assembly bill 1655

8/3/2019 Assembly Bill 1655

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BilI No.as introduced. Dickinson-Gencral Subject Public employccs: rights'

The existing Bill of Rights for State Excluded Employees prcscribes variousrights and temrs arrd conditions of employment for excluded employces, defined ascertain superv'lsory mauagcrial, and confidential state employees.

l'his bill urould enactthe Puhlic Employees'Bill of Rights Act that would applyto state employecs otherthan excluded employces. The stntedpurpose ofthis actwouldhe to infornr public employees of their rights and tenns of employmcnt in ordor toprcmote harmonious pcrsonnel relations between public employccs and their employers.This bill would, among othcr things, provide that state employees shall bc entitled topriority over exr:luded employees or conkactors in filling pcrmanent overtime, andou-call positiorLrs- This hill would also authorize the formation ofpeerreview committeesfor 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 employeefor any cause 1'or discipline bascd ou flTry civil service law to be served within 3 yearsaller thc cause firr tlisciplinc, upon which thc noticc is based, fimt atose. Existing lawprovides that nn adversc action based 0n fraud. embezzlement, or thc falsification ofrecords is valicl il:notice ofthe adveroe action is served wilhin 3 years afterthe discovelysf the fraud, erinlhezzlemenl or falsificatiou.

This bill vrould require notice of the adv$rsc action to be served and theinvestigation to be completed withiu one yEitr after the sau$c for discipline first arosein order for an adverse action to be valid against any statc employee for any causc fordiscipline hassd on any civil serwice law of this state.

Votc: mirjority- Appropriatioru no. f iscal committee: yes. State-mandatedlocalprogram: n0-

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(c) "EmprlCryer" includes all Statc agencies, boards, and commissions aS may bcdesignated by larv that employ civil service employees, with thc exception of theUniversity 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 3521-5.3524.5. (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 jobdescription, 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 givenperiod of time, ancl ruucasonable quotas shall not bc imposed oil an employee.

(c) The Ernploytrr shall not unreasonably prevent the employee from using hisor hcr daily relit and lunch pcriods as wcll as his or her anrual, vacation, sick, or otherearned leavss- An employee shall be paid a salary proportiorlate to the timc base he orshe is scheduk:d to work.

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

(e) An eff,ployee shall enjoy priority iu filling pcnnanent, overtime, and on-callpositions over cxcluded employees and confuactors.

3524.6. .Each cmployee shall have the nght to a safe and healthy workingEr1ironmerrt. 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 orconkactors, 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.

(b) There shall he no reprisals for any employee acrions involving exercise ofrigltts under this t;ection, in addition to thc protection.r afforded in the Ralph c. DillsAct (Chaptcr lc''3 (commencing with section 3512)) and the californiawhisrleblowerProtection Aot (Chapter 6.5 (oommcucing with section g54T) of r)ivision I of Titlc2)' Employees shall be provided with a confidential hotline to report waste, abuse ofauthority, and r,'icrlatiorr of law or thrcat to public safety.

(c) An ernJrloyee shall have the right to flre the employer for damages forviolations of the'{mericans with Disabilities Act, the fcderal Age Discrimination inEmploymentAct, thc federal Family and Meclical Leave Act, the califorrria FamilyRights Act, anclthe federal Fair Labor Standards Act.3524'8' (;r) /tn employee is cntitled to he fairly and prcrp;rcssively disciplinedfor any deficierrt or inappropriate behavior or job perforrnance. The employer shallErl$ure that preve ntive and corrcctive actions are taken hefore any adverse actiort isadministcrcd i, accordance with the current .,Guide to Emproyee couduct andf)iscipline'o' or alry successor publication, distributert by thc Departrnent of personnelAdmiuistration.

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

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1SZ4.g. The employer shall honor the memorandum of understanding (MOU)undcr which eactL sruployee is covsrcd, The employee is ontitlcd to teccive timelyrEEporrscs frorn tlre employer irr all areas covercd by the MOU, espccially in responseto complaints and grievances. Any grievance filed by an employee shall be consideredto have been resc,lved in favor of the employee if any sf the contractual timelines areviolated hY the ernPloYer.

3524.10. (,a) This scctiorr shall applyto an cmployee who is required to maintaina professional Licrense to perform his or her work'

(h) Ax om.ployee's professional judgment related to his or her work and workproduct shall n,ot be interfered with and shall not be inlringcd upon by nonprofessionalor unlicensed em.ployecs or supervisors. Atr employee shall not he required to performwork that coul,l put his or her professional license in jeopardy-

(c) perfcrnnance and merit evaluations shall include significant input from affianagement or r;upervisory peer who has the same or a higher prnfessioual status orlicense, as applit:ablc, as that hekl by the employee"

(d) If therrl are no professional ttaffemployed by the cmployer, a pctrr reviewcommittee shatl he formed and authorized to have regular input regarding the operationof thc worhala.ce.

(e) Proftssional staffand the rcspective bylaws of tlre professional staffshall herecognized by tfie employer. Prolessional staff shall have regular input regarding tttcoperation of the workPlace.

(f1 profilssional cmployees named in lawsuits as codefendants along with theemployer and ttLe state shall have the right to reprcsentation. These employccs shall

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*joy all thtr sarnr' rights afforded to all legal clients, including the right to he informedof n settlement b5r the state^ If therc is a conflict of interest between the employce antlthe statCI as codefrmdants, the state shall providc independent cor.nscl for the employe e'

SEC. 2. Section 19635 of the Government Codc is amended to read:19635. 'Nr adverse action shall be valid against any state employee for any

cause for discilrline ba*sed on any civil service law of this state, ulless notiee of theadverse action is servedonelEar aftr:r the sausc f-or discipline, upon which the notice is hased, flrst arose-

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assembly bill 1655

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