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LEGISLATIVE COUNSEL'S DIGEST

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5
E

BilI No.
as introduced. Dickinson-

Gencral Subject Public employccs: rights'

The existing Bill of Rights for State Excluded Employees prcscribes various

rights and temrs arrd conditions of employment for excluded employces, defined certain superv'lsory mauagcrial, and confidential state employees.

as

l'his bill urould enactthe Puhlic Employees'Bill of Rights Act that would apply
to state employecs otherthan excluded employces. The stntedpurpose ofthis actwould
he to infornr public employees of their rights and tenns of employmcnt in ordor to prcmote harmonious pcrsonnel relations between public employccs and their employers.

This bill would, among othcr things, provide that state employees shall bc entitled to

priority over exr:luded employees or conkactors in filling pcrmanent overtime,

and

ou-call positiorLrs- This hill would also authorize the formation ofpeerreview committees

for profcssional staff to pr ovide input

re

garding workplace operntion.s

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Exrstrng law rcquires notice of any adverse action against any state employee

for any cause

1'or

discipline bascd ou

flTry

civil service law to be served within

3 years

aller thc cause firr tlisciplinc, upon which thc noticc is based, fimt atose. Existing law
provides that nn adversc action based 0n fraud. embezzlement, or thc falsification

of

records is valicl il:notice ofthe adveroe action is served wilhin 3 years afterthe discovely

E=EE EEE t E t

sf the fraud, erinlhezzlemenl or falsificatiou.

This bill vrould require notice of the adv$rsc action to be served and the investigation to be completed withiu one yEitr after the sau$c for discipline first arose in order for an adverse action to be valid against any statc employee for any causc for discipline hassd on any civil serwice law of this state.
Votc: mirjority- Appropriatioru no. f iscal committee: yes. State-mandatedlocal program: n0-

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ta

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H.tffHORI[I

CO'EU
o{
and to add Chapter 10.4 (commencing
q F

An act to ameird Section 19635

rvith Section 3524.1) to Division 4 of Title I of the Goverumcnt Code,

relating to public employees.

-t

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PAGE 2

THE PEOPI-E OF THE STATE OF CALIFORNIA DO EI-TACT AS FOLLOWS:

SECTION

t.

Cliapter 10.4 (conxnencing with Seution 3524.1) is added to

Division 4 of l'itle 1 of the G(tvernment Code, to read:

(llrnprnn 10.4. Puslrc Euplovnn$' BIr,l, or RlsHrs Ac'r

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J d

o
u

1j14.t.
Act35?,4.?-

lthis chapter shall bE known as the Puhlic Employees'Eill of Rights

the Logislature hereby finds and declares

that the rights arrd protections

a

provided to pub).ic employees under this chapter coffititutc

matter of important

concem- The Legirlature further finds and declares that the elfiuient and effective

administration. c,f puhlic pro$ilms depends upon the maintenance of high morale and the ohjcctive co;nsideration of issues hetween public employees and their employer-

i5Z4-3. lthu purpose of this chaptrr

is to inform public employees uf thcir nghts

and terms of errLployment, arrd to inspire dedicated seruicc and prornote harmonious

personnel relatirlns hetween public employees and their employer.

1524.4. For

PurPoses of this chaPter:

(a) "Coulrastor" mtrflrts flny per$orr, other than a civil service employee, who oolltrflcts to pr:rform services for a state agency(b) "Errip.Loyee" rrean$
a

civil service employee, other than an encluded employee,

of the State ot California.

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(c) "EmprlCryer" includes all Statc agencies, boards, and commissions

designated by larv that employ

aS

may bc

civil service employees, with thc exception of the

University of (la.lifornia(rI) .,Excl.urled employce" meafls arry ofthose employees descrihed in subdivisiolr

(b) of Section l]527.

(e) "Prolerrsional employee" mcafls an employee descnbed in Scction 3521-5.
-I
d

tfi
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3524.5. (rr) The emplnyer shall provide to eaoh employee at the onsct of his or
her employmellr and at r+asonable intervals, a culTonl detailed, and accurate job description, in,ltrrding a complete dcscription of the scoPe of his or her duties, salary,
and bcneflts information.

(b) The ,work of the employeu shall not be standardized in relation to a given

period of time, ancl ruucasonable quotas shall not bc imposed oil an employee.
(c) The Ernploytrr shall not unreasonably prevent the employee from using his
or hcr daily relit and lunch pcriods as

wcll

as

his or her anrual, vacation, sick, or other

earned leavss- An employee shall be paid a salary proportiorlate to the timc base he or she is scheduk:d to work.

(d) An e;rriployee shall not he compelled to perform exka wotk, including work
caused by vac,mcics, furloughs, or layoffs, without firir tompcnsation. (e) An eff,ployee shall enjoy

priority iu filling pcnnanent, overtime,

and on-call

positions over cxcluded employees and confuactors.

3524.6.

.Each cmployee shall have the

nght to a safe and healthy working

Er1ironmerrt. G;ricvanoes relating to this riglrt shall he given a priority $tatus.

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3524.7.

(a')

Neither the emproyer, nor any of its excrucled employees or

conkactors, shall i:nlawfully discriminate against an employee on the basis of age, sex, race, religion, cfcrrd, cotor, national origin, ancestry, mzuital stafus, physical handicap, or sexual orientailon.
EE r:J
E

(b) There shall he no reprisals for any employee acrions involving exercise of rigltts under this t;ection, in addition to thc protection.r afforded in the Ralph c. Dills Act (Chaptcr lc''3 (commencing with section 3512)) and the californiawhisrleblower Protection Aot (Chapter 6.5 (oommcucing with section g54T) of r)ivision I of Titlc 2)' Employees shall be provided with a confidential hotline to report waste, abuse of authority, and r,'icrlatiorr of law or thrcat to public safety.
(c) An ernJrloyee shall have the right to flre the employer for damages for violations of the'{mericans with Disabilities Act, the fcderal Age Discrimination in EmploymentAct, thc federal Family and Meclical Leave Act, the califorrria Family Rights Act, anclthe federal Fair Labor Standards Act.

-tr -:!EE--i

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3524'8'

(;r)

disciplined for any deficierrt or inappropriate behavior job or perforrnance. The employer shall Erl$ure that preve ntive and corrcctive actions are taken
hefore any adverse actiort is administcrcd

/tn employee is cntitled to he fairly and prcrp;rcssively

i,

accordance with the current .,Guide to Emproyee couduct and

f)iscipline'o' or alry successor publication, distributert by thc Departrnent of personnel Admiuistration.

(b) Ernploycrs shall adhere to strict due process and periodic wrifien notice procedurcs whilr-'investigating employees. Thosc investigations shall not orclinarily
exceed the rimcfiame contained in the original notice.

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(MOU) 1SZ4.g. The employer shall honor the memorandum of understanding

ontitlcd to teccive timely undcr which eactL sruployee is covsrcd, The employee is
rEEporrscs

frorn tlre employer irr all areas covercd by the MOU, espccially in response

shall be considered to complaints and grievances. Any grievance filed by an employee

to have been resc,lved in favor of the employee violated hY the ernPloYer.

if any sf the contractual timelines are

e @I G E

3524.10.
a

(,a)

This scctiorr shall applyto an cmployee who is required to maintain to perform his or her work'

professional

Licrense

E :=::-

.i fl

(h) Ax om.ployee's professional judgment related to his or her work and work product shall n,ot be interfered with and shall not be inlringcd upon by nonprofessional

perform or unlicensed em.ployecs or supervisors. Atr employee shall not he required to work that coul,l put his or her professional license in jeopardy(c) perfcrnnance and merit evaluations shall include significant input from a ffianagement or r;upervisory peer who has the same or a higher prnfessioual status or license, as applit:ablc, as that hekl by the employee"

(d) If therrl are no professional ttaffemployed by the cmployer, a pctrr review

committee shatl he formed and authorized to have regular input regarding the operation

of thc worhala.ce.
(e) Proftssional staffand the rcspective bylaws of tlre professional staffshall he

recognized by tfie employer. Prolessional staff shall have regular input regarding tttc operation of the workPlace.
(f1 profilssional cmployees named in lawsuits as codefendants along with the

employer and ttLe state shall have the right to reprcsentation. These employccs shall

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all thtr sarnr' rights afforded to all legal clients, including the right to he informed
b5r

of n settlement
the
statCI as

the state^ If therc is a conflict of interest between the employce antl

employe e' codefrmdants, the state shall providc independent cor.nscl for the

SEC.

2.

Section 19635 of the Government Codc is amended to read:

'Nr adverse action shall be valid against any state employee for any 19635.
cause for discilrline ba*sed on any adverse action is served

-it

civil service law of this state, ulless notiee of the

tiE=:-tl il

onelEar aftr:r the sausc f-or discipline, upon which the notice is hased, flrst arose-

-r

*rt+a*gr;+mU'x@ion
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