Amended IN Assembly March 19, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1681Introduced by Assembly Member GonzalezFebruary 22, 2019An act to amend Section 905.1 of the Government Code, relating to government liability. An act to amend Section 3545 of the Government Code, relating to public employment.LEGISLATIVE COUNSEL'S DIGESTAB 1681, as amended, Gonzalez. Government claims: eminent domain. Public employees: collective bargaining: unit determinations.Existing law authorizes public school employees to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations, as specified. Existing law establishes a process for an employee organization to become the exclusive representative of an appropriate unit for purposes of meeting and negotiating, as specified. Under existing law, in each case where the appropriateness of the unit is an issue, the Public Employment Relations Board is required to decide the question on the basis of the community of interest between and among the employees and their established practices including, among other things, the extent to which those employees belong to the same employee organization, and the effect of the size of the unit on the efficient operation of the school district. Existing law establishes a standard in the case of a district that employs 20 or more supervisory peace officer employees, providing that a negotiating unit of supervisory employees employed by such a district shall be appropriate if the unit includes all supervisory peace officer employees or all supervisory nonpeace officer employees, or both.This bill would eliminate the threshold of 20 or more supervisory peace officer employees for that appropriateness standard, thereby applying the standard to any district that employs such employees.The Government Claims Act establishes procedures for bringing claims for money or damages against a public entity. A claim is not required to be filed to maintain an action against a public entity for taking of, or damage to, private property pursuant to eminent domain provisions of the California Constitution. The act requires the board of a public entity, as defined, to process any claim that is filed against a public entity for taking of, or damage to, private property pursuant to those provisions.This bill would make nonsubstantive changes to those claim procedures relating to emininent domain.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 3545 of the Government Code is amended to read: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 among the employees and their established practices including, among other things, the extent to which such those employees belong to the same employee organization, and the effect of the size of the unit on the efficient operation of the school district.(b) In all cases:(1) A negotiating unit that includes classroom teachers shall not be appropriate unless it at least includes all of the classroom teachers employed by the public school employer, except management employees, supervisory employees, and confidential employees.(2) Except as provided in subdivision (c), a negotiating unit of supervisory employees shall not be appropriate unless it includes all supervisory employees employed by the district and shall not be represented by the same employee organization as employees whom the supervisory employees supervise.(3) Classified employees and certificated employees shall not be included in the same negotiating unit.(c) In the case of a district which that employs 20 or more supervisory peace officer employees, a negotiating unit of supervisory employees shall be appropriate if it includes any of the following:(1) All supervisory nonpeace officer employees employed by the district and all supervisory peace officer employees employed by the district.(2) All supervisory nonpeace officer employees employed by the district, exclusively.(3) All supervisory peace officer employees employed by the district, exclusively. A negotiating unit of supervisory employees shall not be represented by the same employee organization as employees whom the supervisory employees supervise. SECTION 1.Section 905.1 of the Government Code is amended to read:905.1.(a)A claim is not required to be filed to maintain an action against a public entity for taking of, or damage to, private property pursuant to Section 19 of Article I of the California Constitution.(b)However, the board, in accordance with this part, shall process any claim that is filed against a public entity for the taking of, or damage to, private property pursuant to Section 19 of Article I of the California Constitution.
Amended IN Assembly March 19, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1681Introduced by Assembly Member GonzalezFebruary 22, 2019An act to amend Section 905.1 of the Government Code, relating to government liability. An act to amend Section 3545 of the Government Code, relating to public employment.LEGISLATIVE COUNSEL'S DIGESTAB 1681, as amended, Gonzalez. Government claims: eminent domain. Public employees: collective bargaining: unit determinations.Existing law authorizes public school employees to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations, as specified. Existing law establishes a process for an employee organization to become the exclusive representative of an appropriate unit for purposes of meeting and negotiating, as specified. Under existing law, in each case where the appropriateness of the unit is an issue, the Public Employment Relations Board is required to decide the question on the basis of the community of interest between and among the employees and their established practices including, among other things, the extent to which those employees belong to the same employee organization, and the effect of the size of the unit on the efficient operation of the school district. Existing law establishes a standard in the case of a district that employs 20 or more supervisory peace officer employees, providing that a negotiating unit of supervisory employees employed by such a district shall be appropriate if the unit includes all supervisory peace officer employees or all supervisory nonpeace officer employees, or both.This bill would eliminate the threshold of 20 or more supervisory peace officer employees for that appropriateness standard, thereby applying the standard to any district that employs such employees.The Government Claims Act establishes procedures for bringing claims for money or damages against a public entity. A claim is not required to be filed to maintain an action against a public entity for taking of, or damage to, private property pursuant to eminent domain provisions of the California Constitution. The act requires the board of a public entity, as defined, to process any claim that is filed against a public entity for taking of, or damage to, private property pursuant to those provisions.This bill would make nonsubstantive changes to those claim procedures relating to emininent domain.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO
Amended IN Assembly March 19, 2019
Amended IN Assembly March 19, 2019
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Assembly Bill No. 1681
Introduced by Assembly Member GonzalezFebruary 22, 2019
Introduced by Assembly Member Gonzalez
February 22, 2019
An act to amend Section 905.1 of the Government Code, relating to government liability. An act to amend Section 3545 of the Government Code, relating to public employment.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1681, as amended, Gonzalez. Government claims: eminent domain. Public employees: collective bargaining: unit determinations.
Existing law authorizes public school employees to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations, as specified. Existing law establishes a process for an employee organization to become the exclusive representative of an appropriate unit for purposes of meeting and negotiating, as specified. Under existing law, in each case where the appropriateness of the unit is an issue, the Public Employment Relations Board is required to decide the question on the basis of the community of interest between and among the employees and their established practices including, among other things, the extent to which those employees belong to the same employee organization, and the effect of the size of the unit on the efficient operation of the school district. Existing law establishes a standard in the case of a district that employs 20 or more supervisory peace officer employees, providing that a negotiating unit of supervisory employees employed by such a district shall be appropriate if the unit includes all supervisory peace officer employees or all supervisory nonpeace officer employees, or both.This bill would eliminate the threshold of 20 or more supervisory peace officer employees for that appropriateness standard, thereby applying the standard to any district that employs such employees.The Government Claims Act establishes procedures for bringing claims for money or damages against a public entity. A claim is not required to be filed to maintain an action against a public entity for taking of, or damage to, private property pursuant to eminent domain provisions of the California Constitution. The act requires the board of a public entity, as defined, to process any claim that is filed against a public entity for taking of, or damage to, private property pursuant to those provisions.This bill would make nonsubstantive changes to those claim procedures relating to emininent domain.
Existing law authorizes public school employees to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations, as specified. Existing law establishes a process for an employee organization to become the exclusive representative of an appropriate unit for purposes of meeting and negotiating, as specified. Under existing law, in each case where the appropriateness of the unit is an issue, the Public Employment Relations Board is required to decide the question on the basis of the community of interest between and among the employees and their established practices including, among other things, the extent to which those employees belong to the same employee organization, and the effect of the size of the unit on the efficient operation of the school district. Existing law establishes a standard in the case of a district that employs 20 or more supervisory peace officer employees, providing that a negotiating unit of supervisory employees employed by such a district shall be appropriate if the unit includes all supervisory peace officer employees or all supervisory nonpeace officer employees, or both.
This bill would eliminate the threshold of 20 or more supervisory peace officer employees for that appropriateness standard, thereby applying the standard to any district that employs such employees.
The Government Claims Act establishes procedures for bringing claims for money or damages against a public entity. A claim is not required to be filed to maintain an action against a public entity for taking of, or damage to, private property pursuant to eminent domain provisions of the California Constitution. The act requires the board of a public entity, as defined, to process any claim that is filed against a public entity for taking of, or damage to, private property pursuant to those provisions.
This bill would make nonsubstantive changes to those claim procedures relating to emininent domain.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 3545 of the Government Code is amended to read: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 among the employees and their established practices including, among other things, the extent to which such those employees belong to the same employee organization, and the effect of the size of the unit on the efficient operation of the school district.(b) In all cases:(1) A negotiating unit that includes classroom teachers shall not be appropriate unless it at least includes all of the classroom teachers employed by the public school employer, except management employees, supervisory employees, and confidential employees.(2) Except as provided in subdivision (c), a negotiating unit of supervisory employees shall not be appropriate unless it includes all supervisory employees employed by the district and shall not be represented by the same employee organization as employees whom the supervisory employees supervise.(3) Classified employees and certificated employees shall not be included in the same negotiating unit.(c) In the case of a district which that employs 20 or more supervisory peace officer employees, a negotiating unit of supervisory employees shall be appropriate if it includes any of the following:(1) All supervisory nonpeace officer employees employed by the district and all supervisory peace officer employees employed by the district.(2) All supervisory nonpeace officer employees employed by the district, exclusively.(3) All supervisory peace officer employees employed by the district, exclusively. A negotiating unit of supervisory employees shall not be represented by the same employee organization as employees whom the supervisory employees supervise. SECTION 1.Section 905.1 of the Government Code is amended to read:905.1.(a)A claim is not required to be filed to maintain an action against a public entity for taking of, or damage to, private property pursuant to Section 19 of Article I of the California Constitution.(b)However, the board, in accordance with this part, shall process any claim that is filed against a public entity for the taking of, or damage to, private property pursuant to Section 19 of Article I of the California Constitution.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 3545 of the Government Code is amended to read: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 among the employees and their established practices including, among other things, the extent to which such those employees belong to the same employee organization, and the effect of the size of the unit on the efficient operation of the school district.(b) In all cases:(1) A negotiating unit that includes classroom teachers shall not be appropriate unless it at least includes all of the classroom teachers employed by the public school employer, except management employees, supervisory employees, and confidential employees.(2) Except as provided in subdivision (c), a negotiating unit of supervisory employees shall not be appropriate unless it includes all supervisory employees employed by the district and shall not be represented by the same employee organization as employees whom the supervisory employees supervise.(3) Classified employees and certificated employees shall not be included in the same negotiating unit.(c) In the case of a district which that employs 20 or more supervisory peace officer employees, a negotiating unit of supervisory employees shall be appropriate if it includes any of the following:(1) All supervisory nonpeace officer employees employed by the district and all supervisory peace officer employees employed by the district.(2) All supervisory nonpeace officer employees employed by the district, exclusively.(3) All supervisory peace officer employees employed by the district, exclusively. A negotiating unit of supervisory employees shall not be represented by the same employee organization as employees whom the supervisory employees supervise.
SECTION 1. Section 3545 of the Government Code is amended to read:
### SECTION 1.
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 among the employees and their established practices including, among other things, the extent to which such those employees belong to the same employee organization, and the effect of the size of the unit on the efficient operation of the school district.(b) In all cases:(1) A negotiating unit that includes classroom teachers shall not be appropriate unless it at least includes all of the classroom teachers employed by the public school employer, except management employees, supervisory employees, and confidential employees.(2) Except as provided in subdivision (c), a negotiating unit of supervisory employees shall not be appropriate unless it includes all supervisory employees employed by the district and shall not be represented by the same employee organization as employees whom the supervisory employees supervise.(3) Classified employees and certificated employees shall not be included in the same negotiating unit.(c) In the case of a district which that employs 20 or more supervisory peace officer employees, a negotiating unit of supervisory employees shall be appropriate if it includes any of the following:(1) All supervisory nonpeace officer employees employed by the district and all supervisory peace officer employees employed by the district.(2) All supervisory nonpeace officer employees employed by the district, exclusively.(3) All supervisory peace officer employees employed by the district, exclusively. A negotiating unit of supervisory employees shall not be represented by the same employee organization as employees whom the supervisory employees supervise.
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 among the employees and their established practices including, among other things, the extent to which such those employees belong to the same employee organization, and the effect of the size of the unit on the efficient operation of the school district.(b) In all cases:(1) A negotiating unit that includes classroom teachers shall not be appropriate unless it at least includes all of the classroom teachers employed by the public school employer, except management employees, supervisory employees, and confidential employees.(2) Except as provided in subdivision (c), a negotiating unit of supervisory employees shall not be appropriate unless it includes all supervisory employees employed by the district and shall not be represented by the same employee organization as employees whom the supervisory employees supervise.(3) Classified employees and certificated employees shall not be included in the same negotiating unit.(c) In the case of a district which that employs 20 or more supervisory peace officer employees, a negotiating unit of supervisory employees shall be appropriate if it includes any of the following:(1) All supervisory nonpeace officer employees employed by the district and all supervisory peace officer employees employed by the district.(2) All supervisory nonpeace officer employees employed by the district, exclusively.(3) All supervisory peace officer employees employed by the district, exclusively. A negotiating unit of supervisory employees shall not be represented by the same employee organization as employees whom the supervisory employees supervise.
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 among the employees and their established practices including, among other things, the extent to which such those employees belong to the same employee organization, and the effect of the size of the unit on the efficient operation of the school district.(b) In all cases:(1) A negotiating unit that includes classroom teachers shall not be appropriate unless it at least includes all of the classroom teachers employed by the public school employer, except management employees, supervisory employees, and confidential employees.(2) Except as provided in subdivision (c), a negotiating unit of supervisory employees shall not be appropriate unless it includes all supervisory employees employed by the district and shall not be represented by the same employee organization as employees whom the supervisory employees supervise.(3) Classified employees and certificated employees shall not be included in the same negotiating unit.(c) In the case of a district which that employs 20 or more supervisory peace officer employees, a negotiating unit of supervisory employees shall be appropriate if it includes any of the following:(1) All supervisory nonpeace officer employees employed by the district and all supervisory peace officer employees employed by the district.(2) All supervisory nonpeace officer employees employed by the district, exclusively.(3) All supervisory peace officer employees employed by the district, exclusively. A negotiating unit of supervisory employees shall not be represented by the same employee organization as employees whom the supervisory employees supervise.
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 among the employees and their established practices including, among other things, the extent to which such those employees belong to the same employee organization, and the effect of the size of the unit on the efficient operation of the school district.
(b) In all cases:
(1) A negotiating unit that includes classroom teachers shall not be appropriate unless it at least includes all of the classroom teachers employed by the public school employer, except management employees, supervisory employees, and confidential employees.
(2) Except as provided in subdivision (c), a negotiating unit of supervisory employees shall not be appropriate unless it includes all supervisory employees employed by the district and shall not be represented by the same employee organization as employees whom the supervisory employees supervise.
(3) Classified employees and certificated employees shall not be included in the same negotiating unit.
(c) In the case of a district which that employs 20 or more supervisory peace officer employees, a negotiating unit of supervisory employees shall be appropriate if it includes any of the following:
(1) All supervisory nonpeace officer employees employed by the district and all supervisory peace officer employees employed by the district.
(2) All supervisory nonpeace officer employees employed by the district, exclusively.
(3) All supervisory peace officer employees employed by the district, exclusively.
A negotiating unit of supervisory employees shall not be represented by the same employee organization as employees whom the supervisory employees supervise.
(a)A claim is not required to be filed to maintain an action against a public entity for taking of, or damage to, private property pursuant to Section 19 of Article I of the California Constitution.
(b)However, the board, in accordance with this part, shall process any claim that is filed against a public entity for the taking of, or damage to, private property pursuant to Section 19 of Article I of the California Constitution.