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AB-1472 Meyers-Milias-Brown Act: public employees: Ventura County physicians. (2021-2022)

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Date Published: 02/20/2021 04:00 AM


Assembly Bill
No. 1472

Introduced by Assembly Member Nazarian

February 19, 2021

An act to amend Section 3501 of the Government Code, relating to public employment.


AB 1472, as introduced, Nazarian. Meyers-Milias-Brown Act: public employees: Ventura County physicians.
Under the Meyers-Milias-Brown Act (MMBA), employees of local public agencies have the right to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations. The MMBA authorizes a local public agency to adopt reasonable rules and regulations after consultation in good faith with representatives of a recognized employee organization or organizations for the administration of employer-employee relations under the act. The Public Employment Relations Board (PERB) has jurisdiction over certain disputes arising pursuant to the MMBA.
The MMBA defines “public employee” to mean any person employed by a public agency, in addition to other specified employees, except as specified.
This bill would revise the definition of “public employee” for the purpose of the act to also include any physician employed solely or jointly by the County of Ventura.
This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Ventura.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


 Section 3501 of the Government Code is amended to read:

 As used in this chapter:
(a) “Employee organization” means either of the following:
(1) Any organization that includes employees of a public agency and that has as one of its primary purposes representing those employees in their relations with that public agency.
(2) Any organization that seeks to represent employees of a public agency in their relations with that public agency.
(b) “Recognized employee organization” means an employee organization which has been formally acknowledged by the public agency as an employee organization that represents employees of the public agency.
(c) Except as otherwise provided in this subdivision, “public agency” means every governmental subdivision, every district, every public and quasi-public corporation, every public agency and public service corporation and every town, city, county, city and county and municipal corporation, whether incorporated or not and whether chartered or not. As used in this chapter, “public agency” does not mean a school district or a county board of education or a county superintendent of schools or a personnel commission in a school district having a merit system as provided in Chapter 5 (commencing with Section 45100) of Part 25 and Chapter 4 (commencing with Section 88000) of Part 51 of the Education Code or the State of California.
(d) (1) “Public employee” means any person employed by any public agency, including employees of the fire departments and fire services of counties, cities, cities and counties, districts, and other political subdivisions of the state, excepting those persons elected by popular vote or appointed to office by the Governor of this state.
(2) “Public employee” also includes any physician employed solely or jointly by the County of Ventura.
(e) “Mediation” means effort by an impartial third party to assist in reconciling a dispute regarding wages, hours and other terms and conditions of employment between representatives of the public agency and the recognized employee organization or recognized employee organizations through interpretation, suggestion and advice.
(f) “Board” means the Public Employment Relations Board established pursuant to Section 3541.

SEC. 2.

 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique need of the County of Ventura to offer patient care through county facilities. Representing physicians along with county employees is necessary to promote a more stable care environment for patients needing quality health care and continuity of care.