseminated by the members of these organizations among pupils and students by those members who would have the opportunity to teach them and to whom, as teachers, they would look for guidance, authority, and leadership. The members of such groups would use their positions to advocate and teach their doctrines and teach the prescribed Communist Party line group dogma or doctrine without regard to truth or free inquiry. This type of propaganda is sufficiently subtle to escape detection.

There is a clear and present danger, which the Legislature of the State of California finds is great and imminent, that in order to advance the program, policies and objectives of the world communism movement, communist organizations in the State of California and their members will engage in concerted effort to hamper, restrict, interfere with, impede, or nullify the efforts of the State and the public agencies of the State to comply with and enforce the laws of the State of California and their members will infiltrate and seek employment by the State and its public agencies.

SEC. 2.

 Section 1028 of the Government Code is amended to read:

1028.
 It shall be sufficient cause for the dismissal of any public employee when such if that public employee advocates or is knowingly a member of the Communist Party or of an organization which that, during the time of his or her membership in that organization, he knows advocates or she knew that the organization advocated the overthrow of the Government of the United States or of any state by force or violence.

SEC. 3.

 Section 1028.1 of the Government Code is amended to read:

1028.1.
 It shall be the duty of any (a) A public employee who may be subpenaed is subpoenaed or ordered by the governing body of the state or local agency by which such that the employee is employed, employed at to appear before such that governing body, or a committee or subcommittee thereof, or by a duly authorized committee of the Congress of the United States or of the Legislature of this State, state, or any subcommittee of any such committee, to appear before such that committee or subcommittee, and to shall appear before that governing body, committee, or subcommittee, and shall answer under oath a question or questions any question propounded by such that governing body, committee committee, or subcommittee, or a member or counsel thereof, relating to: that relates to any of the following:

(a)

(1) Present personal advocacy by the employee of the forceful or violent overthrow of the Government of the United States or of any state.

(b)

(2) Present knowing membership in any organization now advocating the forceful or violent overthrow of the Government of the United States or of any state.

(c)

(3) Past knowing membership at any time since October 3, 1945, in any organization which, to the knowledge of such that employee, during the time of the employee’s membership membership in that organization, advocated the forceful or violent overthrow of the Government of the United States or of any state.

(d)

(4) Questions as to present knowing membership of such the employee in the Communist Party or as to past knowing membership in the Communist Party at any time since October 3, 1945. in any organization that, during the time of his or her membership in that organization, he or she knew that the organization advocated the forceful or violent overthrow of the Government of the United States or of any state.

(e)

(5) Present personal advocacy by the employee of the support of a foreign government against the United States in the event of hostilities between said foreign government and the United States.

Any

(b) Any employee who fails or refuses to appear or to answer under oath on any ground whatsoever any such questions so propounded question described in subdivision (a) shall be guilty of insubordination and guilty of violating this section and shall be suspended and dismissed from his or her employment in the manner provided by law.

SEC. 4.

 Section 1028.2 of the Government Code is amended to read:

1028.2.
 Sections 1027.5, 1028.1, and 1028, 1028 and 1028.1, added by Chapter 1418 of the Statutes of 1947, are not applicable to school district employees. It is the intent of the Legislature that the Education Code shall apply to such employees.

SECTION 1.

The Legislature finds and declares that the purpose of this act is to approve an agreement entered into by the state employer and State Bargaining Unit ____ pursuant to Section 3517.5 of the Government Code.

SEC. 2.

The provisions of the memorandum of understanding prepared pursuant to Section 3517.5 of the Government Code and entered into by the state employer and State Bargaining Unit ____, dated ____, and that require the expenditure of funds, are hereby approved for the purposes of subdivision (b) of Section 3517.6 of the Government Code.

SEC. 3.

The provisions of the memorandum of understanding approved by Section 2 of this act that require the expenditure of funds shall not take effect unless funds for these provisions are specifically appropriated by the Legislature. If funds for these provisions are not specifically appropriated by the Legislature, the state employer and the affected employee organization shall meet and confer to renegotiate the affected provisions.

SEC. 4.

Notwithstanding Section 3517.6 of the Government Code, the provisions of the memorandum of understanding included in Section 2 of this act that require the expenditure of funds shall become effective even if the provisions of the memorandum of understanding are approved by the Legislature in legislation other than the annual Budget Act.

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CORRECTIONS:
Digest—Pages 1 and 2.
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