DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000. - 3599.84.]
Division 4 enacted by Stats. 1943, Ch. 134.
§§ 1000–3599.84 · 608 sections
CHAPTER 1. General §§ 1000–1241 · 129 sections
ARTICLE 1. Classification of Officers §§ 1000–1001 · 2 sections
ARTICLE 2. Disqualifications for Office or Employment §§ 1020–1044 · 28 sections
- § 1020 (a) A person is eligible to hold an elective civil office if, at the time of election, the person is 18 years of age and a citizen of the state. (b)…
- § 1020.5 (a) Notwithstanding Section 1020 or any other provision of law, no person shall be incapable of holding any office in a youth services bureau solely by reason…
- § 1021 A person is disqualified from holding any office upon conviction of designated crimes as specified in the Constitution and laws of the State.
- § 1021.5 (a) If a public employee is convicted of any felony involving accepting or giving, or offering to give, any bribe, conflict of interest, the embezzlement of…
- § 1021.6 (a) A city manager or city attorney, including an individual acting under contract with the city for those services, who is convicted of any felony set forth…
- § 1022 Other provisions respecting disqualification for particular offices are contained in the Constitution and in the laws concerning the various offices.
- § 1023 A person is ineligible to hold office or employment of any kind under the State, any county, city, district or other political or governmental unit of the…
- § 1024 Any person who holds any office or employment under the state or any county, city, district or other political or governmental unit of the state and who has…
- § 1026 Every person who exercises the duties of any office in violation of the provisions of this article relative to oaths, and every person who knowingly appoints…
- § 1027 Every person who exercises the duties of any employment in violation of the provisions of this article relative to oaths, and every person who knowingly…
- § 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…
- § 1028 It shall be sufficient cause for the dismissal of any public employee when such public employee advocates or is knowingly a member of the Communist Party or of…
- § 1028.1 It shall be the duty of any public employee who may be subpenaed or ordered by the governing body of the state or local agency by which such employee is…
- § 1028.2 Sections 1027.5, 1028.1, and 1028, added by Chapter 1418 of the Statutes of 1947, are not applicable to school district employees. It is the intent of the…
- § 1029 (a) Except as provided in subdivision (b), (c), (d), or (e), each of the following persons is disqualified from holding office as a peace officer or being…
- § 1029.1 The Department of Corrections and the Department of the Youth Authority shall complete a background investigation, using as guidelines standards defined by the…
- § 1030 (a) A law enforcement agency shall require a peace officer or a prospective peace officer, as designated under Chapter 4.5 (commencing with Section 830) of…
- § 1031 Each class of public officers or employees declared by law to be peace officers shall meet all of the following minimum standards: (a) Be legally authorized to…
- § 1031.1 (a) For purposes of performing a thorough background investigation for applicants not currently employed as a peace officer, as required by subdivision (d) of…
- § 1031.2 Consistent with the Americans with Disabilities Act of 1990 (Public Law 101-336) and paragraph (3) of subdivision (e) of Section 12940, the collection of…
- § 1031.3 (a) The Commission on Peace Officer Standards and Training, by January 1, 2022, shall study, review, and update their regulations and associated screening…
- § 1031.4 (a) In addition to the standards in Section 1031, each state officer and employee designated as peace officers as described in Section 830.1, with the…
- § 1031.5 (a) (1) In addition to the standards in Section 1031, commencing January 1, 2031, each state officer and employee designated as a peace officer as described in…
- § 1040 (a) The Department of Motor Vehicles may require fingerprint images and associated information from an employee or prospective employee whose duties include or…
- § 1041 (a) (1) The Department of Managed Health Care may require fingerprint images and associated information from a prospective employee whose duties would include…
- § 1042 (a) (1) The California Gambling Control Commission may require fingerprint images and associated information from a prospective employee if the employee’s…
- § 1043 (a) (1) The executive board of the California Health Benefit Exchange, as established by Section 100500, shall, consistent with the federal Centers for…
- § 1044 (a) (1) A state entity or its designee shall conduct criminal background checks, as provided in this section, to comply with applicable federal requirements.…
ARTICLE 3. Residence Restrictions and Absence from State §§ 1060–1064 · 5 sections
- § 1060 The following officers shall keep their offices in the City of Sacramento: (a) The Governor. (b) Secretary of State. (c) Controller. (d) Treasurer. (e)…
- § 1061 The director of each department who is a member of the Governor’s council shall reside at Sacramento.
- § 1062 No state or municipal officer shall absent himself from the state for more than 60 days, unless either: (a) Upon business of the state, or the municipality,…
- § 1063 No officer of a county or judicial district shall absent himself from the state for more than 30 days unless either: (a) Upon business for the state, county or…
- § 1064 No member of the governing board of a school district or a community college district shall be absent from the state for more than 60 days, except in any of…
ARTICLE 4. Prohibitions Applicable to Specified Officers §§ 1090–1099 · 24 sections
- § 1090 (a) Members of the Legislature, state, county, district, judicial district, and city officers or employees shall not be financially interested in any contract…
- § 1090.1 No officer or employee of the State nor any Member of the Legislature shall accept any commission for the placement of insurance on behalf of the State.
- § 1091 (a) An officer shall not be deemed to be interested in a contract entered into by a body or board of which the officer is a member within the meaning of this…
- § 1091.1 The prohibition against an interest in contracts provided by this article or any other provision of law shall not be deemed to prohibit any public officer or…
- § 1091.2 Section 1090 shall not apply to any contract or grant made by local workforce investment boards created pursuant to the federal Workforce Investment Act of…
- § 1091.3 Section 1090 shall not apply to any contract or grant made by a county children and families commission created pursuant to the California Children and…
- § 1091.4 (a) As used in Section 1091, “remote interest” also includes a person who has a financial interest in a contract, if all of the following conditions are met:…
- § 1091.5 (a) An officer or employee shall not be deemed to be interested in a contract if his or her interest is any of the following: (1) The ownership of less than 3…
- § 1091.6 An officer who is also a member of the governing body of an organization that has an interest in, or to which the public agency may transfer an interest in,…
- § 1092 (a) Every contract made in violation of any of the provisions of Section 1090 may be avoided at the instance of any party except the officer interested…
- § 1092.5 Notwithstanding Section 1092, no lease or purchase of, or encumbrance on, real property may be avoided, under the terms of Section 1092, in derogation of the…
- § 1093 (a) The Treasurer and Controller, county and city officers, and their deputies and clerks shall not purchase or sell, or in any manner receive for their own or…
- § 1094 Every officer whose duty it is to audit and allow the accounts of other state, county, or city officers shall, before allowing such accounts, require each of…
- § 1095 Officers charged with the disbursement of public moneys shall not pay any warrant or other evidence of indebtedness against the State, county, or city when it…
- § 1096 Upon the officer charged with the disbursement of public moneys being informed by affidavit that any officer, whose account is about to be settled, audited, or…
- § 1097 (a) Every officer or person prohibited by the laws of this state from making or being interested in contracts, or from becoming a vendor or purchaser at sales,…
- § 1097.1 (a) The Commission shall have the jurisdiction to commence an administrative action, or a civil action, as set forth within the limitations of this section and…
- § 1097.2 (a) Upon the sworn complaint of a person or on its own initiative, the Commission shall investigate possible violations of Section 1090, as provided in Section…
- § 1097.3 (a) Subject to the requirements of Section 1097.1, the Commission may file a civil action for an alleged violation of Section 1090. A person held liable for…
- § 1097.4 In addition to any other remedies available, the Commission may obtain a judgment in superior court for the purpose of collecting any unpaid monetary…
- § 1097.5 (a) If the time for judicial review of a final Commission order or decision issued pursuant to Section 1097.2 has lapsed, or if all means of judicial review of…
- § 1097.6 (a) (1) For a public entity that has entered into a contract with an independent contractor to perform one phase of a project and seeks to enter into a…
- § 1098 (a) Any current public officer or employee who willfully and knowingly discloses for pecuniary gain, to any other person, confidential information acquired by…
- § 1099 (a) A public officer, including, but not limited to, an appointed or elected member of a governmental board, commission, committee, or other body, shall not…
ARTICLE 4.5. Sales of Public Securities §§ 1100–1102 · 3 sections
- § 1100 As used in this article, “public securities” means any issue of bonds, notes, warrants, or other evidences of indebtedness and the interest coupons, if any,…
- § 1101 As used in this article, “public body” means any county, city and county, city, municipal corporation, political subdivision, school district, or any other…
- § 1102 Notwithstanding any provision of law to the contrary, a member of the legislative body of any public body or any officer or employee thereof shall not be…
ARTICLE 4.7. Incompatible Activities §§ 1125–1129 · 5 sections
- § 1125 “Local agency,” as used in this article, means a county, city, city and county, political subdivision, district, or municipal corporation.
- § 1126 (a) Except as provided in Sections 1128 and 1129, a local agency officer or employee shall not engage in any employment, activity, or enterprise for…
- § 1127 It is not the intent of this article to prevent the employment by private business of a public employee, such as a peace officer, fireman, forestry service…
- § 1128 Service on an appointed or elected governmental board, commission, committee, or other body by an attorney employed by a local agency in a nonelective position…
- § 1129 Service on the Board of Directors of the Local Agency Self-Insurance Authority by an officer or employee of a local agency, as defined by subdivision (a) of…
ARTICLE 5. Withholding Salary on Contest of Title §§ 1130–1132 · 3 sections
- § 1130 When the title of the incumbent of any office in this State is contested by proceedings instituted in any court for that purpose, no warrant shall thereafter…
- § 1131 As soon as the proceedings are instituted, the clerk of the court in which they are pending shall certify the facts to the officers whose duty it would…
- § 1132 This article does not apply to any party to a contest or proceeding who holds the certificate of election or commission of office and discharges the duties of…
ARTICLE 6. Salary and Wage Deductions §§ 1150–1159 · 22 sections
- § 1150 As used in this article: (a) “State employee” means all persons who receive wages for services through the uniform payroll system established and administered…
- § 1151 State employees may authorize deductions to be made from their salaries or wages for payment of one or more of the following: (a) Insurance premiums or other…
- § 1151.5 (a) In addition to deductions authorized pursuant to Section 1151, a state employee may authorize deductions to be made from salaries or wages for payment for…
- § 1152 Deductions may be requested by employee organizations and bona fide associations from the salaries and wages of their members, and public employers shall honor…
- § 1153 The Controller shall provide for the administration of payroll deductions as set forth in Sections 1151, 1151.5, and 1152, salary reductions pursuant to…
- § 1156 (a) Any eligible employee who is participating in a flexible benefits program may elect to receive one or more benefits that qualify to be excluded from gross…
- § 1156.1 (a) Any eligible employee may elect to participate in the State Employees’ Pretax Parking Payroll Deduction Program. The program shall be administered by the…
- § 1157 (a) Officers and employees of a public agency, other than those under the uniform payroll system provided for in Article 5 (commencing with Section 12470) of…
- § 1157.1 Employees of a public agency, on approval of and in accordance with the provisions made by the governing body of the public agency, may authorize deductions to…
- § 1157.2 With the approval of the governing body of a public agency and under such regulations as it may prescribe, employees of the public agency may authorize…
- § 1157.3 (a) Employees, including retired employees, of a public employer in addition to any other purposes authorized in this article, may also authorize deductions to…
- § 1157.4 (a) Employees of a county employing more than 20,000 persons, other than a city and county, may authorize deductions to be made from their salaries or wages…
- § 1157.5 Employees, including retired employees, of a county, other than a city and county, employing more than 20,000 persons in addition to any other purposes…
- § 1157.6 Retired employees of a public agency, other than a school district, or eligible surviving spouses of such retired employees, on approval of the governing body…
- § 1157.7 Employees of a public agency employing more than 20,000 persons, other than a city and county, may authorize dues deductions for membership in an ethnic…
- § 1157.8 Officers and employees of public agencies may authorize deductions to be made from their salaries or wages for the purchase of United States savings bonds in…
- § 1157.9 Officers and employees of public agencies may authorize wage and salary deductions for deposit into an account with a state or federal bank or savings and loan…
- § 1157.10 Payroll deductions for state employees of public agencies, other than those under the uniform payroll system, shall be administered by the appropriate officer…
- § 1157.11 (a) Officers and employees of a county with a population of over 8,000,000, may authorize deductions to be made from their salaries or wages for the purchase…
- § 1157.12 Public employers other than the state that provide for the administration of payroll deductions authorized by employees for employee organizations as set forth…
- § 1158 No provision of law prohibiting, restricting or limiting the assignment or order for wages or salaries in any way prohibits, restricts or limits the powers…
- § 1159 (a) The Controller, a public employer, an employee organization, or any of their employees or agents, shall not be liable for, and shall have a complete…
ARTICLE 6.5. Withholding Tax Deductions §§ 1170–1176 · 8 sections
- § 1170 As used in this article, “law” means any federal law relating to internal revenue.
- § 1170.5 In the case of the State, “law” also means the law of any state providing for the withholding of personal income tax from wages or salaries of its residents…
- § 1171 The State, its agencies and political subdivisions, cities, and all other public agencies may withhold from any wages or salaries paid by them that portion…
- § 1172 They may pay the withheld sums at the times and in the manner provided by the law and make the records, reports, and returns required by the law or the…
- § 1173 The Department of Finance shall direct the manner and form in which each state department, board, commission, or other agency maintains the records incidental…
- § 1174 All funds withheld pursuant to this article by any state unit whose funds are deposited in the State Treasury shall, immediately upon such withholding, be…
- § 1175 All funds withheld by any county pursuant to this article shall, immediately upon such withholding, be deposited in such depositary or depositaries as may be…
- § 1176 All funds withheld pursuant to this article by any public agency not within the provisions of Sections 1174 or 1175 of this code shall, immediately upon such…
ARTICLE 7. Deputies and Subordinates §§ 1190–1195 · 6 sections
- § 1190 All assistants, deputies, and other subordinate officers, whose appointments are not otherwise provided for, shall be appointed by the officer or body to whom…
- § 1191 When not otherwise provided for, the appointment of deputies and other subordinate officers shall be made in writing and filed in the office of the appointing…
- § 1192 When not otherwise provided for, within 10 days after receiving notice of their appointment, deputies and other subordinate officers shall take and file an…
- § 1193 When the number of deputies or other subordinate officers is not fixed by law, it is limited only by the discretion of the appointing power.
- § 1194 When not otherwise provided for, each deputy possesses the powers and may perform the duties attached by law to the office of his principal.
- § 1195 Every officer of the state, or of any county, city, or judicial district who accepts, keeps, retains or diverts for his own use or the use of any other person…
ARTICLE 8. Miscellaneous §§ 1220–1241 · 23 sections
- § 1220 When an officer discharges ex officio the duties of another office than that to which he is elected or appointed, his official signature and attestation shall…
- § 1221 Where not otherwise provided, the seals of office of the various executive officers are those in use by such officers on January 1, 1873.
- § 1222 Every wilful omission to perform any duty enjoined by law upon any public officer, or person holding any public trust or employment, where no special provision…
- § 1223 When traveling expenses are allowed by law to any state, county, judicial district, or city officer, he may contract with the appropriate authorities for an…
- § 1224 Any money paid by a state, county, judicial district, or city officer for United States postage for use in conducting the official business of his office may…
- § 1225 (a) An executive officer, a judicial officer, and a Member of the Legislature may administer and certify oaths. (b) A former judge of a court of record in this…
- § 1226 When the records in the office of any public board or officer authorized to issue certificates show the issuance of a certificate other than a certificate of…
- § 1228 An inmate of any state institution shall not be employed in the manufacture or production of any article intended for the private and personal use of any state…
- § 1228.5 The governing board of any local agency may grant to any employee of such local governmental agency, upon request, a leave of absence without pay of not to…
- § 1229 Any public officer who is charged with the custody of public records may take any action, including the transfer of such records to another place within the…
- § 1230 The governing body of a city, county, city and county, or political subdivision of the State may grant leaves of absence to employees to appear as a witness in…
- § 1230.1 Whenever any person who is an employee subject to the provisions of Section 1230, or an employee of the state, is served with a subpoena which compels his…
- § 1231 No state officer or employee shall be deemed to have a break in service or to have terminated his or her employment, for any purpose, nor to have incurred any…
- § 1231.1 Funds from each appropriation made in the budget act for any fiscal year may be expended to pay to officers and employees whatever salary that would have…
- § 1231.2 Funds from each appropriation made in the budget act for any fiscal year may be expended to pay any obligation incurred between the commencement of that fiscal…
- § 1233 Acting in accordance with Executive Order 11246 (30FR 12319), as amended, applicants for employment by, and incumbent employees of, public agencies may be…
- § 1234 No public officer while serving in any elective office in this state shall receive a retirement allowance which is based in whole or part upon service in that…
- § 1235 The salary of any elected public office shall not be reduced during an election year after any candidate for that particular office has filed the requisite… see note
- § 1236 (a) All city, county, city and county, and district employees that conduct audits or that conduct audit activities of those respective agencies shall conduct…
- § 1237 All state and local agencies with an aggregate spending of fifty million dollars ($50,000,000) or more annually shall consider establishing an ongoing audit…
- § 1238 Notwithstanding the provisions of Section 1236, if a city, county, city and county, or district determines that the implementation of any specific standard…
- § 1239 Notwithstanding the provisions of Section 1236, the Joint Legislative Audit Committee, may, by majority vote, grant a waiver to any agency that petitions the…
- § 1241 Whenever a section of the California Constitution uses both the terms “salary” and “compensation”, with respect to a public officer or employee, the terms…
CHAPTER 2. Appointments, Nominations, Commissions, and Oaths §§ 1300–1369 · 23 sections
ARTICLE 1. General §§ 1300–1306 · 7 sections
- § 1300 Every officer, the mode of whose appointment is not prescribed by law, shall be appointed by the Governor.
- § 1301 Every office, the term of which is not fixed by law, is held at the pleasure of the appointing power.
- § 1302 Every officer whose term has expired shall continue to discharge the duties of his office until his successor has qualified.
- § 1303 Every person who exercises any function of a public office without taking the oath of office, or without giving the required bond, is guilty of a misdemeanor.…
- § 1304 (a) The Speaker of the Assembly or the Senate Committee on Rules may appoint a Member of the Legislature or legislative staff to serve as an alternate for a…
- § 1305 (a) Commencing January 1, 2027, the office of the Governor shall maintain on its internet website a list of each state board or commission, as well as the…
- § 1306 (a) Commencing January 1, 2027, the Secretary of the Senate and the Chief Clerk of the Assembly shall maintain on their respective internet websites, or…
ARTICLE 2. Nominations by Governor §§ 1320–1323 · 4 sections
- § 1320 Nominations made by the Governor to the Senate shall be in writing, designating the residence of the nominee and the office for which he is nominated.
- § 1321 Whenever the Senate concurs in a nomination, its secretary shall immediately deliver a copy of the resolution of concurrence, certified by the president and…
- § 1322 In addition to any other statutory provisions requiring confirmation by the Senate of officers appointed by the Governor, the appointments by the Governor of…
- § 1323 In addition to any other statutory provisions requiring confirmation by the Senate of officers appointed by the Governor, including Section 1322, the…
ARTICLE 3. Commissions §§ 1340–1342 · 3 sections
- § 1340 The Governor shall commission: (a) All officers elected by the people whose commissions are not otherwise provided for except those officers to whom a…
- § 1341 The commissions of all officers commissioned by the Governor shall be issued in the name of the people of the State. They shall be signed by the Governor and…
- § 1342 The commissions of all other officers, where no special provision is made by law, shall be signed by the presiding officer of the body or by the person making…
ARTICLE 4. Oath of Office §§ 1360–1369 · 9 sections
- § 1360 Unless otherwise provided, following any election or appointment and before any officer enters on the duties of his or her office, he or she shall take and…
- § 1362 Unless otherwise provided, the oath may be taken before any officer authorized to administer oaths.
- § 1363 (a) Unless otherwise provided, every oath of office certified by the officer before whom it was taken shall be filed within the time required as follows: (1)…
- § 1364 It is unlawful to remove a person from an office or position of public trust because such person has not complied with any law, charter, or regulation…
- § 1365 It is unlawful for any person having the power of removal from office of any officer to remove or threaten to remove the officer from his office because the…
- § 1366 Any officer or person who is removed or threatened with removal from any office or position of public trust may bring an action to restrain such unlawful…
- § 1367 No compensation nor reimbursement for expenses incurred shall be paid to any officer by any public agency unless he has taken and subscribed to the oath or…
- § 1368 Every person who, while taking and subscribing to the oath or affirmation required by this chapter, states as true any material matter which he or she knows to…
- § 1369 Every person having taken and subscribed to the oath or affirmation required by this chapter, who while holding office, advocates or becomes a member of any…
CHAPTER 3. Official Bonds §§ 1450–1653 · 29 sections
ARTICLE 1. General §§ 1450–1463 · 14 sections
- § 1450 Unless otherwise provided, every official bond shall be filed in the proper office within the time prescribed for filing the oath.
- § 1451 The approval of every official bond shall be indorsed thereon and signed by the officer approving the bond.
- § 1452 No officer with whom any official bond is required to be filed shall file such bond until approved.
- § 1453 Official bonds shall be recorded in a book kept for that purpose entitled “Record of Official Bonds.”
- § 1454 Unless otherwise provided, the official bonds of state officers prescribed by law shall be approved by either the Governor or the Director of General Services…
- § 1455 Unless otherwise provided, all official bonds of state officers and employees not expressly prescribed by law shall be forwarded to the Department of General…
- § 1457 Unless otherwise provided, the official bonds of officers of a county and judicial district shall be approved by the presiding judge of the superior court,…
- § 1458 The bonds of supervisors, treasurers, county clerks, auditors, sheriffs, tax collectors, district attorneys, recorders, assessors, surveyors, superintendents…
- § 1459 After being recorded, the official bond of the county clerk shall be filed in the office of the county treasurer.
- § 1460 Every officer with whom official bonds are filed shall carefully keep and preserve the bonds. He shall give certified copies thereof to any person demanding…
- § 1460.1 The county recorder shall record the bond and return it to the county officer with whom it is required to be filed. Such officer shall keep the bond on file…
- § 1461 Any person appointed to fill a vacancy shall give a bond, corresponding in substance and form with the bond required of the officer originally elected or…
- § 1462 No fee shall be charged by any officer to file or record any official bond of any official of this state or any political subdivision of this state.
- § 1463 For the purposes of this chapter, a government crime insurance policy or employee dishonesty insurance policy, including faithful performance, may be provided…
ARTICLE 2. Bonds Not Required by Statute §§ 1480–1482 · 4 sections
- § 1480 Every officer, agent or employee not required by statute to give an official bond may be required to give an individual official bond, or other form of…
- § 1481 (a) When deemed expedient by the appointing power, a master official bond or other form of master bond may be used which shall provide coverage on more than…
- § 1481.1 For the purposes of Section 1481 the board of supervisors of a county is deemed to be the appointing power of the adult probation officer, his assistants and…
- § 1482 Each such bond may contain a provision authorizing the appointing power to cancel it, if it is an individual bond, or the contract of coverage of any officer,…
ARTICLE 3. Form and Conditions §§ 1500–1505 · 4 sections
- § 1500 All official bonds shall be made payable to the State of California in such penalty and with such conditions as required by this article, or the law creating…
- § 1501 The condition of an official bond shall be that the principal will well, truly, and faithfully perform all official duties then required of him by law, and…
- § 1504 Every official bond executed by any officer pursuant to law is in force and obligatory upon the principal and sureties therein for: (a) Any and all breaches of…
- § 1505 Whenever, except in criminal prosecutions, any special penalty, forfeiture, or liability is imposed on any officer of a county or judicial district for…
ARTICLE 4. Qualifications of Sureties §§ 1530–1532 · 3 sections
- § 1530 The officer whose duty it is to approve official bonds required of officers of a county or judicial district not named in Section 1458 shall not accept or…
- § 1531 The sureties on the bonds of all officers of a county or judicial district named in Section 1458 shall first be approved by the presiding judge of the superior…
- § 1532 A member of the board of supervisors shall not be accepted as surety upon the official bond of any officer of a county or judicial district of his county. The…
ARTICLE 8. Payment of Premiums §§ 1650–1653 · 4 sections
- § 1650 This article does not apply to notaries public.
- § 1651 The premium or charge for bonds given by surety companies for the officers, herein named, and for their deputies, clerks, assistants or subordinate officers…
- § 1652 No premium or charge paid by the state, a county, city, or district shall exceed one-half of 1 percent per annum on the amount of the bond, but a minimum…
- § 1653 The payment of premiums for all bonds of deputies, clerks, assistants or subordinate officers of county officers shall not be a county charge unless the amount…
CHAPTER 4. Resignations and Vacancies §§ 1750–1782 · 25 sections
ARTICLE 1. Resignations §§ 1750–1752 · 4 sections
- § 1750 Resignations shall be in writing, and made as follows: (a) By the Governor and Lieutenant Governor, to the Legislature, if it is in session; and if not, then…
- § 1750.5 The Speaker of the Assembly and the Chairman of the Senate Rules Committee shall immediately inform the Governor in writing whenever a resignation has been…
- § 1751 In all cases not otherwise provided for in this article or elsewhere, a resignation is made by filing the resignation in the office of the Secretary of State.
- § 1752 (a) Except as provided in subdivision (b), no person elected or appointed to the governing body of any city, county, or district having an elected governing…
ARTICLE 2. Vacancies §§ 1770–1782 · 21 sections
- § 1770 An office becomes vacant on the happening of any of the following events before the expiration of the term: (a) The death of the incumbent. (b) An adjudication…
- § 1770.1 The disqualification from holding office upon conviction, as provided in Section 1021, or the forfeiture of office upon conviction, as provided in subdivision…
- § 1770.2 Upon the entry of a plea of guilty, the entry of a plea of nolo contendere, or the rendering of a verdict of a guilty either by a jury or by the court sitting…
- § 1771 (a) When an officer is removed, declared insane, or convicted of a felony or offense involving a violation of his or her official duty, or when his or her…
- § 1772 When any office becomes vacant and no mode is provided by law for filling the vacancy, the Governor shall fill the vacancy by granting a commission, to expire…
- § 1773 When a vacancy occurs in the office of Representative to Congress, or in either house of the Legislature, the Governor shall within 14 calendar days after the…
- § 1773.5 In addition to any other applicable provision of law, a vacancy occurs in the office of Representative in Congress in the event of his or her disappearance, as…
- § 1774 (a) When an office, the appointment to which is vested in the Governor and Senate, either becomes vacant or the term of the incumbent thereof expires, the…
- § 1774.1 Notwithstanding any other provision of law, whenever the appointment by the Governor of a person to a public office is subject to confirmation by the Senate,…
- § 1774.2 (a) For any person whose term of office expires prior to Senate confirmation and who is reappointed to that office, the time served prior to, as well as…
- § 1774.3 With respect to any body or entity having more than one member, including, but not limited to, a board, commission, or committee, “office” includes every…
- § 1774.5 Notwithstanding any other provisions of law, no person holding an office which is deemed to be vacant pursuant to Section 1774 may, after the time the office…
- § 1774.7 (a) Sections 1774, 1774.2, 1774.3, and 1774.5 shall apply to any person appointed, or reappointed, prior to, or on or after, January 1, 1981, except as…
- § 1775 Whenever there is a vacancy in the office of the Superintendent of Public Instruction, the Lieutenant Governor, Secretary of State, Controller, Treasurer, or…
- § 1776 Except as otherwise provided in the Constitution, when a person is appointed by the Governor, or by the Governor by and with the advice and consent of the…
- § 1777 After filing his official oath and bond, any person elected or appointed to fill a vacancy possesses all the rights and powers and is subject to all the…
- § 1778 A vacancy in any appointive office on the governing board of a special district shall be filled by appointment by the board of supervisors of the county in…
- § 1779 A vacancy on any appointed governing board of a special district shall be filled by the appointing authority within 90 days immediately subsequent to its…
- § 1780 (a) Notwithstanding any other provision of law, a vacancy in any elective office on the governing board of a special district, other than those specified in…
- § 1781 The provisions of Section 1780 shall not apply to a school district, a district organized pursuant to Division 6 (commencing with Section 11501) of the Public…
- § 1782 Notwithstanding any other provision of the law, whenever a vacancy occurs on a state board or commission, or a seat on a board or commission is abolished by…
CHAPTER 5. Obtaining Possession of Office §§ 1850–1855 · 6 sections
- § 1850 Every officer is entitled to the possession of all books and papers pertaining to his office, or in the custody of a former incumbent by virtue of his office.
- § 1851 If any person, including a former incumbent, refuses or neglects to deliver to the actual incumbent any such books or papers, the actual incumbent may petition…
- § 1852 After notice to the adverse party, the court or judge shall proceed in a summary way to hear the allegations and proof of the parties, and to order any such…
- § 1853 The execution of the order and the delivery of the books and papers may be enforced by: (a) Attachment as for a witness. (b) At the request of the petitioner,…
- § 1854 Every person who wilfully and knowingly intrudes himself into any public office to which he has not been elected or appointed, and every person who, having…
- § 1855 Every officer whose office is abolished by law, or who, after the expiration of the time for which he may be appointed or elected, or after he has resigned or…
CHAPTER 7. Removal from Office §§ 3000–3075 · 42 sections
ARTICLE 1. General §§ 3000–3003 · 4 sections
- § 3000 An officer forfeits his office upon conviction of designated crimes as specified in the Constitution and laws of the State.
- § 3001 Any State, county, or city officer who is intoxicated while in discharge of the duties of his office, or by reason of intoxication is disqualified for the…
- § 3002 Whenever the Governor is authorized to appoint a person to an office with the advice and consent of, or subject to confirmation by, the Senate, and no fixed…
- § 3003 (a) An elected officer of the state or a city, county, city and county, or district in this state forfeits his or her office upon the conviction of a crime…
ARTICLE 2. Impeachment §§ 3020–3040 · 22 sections
- § 3020 State officers elected on a statewide basis, members of the State Board of Equalization, and judges of state courts are subject to impeachment for misconduct…
- § 3020.5 The Senate when sitting as the court of impeachment is a court of record. The officers of the Senate are the officers of the court.
- § 3021 All impeachments shall be by resolution adopted, originated in, and conducted by managers elected by the Assembly.
- § 3022 The managers shall prepare articles of impeachment, present them at the bar of the Senate, and prosecute them. The trial shall be before the Senate, sitting as…
- § 3023 When an officer is impeached by the Assembly for a misdemeanor in office, the articles of impeachment shall be delivered to the President of the Senate.
- § 3024 The Senate shall assign a day for the hearing of the impeachment and inform the Assembly thereof.
- § 3025 Not less than 10 days before the day fixed for the hearing, the President of the Senate shall have served on the defendant a copy of the articles of…
- § 3026 The service shall be made upon the defendant personally. If upon diligent inquiry he can not be found within the State, upon proof of that fact the Senate may…
- § 3027 If the defendant does not appear, upon proof of service or publication the Senate may, of its own motion or for cause shown, assign another day for hearing the…
- § 3028 When the defendant appears, he may object in writing to the sufficiency of the articles of impeachment, or he may answer the articles by an oral plea of not…
- § 3029 If the objection to the sufficiency of the articles of impeachment is not sustained by a majority of the members of the Senate who heard the argument, the…
- § 3030 If the defendant pleads not guilty, the Senate shall try the impeachment at the time it appoints. The plea shall be entered upon the Senate Journal, and puts…
- § 3031 At the time and place appointed, and before the Senate acts on the impeachment, the secretary shall administer to the President of the Senate, and the…
- § 3032 The defendant can not be convicted on impeachment without the concurrence of two-thirds of the members elected, voting by ayes and noes. If two-thirds of the…
- § 3033 After conviction and at the time appointed by the Senate, it shall pronounce judgment, in the form of a resolution entered upon the Senate Journal.
- § 3034 On the adoption of the resolution by a majority of the members present who voted on the question of acquittal or conviction, it becomes the judgment of the…
- § 3035 The judgment may be that the defendant be suspended, or that he be removed from office and disqualified to hold any office of honor, trust, or profit under the…
- § 3036 If judgment of suspension is given, during the continuance of the judgment the defendant is disqualified from receiving the salary, fees, or emoluments of the…
- § 3037 Whenever articles of impeachment against any officer subject to impeachment are presented to the Senate, the officer is temporarily suspended from his office…
- § 3038 Upon temporary suspension of any officer other than the Governor, his office shall at once be temporarily filled by an appointment made by the Governor, with…
- § 3039 If the Lieutenant Governor is impeached, notice of the impeachment shall be immediately given to the Senate by the Assembly in order that another president may…
- § 3040 If the offense for which the defendant is convicted on impeachment is also the subject of an indictment or information, the indictment or information is not…
ARTICLE 3. Removal Other Than by Impeachment §§ 3060–3075 · 16 sections
- § 3060 An accusation in writing against any officer of a district, county, or city, including any member of the governing board or personnel commission of a school…
- § 3061 The accusation shall state the offense charged in ordinary and concise language, and without repetition.
- § 3062 The accusation shall be delivered by the foreman of the grand jury to the district attorney of the county, unless he is the officer accused.
- § 3063 The district attorney shall have a copy of the accusation served upon the defendant, and by notice in writing shall require the accused to appear before the…
- § 3064 The defendant shall appear at the time stated in the notice and answer the accusation, unless for some sufficient cause the court assigns another day for that…
- § 3065 The defendant may answer the accusation either by objecting to its sufficiency or any article therein, or by denying the truth of the accusation.
- § 3066 If he objects to the legal sufficiency of the accusation, the objection shall be in writing. The objection need not be in any specific form. It is sufficient…
- § 3067 If he denies the truth of the accusation, the denial may be oral and without oath. The denial shall be entered upon the minutes.
- § 3068 If an objection to the sufficiency of the accusation is not sustained, the defendant shall answer thereto forthwith.
- § 3069 If the defendant pleads guilty, or refuses to answer the accusation, the court shall render judgment of conviction against him. If he denies the matters…
- § 3070 The trial shall be by a jury, and conducted in all respects in the same manner as the trial of an indictment.
- § 3071 The district attorney and the defendant are each entitled to such process as is necessary to enforce the attendance of witnesses as upon a trial of an…
- § 3072 Upon a conviction and at the time appointed by the court it shall pronounce judgment that the defendant be removed from office. To warrant a removal, the…
- § 3073 The same proceedings may be had on like grounds for the removal of a district attorney, except that the accusation shall be delivered by the foreman of the…
- § 3074 Any officer subject to removal pursuant to this article may be removed from office for willful or corrupt misconduct in office occurring at any time within the…
- § 3075 In a proceeding under this article, appeal is to the court of appeal.
CHAPTER 8. Oath or Affirmation of Allegiance for Disaster Service Workers and Public Employees §§ 3100–3109 · 10 sections
- § 3100 It is hereby declared that the protection of the health and safety and preservation of the lives and property of the people of the state from the effects of…
- § 3101 For the purpose of this chapter the term “disaster service worker” includes all public employees and all volunteers in any disaster council or emergency…
- § 3102 (a) All disaster service workers shall, before they enter upon the duties of their employment, take and subscribe to the oath or affirmation required by this…
- § 3103 The oath or affirmation required by this chapter is the oath or affirmation set forth in Section 3 of Article XX of the Constitution of California.
- § 3104 The oath or affirmation may be taken before any officer authorized to administer oaths. The oath or affirmation of any disaster service worker may be taken…
- § 3105 (a) The oath or affirmation of any disaster service worker of the state shall be filed as prescribed by State Personnel Board rule within 30 days of the date…
- § 3106 Compliance with this chapter shall, as to state employees, be deemed full compliance with Chapter 4, Part 1, Division 5, Title 2 of this code, requiring taking…
- § 3107 No compensation nor reimbursement for expenses incurred shall be paid to any disaster service worker by any public agency unless such disaster service worker…
- § 3108 Every person who, while taking and subscribing to the oath or affirmation required by this chapter, states as true any material matter which he or she knows to…
- § 3109 Every person having taken and subscribed to the oath or affirmation required by this chapter, who, while in the employ of, or service with, the state or any…
CHAPTER 8.5. Volunteers §§ 3110–3119.5 · 7 sections
ARTICLE 1. General §§ 3110–3112 · 3 sections
- § 3110 This chapter shall be known and may be cited as the California State Government Volunteers Act.
- § 3111 As used in this chapter: (a) “Volunteer” means any person who, of his own free will, provides goods or services, without any financial gain, to any state…
- § 3112 The Legislature finds and declares that: (a) Since the spirit of volunteerism has long animated generations of Americans to give of their time and abilities to…
ARTICLE 3. Volunteers §§ 3118–3119.1 · 3 sections
- § 3118 All volunteers shall comply with applicable department and other state policy and regulations. It shall be the responsibility of the state department in which…
- § 3119 Each state department or division is hereby authorized to utilize the services of volunteers. Each state department or division utilizing the services of…
- § 3119.1 The provisions of this article shall not apply to the Department of Aging’s use of volunteers, pursuant to the provisions of Titles III (42 U.S.C. 3021 and…
ARTICLE 4. Senior Volunteers § 3119.5 · 1 section
- § 3119.5 Notwithstanding Section 3118, any state or local agency that chooses to utilize volunteers shall implement a policy whereby no person aged 60 years or older…
CHAPTER 9. Travel Insurance of Officers and Employees §§ 3120–3123 · 4 sections
- § 3120 As used herein “local agency” means a county, city and county, city, school district, office of county superintendent of schools, or other special district.
- § 3121 Any local agency may, subject to rules and regulations promulgated by the legislative body thereof, insure its officers, directors, deputies, assistants,…
- § 3122 The travel insurance authorized by this chapter shall be in addition to any compensation secured under Division 4 (commencing with Section 3201) of the Labor…
- § 3123 The office of county superintendent of schools may carry a master policy for travel insurance on behalf of the school districts of the county.
CHAPTER 9.1. Public Transit Employer Obligations §§ 3125–3130 · 6 sections
- § 3125 For the purposes of this chapter: (a) “Autonomous transit vehicle technology” means technology that has the capability to drive a vehicle without the active…
- § 3126 (a) At least 10 months before beginning a procurement process to acquire or deploy any autonomous transit vehicle technology for public transit services that…
- § 3127 (a) Upon a written request by the exclusive employee representative, the public transit employer and exclusive employee representative shall commence…
- § 3128 This chapter shall not be construed as creating any labor requirements that are less protective of employees than any labor requirements created pursuant to…
- § 3129 The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, the invalidity shall not affect other…
- § 3130 The Public Employment Relations Board shall have jurisdiction to process unfair practice charges alleging violations of this chapter, but only as to transit…
CHAPTER 9.4. Public Employee Health Protection Act §§ 3140–3142 · 3 sections
- § 3140 The Legislature finds as follows: (a) Public employers, including the state and the University of California, are among the largest employers in the state,…
- § 3141 For the purposes of this chapter, the following definitions apply: (a) “Authorized strike” means a strike sanctioned by the central labor council or the…
- § 3142 (a) It shall be an unfair practice for a covered employer to do any of the following: (1) Fail or refuse to maintain and pay for continued health care or other…
CHAPTER 9.5. Political Activities of Public Employees §§ 3201–3209 · 10 sections
- § 3201 The Legislature finds that political activities of public employees are of significant statewide concern. The provisions of this chapter shall supersede all…
- § 3202 This chapter applies to all officers and employees of a state or local agency. (a) “Local agency” means a county, city, city and county, political subdivision,…
- § 3203 Except as otherwise provided in this chapter, or as necessary to meet requirements of federal law as it pertains to a particular employee or employees, no…
- § 3204 No one who holds, or who is seeking election or appointment to, any office or employment in a state or local agency shall, directly or indirectly, use,…
- § 3205 (a) An officer or employee of a local agency shall not, directly or indirectly, solicit a political contribution from an officer or employee of that agency, or…
- § 3205.5 No one who holds, or who is seeking election or appointment to, any office shall, directly or indirectly, offer or arrange for any increase in compensation or…
- § 3206 No officer or employee of a local agency shall participate in political activities of any kind while in uniform.
- § 3207 Any city, county, or city and county charter or, in the absence of a charter provision, the governing body of any local agency and any agency not subject to…
- § 3208 Except as provided in Section 19990, the limitations set forth in this chapter shall be the only restrictions on the political activities of state employees.
- § 3209 Nothing in this chapter prevents an officer or employee of a state or local agency from soliciting or receiving political funds or contributions to promote the…
CHAPTER 9.6. Firefighters §§ 3250–3262 · 16 sections
- § 3250 This chapter shall be known, and may be cited, as the Firefighters Procedural Bill of Rights Act.
- § 3251 For purposes of this chapter, the following definitions apply: (a) (1) “Firefighter” means any firefighter employed by a public agency, including, but not…
- § 3252 (a) Except as otherwise provided in Chapter 9.5 (commencing with Section 3201), or whenever on duty or in uniform, no firefighter shall be prohibited from…
- § 3253 When any firefighter is under investigation and subjected to interrogation by his or her commanding officer, or any other member designated by the employing…
- § 3254 (a) A firefighter shall not be subjected to punitive action, or denied promotion, or be threatened with that treatment, because of the lawful exercise of the…
- § 3254.5 (a) An administrative appeal instituted by a firefighter under this chapter shall be conducted in conformance with rules and procedures adopted by the…
- § 3254.6 (a) (1) An employee of the Department of Forestry and Fire Protection holding a temporary appointment to a firefighter position, as described in paragraph (4)…
- § 3255 A firefighter shall not have any comment adverse to his or her interest entered in his or her personnel file, or any other file used for any personnel purposes…
- § 3256 A firefighter shall have 30 days within which to file a written response to any adverse comment entered in his or her personnel file. The written response…
- § 3256.5 (a) Every employer shall, at reasonable times and at reasonable intervals, upon the request of a firefighter, during usual business hours, with no loss of…
- § 3257 (a) A firefighter shall not be compelled to submit to a lie detector test against his or her will. (1) Disciplinary action or other recrimination shall not be…
- § 3258 A firefighter shall not be required or requested for purposes of job assignment or other personnel action to disclose any item of his or her property, income,…
- § 3259 A firefighter shall not have his or her locker or other space for storage that may be assigned to him or her searched except in his or her presence, or with…
- § 3260 (a) It shall be unlawful for any employing department or licensing or certifying agency to deny or refuse to any firefighter the rights and protections…
- § 3261 Nothing in this chapter shall in any way be construed to limit the ability of any employing department, licensing or certifying agency, or any firefighter to…
- § 3262 The rights and protections described in this chapter shall only apply to a firefighter during events and circumstances involving the performance of his or her…
CHAPTER 9.7. Public Safety Officers §§ 3300–3313 · 20 sections
- § 3300 This chapter is known and may be cited as the Public Safety Officers Procedural Bill of Rights Act.
- § 3301 For purposes of this chapter, the term public safety officer means all peace officers specified in Sections 830.1, 830.2, 830.3, 830.31, 830.32, 830.33, except…
- § 3302 (a) Except as otherwise provided by law, or whenever on duty or in uniform, no public safety officer shall be prohibited from engaging, or be coerced or…
- § 3303 When any public safety officer is under investigation and subjected to interrogation by his or her commanding officer, or any other member of the employing…
- § 3304 (a) No public safety officer shall be subjected to punitive action, or denied promotion, or be threatened with any such treatment, because of the lawful…
- § 3304.5 An administrative appeal instituted by a public safety officer under this chapter shall be conducted in conformance with rules and procedures adopted by the…
- § 3305 No public safety officer shall have any comment adverse to his interest entered in his personnel file, or any other file used for any personnel purposes by his…
- § 3305.5 (a) A punitive action, or denial of promotion on grounds other than merit, shall not be undertaken by any public agency against any public safety officer…
- § 3305.6 (a) A punitive action or denial of promotion on grounds other than merit shall not be undertaken by any public agency against any public safety officer because…
- § 3306 A public safety officer shall have 30 days within which to file a written response to any adverse comment entered in his personnel file. Such written response…
- § 3306.5 (a) Every employer shall, at reasonable times and at reasonable intervals, upon the request of a public safety officer, during usual business hours, with no…
- § 3307 (a) No public safety officer shall be compelled to submit to a lie detector test against his or her will. No disciplinary action or other recrimination shall…
- § 3307.5 (a) No public safety officer shall be required as a condition of employment by his or her employing public safety department or other public agency to consent…
- § 3308 No public safety officer shall be required or requested for purposes of job assignment or other personnel action to disclose any item of his property, income,…
- § 3309 No public safety officer shall have his locker, or other space for storage that may be assigned to him searched except in his presence, or with his consent, or…
- § 3309.5 (a) It shall be unlawful for any public safety department to deny or refuse to any public safety officer the rights and protections guaranteed to him or her by…
- § 3310 Any public agency which has adopted, through action of its governing body or its official designee, any procedure which at a minimum provides to peace officers…
- § 3311 Nothing in this chapter shall in any way be construed to limit the use of any public safety agency or any public safety officer in the fulfilling of mutual aid…
- § 3312 Notwithstanding any other provision of law, the employer of a public safety officer may not take any punitive action against an officer for wearing a pin or…
- § 3313 In the 2005–06 fiscal year, the Commission on State Mandates shall review its statement of decision regarding the Peace Officer Procedural Bill of Rights test…
CHAPTER 9.8. Public Safety Officer Medal of Valor Act §§ 3400–3403 · 4 sections
- § 3400 This chapter shall be known and may be cited as the Public Safety Officer Medal of Valor Act.
- § 3401 The Governor annually may award and present, in the name of the State of California, a Public Safety Medal of Valor of appropriate design, with ribbons and…
- § 3402 (a) There exists in state government the Public Safety Medal of Valor Review Board, whose purpose is to solicit and review applications for, and make…
- § 3403 (a) The Attorney General shall review the candidates recommended to him or her by the Public Safety Medal of Valor Review Board and advise the Governor which…
CHAPTER 9.9. California Golden Shield Act §§ 3410–3412 · 3 sections
- § 3410 This chapter shall be known and may be cited as the California Golden Shield Act.
- § 3411 The Governor annually shall award, and present in the name of the State of California, a Golden Shield Award of appropriate design, with ribbons and…
- § 3412 For the purposes of this chapter, “public safety officer” means a person serving a public agency, with or without compensation, as a firefighter, law…
CHAPTER 10. Local Public Employee Organizations §§ 3500–3511 · 37 sections
- § 3500 (a) It is the purpose of this chapter to promote full communication between public employers and their employees by providing a reasonable method of resolving…
- § 3500.5 This chapter shall be known and may be cited as the “Meyers-Milias-Brown Act.”
- § 3501 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…
- § 3501.5 As used in this chapter, “public agency” does not mean a superior court.
- § 3502 Except as otherwise provided by the Legislature, public employees shall have the right to form, join, and participate in the activities of employee…
- § 3502.1 No public employee shall be subject to punitive action or denied promotion, or threatened with any such treatment, for the exercise of lawful action as an…
- § 3502.3 (a) (1) A public agency shall present the status of vacancies and recruitment and retention efforts during a public hearing before the governing board at least…
- § 3502.5 (a) Notwithstanding Section 3502, any other provision of this chapter, or any other law, rule, or regulation, an agency shop agreement may be negotiated…
- § 3503 Recognized employee organizations shall have the right to represent their members in their employment relations with public agencies. Employee organizations…
- § 3503.1 If an employee covered by Chapter 9.6 (commencing with Section 3250) holds a conscientious objection described in subdivision (c) of Section 3502.5 or declines…
- § 3503.2 If an employee covered by Chapter 9.7 (commencing with Section 3300) holds a conscientious objection described in subdivision (c) of Section 3502.5 or declines…
- § 3504 The scope of representation shall include all matters relating to employment conditions and employer-employee relations, including, but not limited to, wages,…
- § 3504.1 (a) Except as provided in subdivision (c), the governing body of a public agency, and boards and commissions designated by law or by the governing body of a…
- § 3504.5 (a) Except in cases of emergency as provided in this section, the governing body of a public agency, and boards and commissions designated by law or by the…
- § 3505 The governing body of a public agency, or such boards, commissions, administrative officers or other representatives as may be properly designated by law or by…
- § 3505.1 If a tentative agreement is reached by the authorized representatives of the public agency and a recognized employee organization or recognized employee…
- § 3505.2 If after a reasonable period of time, representatives of the public agency and the recognized employee organization fail to reach agreement, the public agency…
- § 3505.3 (a) Public agencies shall allow a reasonable number of public agency employee representatives of recognized employee organizations reasonable time off without…
- § 3505.4 (a) The employee organization may request that the parties’ differences be submitted to a factfinding panel not sooner than 30 days, but not more than 45 days,…
- § 3505.5 (a) If the dispute is not settled within 30 days after the appointment of the factfinding panel, or, upon agreement by both parties within a longer period, the…
- § 3505.7 After any applicable mediation and factfinding procedures have been exhausted, but no earlier than 15 days after the factfinders’ written findings of fact and…
- § 3505.8 An arbitration agreement contained in a memorandum of understanding entered into under this chapter shall be enforceable in an action brought pursuant to Title…
- § 3506 Public agencies and employee organizations shall not interfere with, intimidate, restrain, coerce or discriminate against public employees because of their…
- § 3506.5 A public agency shall not do any of the following: (a) Impose or threaten to impose reprisals on employees, to discriminate or threaten to discriminate against…
- § 3507 (a) A public agency may adopt reasonable rules and regulations after consultation in good faith with representatives of a recognized employee organization or…
- § 3507.1 (a) Unit determinations and representation elections shall be determined and processed in accordance with rules adopted by a public agency in accordance with…
- § 3507.3 Professional employees shall not be denied the right to be represented separately from nonprofessional employees by a professional employee organization…
- § 3507.5 In addition to those rules and regulations a public agency may adopt pursuant to and in the same manner as in Section 3507, any such agency may adopt…
- § 3507.7 (a) (1) (A) For purposes of this section, “temporary employee” means a temporary employee, casual employee, seasonal employee, periodic employee, extra-help…
- § 3508 (a) The governing body of a public agency may, in accordance with reasonable standards, designate positions or classes of positions which have duties…
- § 3508.1 For the purposes of this section, the term “police employee” includes the civilian employees of the police department of any city. Police employee does not…
- § 3508.5 (a) Nothing in this chapter shall affect the right of a public employee to authorize a dues or service fees deduction from his or her salary or wages pursuant…
- § 3509 (a) The powers and duties of the board described in Section 3541.3 shall also apply, as appropriate, to this chapter and shall include the authority as set…
- § 3509.3 Notwithstanding any other law, if a decision by an administrative law judge regarding the recognition or certification of an employee organization is appealed,…
- § 3509.5 (a) Any charging party, respondent, or intervenor aggrieved by a final decision or order of the board in an unfair practice case, except a decision of the…
- § 3510 (a) The provisions of this chapter shall be interpreted and applied by the board in a manner consistent with and in accordance with judicial interpretations of…
- § 3511 The changes made to Sections 3501, 3507.1, and 3509 of the Government Code by legislation enacted during the 1999–2000 Regular Session of the Legislature shall…
CHAPTER 10.1. Local Agency Executives §§ 3511.1–3511.2 · 2 sections
- § 3511.1 As used in this chapter, the following definitions apply: (a) “Compensation” means annual salary, stipend, or bonus, paid by a local agency employer to a local…
- § 3511.2 On or after January 1, 2012, any contract executed or renewed between a local agency and a local agency executive shall not provide for the following: (a) An…
CHAPTER 10.3. State Employer-Employee Relations §§ 3512–3524 · 34 sections
- § 3512 It is the purpose of this chapter to promote full communication between the state and its employees by providing a reasonable method of resolving disputes…
- § 3513 As used in this chapter: (a) “Employee organization” means any organization that includes employees of the state and that has as one of its primary purposes…
- § 3514 Any person who shall willfully resist, prevent, impede or interfere with any member of the board, or any of its agents, in the performance of duties pursuant…
- § 3514.5 The initial determination as to whether the charges of unfair practices are justified, and, if so, what remedy is necessary to effectuate the purposes of this…
- § 3515 Except as otherwise provided by the Legislature, state employees shall have the right to form, join, and participate in the activities of employee…
- § 3515.5 Employee organizations shall have the right to represent their members in their employment relations with the state, except that once an employee organization…
- § 3515.6 All employee organizations shall have the right to have membership dues, initiation fees, membership benefit programs, and general assessments deducted…
- § 3515.7 (a) Once an employee organization is recognized as the exclusive representative of an appropriate unit it may enter into an agreement with the state employer…
- § 3515.8 Any state employee who pays a fair share fee shall have the right to demand and receive from the recognized employee organization, under procedures established…
- § 3516 The scope of representation shall be limited to wages, hours, and other terms and conditions of employment, except, however, that the scope of representation…
- § 3516.5 Except in cases of emergency as provided in this section, the employer shall give reasonable written notice to each recognized employee organization affected…
- § 3517 The Governor, or his representative as may be properly designated by law, shall meet and confer in good faith regarding wages, hours, and other terms and…
- § 3517.5 If agreement is reached between the Governor and the recognized employee organization, they shall jointly prepare a written memorandum of such understanding…
- § 3517.6 (a) (1) In any case where the provisions of Section 70031 of the Education Code, or subdivision (i) of Section 3513, or Section 14876, 18714, 19080.5, 19100,…
- § 3517.61 Notwithstanding Section 3517.6, for state employees in State Bargaining Unit 6, in any case where the provisions of Section 70031 of the Education Code,…
- § 3517.63 (a) Any side letter, appendix, or other addendum to a properly ratified memorandum of understanding that requires the expenditure of two hundred fifty thousand…
- § 3517.7 If the Legislature does not approve or fully fund any provision of the memorandum of understanding which requires the expenditure of funds, either party may…
- § 3517.8 (a) If a memorandum of understanding has expired, and the Governor and the recognized employee organization have not agreed to a new memorandum of…
- § 3518 If after a reasonable period of time, the Governor and the recognized employee organization fail to reach agreement, the Governor and the recognized employee…
- § 3518.5 A reasonable number of employee representatives of recognized employee organizations shall be granted reasonable time off without loss of compensation or other…
- § 3518.7 Managerial employees and confidential employees shall be prohibited from holding elective office in an employee organization which also represents “state…
- § 3519 It shall be unlawful for the state to do any of the following: (a) Impose or threaten to impose reprisals on employees, to discriminate or threaten to…
- § 3519.5 It shall be unlawful for an employee organization to: (a) Cause or attempt to cause the state to violate Section 3519. (b) Impose or threaten to impose…
- § 3520 (a) Judicial review of a unit determination shall only be allowed: (1) when the board, in response to a petition from the state or an employee organization,…
- § 3520.5 (a) The state shall grant exclusive recognition to employee organizations designated or selected pursuant to rules established by the board for employees of…
- § 3520.7 The state employer shall adopt reasonable rules and regulations for all of the following: (a) Registering employee organizations, as defined by subdivision (c)…
- § 3520.8 Notwithstanding any other law, if a decision by an administrative law judge regarding the recognition or certification of an employee organization is appealed,…
- § 3521 (a) In determining an appropriate unit, the board shall be governed by the criteria in subdivision (b). However, the board shall not direct an election in a…
- § 3521.5 The term “professional employee” means (a) any employee engaged in work (1) predominantly intellectual and varied in character as opposed to routine mental,…
- § 3521.7 The board may, in accordance with reasonable standards, designate positions or classes of positions which have duties consisting primarily of the enforcement…
- § 3522 (a) Physicians in any state bargaining unit may negotiate under this chapter for preauthorized travel outside the state for continuing medical education. (b)…
- § 3523 (a) All initial meet and confer proposals of recognized employee organizations shall be presented to the employer at a public meeting, and such proposals…
- § 3523.5 The enactment of this chapter shall not be construed as making the provisions of Section 923 of the Labor Code applicable to state employees.
- § 3524 This chapter shall be known and may be cited as the Ralph C. Dills Act.
CHAPTER 10.4. Judicial Council Employer-Employee Relations §§ 3524.50–3524.81 · 32 sections
- § 3524.50 This chapter shall be known and may be cited as the Judicial Council Employer-Employee Relations Act.
- § 3524.51 The Legislature finds and declares that it is the purpose of this chapter to promote full communication between the Judicial Council and its employees by…
- § 3524.52 For purposes of this chapter: (a) “Board” means the Public Employment Relations Board. The powers and duties of the board described in Section 3541.3 shall…
- § 3524.53 The Judicial Council shall have the sole authority and discretion to designate Judicial Council state employee positions as excluded positions, provided that…
- § 3524.54 Any person who willfully resists, prevents, impedes, or interferes with any member of the board, or any of its agents, in the performance of duties pursuant to…
- § 3524.55 The initial determination as to whether the charges of unfair practices are justified, and, if so, what remedy is necessary to effectuate the purposes of this…
- § 3524.56 Except as otherwise provided by the Legislature, Judicial Council employees shall have the right to form, join, and participate in the activities of employee…
- § 3524.57 Employee organizations shall have the right to represent their members in their employment relations with the Judicial Council, except that once an employee…
- § 3524.58 All employee organizations shall have the right to have membership dues, initiation fees, membership benefit programs, and general assessments deducted…
- § 3524.59 (a) Once an employee organization is recognized as the exclusive representative of an appropriate unit, it may enter into an agreement with the Judicial…
- § 3524.60 Any Judicial Council employee who pays a fair share fee shall have the right to demand and receive from the recognized employee organization, under procedures…
- § 3524.61 The scope of representation shall be limited to wages, hours, and other terms and conditions of employment, except, however, that the scope of representation…
- § 3524.62 (a) Except in cases of emergency as provided in subdivision (b), the employer shall give reasonable written notice to each recognized employee organization…
- § 3524.63 The Administrative Director of the Courts, or his or her designated representatives, acting with the authorization of the Chairperson of the Judicial Council,…
- § 3524.64 If an agreement is reached between the Administrative Director of the Courts and the recognized employee organization, they shall jointly prepare a written…
- § 3524.65 (a) Any side letter, appendix, or other addendum to a properly ratified memorandum of understanding that requires the expenditure of two hundred fifty thousand…
- § 3524.66 If the Legislature does not fully fund any provision of the memorandum of understanding that requires the expenditure of funds, either party may reopen…
- § 3524.67 (a) If a memorandum of understanding has expired, and the Administrative Director of the Courts and the recognized employee organization have not agreed to a…
- § 3524.68 If after a reasonable period of time, the Administrative Director of the Courts and the recognized employee organization fail to reach agreement, the…
- § 3524.69 A reasonable number of employee representatives of recognized employee organizations shall be granted reasonable time off without loss of compensation or other…
- § 3524.70 Managerial employees, confidential employees, supervisory employees, and excluded employees shall be prohibited from holding elective office in an employee…
- § 3524.71 It shall be unlawful for the Judicial Council to do any of the following: (a) Impose or threaten to impose reprisals on employees, to discriminate or threaten…
- § 3524.72 It shall be unlawful for an employee organization to do any of the following: (a) Cause or attempt to cause the Judicial Council to violate Section 3524.71.…
- § 3524.73 (a) Judicial review of a unit determination shall only be allowed under either of the following circumstances: (1) When the board, in response to a petition…
- § 3524.74 (a) The Judicial Council shall grant exclusive recognition to employee organizations designated or selected pursuant to rules established by the board for…
- § 3524.75 The Judicial Council shall adopt reasonable rules and regulations for all of the following: (a) Registering employee organizations, as defined by subdivision…
- § 3524.76 Notwithstanding any other law, if a decision by an administrative law judge regarding the recognition or certification of an employee organization is appealed,…
- § 3524.77 (a) In determining an appropriate unit, the board shall be governed by the criteria in subdivision (b). However, the board shall not direct an election in a…
- § 3524.78 (a) (1) All initial meet and confer proposals of recognized employee organizations shall be presented to the employer at a public meeting, and those proposals…
- § 3524.79 This chapter shall not be construed to apply Section 923 of the Labor Code to Judicial Council employees.
- § 3524.80 Nothing in this chapter shall be construed as modifying or eliminating any existing wages, hours, or terms and conditions of employment for Judicial Council…
- § 3524.81 If any provision of this chapter, or the application thereof, to any person or circumstances, is held invalid, the invalidity shall not affect any other…
CHAPTER 10.5. Excluded Employees Bill of Rights §§ 3525–3539.6 · 17 sections
- § 3525 This chapter shall be known, and may be cited, as the Bill of Rights for State Excluded Employees.
- § 3526 The purpose of this chapter is to inform state supervisory, managerial, confidential, and employees otherwise excepted from coverage under the Ralph C. Dills…
- § 3527 As used in this chapter: (a) “Employee” means a civil service employee of the State of California. The “State of California” as used in this chapter includes…
- § 3528 The Legislature hereby finds and declares that the rights and protections provided to excluded employees under this chapter constitute a matter of important…
- § 3529 (a) Except for supervisory employees as defined in subdivision (g) of Section 3513, excluded employees shall not hold any office in an employee organization…
- § 3530 Excluded employee organizations shall have the right to represent their excluded members in their employment relations, including grievances, with the State of…
- § 3531 Supervisory employees shall have the right to form, join, and participate in the activities of supervisory employee organizations of their own choosing for the…
- § 3532 The scope of representation for supervisory employees shall include all matters relating to employment conditions and supervisory employer-employee relations…
- § 3533 Upon request, the state shall meet and confer with verified supervisory organizations representing supervisory employees on matters within the scope of…
- § 3534 The state employer shall allow a reasonable number of supervisory public employee representatives of verified supervisory employee organizations reasonable…
- § 3535 The Department of Human Resources may adopt rules and regulations for the administration of excluded employer-employee relations, including supervisory…
- § 3536 The state may adopt reasonable rules and regulations providing for designation of the management and confidential employees of the state and restricting these…
- § 3537 Every excluded employee organization shall submit an annual registration statement on or before July 1 of each calendar year to the Department of Human…
- § 3538 The state employer and excluded employee organizations shall not interfere with, intimidate, restrain, coerce, or discriminate against supervisory employees…
- § 3539 The enactment of this chapter shall not make Section 923 of the Labor Code applicable to state employees.
- § 3539.5 (a) The Department of Human Resources may adopt or amend regulations to implement employee benefits for those state officers and employees excluded from, or…
- § 3539.6 Notwithstanding any other law, an employee excluded from the definition of “state employee” in subdivision (c) of Section 3513 or a nonelected officer of the…
CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment §§ 3540–3549.3 · 42 sections
ARTICLE 1. General Provisions §§ 3540–3540.2 · 3 sections
- § 3540 It is the purpose of this chapter to promote the improvement of personnel management and employer-employee relations within the public school systems in the…
- § 3540.1 As used in this chapter: (a) “Board” means the Public Employment Relations Board created pursuant to Section 3541. (b) “Certified organization” or “certified…
- § 3540.2 (a) A school district that has a qualified or negative certification pursuant to Section 42131 of the Education Code shall allow the county office of education…
ARTICLE 2. Administration §§ 3541–3541.5 · 5 sections
- § 3541 (a) There is in state government the Public Employment Relations Board which shall be independent of any state agency and shall consist of five members. The…
- § 3541.3 The board shall have all of the following powers and duties: (a) To determine in disputed cases, or otherwise approve, appropriate units. (b) To determine in…
- § 3541.35 Notwithstanding any other law, if a decision by an administrative law judge regarding the recognition or certification of an employee organization as described…
- § 3541.4 Any person who shall willfully resist, prevent, impede or interfere with any member of the board, or any of its agents, in the performance of duties pursuant…
- § 3541.5 The initial determination as to whether the charges of unfair practices are justified, and, if so, what remedy is necessary to effectuate the purposes of this…
ARTICLE 3. Judicial Review § 3542 · 1 section
- § 3542 (a) No employer or employee organization shall have the right to judicial review of a unit determination except: (1) when the board in response to a petition…
ARTICLE 4. Rights, Obligations, Prohibitions, and Unfair Practices §§ 3543–3543.8 · 9 sections
- § 3543 (a) Public school employees shall have the right to form, join, and participate in the activities of employee organizations of their own choosing for the…
- § 3543.1 (a) Employee organizations shall have the right to represent their members in their employment relations with public school employers, except that once an…
- § 3543.2 (a) (1) The scope of representation shall be limited to matters relating to wages, hours of employment, and other terms and conditions of employment. “Terms…
- § 3543.3 A public school employer or such representatives as it may designate who may, but need not be, subject to either certification requirements or requirements for…
- § 3543.4 A person serving in a management position, senior management position, or a confidential position may not be represented by an exclusive representative. Any…
- § 3543.5 It is unlawful for a public school employer to do any of the following: (a) Impose or threaten to impose reprisals on employees, to discriminate or threaten to…
- § 3543.6 It shall be unlawful for an employee organization to: (a) Cause or attempt to cause a public school employer to violate Section 3543. 5. (b) Impose or threaten…
- § 3543.7 The duty to meet and negotiate in good faith requires the parties to begin negotiations prior to the adoption of the final budget for the ensuing year…
- § 3543.8 (a) Any employee organization shall have standing to sue in any action or proceeding heretofore or hereafter instituted by it as representative and on behalf…
ARTICLE 5. Employee Organizations: Representation, Recognition, Certification, and Decertification §§ 3544–3544.9 · 6 sections
- § 3544 (a) An employee organization may become the exclusive representative for the employees of an appropriate unit for purposes of meeting and negotiating by filing…
- § 3544.1 The public school employer shall grant a request for recognition filed pursuant to Section 3544, unless any of the following apply: (a) The public school…
- § 3544.3 If, by January 1 of any school year, no employee organization has made a claim of majority support in an appropriate unit pursuant to Section 3544, a majority…
- § 3544.5 A petition may be filed with the board, in accordance with its rules and regulations, requesting it to investigate and decide the question of whether employees…
- § 3544.7 (a) Upon receipt of a petition filed pursuant to Section 3544.3 or 3544.5, the board shall conduct inquiries and investigations or hold any hearings it deems…
- § 3544.9 The employee organization recognized or certified as the exclusive representative for the purpose of meeting and negotiating shall fairly represent each and…
ARTICLE 6. Unit Determinations § 3545 · 1 section
- § 3545 (a) In each case where the appropriateness of the unit is an issue, the board shall decide the question on the basis of the community of interest between and…
ARTICLE 7. Organizational Security §§ 3546–3546.5 · 3 sections
- § 3546 (a) Notwithstanding any other provision of law, upon receiving notice from the exclusive representative of a public school employee who is in a unit for which…
- § 3546.3 Notwithstanding subdivision (i) of Section 3540.1, Section 3546, or any other provision of this chapter, any employee who is a member of a religious body whose…
- § 3546.5 Every recognized or certified employee organization shall keep an adequate itemized record of its financial transactions and shall make available annually, to…
ARTICLE 8. Public Notice §§ 3547–3547.5 · 2 sections
- § 3547 (a) All initial proposals of exclusive representatives and of public school employers, which relate to matters within the scope of representation, shall be…
- § 3547.5 (a) Before a public school employer enters into a written agreement with an exclusive representative covering matters within the scope of representation, the…
ARTICLE 9. Impasse Procedures §§ 3548–3548.8 · 9 sections
- § 3548 Either a public school employer or the exclusive representative may declare that an impasse has been reached between the parties in negotiations over matters…
- § 3548.1 (a) If the mediator is unable to effect settlement of the controversy within 15 days after his appointment and the mediator declares that factfinding is…
- § 3548.2 (a) The panel shall, within 10 days after its appointment, meet with the parties or their representatives, either jointly or separately, and may make inquiries…
- § 3548.3 (a) If the dispute is not settled within 30 days after the appointment of the panel, or, upon agreement by both parties, within a longer period, the panel…
- § 3548.4 Nothing in this article shall be construed to prohibit the mediator appointed pursuant to Section 3548 from continuing mediation efforts on the basis of the…
- § 3548.5 A public school employer and an exclusive representative who enter into a written agreement covering matters within the scope of representation may include in…
- § 3548.6 If the written agreement does not include procedures authorized by Section 3548.5, both parties to the agreement may agree to submit any disputes involving the…
- § 3548.7 Where a party to a written agreement is aggrieved by the failure, neglect, or refusal of the other party to proceed to arbitration pursuant to the procedures…
- § 3548.8 An arbitration award made pursuant to Section 3548.5, 3548.6, or 3548. 7 shall be final and binding upon the parties and may be enforced by a court pursuant to…
ARTICLE 10. Miscellaneous §§ 3549–3549.3 · 3 sections
- § 3549 The enactment of this chapter shall not be construed as making the provisions of Section 923 of the Labor Code applicable to public school employees and shall…
- § 3549.1 All the proceedings set forth in subdivisions (a) to (d), inclusive, are exempt from the provisions of Sections 35144 and 35145 of the Education Code, the…
- § 3549.3 If any provisions of this chapter or the application of such provision to any person or circumstances, shall be held invalid, the remainder of this chapter or…
CHAPTER 11. Prohibition on Public Employers Deterring or Discouraging Union Membership §§ 3550–3553 · 5 sections
- § 3550 A public employer shall not deter or discourage public employees or applicants to be public employees from becoming or remaining members of an employee…
- § 3551 (a) Except as provided in paragraphs (b) and (c), the Public Employment Relations Board shall have jurisdiction over violations of this chapter. The powers and…
- § 3551.5 (a) (1) An employee organization that is subject to the jurisdiction of the Public Employment Relations Board may bring a claim before the board alleging that…
- § 3552 For the purpose of this chapter: (a) “Employee organization” means an employee organization within the meaning of the provisions listed in subdivision (c). (b)…
- § 3553 (a) This section shall apply only when an employee organization has been recognized or certified by the governing body of the public employer or the Public…
CHAPTER 11.5. Public Employee Communication §§ 3555–3559 · 7 sections
- § 3555 The Legislature finds and declares that the ability of an exclusive representative to communicate with the public employees it represents is necessary to…
- § 3555.5 (a) This chapter applies to public employers subject to Chapter 10 (commencing with Section 3500), Chapter 10.3 (commencing with Section 3512), Chapter 10.4…
- § 3556 (a) Each public employer described in subdivision (a) of Section 3555.5 shall provide the exclusive representative mandatory access to its new employee…
- § 3557 (a) Except as provided in subdivision (g), upon request of the employer or the exclusive representative, the parties shall negotiate regarding the structure,…
- § 3558 (a) Subject to the exceptions provided here, the public employer shall provide the exclusive representative with the name, job title, department, work…
- § 3558.8 (a) A public employer shall grant to public employees, upon request of the exclusive representative of that employee, reasonable leaves of absence without loss…
- § 3559 The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other…
CHAPTER 12. Higher Education Employer-Employee Relations §§ 3560–3599 · 61 sections
ARTICLE 1. General Provisions §§ 3560–3562.2 · 5 sections
- § 3560 The Legislature hereby finds and declares that: (a) The people of the State of California have a fundamental interest in the development of harmonious and…
- § 3561 (a) It is the further purpose of this chapter to provide orderly and clearly defined procedures for meeting and conferring and the resolution of impasses, and…
- § 3562 As used in this chapter: (a) “Arbitration” means a method of resolving a rights dispute under which the parties to a controversy must accept the award of a…
- § 3562.1 The California State University may meet and confer with the employee organization selected as the exclusive representative of appropriate units at the…
- § 3562.2 Notwithstanding subdivision (r) of Section 3562, for purposes of the California State University only, “scope of representation” also means any retirement…
ARTICLE 2. Administration §§ 3563–3563.5 · 5 sections
- § 3563 This chapter shall be administered by the Public Employment Relations Board. In administering this chapter the board shall have all of the following rights,…
- § 3563.1 Any person who shall willfully resist, prevent, impede or interfere with any member of the board, or any of its agents, in the performance of duties pursuant…
- § 3563.2 The initial determination as to whether the charges of unfair practices are justified, and, if so, what remedy is necessary to effectuate the purposes of this…
- § 3563.3 The board shall have the power to issue a decision and order directing an offending party to cease and desist from the unfair practice and to take such…
- § 3563.5 Notwithstanding any other law, if a decision by an administrative law judge regarding the recognition or certification of an employee organization as described…
ARTICLE 3. Judicial Review § 3564 · 1 section
- § 3564 (a) No employer or employee organization shall have the right to judicial review of a unit determination except: (1) when the board in response to a petition…
ARTICLE 4. Rights, Obligations, Prohibitions, and Unfair Labor Practices §§ 3565–3572.5 · 15 sections
- § 3565 Higher education employees shall have the right to form, join and participate in the activities of employee organizations of their own choosing for the purpose…
- § 3566 The Trustees of the California State University shall adopt reasonable rules and regulations for all of the following: (a) Registering employee organizations,…
- § 3567 Any employee or group of employees may at any time, either individually or through a representative of their own choosing, present grievances to the employer…
- § 3568 Subject to reasonable regulations, employee organizations shall have the right of access at reasonable times to areas in which employees work, the right to use…
- § 3569 A reasonable number of representatives of an exclusive representative shall have the right to receive reasonable periods of released or reassigned time without…
- § 3569.5 (a) The state shall allow up to three employee representatives from each employee organization which represents employees of the California State University…
- § 3570 Higher education employers, or such representatives as they may designate, shall engage in meeting and conferring with the employee organization selected as…
- § 3571 It shall be unlawful for the higher education employer to do any of the following: (a) Impose or threaten to impose reprisals on employees, to discriminate or…
- § 3571.1 It shall be unlawful for an employee organization to: (a) Cause or attempt to cause the higher education employer to violate Section 3571. (b) Impose or…
- § 3571.3 The expression of any views, arguments, or opinions, or the dissemination thereof, whether in written, printed, graphic, or visual form, shall not constitute,…
- § 3571.5 (a) (1) (A) A higher education employer shall provide a procedure for all medical and dental interns and residents, persons in resident physician subspecialty…
- § 3572 This section shall apply only to the California State University. (a) The duty to meet and confer in good faith requires the parties to begin negotiations…
- § 3572.1 This section shall apply only to the California Maritime Academy. (a) The duty to engage in meeting and conferring requires the parties to begin meeting and…
- § 3572.3 (a) This section shall apply only to the University of California. (b) The duty to engage in meeting and conferring requires the parties to begin meeting and…
- § 3572.5 (a) Except as provided in subdivision (b), in the case where the following provisions of law are in conflict with a memorandum of understanding, the memorandum…
ARTICLE 5. Employee Organizations: Representation, Recognition, Certification and Decertification §§ 3573–3578 · 6 sections
- § 3573 An employee organization may become the exclusive representative for the employees of an appropriate unit for purposes of meeting and conferring by filing a…
- § 3574 The higher education employer shall grant a request for recognition filed pursuant to Section 3573 unless any of the following occurs: (a) The employer…
- § 3575 A petition may be filed with the board, in accordance with its rules and regulations, requesting it to investigate and decide the question of whether employees…
- § 3576 A petition may be filed with the board, in accordance with its rules and regulations, requesting it to investigate and decide the question of whether the…
- § 3577 (a) (1) (A) Upon receipt of a petition filed pursuant to Section 3575, the board shall conduct inquiries and investigations, or hold hearings, as it deems…
- § 3578 The employee organization recognized or certified as the exclusive representative shall represent all employees in the unit, fairly and impartially. A breach…
ARTICLE 6. Unit Determinations § 3579 · 1 section
- § 3579 (a) In each case where the appropriateness of a unit is an issue, in determining an appropriate unit, the board shall take into consideration all of the…
ARTICLE 6.5. Supervisors §§ 3580–3581.7 · 10 sections
- § 3580 Except as provided by this article, supervisory employees shall not have the rights, or be covered by, any provision or definition established by this chapter.
- § 3580.3 “Supervisory employee” means any individual, regardless of the job description or title, having authority, in the interest of the employer to hire, transfer,…
- § 3580.5 (a) Supervisory employees shall not participate in the handling of grievances on behalf of nonsupervisory employees. Nonsupervisory employees shall not…
- § 3581.1 Supervisory employees shall have the right to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of…
- § 3581.2 Employee organizations shall have the right to represent their supervisory employee members in their employment relations, including grievances, with the…
- § 3581.3 The scope of representation for supervisory employees shall include all matters relating to employment conditions and supervisory employee-employer relations…
- § 3581.4 The higher education employer shall meet and confer with representatives of employee organizations upon request. Meet and confer means that they shall consider…
- § 3581.5 The higher education employer shall allow a reasonable number of supervisory public employee representatives of verified employee organizations reasonable time…
- § 3581.6 The higher education employer and employee organizations shall not interfere with, intimidate, restrain, coerce, or discriminate against supervisory employees…
- § 3581.7 Subject to review by the board, the higher education employer may adopt reasonable rules and regulations for the administration of supervisory…
ARTICLE 7. Organizational Security §§ 3582–3587 · 7 sections
- § 3582 Subject to the limitations set forth in this section, organizational security shall be within the scope of representation.
- § 3583 Permissible forms of organizational security shall be limited to either of the following: (a) An arrangement pursuant to which an employee may decide whether…
- § 3583.5 (a) (1) Notwithstanding any other provision of law, any employee of the California State University or the University of California, other than a faculty…
- § 3584 (a) Notwithstanding Section 3583.5, an employee of the California State University or the University of California, other than faculty of the University of…
- § 3585 In the absence of an arrangement pursuant to Section 3583 or 3583.5, an employer shall, upon written authorization by the employee involved, deduct and remit…
- § 3586 The Trustees of the California State University shall continue all payroll assignments authorized by an employee prior to and until recognition or…
- § 3587 Every recognized or certified employee organization shall keep an adequate itemized record of its financial transactions and shall make available annually, to…
ARTICLE 8. Rights-Disputes Arbitration § 3589 · 1 section
- § 3589 (a) An employer and an exclusive representative who enter into a written memorandum of understanding may agree to procedures for final and binding arbitration…
ARTICLE 9. Impasse Procedure §§ 3590–3594 · 5 sections
- § 3590 Either an employer or the exclusive representative may declare that an impasse has been reached between the parties in negotiations over matters within the…
- § 3591 If the mediator is unable to effect settlement of the controversy within 15 days after his appointment and the mediator declares that factfinding is…
- § 3592 The panel shall, within 10 days after its appointment, meet with the parties or their representatives and consider their respective positions. The panel may…
- § 3593 (a) If the dispute is not settled within 30 days after the appointment of the panel, or, upon agreement by both parties, within a longer period, the panel…
- § 3594 Nothing in this article shall be construed to prohibit the mediator appointed pursuant to Section 3590, with the permission of the parties, from continuing…
ARTICLE 10. Public Notice § 3595 · 1 section
- § 3595 (a) All initial proposals of exclusive representatives and of higher education employers, which relate to matters within the scope of representation, shall be…
ARTICLE 11. Miscellaneous §§ 3596–3599 · 4 sections
- § 3596 All the proceedings set forth in this section shall be exempt from the provisions of Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of…
- § 3597 (a) Subject to provisions of subdivision (d), in all meeting and conferring between higher education employers and employee organizations representing student…
- § 3598 No memorandum of understanding shall contravene any federal or state law, including rules and regulations promulgated pursuant to such laws, prohibiting…
- § 3599 If any provision of this chapter or the application of such provision to any person or circumstance shall be held invalid, the remainder of this chapter, or…
CHAPTER 12.5. Legislature Employer-Employee Relations §§ 3599.50–3599.84 · 34 sections
- § 3599.50 This chapter shall be known, and may be cited, as the Legislature Employer-Employee Relations Act.
- § 3599.51 The Legislature finds and declares that it is the purpose of this chapter to promote full communication between each employer and its employees by providing a…
- § 3599.52 For purposes of this chapter: (a) “Board” means the Public Employment Relations Board. The powers and duties of the board described in Section 3541.3 also…
- § 3599.54 Any person who willfully resists, prevents, impedes, or interferes with any member of the board, or any of its agents, in the performance of duties pursuant to…
- § 3599.55 The initial determination as to whether charges of unfair practices are justified, and, if so, what remedy is necessary to effectuate the purposes of this…
- § 3599.56 Employees have the right to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on…
- § 3599.57 Employee organizations have the right to represent their members in their employment relations with the employer, except that once an employee organization is…
- § 3599.58 All employee organizations have the right to have membership dues, initiation fees, membership benefit programs, and general assessments deducted pursuant to…
- § 3599.59 (a) Once an employee organization is recognized as the exclusive representative of an appropriate unit, it may enter into an agreement with the employer…
- § 3599.60 (a) The scope of representation is limited to wages, hours, and other terms and conditions of employment, except that the scope of representation does not…
- § 3599.61 (a) Except in cases of emergency as provided in subdivision (b), the employer shall give reasonable written notice to each recognized employee organization…
- § 3599.62 (a) The employer shall meet and confer in good faith regarding wages, hours, and other terms and conditions of employment with representatives of recognized…
- § 3599.63 If an agreement is reached between the employer and the recognized employee organization, the parties shall jointly prepare a written memorandum of…
- § 3599.64 A side letter, appendix, or other addendum to a properly ratified memorandum of understanding shall be expressly identified by the parties if that side letter,…
- § 3599.65 If the employer does not fully fund any provision of the memorandum of understanding that requires the expenditure of funds, either party may reopen…
- § 3599.66 (a) If a memorandum of understanding has expired, and the employer and the recognized employee organization have not agreed to a new memorandum of…
- § 3599.67 If, after a reasonable period of time, the employer and the recognized employee organization fail to reach an agreement, the employer and the recognized…
- § 3599.68 A reasonable number of employee representatives of recognized employee organizations shall be granted reasonable time off without loss of compensation or other…
- § 3599.69 It is unlawful for the employer to do any of the following: (a) Impose or threaten to impose reprisals on employees, discriminate or threaten to discriminate…
- § 3599.70 It is unlawful for an employee organization to do any of the following: (a) Cause or attempt to cause the employer to violate Section 3599.69. (b) Impose or…
- § 3599.71 (a) Judicial review of a unit determination is allowed only under either of the following circumstances: (1) When the board, in response to a petition from the…
- § 3599.72 (a) The employer shall grant exclusive recognition to employee organizations designated or selected pursuant to rules established by the board for employees or…
- § 3599.73 The employer shall adopt reasonable rules for all of the following: (a) Registering employee organizations, as defined by subdivision (c) of Section 3599.52.…
- § 3599.74 Notwithstanding any other law, if a decision by an administrative law judge regarding the recognition or certification of an employee organization is appealed,…
- § 3599.75 (a) In determining an appropriate unit, the board is governed by the criteria in subdivision (b). However, the board shall not direct an election in a unit…
- § 3599.76 (a) (1) All initial meet and confer proposals of recognized employee organizations shall be presented to the employer at a public meeting, and those proposals…
- § 3599.77 This chapter does not apply Section 923 of the Labor Code to employees.
- § 3599.78 This chapter does not modify or eliminate any existing wages, hours, or terms and conditions of employment for employees. All existing wages, hours, and terms…
- § 3599.79 If any provision of this chapter, or the application thereof to any person or circumstances, is held invalid, the invalidity shall not affect any other…
- § 3599.80 Expenses incurred by the employer in relation to a properly ratified memorandum of understanding pursuant to this chapter are subject to Section 7.5 of Article…
- § 3599.81 Notwithstanding any other law, the expression of any views, arguments, or opinions, or the dissemination thereof in any form, by a Member of the Legislature or…
- § 3599.82 Notwithstanding Article 3.5 (commencing with Section 9070) of Chapter 1.5 of Part 1 of Division 2 of Title 2, or any other law, the employer is not required to…
- § 3599.83 Employees of the Legislature are exempt from civil service under the California Constitution. A memorandum of understanding entered into between an employer…
- § 3599.84 This chapter shall become operative on July 1, 2026.