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AB-2970 Public employees: new employee orientations.(2017-2018)

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Date Published: 05/03/2018 09:00 PM
AB2970:v97#DOCUMENT

Amended  IN  Assembly  May 03, 2018
Amended  IN  Assembly  March 20, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2970


Introduced by Assembly Member Cooper

February 16, 2018


An act to amend Section 3556 of the Government Code, relating to public employment.


LEGISLATIVE COUNSEL'S DIGEST


AB 2970, as amended, Cooper. Public employees: new employee orientations.
(1) Existing law generally requires state and local public employers that conduct new employee orientations to provide the exclusive representative of those employees access to the orientation. Existing law requires the exclusive representative to receive at least 10 days’ notice in advance of an orientation and requires that the structure, time, and manner of exclusive representative access shall be determined through mutual agreement between the employer and the exclusive representative, subject to specified requirements.
This bill would require that the date, time, and place of the orientation be confidential and not be shared with anyone other than employees or employees, the exclusive representative. representative, or a vendor that is contracted to provide a service for purposes of the orientation.
(2) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 3556 of the Government Code is amended to read:

3556.
 Each public employer described in subdivision (a) of Section 3555.5 shall provide the exclusive representative mandatory access to its new employee orientations. The exclusive representative shall receive not less than 10 days’ notice in advance of an orientation, except that a shorter notice may be provided in a specific instance where there is an urgent need critical to the employer’s operations that was not reasonably foreseeable. The structure, time, and manner of exclusive representative access shall be determined through mutual agreement between the employer and the exclusive representative, subject to the requirements of Section 3557. The date, time, and place of the orientation shall not be disclosed in advance of the orientation to anyone other than employees or employees, the exclusive representative. representative, or a vendor that is contracted to provide a service for purposes of the orientation.

SEC. 2.

 The Legislature finds and declares that Section 1 of this act, which amends Section 3556 of the Government Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
This act balances the right of the public to access writings of public agencies while protecting the privacy of employees.

SEC. 3.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.