Government Code — Part 51 | GOV — United States — California law | Esheria

Government Code

Part 51 of 107 · provisions 10,001–10,200

This act is named the Government Code.

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This section defines key terms used in the CalSavers retirement savings title. This section creates the CalSavers Retirement Savings Board and sets rules for how the board, program administrator, and staff must operate. This section creates the CalSavers Retirement Savings Trust, assigns the board to administer it, requires the board to split trust money into a program fund and an administrative fund, and gives the Treasurer and the board investment-related powers. It also caps administrative fund spending at 1% of the total program fund after six years from implementation and exempts certain securities from specified Corporations Code sections. The CalSavers Retirement Savings Program must include one or more payroll deduction IRA arrangements, as determined by the board. The board has broad authority over the trust, including contracts, investments, staff, insurance, cooperation, and rulemaking.

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Provisions of Government Code

Showing 200 of 21,333

  1. 3571.1.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 4. Rights, Obligations, Prohibitions, and Unfair Labor Practices [3565 - 3572.5] ( Article 4 added by Stats. 1978, Ch. 744. )

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    An employee organization must not do several listed acts, including pressuring the employer to violate Section 3571, mistreating employees for exercising chapter rights, refusing bargaining or impasse procedures, failing fair representation, charging certain excessive or discriminatory fees, or seeking payment for unperformed services.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 4. Rights, Obligations, Prohibitions, and Unfair Labor Practices [3565 - 3572.5] ( Article 4 added by Stats. 1978, Ch. 744. ) ## 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 threaten to impose reprisals on employees, to discriminate or threaten to discriminate against employees, or otherwise to interfere with, restrain, or coerce employees because of their exercise of rights guaranteed by this chapter. (c) Refuse or fail to engage in meeting and conferring with the higher education employer. (d) Refuse to participate in good faith in the impasse procedure set forth in Article 9 (commencing with Section 3590). (e) Fail to represent fairly and impartially all the employees in the unit for which it is the exclusive representative. (f) Require of employees covered by a memorandum of understanding to which it is a party the payment of a fee, as a condition precedent to becoming a member of such organization, in an amount which the board finds excessive or discriminatory under all the circumstances. In making such a finding, the board shall consider, among other relevant factors, the practices and customs of employee organizations in higher education, and the wages currently paid to the employees affected. (g) Cause, or attempt to cause, an employer to pay or deliver, or agree to pay or deliver, any money or other thing of value, in the nature of an exaction, for services which are not performed or are not to be performed. (Added by Stats. 1978, Ch. 744.)
  2. 3571.3.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 4. Rights, Obligations, Prohibitions, and Unfair Labor Practices [3565 - 3572.5] ( Article 4 added by Stats. 1978, Ch. 744. )

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    Most speech or expression does not count as an unfair labor practice unless it includes a threat of reprisal, force, or a promise of benefit; an employer also may not favor one employee organization over another.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 4. Rights, Obligations, Prohibitions, and Unfair Labor Practices [3565 - 3572.5] ( Article 4 added by Stats. 1978, Ch. 744. ) ## 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, or be evidence of, an unfair labor practice under any provision of this chapter, unless such expression contains a threat of reprisal, force, or promise of benefit; provided, however, that the employer shall not express a preference for one employee organization over another employee organization. (Added by Stats. 1978, Ch. 744.)
  3. 3571.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 4. Rights, Obligations, Prohibitions, and Unfair Labor Practices [3565 - 3572.5] ( Article 4 added by Stats. 1978, Ch. 744. )

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    A higher education employer must provide a challenge procedure for certain medical and dental trainees, and employees must first use available grievance processes before challenging a termination or discipline.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 4. Rights, Obligations, Prohibitions, and Unfair Labor Practices [3565 - 3572.5] ( Article 4 added by Stats. 1978, Ch. 744. ) ## 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 programs accredited by the Accreditation Council for Graduate Medical Education, and other postgraduate medical and dental trainees in programs not accredited by the Accreditation Council for Graduate Medical Education to challenge a termination of employment or a disciplinary action by the higher education employer, as specified in subparagraph (B). (B) Before exercising a challenge under this section, a higher education employee shall first exhaust any administrative or academic grievance processes that are available to that employee. An administrative or disciplinary action taken by the higher education employer that is based on neither clinical nor academic matters and that is subject to appeal under that employer’s procedures may be grieved. The exclusive representative may file a grievance following the result of the higher education employer’s formal review. (2) A challenge by an employee described in paragraph (1) pursuant to this section shall be heard by a panel consisting of a designee of the exclusive representative, a designated representative of the graduate medical education program, and an impartial hearing officer or arbitrator. The panel shall have the power to review the employer’s action and provide a full remedy for termination or discipline without just cause. If the employee is represented by an exclusive representative, the impartial hearing officer or arbitrator shall be jointly selected by the higher education employer and exclusive representative. (3) If there is a memorandum of understanding between a higher education employer and an exclusive representative that provides a procedure for the employee or employee’s representative to challenge a termination of employment or a disciplinary action before a neutral decisionmaker, the provisions of the memorandum of understanding providing for that procedure shall control over the requirements of this section. (b) (1) This section shall not apply to a termination of employment or disciplinary action based on those academic or clinical matters that are excluded from the scope of representation. For purposes of this section, “academic or clinical matters” means those matters that relate to whether the employee has developed the practice-based learning and improvement, patient care and procedural skills, systems-based practice related to medical judgment, and medical knowledge competencies that are necessary to function at the current level of training, advance to the next level of training, or be assessed as eligible for graduation and board certification. (2) For matters that are submitted to arbitration, an arbitrator shall not have the authority to order a higher education employer to advance an employee or trainee to the next level of training, or attest that an employee or trainee is eligible for graduation or board certification. (c) For purposes of this section, “disciplinary action” means restriction, suspension, nonrenewal, or termination of employment. (Added by Stats. 2021, Ch. 563, Sec. 1. (AB 615) Effective January 1, 2022.)
  4. 3572.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 4. Rights, Obligations, Prohibitions, and Unfair Labor Practices [3565 - 3572.5] ( Article 4 added by Stats. 1978, Ch. 744. )

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    This section applies only to the California State University and sets timing, liaison, and approval rules for meet-and-confer negotiations and written memoranda.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 4. Rights, Obligations, Prohibitions, and Unfair Labor Practices [3565 - 3572.5] ( Article 4 added by Stats. 1978, Ch. 744. ) ## 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 prior to the adoption of the final budget for the ensuing year sufficiently in advance of the adoption date so that there is adequate time for agreement to be reached, or for the resolution of an impasse. The California State University shall maintain close liaison with the Department of Finance and the Legislature relative to the meeting and conferring on provisions of the written memoranda that have fiscal ramifications. The Governor shall appoint one representative to attend the meeting and conferring, including the impasse procedure, to advise the parties on the views of the Governor on matters that would require an appropriation or legislative action, and the Speaker of the Assembly and the Senate Committee on Rules may each appoint one representative to attend the meeting and conferring to advise the parties on the views of the Legislature on matters that would require an appropriation or legislative action. (b) No written memoranda reached pursuant to this chapter that require budgetary or curative action by the Legislature or other funding agencies shall be effective unless and until that action has been taken. Following execution of written memoranda of understanding, an appropriate request for financing or budgetary funding for all state-funded employees or for necessary legislation shall be forwarded promptly to the Legislature and the Governor or other funding agencies. When memoranda require legislative action pursuant to this section, if the Legislature or the Governor fail to fully fund the memoranda or to take the requisite curative action, the entire memoranda shall be referred back to the parties for further meeting and conferring unless the parties agree that provisions of the memoranda that are nonbudgetary and do not require funding shall take effect whether or not the funding requests submitted to the Legislature are approved. (Amended by Stats. 2006, Ch. 538, Sec. 230. Effective January 1, 2007.)
  5. 3572.1.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 4. Rights, Obligations, Prohibitions, and Unfair Labor Practices [3565 - 3572.5] ( Article 4 added by Stats. 1978, Ch. 744. )

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    This section applies only to the California Maritime Academy and sets rules for meeting and conferring, funding follow-up, and trustee action on memoranda of understanding.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 4. Rights, Obligations, Prohibitions, and Unfair Labor Practices [3565 - 3572.5] ( Article 4 added by Stats. 1978, Ch. 744. ) ## 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 conferring at least 60 days prior to the expiration of memoranda of understanding, or May 1, if earlier, of any year in which a memorandum shall expire, or May 1, if there is no existing memorandum of understanding. The trustees shall maintain close liaison with the Department of Finance and the Legislature relative to the meeting and conferring on provisions of the written memoranda that have fiscal ramifications. No written memoranda reached pursuant to this chapter that require budgetary or curative action by the Legislature or other funding agencies, including the Federal Maritime Administration, shall be effective unless and until that action has been taken. Following execution of written memoranda of understanding, an appropriate request for financing or budgetary funding for all state-funded employees or for necessary legislation will be forwarded promptly to the Legislature and the Governor or other funding agencies. When memoranda require legislative action pursuant to this section, if the Legislature or the Governor fails fully to fund the memoranda or to take the requisite curative action, the entire memoranda shall be referred back to the parties for further meeting and conferring; provided, however, that the parties may agree that provisions of the memoranda that are nonbudgetary and do not require funding shall take effect whether or not the funding requests submitted to the Legislature are approved. The Legislature recognizes that the California Maritime Academy’s sources of funding are multiple, and approval by the Legislature, and by other public agencies, as to employees funded by those agencies, may be required prior to implementation of increased expenditures resulting from agreements reached in accordance with this chapter. (b) The Legislature finds that federal funding in support of the California Maritime Academy is essential. The trustees may suspend or modify any provision of a memorandum of understanding that jeopardizes federal funding, but shall provide notice to exclusive representatives of any such suspension or modification and shall meet and confer with the exclusive representative, if requested to do so, to explain the need for, and the effects of, the suspension or modification. (c) Any memorandum of understanding that is in effect at the time that the employer-employee relations of the California Maritime Academy is transferred from the Ralph C. Dills Act (Chapter 10.3 (commencing with Section 3512) of Division 4 of Title 1), to the Higher Education Employer-Employee Relations Act (Chapter 12 (commencing with Section 3560) of Division 4 of Title 1), shall remain in effect until the end of the term of the memorandum of understanding, upon extension of the contracts in existence on June 30, 1995, or until superseded by a new memorandum of understanding. (d) If agreement is reached to extend existing memoranda of understanding covering California Maritime Academy employees beyond the current June 30, 1995, expiration date, then any decisions, agreements, or settlements made by the California State University in the administration of the memoranda of understanding relative to employees of the California Maritime Academy shall not be binding upon, or considered as precedent required to be followed by, the Department of Human Resources. (e) This section shall become operative on July 1, 1995. (Amended by Stats. 2012, Ch. 665, Sec. 40. (SB 1308) Effective January 1, 2013.)
  6. 3572.3.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 4. Rights, Obligations, Prohibitions, and Unfair Labor Practices [3565 - 3572.5] ( Article 4 added by Stats. 1978, Ch. 744. )

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    This section applies only to the University of California and requires certain parties to begin meeting and conferring at least 60 days before the relevant memorandum deadline.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 4. Rights, Obligations, Prohibitions, and Unfair Labor Practices [3565 - 3572.5] ( Article 4 added by Stats. 1978, Ch. 744. ) ## 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 conferring at least 60 days before the expiration of memoranda of understanding, or the May 1, if earlier, of any year in which a memorandum shall expire, or May 1, if there is no existing memorandum. The University of California and the college named in Section 92200 of the Education Code shall maintain close liaison with the Department of Finance and the Legislature relative to the meeting and conferring on provisions of the written memoranda which have fiscal ramifications. (c) Written memoranda reached pursuant to the provisions of this chapter that require budgetary or curative action by the Legislature or other funding agencies shall not be effective unless and until such an action has been taken. Following execution of written memoranda of understanding, an appropriate request for financing or budgetary funding in the aggregate for all state-funded employees or for necessary legislation will be forwarded promptly to the Legislature and the Governor or other funding agencies. When memoranda require legislative action pursuant to this section, if the Legislature or the Governor fail to fully fund the memoranda or to take the requisite curative action, the entire memoranda shall be referred back to the parties for further meeting and conferring; provided, however, that the parties may agree that provisions of the memoranda that are nonbudgetary and do not require funding shall take effect whether or not the aggregate funding requests submitted to the Legislature are approved. The Legislature recognizes that the University of California’s sources of funding are multiple and approval by the Legislature, and by other public agencies, as to employees funded by those agencies, may be required before implementation of increased expenditures resulting from agreements reached in accordance with the provisions of this chapter. (Amended by Stats. 2022, Ch. 478, Sec. 52. (AB 1936) Effective January 1, 2023.)
  7. 3572.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 4. Rights, Obligations, Prohibitions, and Unfair Labor Practices [3565 - 3572.5] ( Article 4 added by Stats. 1978, Ch. 744. )

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    If listed laws conflict with a memorandum of understanding, the memorandum controls, subject to the subdivision (b) exceptions.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 4. Rights, Obligations, Prohibitions, and Unfair Labor Practices [3565 - 3572.5] ( Article 4 added by Stats. 1978, Ch. 744. ) ## 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 of understanding shall be controlling. (1) Part 13 (commencing with Section 22000) of, and Sections 66609, 89007, 89039, 89500, 89501, 89502, 89503, 89504, 89505, 89505.5, 89506, 89507, 89508, 89510, 89512, 89513, 89514, 89515, 89516, 89517, 89518, 89519, 89520, 89523, 89524, 89527, 89531, 89532, 89533, 89534, 89537, 89541, 89542, 89543, 89544, 89545, 89546, 89550, 89551, 89552, 89553, 89554, 89555, 89556, 89700, and 89701 of, the Education Code. (2) Sections 825, 825.2, 825.6, 3569.5, 6700, 11020, and 11021, Chapter 2 (commencing with Section 18150) of Part 1 of Division 5 of Title 2, Sections 18200, 19841, 19848, 19850.6, and 19864, Article 4 (commencing with Section 19869) and Article 5 (commencing with Section 19878) of Chapter 2.5 of Part 2.6 of Division 5 of Title 2, and Section 22871. (3) Sections 395, 395.01, 395.05, 395.1, and 395.3 of the Military and Veterans Code. (b) (1) Notwithstanding the inclusion in Section 89542.5 of the Education Code, except with respect to paragraph (5) of subdivision (a) of that section, of a provision providing that, if the statute is in conflict with a memorandum of understanding reached pursuant to this chapter, the memorandum of understanding shall be controlling without further legislative action, unless the memorandum of understanding requires the expenditure of funds, that section, except for paragraph (5) of subdivision (a) of that section, provides a minimum level of benefits or rights, and is superseded by a memorandum of understanding only if the relevant terms of the memorandum of understanding provide more than the minimum level of benefits or rights set forth in that section, except for paragraph (5) of subdivision (a) of that section. (2) This subdivision only applies to a memorandum of understanding entered into on or after January 1, 2002. (Amended by Stats. 2004, Ch. 69, Sec. 7. Effective June 24, 2004.)
  8. 3573.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 5. Employee Organizations: Representation, Recognition, Certification and Decertification [3573 - 3578] ( Article 5 added by Stats. 1978, Ch. 744. )

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    An employee organization may seek exclusive representation by filing a request with the higher education employer and showing majority support; the request must describe the unit and certify proof of majority support, and notice of the request must be posted immediately.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 5. Employee Organizations: Representation, Recognition, Certification and Decertification [3573 - 3578] ( Article 5 added by Stats. 1978, Ch. 744. ) ## 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 request with a higher education employer alleging that a majority of the employees in an appropriate unit wish to be represented by such organization and asking the employer to recognize it as the exclusive representative. The request shall describe the grouping of jobs or positions which constitute the unit claimed to be appropriate and shall certify that proof of majority support has been submitted to either the board or to a mutually agreed upon third party. Notice of any such request shall immediately be posted conspicuously on all employee bulletin boards in each facility of the employer in which members of the unit claimed to be appropriate are employed. (Added by Stats. 1978, Ch. 744.)
  9. 3574.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 5. Employee Organizations: Representation, Recognition, Certification and Decertification [3573 - 3578] ( Article 5 added by Stats. 1978, Ch. 744. )

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    A higher education employer must grant a request for recognition unless one of the listed exceptions applies.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 5. Employee Organizations: Representation, Recognition, Certification and Decertification [3573 - 3578] ( Article 5 added by Stats. 1978, Ch. 744. ) ## 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 reasonably doubts that the employee organization has majority support or reasonably doubts the appropriateness of the requested unit. In that case, the employer shall notify the board, which shall conduct a representation election or verify proof of majority support pursuant to Section 3577 unless subdivision (c) or (d) applies. (b) Another employee organization either files with the employer a challenge to the appropriateness of the unit or submits a competing claim of representation within 15 workdays of the posting of notice of the written request. If the claim is evidenced by the support of at least 30 percent of the members of the proposed unit, a question of representation shall be deemed to exist and the board shall conduct a representation election pursuant to Section 3577. Proof of that support shall be submitted to either the board or to a mutually agreed upon third party. (c) There is currently in effect a lawful written memorandum of understanding between the employer and another employee organization recognized or certified as the exclusive representative of any employees included in the unit described in the request for recognition, unless the request for recognition is filed not more than 120 days and not less than 90 days prior to the expiration date of the memorandum of understanding, provided that, if the memorandum of understanding has been in effect for three years or more, there shall be no restriction as to the time of filing the request. The existence of a memorandum of understanding, or current certification as the exclusive representative, shall be the proof of support necessary to trigger a representation election pursuant to Section 3577 to determine majority support when a request for recognition is made by another employee organization. (d) Within the previous 12 months, either another employee organization has been lawfully recognized or certified as the exclusive representative of any employees included in the unit described in the request for recognition, or a majority of the votes cast in a representation election held pursuant to Section 3577 were cast for “no representation.” (Amended by Stats. 2003, Ch. 216, Sec. 1. Effective January 1, 2004.)
  10. 3575.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 5. Employee Organizations: Representation, Recognition, Certification and Decertification [3573 - 3578] ( Article 5 added by Stats. 1978, Ch. 744. )

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    An employee organization may file a petition with the board to seek a decision on exclusive representation or unit appropriateness, and a certification petition must include proof of 30% interest.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 5. Employee Organizations: Representation, Recognition, Certification and Decertification [3573 - 3578] ( Article 5 added by Stats. 1978, Ch. 744. ) ## 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 have selected or wish to select an exclusive representative or to determine the appropriateness of a unit, by: (a) An employee organization alleging that it has filed a request for recognition as an exclusive representative with an employer and that the request has been denied or has not been acted upon within 30 days after the filing of the request; or (b) An employee organization alleging that it has filed a competing claim of representation pursuant to subdivision (b) of Section 3574; or (c) An employee organization wishing to be certified by the board as the exclusive representative. Such petition for certification as the exclusive representative in an appropriate unit shall include proof of a 30-percent showing of interest designating the organization as the exclusive representative of the employees. (Added by Stats. 1978, Ch. 744.)
  11. 3576.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 5. Employee Organizations: Representation, Recognition, Certification and Decertification [3573 - 3578] ( Article 5 added by Stats. 1978, Ch. 744. )

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    A petition may be filed with the board to ask it to investigate and decide whether employees want to decertify an exclusive representative or reconsider a unit’s appropriateness.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 5. Employee Organizations: Representation, Recognition, Certification and Decertification [3573 - 3578] ( Article 5 added by Stats. 1978, Ch. 744. ) ## 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 employees wish to decertify an exclusive representative or to reconsider the appropriateness of a unit. Such petition may allege that the employees in an appropriate unit no longer desire a particular employee organization as their exclusive representative, provided that such petition is supported by 30 percent of the employees in the unit indicating support for another organization or lack of support for the incumbent exclusive representative. (Added by Stats. 1978, Ch. 744.)
  12. 3577.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 5. Employee Organizations: Representation, Recognition, Certification and Decertification [3573 - 3578] ( Article 5 added by Stats. 1978, Ch. 744. )

    Verify source ↗

    The board must investigate a petition and may hold hearings, order a secret-ballot election, certify the result, and conduct a runoff if no choice wins a majority.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 5. Employee Organizations: Representation, Recognition, Certification and Decertification [3573 - 3578] ( Article 5 added by Stats. 1978, Ch. 744. ) ## 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 necessary in order to decide the questions raised by the petition. The determination of the board may be based upon the evidence adduced in the inquiries, investigations, or hearings. (B) If the board finds, on the basis of the evidence, that a question of representation exists, or a question of representation is deemed to exist pursuant to subdivision (a) or (b) of Section 3574, it shall, in a case where the criteria of subparagraph (A) of paragraph (2) are not met, order that an election shall be conducted by secret ballot placing on the ballot all employee organizations evidencing support of at least 10 percent of the members of an appropriate unit, and it shall certify the results of the election on the basis of which ballot choice received a majority of the valid votes cast. There shall be printed on the initial ballot the choice of “no representation.” (C) If, at any election, no choice on the ballot receives a majority of the votes cast, a runoff election shall be conducted. The ballot for the runoff election shall provide for a selection between the two choices receiving the largest and second largest number of valid votes cast in the election. (2) (A) If the petitioning employee organization provides proof of support of more than 50 percent of the members of the appropriate unit, and no other employee organization has provided proof of support of at least 30 percent of the members of the appropriate unit, the employee organization providing the proof of support of more than 50 percent of the appropriate unit shall be certified by the board as the exclusive representative, as provided in subdivision (a) of Section 3563 and, where applicable, in Section 3579. The procedures for determining proof of support shall be defined by regulations of the board. (B) In the event the petitioning employee organization does not provide proof of support of more than 50 percent of the members of the appropriate unit, or another employee organization provides proof of support of at least 30 percent of the members of the appropriate unit, then the procedures of paragraph (1) shall apply. (C) The existence of a memorandum of understanding, or current certification as the exclusive representative, shall be the proof of support necessary to trigger a representation election pursuant to this section to determine majority support when a request for recognition is made by another employee organization. (3) An employee organization shall, at its discretion, submit proof of support for the purposes of this section either to the board or to a mutually agreed-upon third party. (b) No election shall be held and the petition shall be dismissed whenever either of the following occurs: (1) There is currently in effect a memorandum of understanding between the employer and another employee organization recognized or certified as the exclusive representative of any employees included in the unit described in the petition, unless the petition is filed not more than 120 days and not less than 90 days prior to the expiration date of that memorandum. If the memorandum has been in effect for three years or more, there shall be no restriction as to time of filing the petition. (2) Within the previous 12 months, either an employee organization other than the petitioner has been lawfully recognized or certified as the exclusive representative of any employees included in the unit described in the petition, or a majority of the votes cast in a representation election held pursuant to subdivision (a) were cast for “no representation.” (Amended by Stats. 2003, Ch. 216, Sec. 2. Effective January 1, 2004.)
  13. 3578.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 5. Employee Organizations: Representation, Recognition, Certification and Decertification [3573 - 3578] ( Article 5 added by Stats. 1978, Ch. 744. )

    Verify source ↗

    An exclusive representative employee organization must represent all employees in the unit fairly and impartially.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 5. Employee Organizations: Representation, Recognition, Certification and Decertification [3573 - 3578] ( Article 5 added by Stats. 1978, Ch. 744. ) ## 3578. The employee organization recognized or certified as the exclusive representative shall represent all employees in the unit, fairly and impartially. A breach of this duty shall be deemed to have occurred if the employee organization’s conduct in representation is arbitrary, discriminatory, or in bad faith. (Added by Stats. 1978, Ch. 744.)
  14. 3579.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 6. Unit Determinations [3579- 3579.] ( Article 6 added by Stats. 1978, Ch. 744. )

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    The board must consider listed criteria when deciding whether a unit is appropriate, may not approve a unit that includes peace officers with other employees, and must hold an election in a specified academic-senate situation. Some groups also have a right to appear on the ballot.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 6. Unit Determinations [3579- 3579.] ( Article 6 added by Stats. 1978, Ch. 744. ) ## 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 following criteria: (1) The internal and occupational community of interest among the employees, including, but not limited to, the extent to which they perform functionally related services or work toward established common goals, the history of employee representation with the employer, the extent to which the employees belong to the same employee organization, the extent to which the employees have common skills, working conditions, job duties, or similar educational or training requirements, and the extent to which the employees have common supervision. (2) The effect that the projected unit will have on the meet and confer relationships, emphasizing the availability and authority of employer representatives to deal effectively with employee organizations representing the unit, and taking into account factors such as work location, the numerical size of the unit, the relationship of the unit to organizational patterns of the higher education employer, and the effect on the existing classification structure or existing classification schematic of dividing a single class or single classification schematic among two or more units. (3) The effect of the proposed unit on efficient operations of the employer and the compatibility of the unit with the responsibility of the higher education employer and its employees to serve students and the public. (4) The number of employees and classifications in a proposed unit, and its effect on the operations of the employer, on the objectives of providing the employees the right to effective representation, and on the meet and confer relationship. (5) The impact on the meet and confer relationship created by fragmentation of employee groups or any proliferation of units among the employees of the employer. (b) There shall be a presumption that professional employees and nonprofessional employees shall not be included in the same representation unit. However, the presumption shall be rebuttable, depending upon what the evidence pertinent to the criteria set forth in subdivision (a) establishes. (c) There shall be a presumption that all employees within an occupational group or groups located principally within the State of California shall be included within a single representation unit. However, the presumption shall be rebutted if there is a preponderance of evidence that a single representation unit is inconsistent with the criteria set forth in subdivision (a) or with the purposes of this chapter. (d) Notwithstanding the foregoing provisions of this section, or any other law, an appropriate group of skilled crafts employees shall have the right to be a single, separate unit of representation. Skilled crafts employees shall include, but not necessarily be limited to, employment categories such as carpenters, plumbers, electricians, painters, and operating engineers. The single unit of representation shall include not less than all skilled crafts employees at a campus or at a Lawrence Laboratory. (e) (1) (A) Notwithstanding the foregoing provisions of this section, the only appropriate representation units including members of the Academic Senate of the University of California shall be either a single statewide unit consisting of all eligible members of the senate, or divisional units consisting of all eligible members of a division of the senate. (B) Notwithstanding subparagraph (A), if the University of California adds to the academic senate an existing job classification that was previously outside of the academic senate, and employees in that job classification were represented by an exclusive representative, that job classification and those employees shall continue to be represented by that exclusive representative. (2) In addition to the limitations of subdivision (q) of Section 3562, the scope of representation of any divisional unit shall be limited to those matters that have customarily been determined on a division basis, but the employer shall consult with the exclusive representative of a division on matters that would be within the scope of representation or consultation of a statewide representative. (3) When 35 percent of the eligible members of the academic senate are represented by an exclusive representative or representatives in divisional units, the board, on petition of a representative or of an organization composed of those representatives, shall conduct an election to determine if the eligible members of the entire senate wish thereafter to be represented by a representative or organization in a single unit on all matters within the scope of representation. Any other exclusive representative or organization of representatives or any employee organization meeting the requirements of subdivision (a) of Section 3577 shall be entitled, on petition, to appear on the ballot, and in the event no choice receives a majority of the votes cast, the runoff provisions of subdivision (a) of Section 3577 shall be applicable. (f) The board shall not determine that any unit is appropriate if it includes, together with other employees, employees who are defined as peace officers pursuant to subdivisions (b) and (c) of Section 830.2 of the Penal Code. (Amended by Stats. 2022, Ch. 28, Sec. 54. (SB 1380) Effective January 1, 2023.)
  15. 3580.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 6.5. Supervisors [3580 - 3581.7] ( Article 6.5 added by Stats. 1978, Ch. 744. )

    Verify source ↗

    Supervisory employees are generally excluded from the rights and coverage created by this chapter, except where this article provides otherwise.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 6.5. Supervisors [3580 - 3581.7] ( Article 6.5 added by Stats. 1978, Ch. 744. ) ## 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. (Added by Stats. 1978, Ch. 744.)
  16. 3580.3.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 6.5. Supervisors [3580 - 3581.7] ( Article 6.5 added by Stats. 1978, Ch. 744. )

    Verify source ↗

    This section defines when an individual is a “supervisory employee.”

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 6.5. Supervisors [3580 - 3581.7] ( Article 6.5 added by Stats. 1978, Ch. 744. ) ## 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, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibility to direct them, or to adjust their grievances, or effectively to recommend such action, if, in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment. With respect to faculty or academic employees, any department chair, head of a similar academic unit or program, or other employee who performs the foregoing duties primarily in the interest of and on behalf of the members of the academic department, unit or program, shall not be deemed a supervisory employee solely because of such duties; provided, that with respect to the University of California and the college named in Section 92200 of the Education Code, there shall be a rebuttable presumption that such an individual appointed by the employer to an indefinite term shall be deemed to be a supervisor. Employees whose duties are substantially similar to those of their subordinates shall not be considered to be supervisory employees. (Amended by Stats. 2022, Ch. 478, Sec. 53. (AB 1936) Effective January 1, 2023.)
  17. 3580.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 6.5. Supervisors [3580 - 3581.7] ( Article 6.5 added by Stats. 1978, Ch. 744. )

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    Supervisory and nonsupervisory employees are barred from representing the other group in grievance handling, meet-and-confer sessions, and certain ratification votes.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 6.5. Supervisors [3580 - 3581.7] ( Article 6.5 added by Stats. 1978, Ch. 744. ) ## 3580.5. (a) Supervisory employees shall not participate in the handling of grievances on behalf of nonsupervisory employees. Nonsupervisory employees shall not participate in the handling of grievances on behalf of supervisory employees. (b) Supervisory employees shall not participate in meet and confer sessions on behalf of nonsupervisory employees. Nonsupervisory employees shall not participate in meet and confer sessions on behalf of supervisory employees. (c) The prohibition in subdivisions (a) and (b) shall not be construed to apply to the paid staff of an employee organization. (d) Supervisory employees shall not vote on questions of ratification or rejection of memoranda of understanding reached on behalf of nonsupervisory employees. (Added by Stats. 1978, Ch. 744.)
  18. 3581.1.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 6.5. Supervisors [3580 - 3581.7] ( Article 6.5 added by Stats. 1978, Ch. 744. )

    Verify source ↗

    Supervisory employees have the right to form, join, and take part in employee organizations of their choice, and they may refuse to join or participate. They also may represent themselves individually in employment relations with the employer.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 6.5. Supervisors [3580 - 3581.7] ( Article 6.5 added by Stats. 1978, Ch. 744. ) ## 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 representation on all matters of supervisory employee-employer relations as set forth in Section 3581.3. Supervisory employees also shall have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the employer. (Added by Stats. 1978, Ch. 744.)
  19. 3581.2.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 6.5. Supervisors [3580 - 3581.7] ( Article 6.5 added by Stats. 1978, Ch. 744. )

    Verify source ↗

    Employee organizations have the right to represent their supervisory members in employment matters and grievances, and employees may also appear for themselves or through a chosen representative.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 6.5. Supervisors [3580 - 3581.7] ( Article 6.5 added by Stats. 1978, Ch. 744. ) ## 3581.2. Employee organizations shall have the right to represent their supervisory employee members in their employment relations, including grievances, with the employer. Employee organizations may establish reasonable restrictions regarding who may join and may make reasonable provisions for the dismissal of employees from membership. Nothing in this section shall prohibit any employee from appearing on his or her own behalf or through his or her chosen representative in his or her employment relations and grievances with the higher education employer. (Added by Stats. 1978, Ch. 744.)
  20. 3581.3.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 6.5. Supervisors [3580 - 3581.7] ( Article 6.5 added by Stats. 1978, Ch. 744. )

    Verify source ↗

    For supervisory employees, the scope of representation includes employment conditions and employee-employer relations, including wages and hours.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 6.5. Supervisors [3580 - 3581.7] ( Article 6.5 added by Stats. 1978, Ch. 744. ) ## 3581.3. The scope of representation for supervisory employees shall include all matters relating to employment conditions and supervisory employee-employer relations including wages, hours, and other terms and conditions of employment. (Added by Stats. 1978, Ch. 744.)
  21. 3581.4.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 6.5. Supervisors [3580 - 3581.7] ( Article 6.5 added by Stats. 1978, Ch. 744. )

    Verify source ↗

    A higher education employer must meet and confer with employee organization representatives when requested.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 6.5. Supervisors [3580 - 3581.7] ( Article 6.5 added by Stats. 1978, Ch. 744. ) ## 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 as fully as the employer deems reasonable such presentations as are made by the employee organization on behalf of its supervisory members prior to arriving at a determination of policy or course of action. (Added by Stats. 1978, Ch. 744.)
  22. 3581.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 6.5. Supervisors [3580 - 3581.7] ( Article 6.5 added by Stats. 1978, Ch. 744. )

    Verify source ↗

    A higher education employer must give a reasonable number of supervisory representatives from verified employee organizations reasonable time off, without loss of pay or benefits, when they meet and confer on matters within the scope of representation.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 6.5. Supervisors [3580 - 3581.7] ( Article 6.5 added by Stats. 1978, Ch. 744. ) ## 3581.5. The higher education employer shall allow a reasonable number of supervisory public employee representatives of verified employee organizations reasonable time off without loss of compensation or other benefits when meeting and conferring with representatives of the higher education employer on matters within the scope of representation. (Added by Stats. 1978, Ch. 744.)
  23. 3581.6.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 6.5. Supervisors [3580 - 3581.7] ( Article 6.5 added by Stats. 1978, Ch. 744. )

    Verify source ↗

    Higher education employers and employee organizations must not interfere with, intimidate, restrain, coerce, or discriminate against supervisory employees because they exercise rights under this article.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 6.5. Supervisors [3580 - 3581.7] ( Article 6.5 added by Stats. 1978, Ch. 744. ) ## 3581.6. The higher education employer and employee organizations shall not interfere with, intimidate, restrain, coerce, or discriminate against supervisory employees because of their exercise of their rights under this article. (Added by Stats. 1978, Ch. 744.)
  24. 3581.7.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 6.5. Supervisors [3580 - 3581.7] ( Article 6.5 added by Stats. 1978, Ch. 744. )

    Verify source ↗

    A higher education employer may adopt reasonable rules and regulations for supervisory employee-employer relations, subject to board review.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 6.5. Supervisors [3580 - 3581.7] ( Article 6.5 added by Stats. 1978, Ch. 744. ) ## 3581.7. Subject to review by the board, the higher education employer may adopt reasonable rules and regulations for the administration of supervisory employee-employer relations under this article. Such rules and regulations may include provisions for: (a) Verifying that an employee organization does in fact represent supervisory employees of the employer. (b) Verifying the official status of employee organization officers and representatives. (c) Access of employee organization officers and representatives to work locations. (d) Use of official bulletin boards and other means of communication by employee organizations. (e) Furnishing nonconfidential information pertaining to supervisory employee relations to employee organizations. (f) Such other matters as are necessary to carry out the purposes of this article. (Added by Stats. 1978, Ch. 744.)
  25. 3582.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 7. Organizational Security [3582 - 3587] ( Article 7 added by Stats. 1978, Ch. 744. )

    Verify source ↗

    Organizational security is within the scope of representation, subject to the section’s limitations.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 7. Organizational Security [3582 - 3587] ( Article 7 added by Stats. 1978, Ch. 744. ) ## 3582. Subject to the limitations set forth in this section, organizational security shall be within the scope of representation. (Added by Stats. 1978, Ch. 744.)
  26. 3583.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 7. Organizational Security [3582 - 3587] ( Article 7 added by Stats. 1978, Ch. 744. )

    Verify source ↗

    This section limits organizational security arrangements to two forms and requires an employer, in one form, to deduct and pay certain union-related amounts from employees who join. It also lets an employee choose whether to join and protects the employee’s right to resign within 30 days before a memorandum of understanding expires.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 7. Organizational Security [3582 - 3587] ( Article 7 added by Stats. 1978, Ch. 744. ) ## 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 or not to join the recognized or certified employee organization, but which requires the employer to deduct from the wages or salary of any employee who does join, and pay to the employee organization which is the exclusive representative of that employee, the standard initiation fee, periodic dues, and general assessments of the organization for the duration of the written memorandum of understanding. This arrangement shall not deprive the employee of the right to resign from the employee organization within a period of 30 days prior to the expiration of a written memorandum of understanding. (b) The arrangement described in Section 3583.5. (Amended by Stats. 1999, Ch. 952, Sec. 1. Effective January 1, 2000.)
  27. 3583.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 7. Organizational Security [3582 - 3587] ( Article 7 added by Stats. 1978, Ch. 744. )

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    Certain CSU and UC employees covered by an exclusive representative must either join the employee organization or pay a fair share service fee.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 7. Organizational Security [3582 - 3587] ( Article 7 added by Stats. 1978, Ch. 744. ) ## 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 member of the University of California who is eligible for membership in the Academic Senate, who is in a unit for which an exclusive representative has been selected pursuant to this chapter, shall be required, as a condition of continued employment, either to join the recognized employee organization or to pay the organization a fair share service fee. The amount of the fee shall not exceed the dues that are payable by members of the employee organization, and shall cover the cost of negotiation, contract administration, and other activities of the employee organization that are germane to its functions as the exclusive bargaining representative. Upon notification to the employer by the exclusive representative, the amount of the fee shall be deducted by the employer from the wages or salary of the employee and paid to the employee organization. (2) The costs covered by the fee under this section may include, but shall not necessarily be limited to, the cost of lobbying activities designed to foster collective bargaining negotiations and contract administration, or to secure for the represented employees advantages in wages, hours, and other conditions of employment in addition to those secured through meeting and conferring with the higher education employer. (b) The organizational security arrangement described in subdivision (a) shall remain in effect unless it is rescinded pursuant to subdivision (c). The higher education employer shall remain neutral, and shall not participate in any election conducted under this section unless required to do so by the board. (c) (1) The organizational security arrangement described in subdivision (a) may be rescinded by a majority vote of all the employees in the negotiating unit subject to that arrangement, if a request for a vote is supported by a petition containing the signatures of at least 30 percent of the employees in the negotiating unit, and the signatures are obtained in one academic year. There shall not be more than one vote taken during the term of any memorandum of understanding in effect on or after January 1, 2000. (2) If the organizational security arrangement described in subdivision (a) is rescinded pursuant to paragraph (1), a majority of all the employees in the negotiating unit may request that the arrangement be reinstated. That request shall be submitted to the board along with a petition containing the signatures of at least 30 percent of the employees in the negotiating unit. The vote shall be conducted at the worksite by secret ballot, and shall be conducted no sooner than one year after the rescission of the organizational security arrangement under this subdivision. (3) If the board determines that the appropriate number of signatures have been collected, it shall conduct the vote to rescind or reinstate in a manner that it shall prescribe in accordance with this subdivision. (4) The cost of conducting an election under this subdivision to reinstate the organizational security arrangement shall be borne by the petitioning party, and the cost of conducting an election to rescind the arrangement shall be borne by the board. (Amended by Stats. 2001, Ch. 159, Sec. 104. Effective January 1, 2002.)
  28. 3584.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 7. Organizational Security [3582 - 3587] ( Article 7 added by Stats. 1978, Ch. 744. )

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    Certain CSU and UC employees with qualifying religious objections do not have to join or financially support a public employee organization, but may have to make substitute payments and prove those payments monthly. Covered employee organizations must keep itemized financial records and give annual financial reports to the employer and member employees.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 7. Organizational Security [3582 - 3587] ( Article 7 added by Stats. 1978, Ch. 744. ) ## 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 California who are eligible for membership in the Academic Senate, who is a member of a bona fide religion, body, or sect that has historically held conscientious objections to joining or financially supporting public employee organizations, shall not be required to join or financially support any public employee organization as a condition of employment. An employee to which this subdivision is applicable may be required, in lieu of periodic dues, initiation fees, or agency shop fees, to pay sums equal to the amount of the fair share service fee determined pursuant to subdivision (a) of Section 3583.5 to a nonreligious, nonlabor charitable fund exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, chosen by the employee from a list of at least three of these funds designated by the employer and the exclusive representative or, if the employer and exclusive representative fail to designate funds, chosen by the employee. Proof of these payments shall be made on a monthly basis to the employer as a condition of continued exemption from the requirement of financial support of the exclusive representative. (b) Every recognized or certified employee organization that has an agency shop provision under this section shall keep an adequate itemized record of its financial transactions, and shall make available annually, to the employer and to the employees who are members of the organization, within 60 days after the end of its fiscal year, a detailed written financial report thereof in the form of a balance sheet and an operating statement, certified as to accuracy by the president and treasurer or comparable officers. An employee organization covering employees governed under this chapter and required to file financial reports under the federal Labor-Management Disclosure Act of 1959 (29 U.S.C. Sec. 401 et seq.) , or required to file financial reports under Section 3546.5, may satisfy the financial reporting requirements of this section by providing the employer with a copy of those financial reports. (Added by Stats. 1999, Ch. 952, Sec. 3. Effective January 1, 2000.)
  29. 3585.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 7. Organizational Security [3582 - 3587] ( Article 7 added by Stats. 1978, Ch. 744. )

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    An employer must deduct and remit certain employee dues and fees when the employee gives written authorization, subject to the stated conditions.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 7. Organizational Security [3582 - 3587] ( Article 7 added by Stats. 1978, Ch. 744. ) ## 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 to the exclusive representative or, in the absence of an exclusive representative, to the employee organization of the employee’s choice, the standard initiation fee, periodic dues, and general assessments of that organization, until the time an exclusive representative has been selected for the employee’s unit. Thereafter, deductions shall be made only for the exclusive representative. (Amended by Stats. 1999, Ch. 952, Sec. 4. Effective January 1, 2000.)
  30. 3586.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 7. Organizational Security [3582 - 3587] ( Article 7 added by Stats. 1978, Ch. 744. )

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    The Trustees of the California State University must keep employee-authorized payroll assignments going until an exclusive representative is recognized or certified, and then until the employee submits notice to stop them.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 7. Organizational Security [3582 - 3587] ( Article 7 added by Stats. 1978, Ch. 744. ) ## 3586. The Trustees of the California State University shall continue all payroll assignments authorized by an employee prior to and until recognition or certification of an exclusive representative until notification is submitted by an employee to discontinue the employee’s assignments. (Amended by Stats. 1983, Ch. 142, Sec. 27.)
  31. 3587.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 7. Organizational Security [3582 - 3587] ( Article 7 added by Stats. 1978, Ch. 744. )

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    Recognized or certified employee organizations must keep itemized financial records and give an annual written financial report to the board and their members within 60 days after fiscal year end.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 7. Organizational Security [3582 - 3587] ( Article 7 added by Stats. 1978, Ch. 744. ) ## 3587. Every recognized or certified employee organization shall keep an adequate itemized record of its financial transactions and shall make available annually, to the board and to the employees who are members of the organization, within 60 days after the end of its fiscal year, a detailed written financial report thereof in the form of a balance sheet and an operating statement, certified as to accuracy by the president and treasurer or comparable officers. In the event of failure of compliance with this section, any employee within the organization may petition the board for an order compelling such compliance, or the board may issue such compliance order on its motion. (Added by Stats. 1978, Ch. 744.)
  32. 3589.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 8. Rights-Disputes Arbitration [3589- 3589.] ( Article 8 added by Stats. 1978, Ch. 744. )

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    The parties may agree to arbitration procedures, and the board must help with arbitrator selection when mutually requested.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 8. Rights-Disputes Arbitration [3589- 3589.] ( Article 8 added by Stats. 1978, Ch. 744. ) ## 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 of disputes that may arise under the memorandum of understanding or between the parties. (b) Where a party to a memorandum of understanding is aggrieved by the failure, neglect, or refusal of the other party to proceed to arbitration pursuant to the procedures provided therefor in the memorandum, the aggrieved party may bring proceedings pursuant to Title 9 (commencing with Section 1280) of Part 3 of the Code of Civil Procedure for a court order directing that the arbitration proceed pursuant to the procedures provided therefor in such memorandum of understanding. (c) An arbitration award made pursuant to this section shall be final and binding upon the parties and may be enforced by a court pursuant to Title 9 (commencing with Section 1280) of Part 3 of the Code of Civil Procedure. (d) The board shall submit a list of names of arbitrators to employers and employee organizations upon their mutual request. Nothing in this subdivision shall preclude the parties from mutually agreeing to some other means of selecting an arbitrator. The board shall also, if mutually requested to do so, designate an arbitrator to hear and decide the rights dispute. (Added by Stats. 1978, Ch. 744.)
  33. 3590.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 9. Impasse Procedure [3590 - 3594] ( Article 9 added by Stats. 1978, Ch. 744. )

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    If there is an impasse in negotiations, an employer or the exclusive representative may ask the board to appoint a mediator, and the board must appoint one within five working days if it finds an impasse exists.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 9. Impasse Procedure [3590 - 3594] ( Article 9 added by Stats. 1978, Ch. 744. ) ## 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 scope of representation and may request the board to appoint a mediator for the purpose of assisting them in reconciling their differences and resolving the controversy on terms which are mutually acceptable. If the board determines that an impasse exists, it shall, in no event later than five working days after the receipt of a request, appoint a mediator in accordance with such rules as it shall prescribe. The mediator shall meet forthwith with the parties or their representatives, either jointly or separately, and shall take such other steps as he may deem appropriate in order to persuade the parties to resolve their differences and effect a mutually acceptable memorandum of understanding. The services of the mediator, including any per diem fees, and actual and necessary travel and subsistence expenses, shall be provided by the board without cost to the parties. Nothing in this section shall be construed to prevent the parties from mutually agreeing upon their own mediation procedure and in the event of such agreement, the board shall not appoint its own mediator, unless failure to do so would be inconsistent with the policies of this chapter. If the parties agree upon their own mediation procedure, the cost of the services of any appointed mediator, unless appointed by the board, including any per diem fees, and actual and necessary travel and subsistence expenses, shall be borne equally by the parties. (Added by Stats. 1978, Ch. 744.)
  34. 3591.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 9. Impasse Procedure [3590 - 3594] ( Article 9 added by Stats. 1978, Ch. 744. )

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    If a mediator cannot settle the dispute within 15 days and says factfinding is appropriate, either party may request factfinding, then each party must pick a panel member within 5 days and the board must appoint the chairman within 5 days after that.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 9. Impasse Procedure [3590 - 3594] ( Article 9 added by Stats. 1978, Ch. 744. ) ## 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 appropriate to the resolution of the impasse, either party may, by written notification to the other, request that their differences be submitted to a factfinding panel. Within five days after receipt of the written request, each party shall select a person to serve as its member of the factfinding panel. The board shall, within five days after such selection, select a chairman of the factfinding panel. The chairman designated by the board shall not, without the consent of both parties, be the same person who served as mediator pursuant to Section 3590. (Added by Stats. 1978, Ch. 744.)
  35. 3592.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 9. Impasse Procedure [3590 - 3594] ( Article 9 added by Stats. 1978, Ch. 744. )

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    The panel must meet with the parties within 10 days after appointment, may investigate and issue subpoenas, and certain university bodies must provide requested records unless they are confidential by statute.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 9. Impasse Procedure [3590 - 3594] ( Article 9 added by Stats. 1978, Ch. 744. ) ## 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 make additional inquiries and investigations, hold hearings, and take other steps that it may deem appropriate. For the purpose of the hearings, investigations, and inquiries, the panel may issue subpoenas requiring the attendance and testimony of witnesses and the production of evidence. The Regents of the University of California, the Board of Directors of the college named in Section 92200 of the Education Code, and the Trustees of the California State University shall furnish the panel, upon its request, with all records, papers, and information in their possession relating to any matter under investigation by or in issue before the panel, except for those records, books, and information that are confidential by statute. (Amended by Stats. 2022, Ch. 478, Sec. 54. (AB 1936) Effective January 1, 2023.)
  36. 3593.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 9. Impasse Procedure [3590 - 3594] ( Article 9 added by Stats. 1978, Ch. 744. )

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    This section sets an impasse procedure: if a dispute is not settled in time, the panel must issue findings and settlement recommendations, keep them private initially, and then publicize them under specified timing rules.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 9. Impasse Procedure [3590 - 3594] ( Article 9 added by Stats. 1978, Ch. 744. ) ## 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 shall make findings of fact and recommend terms of settlement, which recommendations shall be advisory only. Any findings of fact and recommended terms of settlement shall be submitted in writing to the parties privately before they are made public. The panel, subject to the rules and regulations of the board, may make those findings and recommendations public 10 days thereafter. During this 10-day period, the parties are prohibited from making the panel’s findings and recommendations public. (b) The costs for the services of the panel chairperson, including per diem fees, if any, and actual and necessary travel and subsistence expenses, shall be borne by the board. Any other mutually incurred costs shall be borne equally by the employer and the exclusive representative. Each party shall bear the costs it incurs for the panel member it selects. (c) (1) This subdivision applies only to disputes relating to the faculty and librarians of the University of California and the college named in Section 92200 of the Education Code. For the purposes of this subdivision, “faculty” means teachers employed to teach courses and authorize the granting of credit for the successful completion of courses, and excludes employees whose employment is contingent on their status as students. (2) Irrespective of whether the panel makes its findings and recommendations public pursuant to subdivision (a), the Regents of the University of California and the Board of Directors of the college named in Section 92200 of the Education Code, as appropriate, shall make the findings and recommendations of the panel public after the 10-day period prescribed by subdivision (a) has ended. These findings and recommendations shall be posted in a prominent public place, and copies of the findings and recommendations shall be made available to any person attending the next regularly scheduled public meeting of the regents or the directors, as appropriate. The publicly distributed agenda of the next regularly scheduled meeting of the Regents of the University of California or the Board of Directors of the college named in Section 92200 of the Education Code, as appropriate, shall reference the availability of these findings and recommendations. (3) It is the intent of the Legislature that the Regents of the University of California or the Board of Directors of the college named in Section 92200 of the Education Code, as appropriate, shall act upon the findings and recommendations of the panel at an open and public meeting within 90 days of their submission to the parties by the panel. (Amended by Stats. 2022, Ch. 478, Sec. 55. (AB 1936) Effective January 1, 2023.)
  37. 3594.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 9. Impasse Procedure [3590 - 3594] ( Article 9 added by Stats. 1978, Ch. 744. )

    Verify source ↗

    A mediator appointed under Section 3590 may continue mediation efforts, if the parties agree, using the findings of fact and recommended settlement terms made under Section 3594.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 9. Impasse Procedure [3590 - 3594] ( Article 9 added by Stats. 1978, Ch. 744. ) ## 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 mediation efforts on the basis of the findings of fact and recommended terms of settlement made pursuant to Section 3594. (Added by Stats. 1978, Ch. 744.)
  38. 3595.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 10. Public Notice [3595- 3595.] ( Article 10 added by Stats. 1978, Ch. 744. )

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    This section requires certain labor-relations proposals and related voting results to be made public, and it limits when meeting and conferring may begin.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 10. Public Notice [3595- 3595.] ( Article 10 added by Stats. 1978, Ch. 744. ) ## 3595. (a) All initial proposals of exclusive representatives and of higher education employers, which relate to matters within the scope of representation, shall be presented at a public meeting of the higher education employer and thereafter shall be public records. (b) Meeting and conferring shall not commence on an initial proposal until a reasonable time has elapsed after the submission of the proposal to enable the public to become informed and the public has the opportunity to express itself regarding the proposal at a meeting of the higher education employer. (c) After the public has had the opportunity to express itself, the higher education employer shall, at a meeting which is open to the public, adopt a proposal, including any changes to its initial proposal which the higher education employer deems appropriate based on the public’s comments. (d) New subjects of meeting and conferring arising after the presentation of initial proposals shall be made public within 24 hours. If a vote is taken on such subject by the higher education employer, the vote thereon by each member voting shall also be made public within 24 hours. (e) The board may adopt regulations for the purpose of implementing this section, which are consistent with the intent of the section; namely that the public be informed of the issues that are being met and conferred upon and have full opportunity to express their views on the issues to the higher education employer, and to know of the positions of the higher education employer. (Added by Stats. 1978, Ch. 744.)
  39. 3596.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 11. Miscellaneous [3596 - 3599] ( Article 11 added by Stats. 1978, Ch. 744. )

    Verify source ↗

    Proceedings covered by this section are exempt from specified open-meeting provisions and Education Code section 92030, unless the parties agree otherwise.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 11. Miscellaneous [3596 - 3599] ( Article 11 added by Stats. 1978, Ch. 744. ) ## 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 Division 3 of Title 2, and Section 92030 of the Education Code, unless the parties mutually agree otherwise: (a) Any meeting and conferring discussion between a higher education employer and a recognized or certified employee organization. (b) Any meeting of a mediator with either party or both parties to the meeting and conferring process. (c) Any hearing, meeting, or investigation conducted by a factfinder or arbitrator. (d) Any executive session of the higher education employer or between the higher education employer and its designated representatives for the purpose of discussing its position respecting meeting and conferring or regarding any matter within the scope of representation or instructing its designated representatives. (Added by Stats. 1978, Ch. 744.)
  40. 3597.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 11. Miscellaneous [3596 - 3599] ( Article 11 added by Stats. 1978, Ch. 744. )

    Verify source ↗

    A student representative has several participation and access rights in higher education meet-and-confer sessions, but must keep confidentiality rules.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 11. Miscellaneous [3596 - 3599] ( Article 11 added by Stats. 1978, Ch. 744. ) ## 3597. (a) Subject to provisions of subdivision (d), in all meeting and conferring between higher education employers and employee organizations representing student service or academic personnel, a student representative shall have the right to be notified in writing by the employer and the employee organizations of the issues under discussion. A student representative shall have the right to be present and comment at reasonable times during meeting and conferring between the employer and such employee organizations. (b) The student representative shall be provided access to all documents exchanged between the parties pertaining to the meeting and conferring and shall have the right to have an aide present during all meetings; in the case of mediation of impasses, the student representative shall have an opportunity at reasonable times to comment to the mediator on impasse issues; and shall be free from coercion or reprisals in the exercise of his or her rights as set forth in this section. (c) The student representative shall respect and maintain the rules governing confidentiality as they pertain to all parties involved in the meeting and conferring. Violations of this provision shall result in the termination of student involvement for the remainder of such meeting and conferring, and such other remedy, if any, deemed appropriate by the board. (d) For purposes of this section, a student representative shall be designated by the official student body association, if any, of the higher education employer, or segment thereof, engaged in meeting and conferring. If no student body association exists, the students may elect and designate a representative for the purposes of this section. (Added by Stats. 1978, Ch. 744.)
  41. 3598.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 11. Miscellaneous [3596 - 3599] ( Article 11 added by Stats. 1978, Ch. 744. )

    Verify source ↗

    A memorandum of understanding must not conflict with federal or state laws or regulations that prohibit employment discrimination.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 11. Miscellaneous [3596 - 3599] ( Article 11 added by Stats. 1978, Ch. 744. ) ## 3598. No memorandum of understanding shall contravene any federal or state law, including rules and regulations promulgated pursuant to such laws, prohibiting discrimination in employment. (Added by Stats. 1978, Ch. 744.)
  42. 3599.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 11. Miscellaneous [3596 - 3599] ( Article 11 added by Stats. 1978, Ch. 744. )

    Verify source ↗

    If part of this chapter is held invalid, the rest still remains in effect.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 11. Miscellaneous [3596 - 3599] ( Article 11 added by Stats. 1978, Ch. 744. ) ## 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 the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. (Added by Stats. 1978, Ch. 744.)
  43. 3599.50.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. Legislature Employer-Employee Relations [3599.50 - 3599.84] ( Chapter 12.5 added by Stats. 2023, Ch. 313, Sec. 1. )

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    This section names the chapter the Legislature Employer-Employee Relations Act and says it may be cited by that name.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. Legislature Employer-Employee Relations [3599.50 - 3599.84] ( Chapter 12.5 added by Stats. 2023, Ch. 313, Sec. 1. ) ## 3599.50. This chapter shall be known, and may be cited, as the Legislature Employer-Employee Relations Act. (Added by Stats. 2023, Ch. 313, Sec. 1. (AB 1) Effective January 1, 2024. Operative July 1, 2026, pursuant to Sec. 3599.84.)
  44. 3599.51.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. Legislature Employer-Employee Relations [3599.50 - 3599.84] ( Chapter 12.5 added by Stats. 2023, Ch. 313, Sec. 1. )

    Verify source ↗

    This section states the chapter’s purpose: to improve communication, resolve workplace disputes, recognize employees’ choice of organization and representation, and support peaceful employer-employee relations.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. Legislature Employer-Employee Relations [3599.50 - 3599.84] ( Chapter 12.5 added by Stats. 2023, Ch. 313, Sec. 1. ) ## 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 reasonable method of resolving disputes regarding wages, hours, and other terms and conditions of employment between the employer and public employee organizations. It is also the purpose of this chapter to promote the improvement of personnel management and employer-employee relations within the employer by providing a uniform basis for recognizing the right of its employees to join organizations of their own choosing and be represented by those organizations in their employment relations with their employer. It is further the purpose of this chapter, in order to foster peaceful employer-employee relations, to allow the employees to select one employee organization as the exclusive representative of the employees in an appropriate unit and to permit the exclusive representative to receive financial support from those employees who receive the benefits of this representation. (Added by Stats. 2023, Ch. 313, Sec. 1. (AB 1) Effective January 1, 2024. Operative July 1, 2026, pursuant to Sec. 3599.84.)
  45. 3599.52.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. Legislature Employer-Employee Relations [3599.50 - 3599.84] ( Chapter 12.5 added by Stats. 2023, Ch. 313, Sec. 1. )

    Verify source ↗

    This section defines key terms for Legislature employer-employee relations and limits the Board from interfering with the Legislature’s core lawmaking and operational functions.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. Legislature Employer-Employee Relations [3599.50 - 3599.84] ( Chapter 12.5 added by Stats. 2023, Ch. 313, Sec. 1. ) ## 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 apply, as appropriate, to this chapter, except as otherwise provided in this chapter. Notwithstanding this chapter or any other law, the board shall not intrude upon or interfere with the Legislature’s core function of efficient and effective lawmaking or the essential operation of the Legislature. (b) (1) “Employee” means any employee respectively of either house of the Legislature, except all of the following: (A) Members of the Legislature. (B) Appointed officers of the Legislature, such as the Secretary of the Senate and the Chief Clerk of the Assembly. (C) Department or office leaders, such as chiefs-of-staff, staff directors, and chief consultants. “Department or office leader” means any supervisory employee having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibility to direct them, or effectively to recommend this action, if, in connection with the foregoing, the exercise of any authority is not of a merely routine or clerical nature, but requires the use of independent judgment. (D) Confidential employees. “Confidential employee” means any employee who is required to develop or present management positions with respect to employer-employee relations or whose duties normally require access to confidential information contributing significantly to the development of management positions. (E) Excluded employees. (2) Notwithstanding any other provision of this chapter, the employer shall have the sole and exclusive authority to designate employees as department or office leaders, confidential employees, or excluded employees, as specified in subparagraphs (C) to (E), inclusive, of paragraph (1), except that department or office leaders, confidential employees, and excluded employees shall not, collectively, exceed one-third of the total employee positions authorized by the employer. (c) “Employee organization” means any organization that includes employees and that has as one of its primary purposes representing these employees in their relations with the employer. (d) “Employer” means the Assembly Committee on Rules or the Senate Committee on Rules. For the purposes of bargaining or meeting and conferring in good faith, “employer” means the Assembly Committee on Rules or the Senate Committee on Rules, or their designated representatives, acting with the authorization of their respective houses. (e) “Maintenance of membership” means that all employees who voluntarily are, or who voluntarily become, members of a recognized employee organization shall remain members of that employee organization in good standing for a period as agreed to by the parties pursuant to a memorandum of understanding, commencing with the effective date of the memorandum of understanding. A maintenance of membership provision does not apply to any employee who within 30 days prior to the expiration of the memorandum of understanding withdraws from the employee organization by sending a signed withdrawal letter to the employee organization and a copy to the Controller’s office. (f) “Mediation” means effort by an impartial third party to assist in reconciling a dispute regarding wages, hours, and other terms and conditions of employment between representatives of the employer and the recognized employee organization or recognized employee organizations through interpretation, suggestion, and advice. (g) “Recognized employee organization” means an employee organization that has been recognized by the employer as the exclusive representative of the employees in an appropriate unit. (Added by Stats. 2023, Ch. 313, Sec. 1. (AB 1) Effective January 1, 2024. Operative July 1, 2026, pursuant to Sec. 3599.84.)
  46. 3599.54.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. Legislature Employer-Employee Relations [3599.50 - 3599.84] ( Chapter 12.5 added by Stats. 2023, Ch. 313, Sec. 1. )

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    A person may not willfully resist, prevent, impede, or interfere with the board or its agents when they are performing duties under this chapter.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. Legislature Employer-Employee Relations [3599.50 - 3599.84] ( Chapter 12.5 added by Stats. 2023, Ch. 313, Sec. 1. ) ## 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 this chapter, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine of not more than one thousand dollars ($1,000). (Added by Stats. 2023, Ch. 313, Sec. 1. (AB 1) Effective January 1, 2024. Operative July 1, 2026, pursuant to Sec. 3599.84.)
  47. 3599.55.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. Legislature Employer-Employee Relations [3599.50 - 3599.84] ( Chapter 12.5 added by Stats. 2023, Ch. 313, Sec. 1. )

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    The board controls unfair practice complaints, and employees, employee organizations, or employers may file them.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. Legislature Employer-Employee Relations [3599.50 - 3599.84] ( Chapter 12.5 added by Stats. 2023, Ch. 313, Sec. 1. ) ## 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 chapter, is a matter within the exclusive jurisdiction of the board, except that, in an action to recover damages due to an unlawful strike, the board shall not award strike-preparation expenses as damages, and shall not award damages for costs, expenses, or revenue losses incurred during, or as a consequence of, an unlawful strike. Procedures for investigating, hearing, and deciding these cases shall be devised and promulgated by the board and shall include all of the following: (a) Any employee or employee organization, or the employer, has the right to file an unfair practice charge, except that the board shall not do either of the following: (1) Issue a complaint respecting a charge based upon an alleged unfair practice that occurred more than six months prior to the filing of the charge. (2) Issue a complaint respecting conduct also prohibited by the provisions of the agreement between the parties until the grievance machinery of the agreement, if it exists and covers the matter at issue, has been exhausted, either by settlement or binding arbitration. However, when the charging party demonstrates that resort to contract grievance procedures would be futile, their exhaustion is not necessary. The board has discretionary jurisdiction to review a settlement or arbitration award reached pursuant to the grievance machinery solely for the purpose of determining whether it is repugnant to the purposes of this chapter. If the board finds that the settlement or arbitration award is repugnant to the purposes of this chapter, it shall issue a complaint on the basis of a timely filed charge, and hear and decide the case on the merits; otherwise, it shall dismiss the charge. The board shall, in determining whether the charge was timely filed, consider the six-month limitation set forth in paragraph (1) to have been tolled during the time it took the charging party to exhaust the grievance machinery. (b) The board shall not enforce agreements between the parties or issue a complaint on any charge based on an alleged violation of an agreement that would not also constitute an unfair practice under this chapter. (c) The board may issue a decision and order directing an offending party to cease and desist from the unfair practice and to take such affirmative action, including, but not limited to, the reinstatement of employees with or without backpay, as will effectuate the policies of this chapter, except that the board shall not issue any decision or order that intrudes upon or interferes with the Legislature’s core function of efficient and effective lawmaking or the essential operation of the Legislature. (Added by Stats. 2023, Ch. 313, Sec. 1. (AB 1) Effective January 1, 2024. Operative July 1, 2026, pursuant to Sec. 3599.84.)
  48. 3599.56.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. Legislature Employer-Employee Relations [3599.50 - 3599.84] ( Chapter 12.5 added by Stats. 2023, Ch. 313, Sec. 1. )

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    Employees have the right to form, join, and participate in employee organizations, refuse to join or participate, and represent themselves individually.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. Legislature Employer-Employee Relations [3599.50 - 3599.84] ( Chapter 12.5 added by Stats. 2023, Ch. 313, Sec. 1. ) ## 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 all matters of employer-employee relations. Employees also have the right to refuse to join or participate in the activities of employee organizations, except that the parties are not precluded from agreeing to a maintenance of membership provision pursuant to a memorandum of understanding. In any event, employees have the right to represent themselves individually in their employment relations with the employer. (Added by Stats. 2023, Ch. 313, Sec. 1. (AB 1) Effective January 1, 2024. Operative July 1, 2026, pursuant to Sec. 3599.84.)
  49. 3599.57.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. Legislature Employer-Employee Relations [3599.50 - 3599.84] ( Chapter 12.5 added by Stats. 2023, Ch. 313, Sec. 1. )

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    Employee organizations have a right to represent their members in employment relations, but an exclusive representative is the only organization that may represent the unit. Organizations may also set reasonable membership and dismissal rules, and employees may represent themselves.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. Legislature Employer-Employee Relations [3599.50 - 3599.84] ( Chapter 12.5 added by Stats. 2023, Ch. 313, Sec. 1. ) ## 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 recognized as the exclusive representative of an appropriate unit, the recognized employee organization is the only organization that may represent that unit in employment relations with the employer. Employee organizations may establish reasonable restrictions regarding who may join and may make reasonable provisions for the dismissal of individuals from membership. This section does not prohibit any employee from appearing on the employee’s own behalf in the employee’s employment relations with the employer. (Added by Stats. 2023, Ch. 313, Sec. 1. (AB 1) Effective January 1, 2024. Operative July 1, 2026, pursuant to Sec. 3599.84.)
  50. 3599.58.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. Legislature Employer-Employee Relations [3599.50 - 3599.84] ( Chapter 12.5 added by Stats. 2023, Ch. 313, Sec. 1. )

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    Employee organizations have a right to have certain dues and fees deducted until they are recognized as the exclusive representative; after that, deductions for employees in the negotiating unit are not allowed except to the exclusive representative.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. Legislature Employer-Employee Relations [3599.50 - 3599.84] ( Chapter 12.5 added by Stats. 2023, Ch. 313, Sec. 1. ) ## 3599.58. All employee organizations have the right to have membership dues, initiation fees, membership benefit programs, and general assessments deducted pursuant to subdivision (a) of Section 1152 and Section 1153 until an employee organization is recognized as the exclusive representative for employees in an appropriate unit, and then any deductions as to any employee in the negotiating unit are not permissible except to the exclusive representative. (Added by Stats. 2023, Ch. 313, Sec. 1. (AB 1) Effective January 1, 2024. Operative July 1, 2026, pursuant to Sec. 3599.84.)
  51. 3599.59.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. Legislature Employer-Employee Relations [3599.50 - 3599.84] ( Chapter 12.5 added by Stats. 2023, Ch. 313, Sec. 1. )

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    If a recognized employee organization represents an appropriate unit, it may agree with the employer on membership deductions, and the employer must provide data, make the deductions, and remit the fees monthly.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. Legislature Employer-Employee Relations [3599.50 - 3599.84] ( Chapter 12.5 added by Stats. 2023, Ch. 313, Sec. 1. ) ## 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 providing for organizational security in the form of a maintenance of membership deduction. (b) The employer shall furnish the recognized employee organization with sufficient employment data to allow the organization to calculate membership fees, and shall deduct the amount specified by the recognized employee organization from the salary or wages of every employee for the membership fee. These fees shall be remitted monthly to the recognized employee organization along with an adequate itemized record of the deductions, including, if required by the recognized employee organization, machine readable data. (Added by Stats. 2023, Ch. 313, Sec. 1. (AB 1) Effective January 1, 2024. Operative July 1, 2026, pursuant to Sec. 3599.84.)
  52. 3599.60.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. Legislature Employer-Employee Relations [3599.50 - 3599.84] ( Chapter 12.5 added by Stats. 2023, Ch. 313, Sec. 1. )

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    This section limits the scope of representation to wages, hours, and other terms and conditions of employment, and excludes several legislative matters from that scope.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. Legislature Employer-Employee Relations [3599.50 - 3599.84] ( Chapter 12.5 added by Stats. 2023, Ch. 313, Sec. 1. ) ## 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 include consideration of the merits, necessity, or organization of any service or activity provided by law. (b) In view of the powers and responsibilities vested in the Legislature pursuant to the California Constitution, decisions regarding the following matters shall not be included within the scope of representation: (1) Any matter relating to the qualifications and elections of Members of the Legislature, or the holding of office of Members of the Legislature. (2) Any matter relating to the Legislature or each house thereof choosing its officers, adopting rules for its proceedings, selecting committees necessary for the conduct of its business, considering and enacting legislation, or otherwise exercising the legislative power of this state. (3) Any matter relating to legislative calendars, schedules, and deadlines of the Legislature. (4) Laws, rules, policies, or procedures regarding ethics or conflicts of interest. (Added by Stats. 2023, Ch. 313, Sec. 1. (AB 1) Effective January 1, 2024. Operative July 1, 2026, pursuant to Sec. 3599.84.)
  53. 3599.61.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. Legislature Employer-Employee Relations [3599.50 - 3599.84] ( Chapter 12.5 added by Stats. 2023, Ch. 313, Sec. 1. )

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    The employer must give written notice to affected recognized employee organizations and let them meet and confer before adopting covered policies, unless there is an emergency.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. Legislature Employer-Employee Relations [3599.50 - 3599.84] ( Chapter 12.5 added by Stats. 2023, Ch. 313, Sec. 1. ) ## 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 affected by any policy or procedure directly relating to matters within the scope of representation proposed to be adopted by the employer, and shall give such recognized employee organizations the opportunity to meet and confer with the employer. (b) In cases of emergency when the employer determines that a policy or procedure must be adopted immediately without prior notice or meeting with a recognized employee organization, the employer shall provide notice and opportunity to meet and confer in good faith at the earliest practical time following the adoption of the policy or procedure. (Added by Stats. 2023, Ch. 313, Sec. 1. (AB 1) Effective January 1, 2024. Operative July 1, 2026, pursuant to Sec. 3599.84.)
  54. 3599.62.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. Legislature Employer-Employee Relations [3599.50 - 3599.84] ( Chapter 12.5 added by Stats. 2023, Ch. 313, Sec. 1. )

    Verify source ↗

    The employer must meet and confer in good faith with recognized employee organizations and must provide them nonconfidential information that is necessary and relevant to their representation scope.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. Legislature Employer-Employee Relations [3599.50 - 3599.84] ( Chapter 12.5 added by Stats. 2023, Ch. 313, Sec. 1. ) ## 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 employee organizations, and shall consider fully such presentations as are made by the employee organization on behalf of its members prior to arriving at a determination of policy or course of action. For purposes of this section, the term “meet and confer in good faith” means that the employer and representatives of recognized employee organizations have the mutual obligation to personally meet and confer promptly upon request by either party and continue to meet and confer for a reasonable period of time in order to exchange freely information, opinions, and proposals, and to endeavor to reach agreement on matters within the scope of representation prior to the adoption by the state of its final budget for the ensuing year. The process should include adequate time for the resolution of impasses. (b) The employer shall freely provide to representatives of recognized employee organizations nonconfidential information that is necessary and relevant to their scope of representation. However, this chapter does not require the employer to provide confidential information to representatives of recognized employee organizations. For purposes of this subdivision, “confidential information” means any information contained in records that are exempt from public disclosure under federal or state law. “Confidential information” does not include the name, job title, office, workplace location, work telephone number and email address, and home or personal telephone number and email address, if on file with the employer, for employees in the bargaining unit of the recognized employee organization. (Added by Stats. 2023, Ch. 313, Sec. 1. (AB 1) Effective January 1, 2024. Operative July 1, 2026, pursuant to Sec. 3599.84.)
  55. 3599.63.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. Legislature Employer-Employee Relations [3599.50 - 3599.84] ( Chapter 12.5 added by Stats. 2023, Ch. 313, Sec. 1. )

    Verify source ↗

    If the employer and the recognized employee organization reach an agreement, the parties must jointly prepare a written memorandum of understanding.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. Legislature Employer-Employee Relations [3599.50 - 3599.84] ( Chapter 12.5 added by Stats. 2023, Ch. 313, Sec. 1. ) ## 3599.63. If an agreement is reached between the employer and the recognized employee organization, the parties shall jointly prepare a written memorandum of understanding reflecting the terms of the agreement, which shall be presented, when appropriate, to the employer for adoption as a resolution. (Added by Stats. 2023, Ch. 313, Sec. 1. (AB 1) Effective January 1, 2024. Operative July 1, 2026, pursuant to Sec. 3599.84.)
  56. 3599.64.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. Legislature Employer-Employee Relations [3599.50 - 3599.84] ( Chapter 12.5 added by Stats. 2023, Ch. 313, Sec. 1. )

    Verify source ↗

    If the parties want a side letter, appendix, or other addendum to be included in a later memorandum of understanding, they must expressly identify it.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. Legislature Employer-Employee Relations [3599.50 - 3599.84] ( Chapter 12.5 added by Stats. 2023, Ch. 313, Sec. 1. ) ## 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, appendix, or other addendum is to be incorporated in a subsequent memorandum of understanding submitted to the employer for adoption as a resolution. (Added by Stats. 2023, Ch. 313, Sec. 1. (AB 1) Effective January 1, 2024. Operative July 1, 2026, pursuant to Sec. 3599.84.)
  57. 3599.65.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. Legislature Employer-Employee Relations [3599.50 - 3599.84] ( Chapter 12.5 added by Stats. 2023, Ch. 313, Sec. 1. )

    Verify source ↗

    If an employer does not fully fund a memorandum of understanding provision that requires spending, either side may reopen negotiations. The parties may also agree to and carry out provisions that do not need legislative adoption of a resolution.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. Legislature Employer-Employee Relations [3599.50 - 3599.84] ( Chapter 12.5 added by Stats. 2023, Ch. 313, Sec. 1. ) ## 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 negotiations on all or part of the memorandum of understanding. The parties are not precluded from agreeing to and effecting those provisions of the memorandum of understanding that do not require legislative adoption of a resolution. (Added by Stats. 2023, Ch. 313, Sec. 1. (AB 1) Effective January 1, 2024. Operative July 1, 2026, pursuant to Sec. 3599.84.)
  58. 3599.66.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. Legislature Employer-Employee Relations [3599.50 - 3599.84] ( Chapter 12.5 added by Stats. 2023, Ch. 313, Sec. 1. )

    Verify source ↗

    If a memorandum of understanding has expired and there is no new agreement or impasse, the parties must keep following the expired agreement’s terms. If there is an impasse, the employer may implement its last, best, and final offer by resolution.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. Legislature Employer-Employee Relations [3599.50 - 3599.84] ( Chapter 12.5 added by Stats. 2023, Ch. 313, Sec. 1. ) ## 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 understanding and have not reached an impasse in negotiations, subject to subdivision (b), the parties to the agreement shall continue to give effect to the provisions of the expired memorandum of understanding, including provisions that supersede existing law, arbitration provisions, no-strike provisions, and agreements regarding matters covered in the federal Fair Labor Standards Act of 1938 (29 U.S.C. Sec. 201 et seq.). (b) If the employer and the recognized employee organization reach an impasse in negotiations for a new memorandum of understanding, the employer may implement any or all of its last, best, and final offer through adoption of a resolution. Implementation of the last, best, and final offer does not relieve the parties of the obligation to bargain in good faith and reach an agreement on a memorandum of understanding if circumstances change, and does not result in a waiver of rights that the recognized employee organization has under this chapter. (Added by Stats. 2023, Ch. 313, Sec. 1. (AB 1) Effective January 1, 2024. Operative July 1, 2026, pursuant to Sec. 3599.84.)
  59. 3599.67.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. Legislature Employer-Employee Relations [3599.50 - 3599.84] ( Chapter 12.5 added by Stats. 2023, Ch. 313, Sec. 1. )

    Verify source ↗

    If the employer and the recognized employee organization cannot reach agreement after a reasonable time, they may jointly choose a mediator or either party may ask the board to appoint one.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. Legislature Employer-Employee Relations [3599.50 - 3599.84] ( Chapter 12.5 added by Stats. 2023, Ch. 313, Sec. 1. ) ## 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 employee organization may agree upon the appointment of a mediator mutually agreeable to the parties, or either party may request the board to appoint a mediator. When both parties mutually agree upon a mediator, the costs of mediation shall be divided one-half to the employer and one-half to the recognized employee organization. If the board appoints the mediator, the costs of mediation shall be paid by the board. (Added by Stats. 2023, Ch. 313, Sec. 1. (AB 1) Effective January 1, 2024. Operative July 1, 2026, pursuant to Sec. 3599.84.)
  60. 3599.68.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. Legislature Employer-Employee Relations [3599.50 - 3599.84] ( Chapter 12.5 added by Stats. 2023, Ch. 313, Sec. 1. )

    Verify source ↗

    Employee representatives of recognized employee organizations must be given reasonable time off, without losing pay or other benefits, when they formally meet and confer with the employer on representation matters.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. Legislature Employer-Employee Relations [3599.50 - 3599.84] ( Chapter 12.5 added by Stats. 2023, Ch. 313, Sec. 1. ) ## 3599.68. A reasonable number of employee representatives of recognized employee organizations shall be granted reasonable time off without loss of compensation or other benefits when formally meeting and conferring with the employer on matters within the scope of representation. This section applies only to employees, as defined by Section 3599.52, and only for periods when a memorandum of understanding is not in effect. (Added by Stats. 2023, Ch. 313, Sec. 1. (AB 1) Effective January 1, 2024. Operative July 1, 2026, pursuant to Sec. 3599.84.)
  61. 3599.69.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. Legislature Employer-Employee Relations [3599.50 - 3599.84] ( Chapter 12.5 added by Stats. 2023, Ch. 313, Sec. 1. )

    Verify source ↗

    An employer must not retaliate against or interfere with employees, deny rights to employee organizations, refuse good-faith bargaining, control employee organizations, or refuse good-faith mediation.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. Legislature Employer-Employee Relations [3599.50 - 3599.84] ( Chapter 12.5 added by Stats. 2023, Ch. 313, Sec. 1. ) ## 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 against employees, or otherwise interfere with, restrain, or coerce employees because of their exercise of rights guaranteed by this chapter. For purposes of this subdivision, “employee” includes an applicant for employment or reemployment. (b) Deny to employee organizations rights guaranteed to them by this chapter. (c) Refuse or fail to meet and confer in good faith with a recognized employee organization. (d) Dominate or interfere with the formation or administration of any employee organization, or contribute financial or other support to it, or in any way encourage employees to join any organization in preference to another. (e) Refuse to participate in good faith in the mediation procedure set forth in Section 3599.67. (Added by Stats. 2023, Ch. 313, Sec. 1. (AB 1) Effective January 1, 2024. Operative July 1, 2026, pursuant to Sec. 3599.84.)
  62. 3599.70.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. Legislature Employer-Employee Relations [3599.50 - 3599.84] ( Chapter 12.5 added by Stats. 2023, Ch. 313, Sec. 1. )

    Verify source ↗

    An employee organization must not make the employer break Section 3599.69, retaliate against or coerce employees, refuse to meet and confer in good faith with the Legislature, or refuse to participate in the Section 3599.67 mediation process.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. Legislature Employer-Employee Relations [3599.50 - 3599.84] ( Chapter 12.5 added by Stats. 2023, Ch. 313, Sec. 1. ) ## 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 threaten to impose reprisals on employees, discriminate or threaten to discriminate against employees, or otherwise interfere with, restrain, or coerce employees because of their exercise of rights guaranteed by this chapter. (c) Refuse or fail to meet and confer in good faith with the Legislature in relation to the employees for whom it is the recognized employee organization. (d) Refuse to participate in good faith in the mediation procedure set forth in Section 3599.67. (Added by Stats. 2023, Ch. 313, Sec. 1. (AB 1) Effective January 1, 2024. Operative July 1, 2026, pursuant to Sec. 3599.84.)
  63. 3599.71.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. Legislature Employer-Employee Relations [3599.50 - 3599.84] ( Chapter 12.5 added by Stats. 2023, Ch. 313, Sec. 1. )

    Verify source ↗

    This section limits when judicial review is available for certain board decisions and sets filing and enforcement procedures.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. Legislature Employer-Employee Relations [3599.50 - 3599.84] ( Chapter 12.5 added by Stats. 2023, Ch. 313, Sec. 1. ) ## 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 employer or an employee organization, agrees that the case is one of special importance and joins in the request for review. (2) When the issue is raised as a defense to an unfair practice complaint. A board order directing an election shall not be stayed pending judicial review. (b) Upon receipt of a board order joining in a request for judicial review, a party to the case may petition for a writ of extraordinary relief from the unit determination decision or order. (c) 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 board not to issue a complaint in such a case, may petition for a writ of extraordinary relief from the decision or order. (d) The petition shall be filed in the district court of appeal in the appellate district where the unit determination or unfair practice dispute occurred. The petition shall be filed within 30 days after issuance of the board’s final order, order denying reconsideration, or order joining in the request for judicial review, as applicable. Upon the filing of the petition, the court shall cause notice to be served upon the board and thereupon shall have jurisdiction of the proceeding. The board shall file in the court the record of the proceeding, certified by the board, within 10 days after the clerk’s notice unless the time is extended by the court for good cause shown. The court has jurisdiction to grant to the board any temporary relief or restraining order it deems just and proper and in like manner to make and enter a decree enforcing, modifying, or setting aside the order of the board. The findings of the board with respect to questions of fact, including ultimate facts, if supported by substantial evidence on the record considered as a whole, are conclusive. The provisions of Title 1 (commencing with Section 1067) of Part 3 of the Code of Civil Procedure relating to writs, except where specifically superseded herein, apply to proceedings pursuant to this section. (e) If the time to petition for extraordinary relief from a board decision has expired, the board may seek enforcement of any final decision or order in a district court of appeal or a superior court in the district where the unit determination or unfair practice case occurred. If, after a hearing, the court determines that the order was issued pursuant to procedures established by the board and that the person or entity refuses to comply with the order, the court shall enforce the order by writ of mandamus. The court shall not review the merits of the order. (Added by Stats. 2023, Ch. 313, Sec. 1. (AB 1) Effective January 1, 2024. Operative July 1, 2026, pursuant to Sec. 3599.84.)
  64. 3599.72.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. Legislature Employer-Employee Relations [3599.50 - 3599.84] ( Chapter 12.5 added by Stats. 2023, Ch. 313, Sec. 1. )

    Verify source ↗

    The employer must recognize employee organizations selected under board rules, and the board must set procedures for petitions, elections, bargaining units, and revocation timing.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. Legislature Employer-Employee Relations [3599.50 - 3599.84] ( Chapter 12.5 added by Stats. 2023, Ch. 313, Sec. 1. ) ## 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 an appropriate unit thereof, subject to the right of an employee to self-represent. (b) The board shall establish reasonable procedures for petitions and for holding elections and determining appropriate units pursuant to subdivision (a). (c) The board, as it determines appropriate bargaining units, shall not include employees in a bargaining unit that includes employees other than those of the employer. The board shall not include within a bargaining unit employees from both the Assembly and Senate. The board shall not separate employees into bargaining units solely based on political affiliation. (d) The board shall establish procedures whereby recognition of employee organizations formally recognized as exclusive representatives pursuant to a vote of the employees may be revoked by a majority vote of the employees only after a period of not less than 12 months following the date of such recognition. (Added by Stats. 2023, Ch. 313, Sec. 1. (AB 1) Effective January 1, 2024. Operative July 1, 2026, pursuant to Sec. 3599.84.)
  65. 3599.73.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. Legislature Employer-Employee Relations [3599.50 - 3599.84] ( Chapter 12.5 added by Stats. 2023, Ch. 313, Sec. 1. )

    Verify source ↗

    The employer must adopt reasonable rules for registering employee organizations, determining whether organizations are employee organizations, and identifying their official officers and representatives.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. Legislature Employer-Employee Relations [3599.50 - 3599.84] ( Chapter 12.5 added by Stats. 2023, Ch. 313, Sec. 1. ) ## 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. (b) Determining the status of organizations as employee organizations. (c) Identifying the officers and representatives who officially represent employee organizations. (Added by Stats. 2023, Ch. 313, Sec. 1. (AB 1) Effective January 1, 2024. Operative July 1, 2026, pursuant to Sec. 3599.84.)
  66. 3599.74.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. Legislature Employer-Employee Relations [3599.50 - 3599.84] ( Chapter 12.5 added by Stats. 2023, Ch. 313, Sec. 1. )

    Verify source ↗

    If an ALJ decision on recognizing or certifying an employee organization is appealed, it becomes the board’s final order unless the board issues a superseding ruling within 180 days after the appeal is filed.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. Legislature Employer-Employee Relations [3599.50 - 3599.84] ( Chapter 12.5 added by Stats. 2023, Ch. 313, Sec. 1. ) ## 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, the decision is the final order of the board if the board does not issue a ruling that supersedes the decision on or before 180 days after the appeal is filed. (Added by Stats. 2023, Ch. 313, Sec. 1. (AB 1) Effective January 1, 2024. Operative July 1, 2026, pursuant to Sec. 3599.84.)
  67. 3599.75.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. Legislature Employer-Employee Relations [3599.50 - 3599.84] ( Chapter 12.5 added by Stats. 2023, Ch. 313, Sec. 1. )

    Verify source ↗

    When deciding an appropriate unit, the board must use the listed criteria, and it may not direct an election unless at least one involved employee organization seeks or agrees to the election.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. Legislature Employer-Employee Relations [3599.50 - 3599.84] ( Chapter 12.5 added by Stats. 2023, Ch. 313, Sec. 1. ) ## 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 unless one or more of the employee organizations involved in the proceeding seeks or agrees to an election in the unit. (b) In determining an appropriate unit, the board shall take into consideration all of the following criteria: (1) The internal and occupational community of interest among the employees, including, but not limited to, all of the following: (A) The extent to which they perform functionally related services or work toward established common goals. (B) The history of employee representation in state government and in similar employment. (C) The extent to which the employees have common skills, working conditions, job duties, or similar educational or training requirements. (2) The effect that the projected unit will have on the meet and confer relationships, emphasizing the availability and authority of the employer’s representatives to deal effectively with employee organizations representing the unit, and taking into account such factors as work location, the numerical size of the unit, the relationship of the unit to organizational patterns of the employer, and the effect on the existing classification structure or existing classification schematic of dividing a single class or single classification schematic among two or more units. (3) The effect of the proposed unit on efficient operations of the employer and the compatibility of the unit with the responsibility of the employer and its employees to serve the public. (4) The number of employees and classifications in a proposed unit and its effect on the operations of the employer, on the objectives of providing the employees the right to effective representation, and on the meet and confer relationship. (5) The impact on the meet and confer relationship created by fragmentation of employees or any proliferation of units among employees. (c) Political affiliation shall not constitute a community of interest for purposes of determining an appropriate unit. (Added by Stats. 2023, Ch. 313, Sec. 1. (AB 1) Effective January 1, 2024. Operative July 1, 2026, pursuant to Sec. 3599.84.)
  68. 3599.76.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. Legislature Employer-Employee Relations [3599.50 - 3599.84] ( Chapter 12.5 added by Stats. 2023, Ch. 313, Sec. 1. )

    Verify source ↗

    The section requires certain meet-and-confer proposals to be presented publicly, adds waiting and public-comment requirements, and creates an emergency exception.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. Legislature Employer-Employee Relations [3599.50 - 3599.84] ( Chapter 12.5 added by Stats. 2023, Ch. 313, Sec. 1. ) ## 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 thereafter are a public record. (2) All initial meet and confer proposals or counterproposals of the employer shall be presented to the recognized employee organization at a public meeting, and those proposals or counterproposals thereafter are a public record. (b) Except in cases of emergency as provided in subdivision (d), meeting and conferring shall not take place on any proposal subject to subdivision (a) until not less than seven consecutive days have elapsed to enable the public to become informed, and to publicly express itself regarding the proposals, as well as regarding other possible subjects of meeting and conferring, and thereafter, the employer shall, in an open meeting, hear public comment on all matters related to the meet and confer proposals. (c) Forty-eight hours after any proposal that includes any substantive subject that has not first been presented in proposals for public reaction pursuant to this section is offered during any meeting and conferring session, the proposal and the position, if any, taken by the representatives of the employer are a public record. (d) Subdivision (b) does not apply when the employer determines that, due to an act of God, natural disaster, or other emergency or calamity affecting the state, and that is beyond the control of the employer or recognized employee organization, it must meet and confer and take action upon a proposal immediately and without sufficient time for the public to become informed and to publicly express itself. In those cases, the results of the meeting and conferring shall be made public as soon as reasonably possible. (e) This section does not affect the authority of each house of the Legislature and the committees thereof to hold closed meetings pursuant to paragraphs (3) and (4) of subdivision (c) of Section 7 of Article IV of the California Constitution and Article 2.2 (commencing with Section 9027) of Chapter 1.5 of Part 1 of Division 2 of Title 2. (Added by Stats. 2023, Ch. 313, Sec. 1. (AB 1) Effective January 1, 2024. Operative July 1, 2026, pursuant to Sec. 3599.84.)
  69. 3599.77.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. Legislature Employer-Employee Relations [3599.50 - 3599.84] ( Chapter 12.5 added by Stats. 2023, Ch. 313, Sec. 1. )

    Verify source ↗

    This chapter does not apply to employees for Labor Code section 923.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. Legislature Employer-Employee Relations [3599.50 - 3599.84] ( Chapter 12.5 added by Stats. 2023, Ch. 313, Sec. 1. ) ## 3599.77. This chapter does not apply Section 923 of the Labor Code to employees. (Added by Stats. 2023, Ch. 313, Sec. 1. (AB 1) Effective January 1, 2024. Operative July 1, 2026, pursuant to Sec. 3599.84.)
  70. 3599.78.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. Legislature Employer-Employee Relations [3599.50 - 3599.84] ( Chapter 12.5 added by Stats. 2023, Ch. 313, Sec. 1. )

    Verify source ↗

    This section says the chapter does not change existing employee wages, hours, or other terms and conditions of employment.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. Legislature Employer-Employee Relations [3599.50 - 3599.84] ( Chapter 12.5 added by Stats. 2023, Ch. 313, Sec. 1. ) ## 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 and conditions of employment for employees shall remain in effect unless and until changed in accordance with the employer’s procedures or pursuant to a memorandum of understanding or agreement between the employer and a recognized employee organization. (Added by Stats. 2023, Ch. 313, Sec. 1. (AB 1) Effective January 1, 2024. Operative July 1, 2026, pursuant to Sec. 3599.84.)
  71. 3599.79.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. Legislature Employer-Employee Relations [3599.50 - 3599.84] ( Chapter 12.5 added by Stats. 2023, Ch. 313, Sec. 1. )

    Verify source ↗

    If part of this chapter is held invalid, the rest of the chapter still applies if it can work without the invalid part.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. Legislature Employer-Employee Relations [3599.50 - 3599.84] ( Chapter 12.5 added by Stats. 2023, Ch. 313, Sec. 1. ) ## 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 provision or application of this chapter that can be given effect without the invalid provision or application and, to this end, the provisions of this chapter are severable. (Added by Stats. 2023, Ch. 313, Sec. 1. (AB 1) Effective January 1, 2024. Operative July 1, 2026, pursuant to Sec. 3599.84.)
  72. 3599.80.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. Legislature Employer-Employee Relations [3599.50 - 3599.84] ( Chapter 12.5 added by Stats. 2023, Ch. 313, Sec. 1. )

    Verify source ↗

    Employer expenses tied to a properly ratified memorandum of understanding under this chapter are subject to Section 7.5 of Article IV of the California Constitution.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. Legislature Employer-Employee Relations [3599.50 - 3599.84] ( Chapter 12.5 added by Stats. 2023, Ch. 313, Sec. 1. ) ## 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 IV of the California Constitution. (Added by Stats. 2023, Ch. 313, Sec. 1. (AB 1) Effective January 1, 2024. Operative July 1, 2026, pursuant to Sec. 3599.84.)
  73. 3599.81.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. Legislature Employer-Employee Relations [3599.50 - 3599.84] ( Chapter 12.5 added by Stats. 2023, Ch. 313, Sec. 1. )

    Verify source ↗

    Speech or opinions by specified Legislature members and employees about this chapter or representation matters are generally not unfair labor practices unless the employer authorized them to speak or represent the employer.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. Legislature Employer-Employee Relations [3599.50 - 3599.84] ( Chapter 12.5 added by Stats. 2023, Ch. 313, Sec. 1. ) ## 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 an employee, including any employee specified in subparagraphs (B) to (E), inclusive, of paragraph (1) of subdivision (b) of Section 3599.52, related to this chapter or to matters within the scope of representation, shall not constitute, or be evidence of, an unfair labor practice, unless the employer authorized the individual to express that view, argument, or opinion on behalf of, or authorized the individual to represent, the employer as an employer. (Added by Stats. 2023, Ch. 313, Sec. 1. (AB 1) Effective January 1, 2024. Operative July 1, 2026, pursuant to Sec. 3599.84.)
  74. 3599.82.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. Legislature Employer-Employee Relations [3599.50 - 3599.84] ( Chapter 12.5 added by Stats. 2023, Ch. 313, Sec. 1. )

    Verify source ↗

    An employer does not have to disclose certain legislative records covered by this chapter.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. Legislature Employer-Employee Relations [3599.50 - 3599.84] ( Chapter 12.5 added by Stats. 2023, Ch. 313, Sec. 1. ) ## 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 disclose legislative records related to activities governed by this chapter, that reveal the employer’s deliberative processes, impressions, evaluations, opinions, recommendations, meeting minutes, research, work product, theories, or strategy, or that provide instruction, advice, or training to employees who do not have full collective bargaining and representation rights under this chapter. (Added by Stats. 2023, Ch. 313, Sec. 1. (AB 1) Effective January 1, 2024. Operative July 1, 2026, pursuant to Sec. 3599.84.)
  75. 3599.83.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. Legislature Employer-Employee Relations [3599.50 - 3599.84] ( Chapter 12.5 added by Stats. 2023, Ch. 313, Sec. 1. )

    Verify source ↗

    Legislative employees are exempt from civil service, and employers must provide a transition period if the assigned legislator leaves office or departs.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. Legislature Employer-Employee Relations [3599.50 - 3599.84] ( Chapter 12.5 added by Stats. 2023, Ch. 313, Sec. 1. ) ## 3599.83. Employees of the Legislature are exempt from civil service under the California Constitution. A memorandum of understanding entered into between an employer and a recognized employee organization shall not prohibit the employer from separating an employee if the Member of the Legislature to whom the employee is assigned is not reelected, resigns, or otherwise departs from the employer. The employer shall provide a transition period for an employee if the Member of the Legislature to whom the employee is assigned is not reelected, resigns, or otherwise departs from the employer. The terms of the transition period, which may include, but are not limited to, length of time or opportunities to apply for vacancies with the employer, are within the scope of representation and are subject to collective bargaining. (Added by Stats. 2023, Ch. 313, Sec. 1. (AB 1) Effective January 1, 2024. Operative July 1, 2026, pursuant to Sec. 3599.84.)
  76. 3599.84.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. Legislature Employer-Employee Relations [3599.50 - 3599.84] ( Chapter 12.5 added by Stats. 2023, Ch. 313, Sec. 1. )

    Verify source ↗

    This chapter becomes operative on July 1, 2026.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. Legislature Employer-Employee Relations [3599.50 - 3599.84] ( Chapter 12.5 added by Stats. 2023, Ch. 313, Sec. 1. ) ## 3599.84. This chapter shall become operative on July 1, 2026. (Added by Stats. 2023, Ch. 313, Sec. 1. (AB 1) Effective January 1, 2024.)
  77. 3600.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4.5. Mediation and Conciliation Service [3600 - 3616] ( Division 4.5 added by Stats. 2012, Ch. 46, Sec. 11. ) ## CHAPTER 1. General Provisions [3600 - 3602] ( Chapter 1 added by Stats. 2012, Ch. 46, Sec. 11. )

    Verify source ↗

    This section creates the California State Mediation and Conciliation Service within the Public Employment Relations Board and requires it to perform services under Section 3601 and other duties assigned by statute.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4.5. Mediation and Conciliation Service [3600 - 3616] ( Division 4.5 added by Stats. 2012, Ch. 46, Sec. 11. ) ## CHAPTER 1. General Provisions [3600 - 3602] ( Chapter 1 added by Stats. 2012, Ch. 46, Sec. 11. ) ## 3600. There is within the Public Employment Relations Board a division known as the California State Mediation and Conciliation Service, which shall conduct the services provided pursuant to Section 3601 and carryout the functions vested by any other statute in the California State Mediation and Conciliation Service, the State Mediation and Conciliation Service, the State Conciliation Service, or the Division of Conciliation of the Department of Industrial Relations. (Added by Stats. 2012, Ch. 46, Sec. 11. (SB 1038) Effective June 27, 2012.)
  78. 3601.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4.5. Mediation and Conciliation Service [3600 - 3616] ( Division 4.5 added by Stats. 2012, Ch. 46, Sec. 11. ) ## CHAPTER 1. General Provisions [3600 - 3602] ( Chapter 1 added by Stats. 2012, Ch. 46, Sec. 11. )

    Verify source ↗

    The board may help resolve labor disputes, and some mediation records must stay confidential while arbitration decisions and awards are public records.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4.5. Mediation and Conciliation Service [3600 - 3616] ( Division 4.5 added by Stats. 2012, Ch. 46, Sec. 11. ) ## CHAPTER 1. General Provisions [3600 - 3602] ( Chapter 1 added by Stats. 2012, Ch. 46, Sec. 11. ) ## 3601. The board may investigate and mediate labor disputes providing any bona fide party to this type of dispute requests intervention by the board and the board may proffer its services to both parties when work stoppage is threatened and neither party requests intervention. In the interest of preventing labor disputes, the board shall endeavor to promote sound union-employer relationships. The board may arbitrate or arrange for the selection of boards of arbitration on those terms that as all of the bona fide parties to the dispute may agree upon. Any decision or award arising out of an arbitration conducted pursuant to this section is a public record. Section 703.5 and Chapter 2 (commencing with Section 1115) of Division 9 of the Evidence Code apply to a mediation conducted by the California State Mediation and Conciliation Service, and any person conducting the mediation. All other records of the California State Mediation and Conciliation Service relating to labor disputes are confidential. (Added by Stats. 2012, Ch. 46, Sec. 11. (SB 1038) Effective June 27, 2012.)
  79. 3602.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4.5. Mediation and Conciliation Service [3600 - 3616] ( Division 4.5 added by Stats. 2012, Ch. 46, Sec. 11. ) ## CHAPTER 1. General Provisions [3600 - 3602] ( Chapter 1 added by Stats. 2012, Ch. 46, Sec. 11. )

    Verify source ↗

    The board may seek and collect reimbursement for certain mediation, arbitration, training, facilitation, and related representation services.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4.5. Mediation and Conciliation Service [3600 - 3616] ( Division 4.5 added by Stats. 2012, Ch. 46, Sec. 11. ) ## CHAPTER 1. General Provisions [3600 - 3602] ( Chapter 1 added by Stats. 2012, Ch. 46, Sec. 11. ) ## 3602. Notwithstanding any other law, the board may seek and collect reimbursement from private and public sector employers, labor unions, and employee organizations for election, arbitration, training, and facilitation services provided by the California State Mediation and Conciliation Service pursuant to Section 3601 and for representation services, including the provision of hearing officers, related to public transit labor relations provided by the California State Mediation and Conciliation Service pursuant to the Public Utilities Code. (Added by Stats. 2012, Ch. 46, Sec. 11. (SB 1038) Effective June 27, 2012.)
  80. 3603.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4.5. Mediation and Conciliation Service [3600 - 3616] ( Division 4.5 added by Stats. 2012, Ch. 46, Sec. 11. ) ## CHAPTER 2. Succession to Functions and Responsibilities [3603- 3603.] ( Chapter 2 added by Stats. 2012, Ch. 46, Sec. 11. )

    Verify source ↗

    This section transfers specified powers, duties, property, funds, employees, and related regulations to the Public Employment Relations Board.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4.5. Mediation and Conciliation Service [3600 - 3616] ( Division 4.5 added by Stats. 2012, Ch. 46, Sec. 11. ) ## CHAPTER 2. Succession to Functions and Responsibilities [3603- 3603.] ( Chapter 2 added by Stats. 2012, Ch. 46, Sec. 11. ) ## 3603. (a) The Public Employment Relations Board succeeds to and is vested with all of the powers, duties, purposes, responsibilities, and jurisdiction vested in the Department of Industrial Relations and exercised or carried out through the California State Mediation and Conciliation Service. (b) All powers, duties, and responsibilities of the Director of Industrial Relations or the Department of Industrial Relations under Sections 19455 and 19604 of the Business and Professions Code, Section 89542.5 of the Education Code, Section 57031 of the Food and Agricultural Code, Sections 3502.5, 3507.1, 3507.3, 71632.5, 71636.1, 71636.3, 71637, 71802 to 71806, inclusive, and 71814 of the Government Code, Sections 1164 and 2686 of the Labor Code, and Sections 25051, 25052, 28850, 28851, 30750, 30751, 30756, 40120, 40122, 50120, 50121, 70120, 70122, 90300, 95650, 95651, 98162.5, 100301 to 100306, inclusive, 101341, 101342, 101344, 102401, 102403, 103401 to 103406, inclusive, 105142, 120502 to 120505, inclusive, and 125521 to 125526, inclusive, of the Public Utilities Code, Section 4.2 (as repealed and added by Chapter 1335 of the Regular Session of the Statutes of 1971) and Section 4.4 (as added by the Chapter 1335 of the Regular Session of the Statutes of 1971) of the Fresno Metropolitan Transit District Act of 1961, and Sections 13.90 to 13.96, inclusive, of the West Bay Rapid Transit Authority Act (as added by Chapter 104 of the First Extraordinary Session of the Statutes of 1964) are hereby transferred to the Public Employment Relations Board. (c) The regulations of the Director of Industrial Relations at Subchapter 2.2 (Sections 15800 to 15875.1, inclusive) and Subchapter 7 (Section 17300) of Chapter 8 of Division 1 of Title 8 of the California Code of Regulations shall remain in effect and shall be deemed to be regulations of the Public Employment Relations Board. (d) All persons serving in the state civil service, other than temporary employees, in the California State Mediation and Conciliation Service in the Department of Industrial Relations, and engaged in the performance of functions transferred to the Public Employment Relations Board, are transferred to the Public Employment Relations Board. The status, positions, and rights of those persons shall not be affected by their transfer and shall continue to be retained by them pursuant to the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2), except as to positions the duties of which are vested in a position exempt from civil service. The personnel records of all transferred employees shall be transferred to the Public Employment Relations Board. (e) The property of the Department of Industrial Relations that is used exclusively or primarily for the functions transferred to the Public Employment Relations Board is transferred to the Public Employment Relations Board. If any doubt arises as to whether or where property is to be transferred, the Department of General Services shall determine whether or where the property is to be transferred. (f) All unexpended balances of appropriations or other funds available for use in connection with any function or the administration of any law transferred to the Public Employment Relations Board shall be transferred to the Public Employment Relations Board. If any doubt arises as to whether or where those balances and funds are to be transferred, the Department of Finance shall determine whether or where those balances and funds are to be transferred. (Added by Stats. 2012, Ch. 46, Sec. 11. (SB 1038) Effective June 27, 2012.)
  81. 3610.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4.5. Mediation and Conciliation Service [3600 - 3616] ( Division 4.5 added by Stats. 2012, Ch. 46, Sec. 11. ) ## CHAPTER 3. Public Transportation Labor Disputes [3610 - 3616] ( Chapter 3 added by Stats. 2012, Ch. 46, Sec. 11. )

    Verify source ↗

    This section defines “local agency” and “public transit employee” for this chapter.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4.5. Mediation and Conciliation Service [3600 - 3616] ( Division 4.5 added by Stats. 2012, Ch. 46, Sec. 11. ) ## CHAPTER 3. Public Transportation Labor Disputes [3610 - 3616] ( Chapter 3 added by Stats. 2012, Ch. 46, Sec. 11. ) ## 3610. The definitions set forth in this section shall govern the construction and meaning of the terms used in this chapter: (a) “Local agency” means any city, county, special district, or other public entity in the state. It includes a charter city or a charter county. (b) “Public transit employee” means an employee of any transit district of the state, an employee of the Golden Gate Bridge, Highway and Transportation District, and an employee of any local agency who is employed to work for transit service provided by that agency. (Added by Stats. 2012, Ch. 46, Sec. 11. (SB 1038) Effective June 27, 2012.)
  82. 3611.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4.5. Mediation and Conciliation Service [3600 - 3616] ( Division 4.5 added by Stats. 2012, Ch. 46, Sec. 11. ) ## CHAPTER 3. Public Transportation Labor Disputes [3610 - 3616] ( Chapter 3 added by Stats. 2012, Ch. 46, Sec. 11. )

    Verify source ↗

    This section sets rules for disputes between public transit employee bargaining representatives and local agencies, including bargaining timelines, data exchange, mediation on request, and a bar on fact-finding.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4.5. Mediation and Conciliation Service [3600 - 3616] ( Division 4.5 added by Stats. 2012, Ch. 46, Sec. 11. ) ## CHAPTER 3. Public Transportation Labor Disputes [3610 - 3616] ( Chapter 3 added by Stats. 2012, Ch. 46, Sec. 11. ) ## 3611. Notwithstanding any other law, the following provisions shall govern disputes between exclusive bargaining representatives of public transit employees and local agencies: (a) The disputes shall not be subject to any fact-finding procedure otherwise provided by law. (b) Each party shall exchange contract proposals not less than 90 days before the expiration of a contract, and shall be in formal collective bargaining not less than 60 days before that expiration. (c) Each party shall supply to the other party all reasonable data as requested by the other party. (d) At the request of either party to a dispute, a conciliator from the California State Mediation and Conciliation Service shall be assigned to mediate the dispute and shall have access to all formal negotiations. The provisions of this section shall not apply to any local agency subject to the provisions of Chapter 10 (commencing with Section 3500) of Division 4. (Added by Stats. 2012, Ch. 46, Sec. 11. (SB 1038) Effective June 27, 2012.)
  83. 3612.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4.5. Mediation and Conciliation Service [3600 - 3616] ( Division 4.5 added by Stats. 2012, Ch. 46, Sec. 11. ) ## CHAPTER 3. Public Transportation Labor Disputes [3610 - 3616] ( Chapter 3 added by Stats. 2012, Ch. 46, Sec. 11. )

    Verify source ↗

    The Governor may appoint a board to investigate a public-transportation labor dispute and report back within seven days; the report must be factual, no recommendations, and public.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4.5. Mediation and Conciliation Service [3600 - 3616] ( Division 4.5 added by Stats. 2012, Ch. 46, Sec. 11. ) ## CHAPTER 3. Public Transportation Labor Disputes [3610 - 3616] ( Chapter 3 added by Stats. 2012, Ch. 46, Sec. 11. ) ## 3612. (a) Whenever in the opinion of the Governor, a threatened or actual strike or lockout will, if permitted to occur or continue, significantly disrupt public transportation services and endanger the public’s health, safety, or welfare, and upon the request of either party to the dispute, the Governor may appoint a board to investigate the issues involved in the dispute and to make a written report to him or her within seven days. The report shall include a statement of the facts with respect to the dispute, including the respective positions of the parties, but shall not contain recommendations. The report shall be made available to the public. (b) Any strike or lockout during the period of investigation of the board appointed pursuant to this section is prohibited. (Added by Stats. 2012, Ch. 46, Sec. 11. (SB 1038) Effective June 27, 2012.)
  84. 3613.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4.5. Mediation and Conciliation Service [3600 - 3616] ( Division 4.5 added by Stats. 2012, Ch. 46, Sec. 11. ) ## CHAPTER 3. Public Transportation Labor Disputes [3610 - 3616] ( Chapter 3 added by Stats. 2012, Ch. 46, Sec. 11. )

    Verify source ↗

    The board of investigation may hold hearings and use subpoenas to gather evidence, and it must have no more than five members, with one designated as chairperson by the Governor.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4.5. Mediation and Conciliation Service [3600 - 3616] ( Division 4.5 added by Stats. 2012, Ch. 46, Sec. 11. ) ## CHAPTER 3. Public Transportation Labor Disputes [3610 - 3616] ( Chapter 3 added by Stats. 2012, Ch. 46, Sec. 11. ) ## 3613. The board of investigation shall be composed of no more than five members, one of whom shall be designated by the Governor as chairperson. Members of the board shall receive one hundred dollars ($100) for each day actually spent by them in the work of the board and shall receive their actual and necessary expenses incurred in the performance of their duties. The board may hold public hearings to ascertain the facts with respect to the causes and circumstances of the dispute. For the purpose of any hearing or investigation, the board may summon and subpoena witnesses, require the production of papers, books, accounts, reports, documents, records, and papers of any kind and description, to issue subpoenas, and to take all necessary means to compel the attendance of witnesses and procure testimony. (Added by Stats. 2012, Ch. 46, Sec. 11. (SB 1038) Effective June 27, 2012.)
  85. 3614.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4.5. Mediation and Conciliation Service [3600 - 3616] ( Division 4.5 added by Stats. 2012, Ch. 46, Sec. 11. ) ## CHAPTER 3. Public Transportation Labor Disputes [3610 - 3616] ( Chapter 3 added by Stats. 2012, Ch. 46, Sec. 11. )

    Verify source ↗

    After a board of investigation report, the Governor may ask the Attorney General to seek a court order stopping a strike or lockout, and the court must issue the order if the statutory finding is made.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4.5. Mediation and Conciliation Service [3600 - 3616] ( Division 4.5 added by Stats. 2012, Ch. 46, Sec. 11. ) ## CHAPTER 3. Public Transportation Labor Disputes [3610 - 3616] ( Chapter 3 added by Stats. 2012, Ch. 46, Sec. 11. ) ## 3614. Upon receiving a report from a board of investigation, the Governor may request the Attorney General to, and he or she shall, petition any court of competent jurisdiction to enjoin the strike or lockout or the continuing thereof, for a period of 60 days. The court shall issue an order enjoining the strike or lockout, or the continuation thereof, if the court finds that the threatened or actual strike or lockout, if permitted to occur or continue, will significantly disrupt public transportation services and endanger the public’s health, safety, or welfare. (Added by Stats. 2012, Ch. 46, Sec. 11. (SB 1038) Effective June 27, 2012.)
  86. 3615.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4.5. Mediation and Conciliation Service [3600 - 3616] ( Division 4.5 added by Stats. 2012, Ch. 46, Sec. 11. ) ## CHAPTER 3. Public Transportation Labor Disputes [3610 - 3616] ( Chapter 3 added by Stats. 2012, Ch. 46, Sec. 11. )

    Verify source ↗

    If a local agency’s charter or establishing law sets a negotiating or meet-and-confer period shorter than 60 days, this chapter does not apply to disputes between the exclusive bargaining representative of public transit employees and the local agency.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4.5. Mediation and Conciliation Service [3600 - 3616] ( Division 4.5 added by Stats. 2012, Ch. 46, Sec. 11. ) ## CHAPTER 3. Public Transportation Labor Disputes [3610 - 3616] ( Chapter 3 added by Stats. 2012, Ch. 46, Sec. 11. ) ## 3615. If the charter or establishing legislation of the local agency establishes a time period for the negotiating or meeting and conferring process which is shorter than 60 days, the provisions of this chapter shall not be applicable to any disputes which may arise between the exclusive bargaining representative of public transit employees and the local agency. (Added by Stats. 2012, Ch. 46, Sec. 11. (SB 1038) Effective June 27, 2012.)
  87. 3616.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4.5. Mediation and Conciliation Service [3600 - 3616] ( Division 4.5 added by Stats. 2012, Ch. 46, Sec. 11. ) ## CHAPTER 3. Public Transportation Labor Disputes [3610 - 3616] ( Chapter 3 added by Stats. 2012, Ch. 46, Sec. 11. )

    Verify source ↗

    This section says the chapter does not by itself grant or take away employees’ right to strike, except where Section 3612(b) and Section 3614 expressly provide otherwise.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4.5. Mediation and Conciliation Service [3600 - 3616] ( Division 4.5 added by Stats. 2012, Ch. 46, Sec. 11. ) ## CHAPTER 3. Public Transportation Labor Disputes [3610 - 3616] ( Chapter 3 added by Stats. 2012, Ch. 46, Sec. 11. ) ## 3616. Except as expressly provided by subdivision (b) of Section 3612 and Section 3614, nothing in this chapter shall be construed to grant or deprive employees of a right to strike. (Added by Stats. 2012, Ch. 46, Sec. 11. (SB 1038) Effective June 27, 2012.)
  88. 36501.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 1. GENERAL [36501 - 36525] ( Part 1 added by Stats. 1949, Ch. 79. )

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    The government of a general law city is vested in a city council, a city clerk, a city treasurer, a chief of police, a fire chief, and any other officers or employees provided by law.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 1. GENERAL [36501 - 36525] ( Part 1 added by Stats. 1949, Ch. 79. ) ## 36501. The government of a general law city is vested in: (a) A city council of at least five members. (b) A city clerk. (c) A city treasurer. (d) A chief of police. (e) A fire chief. (f) Any subordinate officers or employees provided by law. (Amended by Stats. 2000, Ch. 506, Sec. 20. Effective January 1, 2001.)
  89. 36501.5.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 1. GENERAL [36501 - 36525] ( Part 1 added by Stats. 1949, Ch. 79. )

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    Every employee has the right to inspect personnel records, subject to Section 1198.5 of the Labor Code.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 1. GENERAL [36501 - 36525] ( Part 1 added by Stats. 1949, Ch. 79. ) ## 36501.5. Every employee has the right to inspect personnel records pursuant to Section 1198.5 of the Labor Code (Added by Stats. 2000, Ch. 886, Sec. 8. Effective January 1, 2001.)
  90. 36502.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 1. GENERAL [36501 - 36525] ( Part 1 added by Stats. 1949, Ch. 79. )

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    A person may not hold office as councilmember, city clerk, or city treasurer unless they are a city elector and were a registered city voter when nomination papers were issued. City council term-limit proposals can be adopted or proposed by city residents, but they apply only prospectively and do not take effect unless approved by voters at a regularly scheduled election.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 1. GENERAL [36501 - 36525] ( Part 1 added by Stats. 1949, Ch. 79. ) ## 36502. (a) A person is not eligible to hold office as councilmember, city clerk, or city treasurer unless he or she is at the time of assuming the office an elector of the city, and was a registered voter of the city at the time nomination papers are issued to the candidate as provided for in Section 10227 of the Elections Code. If, during his or her term of office, he or she moves his or her place of residence outside of the city limits or ceases to be an elector of the city, his or her office shall immediately become vacant. (b) Notwithstanding any other provision of law, the city council of a general law or charter city may adopt or the residents of the city may propose, by initiative, a proposal to limit or repeal a limit on the number of terms a member of the city council may serve on the city council, or the number of terms an elected mayor may serve. Any proposal to limit the number of terms a member of the city council may serve on the city council, or the number of terms an elected mayor may serve, shall apply prospectively only and shall not become operative unless it is submitted to the electors of the city at a regularly scheduled election and a majority of the votes cast on the question favor the adoption of the proposal. Notwithstanding the provisions of this subdivision, the provisions of any city charter that, on January 1, 1996, impose limitations on the number of terms a member of the city council may serve on the city council, or the number of terms an elected mayor may serve, shall remain in effect. Unless otherwise prohibited by a city charter, any city charter may be amended pursuant to this section or pursuant to the procedures specified in the charter, to include the limitation authorized in this subdivision. (Amended by Stats. 1995, Ch. 432, Sec. 5. Effective January 1, 1996.)
  91. 36502.5.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 1. GENERAL [36501 - 36525] ( Part 1 added by Stats. 1949, Ch. 79. )

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    The City of Tustin city council may adopt an ordinance limiting council terms, but only if the same proposal was previously put to voters at a regular election and a majority approved it.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 1. GENERAL [36501 - 36525] ( Part 1 added by Stats. 1949, Ch. 79. ) ## 36502.5. Notwithstanding the provisions of Section 36502, the city council of the City of Tustin may adopt by ordinance a proposal to limit the number of terms a member of the city council may serve on the city council without submitting the proposal to the electors of the city for approval, provided that a proposal containing those same provisions was submitted to the electors of the City of Tustin at a regularly scheduled election and a majority of the votes cast on the question favored the adoption of the proposal. Any ordinance adopted pursuant to this section shall apply prospectively from the effective date of this section. (Added by Stats. 1996, Ch. 310, Sec. 1. Effective January 1, 1997.)
  92. 36503.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 1. GENERAL [36501 - 36525] ( Part 1 added by Stats. 1949, Ch. 79. )

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    Elective city offices are filled at a general municipal election, and elected city officers hold office for their prescribed terms after installation until successors are elected and qualified.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 1. GENERAL [36501 - 36525] ( Part 1 added by Stats. 1949, Ch. 79. ) ## 36503. Unless otherwise required by Section 57379, a general municipal election shall be held on a date prescribed by Section 1301 of the Elections Code. Except as otherwise provided in this title, all elective city offices shall be filled by the city electorate at a general municipal election. City officers holding elective city office shall hold office for their prescribed terms from the date of the installation of officers following adoption by the council of the official canvass of their election and until their successors are elected and qualified. (Amended by Stats. 1996, Ch. 1143, Sec. 70. Effective September 30, 1996.)
  93. 36503.5.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 1. GENERAL [36501 - 36525] ( Part 1 added by Stats. 1949, Ch. 79. )

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    During a city recall election period, the elective officer being recalled must not spend city funds or take part in actions that would commit city funds to be spent.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 1. GENERAL [36501 - 36525] ( Part 1 added by Stats. 1949, Ch. 79. ) ## 36503.5. Notwithstanding any other provision of law, during the period commencing the day of a recall election pursuant to Division 11 (commencing with Section 11000) of the Elections Code, of an elective officer of a city, and ending upon certification of the election results pursuant to Division 15 (commencing with Section 15000) of the Elections Code, or, if the recall prevails, upon qualification of the successor declared elected pursuant to Section 11385 of the Elections Code, an elective officer sought to be recalled shall not expend, or participate in any action that would commit to expend, city funds. (Added by Stats. 2006, Ch. 193, Sec. 1. Effective January 1, 2007.)
  94. 36505.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 1. GENERAL [36501 - 36525] ( Part 1 added by Stats. 1949, Ch. 79. )

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    The city council must appoint the chief of police, and it may appoint certain other city officers and employees.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 1. GENERAL [36501 - 36525] ( Part 1 added by Stats. 1949, Ch. 79. ) ## 36505. The city council shall appoint the chief of police. It may appoint a city attorney, a superintendent of streets, a civil engineer, and such other subordinate officers or employees as it deems necessary. (Amended by Stats. 1951, Ch. 1553.)
  95. 36506.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 1. GENERAL [36501 - 36525] ( Part 1 added by Stats. 1949, Ch. 79. )

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    The city council must set the compensation of all appointive officers and employees by resolution or ordinance.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 1. GENERAL [36501 - 36525] ( Part 1 added by Stats. 1949, Ch. 79. ) ## 36506. By resolution or ordinance, the city council shall fix the compensation of all appointive officers and employees. Such officers and employees hold office during the pleasure of the city council. (Added by Stats. 1949, Ch. 79.)
  96. 36507.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 1. GENERAL [36501 - 36525] ( Part 1 added by Stats. 1949, Ch. 79. )

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    City officers must file the constitutional oath of office with the city clerk before starting their duties.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 1. GENERAL [36501 - 36525] ( Part 1 added by Stats. 1949, Ch. 79. ) ## 36507. Before entering upon his or her duties, each city officer shall take and file with the city clerk the constitutional oath of office, except that the councilmember elected at the incorporation election shall deposit his or her oath with the county elections official of the county wherein the city is located, to be held by him or her for delivery to the city clerk at the time as the city clerk officially assumes office. (Amended by Stats. 2002, Ch. 221, Sec. 39. Effective January 1, 2003.)
  97. 36508.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 1. GENERAL [36501 - 36525] ( Part 1 added by Stats. 1949, Ch. 79. )

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    The city council may ask electors whether elective officers (except council members) should be appointed by the city council, but it cannot do this more than once every 11 months.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 1. GENERAL [36501 - 36525] ( Part 1 added by Stats. 1949, Ch. 79. ) ## 36508. At any municipal election, or a special election held for that purpose, the city council may submit to the electors the question whether the elective officers, or any of them except council members, shall be appointed by the city council; provided, however, that the city council shall not submit such question to the electors more often than once in an 11-month period. (Amended by Stats. 2010, Ch. 699, Sec. 11. (SB 894) Effective January 1, 2011.)
  98. 36509.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 1. GENERAL [36501 - 36525] ( Part 1 added by Stats. 1949, Ch. 79. )

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    Election ballots must print the question about making the city clerk and/or city treasurer appointive, and must also print “yes” and “no” so voters can choose.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 1. GENERAL [36501 - 36525] ( Part 1 added by Stats. 1949, Ch. 79. ) ## 36509. The question shall be printed on the ballots used at the election substantially in one of the following forms: (a) “Shall the offices of city clerk and city treasurer be appointive?”; or (b) “Shall the office of city clerk be appointive?”; or (c) “Shall the office of city treasurer be appointive?” The words “yes” and “no” shall be so printed on the ballots that the voters may express their choice. (Amended by Stats. 1957, Ch. 765.)
  99. 36510.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 1. GENERAL [36501 - 36525] ( Part 1 added by Stats. 1949, Ch. 79. )

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    If the proposition gets a majority vote, the city council must appoint the officers at term end or when a vacancy occurs. The council may also give the city manager that appointment power by ordinance.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 1. GENERAL [36501 - 36525] ( Part 1 added by Stats. 1949, Ch. 79. ) ## 36510. If a majority of the votes cast on the proposition is for it, the city council shall appoint such officers at the expiration of the terms of the officers then in office, and on a vacancy in any such office. Such officers shall hold office during the pleasure of the city council and, notwithstanding Section 36502 to the contrary, are not required to be residents or electors in the city. The city council may by ordinance vest in the city manager its authority to appoint such officers. (Amended by Stats. 1963, Ch. 509.)
  100. 36511.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 1. GENERAL [36501 - 36525] ( Part 1 added by Stats. 1949, Ch. 79. )

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    A city incorporation petition may name elective officers to be appointed instead of elected, except council members.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 1. GENERAL [36501 - 36525] ( Part 1 added by Stats. 1949, Ch. 79. ) ## 36511. The petition for incorporation of a city may provide for the appointment of the elective officers, or any of them except council members. If it does, a separate election upon the question need not be held, and upon incorporation the city council shall appoint those officers. (Amended by Stats. 2010, Ch. 699, Sec. 12. (SB 894) Effective January 1, 2011.)
  101. 36512.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 1. GENERAL [36501 - 36525] ( Part 1 added by Stats. 1949, Ch. 79. )

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    This section sets rules for filling city office vacancies, including appointment and special-election timelines, and limits what certain council members may do after voting on an appointment.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 1. GENERAL [36501 - 36525] ( Part 1 added by Stats. 1949, Ch. 79. ) ## 36512. (a) If a vacancy occurs in an appointive office provided for in this chapter, the council shall fill the vacancy by appointment. A person appointed to fill a vacancy holds office for the unexpired term of the former incumbent. (b) If a vacancy occurs in an elective office provided for in this chapter, the council shall, within 60 days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy. (1) If the council calls a special election, the special election shall be held on the next regularly established election date not less than 114 days from the call of the special election. A person elected to fill a vacancy holds office for the unexpired term of the former incumbent. (2) If the council fills the vacancy by appointment, the person appointed to fill the vacancy shall hold office pursuant to one of the following: (A) If the vacancy occurs in the first half of a term of office and at least 130 days prior to the next general municipal election, the person appointed to fill the vacancy shall hold office until the next general municipal election that is scheduled 130 or more days after the date the council is notified of the vacancy, and thereafter until the person who is elected at that election to fill the vacancy has been qualified. The person elected to fill the vacancy shall hold office for the unexpired balance of the term of office. (B) If the vacancy occurs in the first half of a term of office, but less than 130 days prior to the next general municipal election, or if the vacancy occurs in the second half of a term of office, the person appointed to fill the vacancy shall hold office for the unexpired term of the former incumbent. (c) Notwithstanding subdivision (b) and Section 34902, a city may enact an ordinance that does any of the following: (1) Requires that a special election be called immediately to fill every city council vacancy and the office of mayor designated pursuant to Section 34902. The ordinance shall provide that the special election shall be held on the next regularly established election date not less than 114 days from the call of the special election. (2) Requires that a special election be held to fill a city council vacancy and the office of mayor designated pursuant to Section 34902 when petitions bearing a specified number of verified signatures are filed. The ordinance shall provide that the special election shall be held on the next regularly established election date not less than 114 days from the filing of the petition. A governing body that has enacted such an ordinance may also call a special election pursuant to subdivision (b) without waiting for the filing of a petition. (3) Provides that a person appointed to fill a vacancy on the city council holds office only until the date of a special election which shall immediately be called to fill the remainder of the term. The special election may be held on the date of the next regularly established election or regularly scheduled municipal election to be held throughout the city not less than 114 days from the call of the special election. (d) (1) Notwithstanding subdivision (b) and Section 34902, an appointment shall not be made to fill a vacancy on a city council if the appointment would result in a majority of the members serving on the council having been appointed. The vacancy shall be filled in the manner provided by this subdivision. (2) The city council may call an election to fill the vacancy, to be held on the next regularly established election date not less than 114 days after the call. (3) If the city council does not call an election pursuant to paragraph (2), the vacancy shall be filled at the next regularly established election date. (e) (1) If the city council of a city that elects city council members by or from districts elects to fill a vacancy on the city council by appointment as a result of a city council member resigning from office, the resigning city council member may cast a vote on the appointment if the resignation will go into effect upon the appointment of a successor. A city council member shall not cast a vote for a family member or any other person with whom the city council member has a relationship that may create a potential conflict of interest. (2) If a city council member elects to cast a vote under this subdivision, the city council member shall be prohibited from the following actions for a period of two years after the appointment of a successor: (A) Advocating on any measure or issue coming before the city council in which the city council member may have a personal benefit. (B) Entering into a contract of any kind with the city or a city vendor. (C) Accepting a position of employment with the city or a city vendor. (D) Applying for a permit that is subject to the approval of the city council. (3) This subdivision shall not apply to any city council member who is resigning from the city council due to charges of, or conviction for, corruption or criminal behavior, or who is subject to a recall election. (Amended by Stats. 2015, Ch. 185, Sec. 1. (AB 952) Effective January 1, 2016.)
  102. 36513.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 1. GENERAL [36501 - 36525] ( Part 1 added by Stats. 1949, Ch. 79. )

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    A city councilmember’s office becomes vacant after 60 consecutive days of unpermitted absence from regular council meetings, or 70 consecutive days if the council meets monthly or less often.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 1. GENERAL [36501 - 36525] ( Part 1 added by Stats. 1949, Ch. 79. ) ## 36513. (a) If a city councilmember is absent without permission from all regular city council meetings for 60 days consecutively from the last regular meeting he or she attended, his or her office becomes vacant and shall be filled as any other vacancy. (b) Notwithstanding subdivision (a), if a city council meets monthly or less frequently than monthly and a city councilmember is absent without permission from all regular city council meetings for 70 days consecutively from the last regular meeting he or she attended, his or her office becomes vacant and shall be filled as any other vacancy. (Amended by Stats. 1990, Ch. 1558, Sec. 2.)
  103. 36514.5.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 1. GENERAL [36501 - 36525] ( Part 1 added by Stats. 1949, Ch. 79. )

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    City council members may be reimbursed for actual and necessary expenses incurred while performing official duties.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 1. GENERAL [36501 - 36525] ( Part 1 added by Stats. 1949, Ch. 79. ) ## 36514.5. City council members may be reimbursed for actual and necessary expenses incurred in the performance of official duties. Reimbursement for these expenses is subject to Sections 53232.2 and 53232.3. (Amended by Stats. 2005, Ch. 700, Sec. 2. Effective January 1, 2006.)
  104. 36515.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 1. GENERAL [36501 - 36525] ( Part 1 added by Stats. 1949, Ch. 79. )

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    A city council member appointed or elected to fill a vacancy gets the same compensation as the member whose seat was vacated.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 1. GENERAL [36501 - 36525] ( Part 1 added by Stats. 1949, Ch. 79. ) ## 36515. The compensation of a city council member appointed or elected to fill a vacancy is the same as that payable to the member whose office was vacated. (Amended by Stats. 2010, Ch. 699, Sec. 13. (SB 894) Effective January 1, 2011.)
  105. 36516.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 1. GENERAL [36501 - 36525] ( Part 1 added by Stats. 1949, Ch. 79. )

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    A city council may set member salaries by ordinance within population-based caps, but it cannot create automatic future increases or exceed the stated procedures and limits.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 1. GENERAL [36501 - 36525] ( Part 1 added by Stats. 1949, Ch. 79. ) ## 36516. (a) (1) A city council may enact an ordinance providing that each member of the city council shall receive a salary based on the population of the city as set forth in paragraph (2). (2) The salaries approved by ordinance under paragraph (1) shall be as follows: (A) In cities up to and including 35,000 in population, up to and including nine hundred fifty dollars ($950) per month. (B) In cities over 35,000 up to and including 50,000 in population, up to and including one thousand two hundred seventy-five dollars ($1,275) per month. (C) In cities over 50,000 up to and including 75,000 in population, up to and including one thousand six hundred dollars ($1,600) per month. (D) In cities over 75,000 up to and including 150,000 in population, up to and including one thousand nine hundred dollars ($1,900) per month. (E) In cities over 150,000 up to and including 250,000 in population, up to and including two thousand five hundred fifty dollars ($2,550) per month. (F) In cities over 250,000 population, up to and including three thousand two hundred dollars ($3,200) per month. (3) For the purposes of this subdivision, the population of a city shall be determined by the last preceding federal census, or a subsequent census, or estimate validated by the Department of Finance. (4) The salary of council members may be increased beyond the amount provided in this subdivision by an ordinance or by an amendment to an ordinance, but the amount of the increase shall not exceed the greater of either of the following: (A) An amount equal to 5 percent for each calendar year from the operative date of the last adjustment of the salary in effect when the ordinance or amendment is enacted. (B) An amount equal to inflation since January 1, 2024, based upon the California Consumer Price Index, which shall not exceed 10 percent for each calendar year. (5) No ordinance shall be enacted or amended to provide automatic future increases in salary. (b) Notwithstanding subdivision (a), at any municipal election, the question of whether city council members shall receive a salary for services, and the amount of that salary, may be submitted to the electors. If a majority of the electors voting at the election favor it, all of the council members shall receive the salary specified in the election call. The salary of council members may be increased beyond the amount provided in this section or decreased below the amount in the same manner. (c) Unless specifically authorized by another statute, a city council may not enact an ordinance providing for compensation to city council members in excess of that authorized by the procedures described in subdivisions (a) and (b). For the purposes of this section, compensation includes payment for service by a city council member on a commission, committee, board, authority, or similar body on which the city council member serves. If the other statute that authorizes the compensation does not specify the amount of compensation, the maximum amount shall be one hundred fifty dollars ($150) per month for each commission, committee, board, authority, or similar body. (d) Any amounts paid by a city for retirement, health and welfare, and federal social security benefits shall not be included for purposes of determining salary under this section, provided that the same benefits are available and paid by the city for its employees. (e) Any amounts paid by a city to reimburse a council member for actual and necessary expenses pursuant to Section 36514.5 shall not be included for purposes of determining salary pursuant to this section. (f) A city council member may waive any or all of the compensation permitted by this section. (g) (1) For the purposes of this section, a city council shall consider the adoption of an ordinance to increase compensation in open session during at least two regular meetings of the city council. (2) At the first meeting, the city council shall present the proposed ordinance, which shall include findings demonstrating the need for the increased compensation. The ordinance shall not be adopted at the first meeting. (3) At least seven days after the first meeting, the city council shall hold a second meeting to consider whether to adopt the ordinance. (Amended by Stats. 2023, Ch. 27, Sec. 2. (SB 329) Effective January 1, 2024.)
  106. 36516.1.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 1. GENERAL [36501 - 36525] ( Part 1 added by Stats. 1949, Ch. 79. )

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    A mayor elected under Sections 34900 to 34904 may receive extra compensation beyond council-member pay.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 1. GENERAL [36501 - 36525] ( Part 1 added by Stats. 1949, Ch. 79. ) ## 36516.1. A mayor elected pursuant to Sections 34900 to 34904, inclusive, may be provided with compensation in addition to that which he or she receives as a council member. That additional compensation may be provided by an ordinance adopted by the city council or by a majority vote of the electors voting on the proposition at a municipal election. (Amended by Stats. 2010, Ch. 699, Sec. 14. (SB 894) Effective January 1, 2011.)
  107. 36516.5.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 1. GENERAL [36501 - 36525] ( Part 1 added by Stats. 1949, Ch. 79. )

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    A compensation change does not apply to a council member during that member’s term of office.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 1. GENERAL [36501 - 36525] ( Part 1 added by Stats. 1949, Ch. 79. ) ## 36516.5. A change in compensation does not apply to a council member during the council member’s term of office. This prohibition shall not prevent the adjustment of the compensation of all members of a council serving staggered terms whenever one or more members of the city council becomes eligible for a salary increase by virtue of the council member beginning a new term of office. (Amended by Stats. 2010, Ch. 699, Sec. 15. (SB 894) Effective January 1, 2011.)
  108. 36517.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 1. GENERAL [36501 - 36525] ( Part 1 added by Stats. 1949, Ch. 79. )

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    The city clerk and city treasurer must receive compensation at stated times, and the amount is fixed by ordinance or resolution.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 1. GENERAL [36501 - 36525] ( Part 1 added by Stats. 1949, Ch. 79. ) ## 36517. The city clerk and the city treasurer shall receive, at stated times, a compensation fixed by ordinance or resolution. (Amended by Stats. 1971, Ch. 275.)
  109. 36518.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 1. GENERAL [36501 - 36525] ( Part 1 added by Stats. 1949, Ch. 79. )

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    The city clerk and city treasurer must each post a bond to the city before starting their duties.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 1. GENERAL [36501 - 36525] ( Part 1 added by Stats. 1949, Ch. 79. ) ## 36518. Before entering upon the duties of their offices, the city clerk and city treasurer shall each execute a bond to the city. Except as otherwise provided, the bonds shall conform to the provisions of this code relating to bonds of public officers. The penal sum of the bond shall be in a reasonable amount recommended by the city attorney and fixed by the city council, by resolution, and may be changed during their terms of office. (Amended by Stats. 1965, Ch. 457.)
  110. 36519.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 1. GENERAL [36501 - 36525] ( Part 1 added by Stats. 1949, Ch. 79. )

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    The city council may require bonds from any other city officer or employee.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 1. GENERAL [36501 - 36525] ( Part 1 added by Stats. 1949, Ch. 79. ) ## 36519. The city council may require bonds of any other officer or employee of the city. (Added by Stats. 1949, Ch. 79.)
  111. 36520.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 1. GENERAL [36501 - 36525] ( Part 1 added by Stats. 1949, Ch. 79. )

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    The city council must approve all bonds.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 1. GENERAL [36501 - 36525] ( Part 1 added by Stats. 1949, Ch. 79. ) ## 36520. The city council shall approve all bonds. When approved, the clerk’s bond shall be filed with the mayor, and other bonds shall be filed with the city clerk. (Added by Stats. 1949, Ch. 79.)
  112. 36521.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 1. GENERAL [36501 - 36525] ( Part 1 added by Stats. 1949, Ch. 79. )

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    Laws relating to officers’ official bonds apply to bonds required by this chapter, unless another provision says otherwise.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 1. GENERAL [36501 - 36525] ( Part 1 added by Stats. 1949, Ch. 79. ) ## 36521. Except as otherwise provided, all laws relating to the official bonds of officers apply to bonds required by this chapter. (Added by Stats. 1949, Ch. 79.)
  113. 36522.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 1. GENERAL [36501 - 36525] ( Part 1 added by Stats. 1949, Ch. 79. )

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    City officers or employees who collect or receive city money must deposit it immediately in the treasury and report and settle the deposits monthly, or more often if an ordinance requires it.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 1. GENERAL [36501 - 36525] ( Part 1 added by Stats. 1949, Ch. 79. ) ## 36522. Any officer or employee collecting or receiving any money belonging to, or for the use of, the city shall deposit it immediately in the treasury in the manner prescribed by ordinance for the benefit of the funds to which it belongs. The officer or employee shall report any deposits to, and settle with, the city clerk, or director of finance if that office has been established by ordinance, on the first Monday in each month or at shorter intervals as are prescribed by ordinance. (Amended by Stats. 2018, Ch. 467, Sec. 20. (SB 1498) Effective January 1, 2019.)
  114. 36523.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 1. GENERAL [36501 - 36525] ( Part 1 added by Stats. 1949, Ch. 79. )

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    The city council may create a treasurer’s departmental trust fund by ordinance or resolution, and officers or employees must advise the city treasurer each time a deposit is made.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 1. GENERAL [36501 - 36525] ( Part 1 added by Stats. 1949, Ch. 79. ) ## 36523. By ordinance or resolution, the city council may provide for a treasurer’s departmental trust fund into which collections of the police department and other officers authorized to make collections may be deposited at frequent intervals during each month. Officers or employees shall advise the city treasurer upon making each deposit. (Amended by Stats. 1951, Ch. 1553.)
  115. 36524.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 1. GENERAL [36501 - 36525] ( Part 1 added by Stats. 1949, Ch. 79. )

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    The city treasurer may make withdrawals from the fund only when an order is signed by the proper department head and only for listed purposes.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 1. GENERAL [36501 - 36525] ( Part 1 added by Stats. 1949, Ch. 79. ) ## 36524. The city treasurer shall make withdrawals from such a fund only on order signed by the proper department head and for the following purposes: (a) Making a refund of bail, which has been exonerated, or other refundable deposits. (b) Revolving fund advances authorized by the city council. (c) Correction of clerical or ministerial errors in the receipt of payments to the city. (d) Making settlements with city funds at the end of each calendar month for collections accumulated during the month. (Added by Stats. 1949, Ch. 79.)
  116. 36525.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 1. GENERAL [36501 - 36525] ( Part 1 added by Stats. 1949, Ch. 79. )

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    The section defines “city auditor” and requires the city auditor to file work-related books and records at the city auditor’s offices, while forbidding the city auditor and employees from releasing certain listed audit-related materials to the public.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 1. GENERAL [36501 - 36525] ( Part 1 added by Stats. 1949, Ch. 79. ) ## 36525. (a) As used in this section “city auditor” includes an elected or appointed officer or full-time employee of the city who is compensated, but does not include an independent contractor. (b) All books, papers, records, and correspondence of the city auditor pertaining to the auditor’s work are public records subject to Division 10 (commencing with Section 7920.000) of Title 1 and shall be filed at any of the regularly maintained offices of the city auditor. However, none of the following items or papers of which these items are a part may be released to the public by the city auditor, or the auditor’s employees: (1) Personal papers and correspondence of any person providing assistance to the city auditor when that person has requested in writing that the person’s papers and correspondence be kept private and confidential. Those papers and that correspondence shall become public records if the written request is withdrawn or upon the order of the city auditor. (2) Papers, correspondence, memoranda, or any substantive information pertaining to any audit not completed. (3) Papers, correspondence, or memoranda pertaining to any audit that has been completed, which papers, correspondence, or memoranda are not used in support of any report resulting from the audit. (Amended by Stats. 2021, Ch. 615, Sec. 191. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  117. 36801.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Organization [36801 - 36815] ( Chapter 1 added by Stats. 1949, Ch. 79. )

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    The city council must meet when the election results for a general municipal election are declared, then choose one of its members as mayor and one as mayor pro tempore.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Organization [36801 - 36815] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## 36801. The city council shall meet at the meeting at which the declaration of the election results for a general municipal election is made pursuant to Sections 10262 and 10263 of the Elections Code and, following the declaration of the election results and the installation of elected officials, choose one of its number as mayor, and one of its number as mayor pro tempore. (Amended by Stats. 2005, Ch. 620, Sec. 1. Effective January 1, 2006.)
  118. 36802.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Organization [36801 - 36815] ( Chapter 1 added by Stats. 1949, Ch. 79. )

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    The mayor must preside over council meetings. If the mayor is absent or unable to act, the mayor pro tempore serves until the mayor returns or can act, and has the mayor’s powers and duties during that time.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Organization [36801 - 36815] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## 36802. The mayor shall preside at the meetings of the council. If the mayor is absent or unable to act, the mayor pro tempore shall serve until the mayor returns or is able to act. The mayor pro tempore has all of the powers and duties of the mayor. (Amended by Stats. 2018, Ch. 467, Sec. 21. (SB 1498) Effective January 1, 2019.)
  119. 36803.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Organization [36801 - 36815] ( Chapter 1 added by Stats. 1949, Ch. 79. )

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    The mayor may make or second motions, and may present and discuss matters, as a member of the council.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Organization [36801 - 36815] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## 36803. The mayor may make or second any motion and present and discuss any matter as a member of the council. (Added by Stats. 1949, Ch. 79.)
  120. 36804.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Organization [36801 - 36815] ( Chapter 1 added by Stats. 1949, Ch. 79. )

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    If the city clerk is absent, the deputy city clerk must act. If there is no deputy city clerk, the mayor must appoint one council member as city clerk pro tempore.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Organization [36801 - 36815] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## 36804. If the city clerk is absent, the deputy city clerk shall act. If there is none, the mayor shall appoint one of the council members as city clerk pro tempore. (Amended by Stats. 2010, Ch. 699, Sec. 16. (SB 894) Effective January 1, 2011.)
  121. 36805.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Organization [36801 - 36815] ( Chapter 1 added by Stats. 1949, Ch. 79. )

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    The city council must hold regular meetings at least once a month, at times set by ordinance or resolution.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Organization [36801 - 36815] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## 36805. The city council shall hold regular meetings at least once a month at times fixed by ordinance or resolutions. It may adjourn any regular or adjourned meeting to a date specified in the order of adjournment. When so adjourned, the adjourned meeting is a regular meeting for all purposes. (Added by Stats. 1949, Ch. 79.)
  122. 36807.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Organization [36801 - 36815] ( Chapter 1 added by Stats. 1949, Ch. 79. )

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    At a special meeting, the city council may act only on matters stated in the notice or consent.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Organization [36801 - 36815] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## 36807. At any special meeting the city council shall act only on matters referred to in the notice or consent. (Added by Stats. 1949, Ch. 79.)
  123. 36809.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Organization [36801 - 36815] ( Chapter 1 added by Stats. 1949, Ch. 79. )

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    If an adjournment order for a regular meeting does not state the hour of the adjourned meeting, the adjourned meeting is held at the regular meeting hour.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Organization [36801 - 36815] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## 36809. When an order of adjournment of a regular meeting fails to state the hour at which the adjourned meeting is to be held, it shall be held at the hour specified for regular meetings. (Added by Stats. 1949, Ch. 79.)
  124. 36810.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Organization [36801 - 36815] ( Chapter 1 added by Stats. 1949, Ch. 79. )

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    A majority of the council is needed for a quorum to do business; a smaller group may adjourn and may compel absent members’ attendance under ordinance-based penalties.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Organization [36801 - 36815] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## 36810. A majority of the council constitutes a quorum for transaction of business. Less than a majority may adjourn from time to time, and compel attendance of absent members in the manner and under the penalties prescribed by ordinance. (Added by Stats. 1949, Ch. 79.)
  125. 36811.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Organization [36801 - 36815] ( Chapter 1 added by Stats. 1949, Ch. 79. )

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    If all council members are absent from a regular meeting, the city clerk must adjourn the meeting and personally give written notice to each council member at least three hours before the adjourned meeting.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Organization [36801 - 36815] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## 36811. If all council members are absent from any regular meeting, the city clerk shall declare the meeting adjourned to a stated day and hour. The city clerk shall cause a written notice of the adjournment to be delivered personally to each council member at least three hours before the adjourned meeting. (Amended by Stats. 2010, Ch. 699, Sec. 17. (SB 894) Effective January 1, 2011.)
  126. 36812.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Organization [36801 - 36815] ( Chapter 1 added by Stats. 1949, Ch. 79. )

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    After incorporation, the city council decides whether its members and election returns are qualified and determines contested elections of city officers.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Organization [36801 - 36815] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## 36812. After incorporation, the city council is judge of the qualifications of its members and of election returns. It shall determine contested elections of city officers. (Added by Stats. 1949, Ch. 79.)
  127. 36812.1.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Organization [36801 - 36815] ( Chapter 1 added by Stats. 1949, Ch. 79. )

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    If a written election contest statement is filed with the city clerk before city council proceedings begin, the council’s authority to start those proceedings is suspended for the period stated in Elections Code section 16401. After that period, the council may proceed if no related court proceedings were filed, or if filed proceedings end without a judgment.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Organization [36801 - 36815] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## 36812.1. If a written statement to contest the election of a city officer pursuant to Sections 16400 and 16401 of the Elections Code is filed with the city clerk prior to the commencement of any proceeding by the city council, pursuant to Section 36812, the authority of the city council to commence those proceedings shall be suspended for the applicable period of time specified in Section 16401 of the Elections Code for the filing of the statement of contest. Upon the expiration of the period of time, the city council may proceed pursuant to Section 36812 if no proceedings have been instituted pursuant to Article 1 (commencing with Section 16500) of Chapter 6 of Division 16 of the Elections Code, or those proceedings are terminated without judgment being rendered by the court. (Amended by Stats. 1994, Ch. 923, Sec. 74. Effective January 1, 1995.)
  128. 36812.5.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Organization [36801 - 36815] ( Chapter 1 added by Stats. 1949, Ch. 79. )

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    A city may defend certain elected city officers in specified election contests.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Organization [36801 - 36815] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## 36812.5. A city may defend any person elected to the city council or to the office of city clerk or city treasurer in any election contest instituted for any of the causes set forth in subdivisions (a), (d), or (e) of Section 16100 of the Elections Code. (Amended by Stats. 1994, Ch. 923, Sec. 75. Effective January 1, 1995.)
  129. 36813.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Organization [36801 - 36815] ( Chapter 1 added by Stats. 1949, Ch. 79. )

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    The council may set rules for how it conducts proceedings and may punish a member or other person for disorderly behavior at a meeting.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Organization [36801 - 36815] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## 36813. The council may establish rules for the conduct of its proceedings. It may punish a member or other person for disorderly behavior at a meeting. (Added by Stats. 1949, Ch. 79.)
  130. 36814.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Organization [36801 - 36815] ( Chapter 1 added by Stats. 1949, Ch. 79. )

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    The council must ensure the clerk keeps a correct record of its proceedings, and the city clerk must record the ayes and noes in the journal when a member requests it.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Organization [36801 - 36815] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## 36814. The council shall cause the clerk to keep a correct record of its proceedings. At the request of a member, the city clerk shall enter the ayes and noes in the journal. (Added by Stats. 1949, Ch. 79.)
  131. 36815.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Organization [36801 - 36815] ( Chapter 1 added by Stats. 1949, Ch. 79. )

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    This section says references to “councilman” or “councilmen” also include “councilwoman” or “councilwomen,” and lets female city council members use “councilwoman” and any city council member use “councilmember.”

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Organization [36801 - 36815] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## 36815. Any reference to “councilman” or “councilmen” shall also mean and include “councilwoman” or “councilwomen.” A female member of a city council may designate herself “councilwoman.” Any member of a city council may designate himself or herself “councilmember.” (Amended by Stats. 1986, Ch. 982, Sec. 13.)
  132. 36900.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Ordinances [36900 - 36937] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [36900 - 36904] ( Article 1 added by Stats. 1949, Ch. 79. )

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    A city ordinance violation is generally a misdemeanor unless the ordinance makes it an infraction; infraction penalties are capped by graduated fine amounts, and cities levying certain fines must provide a hardship-waiver process.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Ordinances [36900 - 36937] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [36900 - 36904] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 36900. (a) Violation of a city ordinance is a misdemeanor unless by ordinance it is made an infraction. The violation of a city ordinance may be prosecuted by city authorities in the name of the people of the State of California, or redressed by civil action. (b) Every violation determined to be an infraction is punishable by the following: (1) A fine not exceeding one hundred dollars ($100) for a first violation. (2) A fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year. (3) A fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year. (c) Notwithstanding any other law, a violation of local building and safety codes determined to be an infraction is punishable by the following: (1) A fine not exceeding one hundred thirty dollars ($130) for a first violation. (2) A fine not exceeding seven hundred dollars ($700) for a second violation of the same ordinance within one year. (3) (A) A fine not exceeding one thousand three hundred dollars ($1,300) for each additional violation of the same ordinance within one year of the first violation. (B) A fine not exceeding two thousand five hundred dollars ($2,500) for each additional violation of the same ordinance within two years of the first violation if the property is a commercial property that has an existing building at the time of the violation and the violation is due to failure by the owner to remove visible refuse or failure to prohibit unauthorized use of the property. (d) (1) Notwithstanding any other law, including subdivisions (b) and (c), the violation of a short-term rental ordinance that is an infraction is punishable by the following: (A) A fine not exceeding one thousand five hundred dollars ($1,500) for a first violation. (B) A fine not exceeding three thousand dollars ($3,000) for a second violation of the same ordinance within one year. (C) A fine not exceeding five thousand dollars ($5,000) for each additional violation of the same ordinance within one year of the first violation. (2) For purposes of this section, “short-term rental” means a residential dwelling, or any portion of a residential dwelling, that is rented to a person or persons for 30 consecutive days or less. (3) For purposes of this section, “residential dwelling” means a private structure that is designed and available, pursuant to applicable law, for use and occupancy by one or more individuals. “Residential dwelling” does not include a commercially operated hotel, motel, bed and breakfast inn, or a time-share property as defined by subdivision (aa) of Section 11212 of the Business and Professions Code. (4) The fine limits set by this subdivision apply only to infractions that pose a threat to public health or safety. The fines described in this subdivision shall not apply to a first time offense of failure to register or pay a business license fee. Nothing in this subdivision limits the authority of a city, or city and county, to establish lower fines for specific violations by ordinance. (e) A city levying a fine pursuant to paragraphs (2) and (3) of subdivisions (b) and (c), and paragraph (1) of subdivision (d), shall establish a process for granting a hardship waiver to reduce the amount of the fine upon a showing by the responsible party that the responsible party has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party. (Amended by Stats. 2021, Ch. 307, Sec. 2. (SB 60) Effective September 24, 2021.)
  133. 36901.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Ordinances [36900 - 36937] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [36900 - 36904] ( Article 1 added by Stats. 1949, Ch. 79. )

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    The city legislative body may set ordinance-violation penalties, including fines, imprisonment, or both, but the fine cannot exceed $1,000 and imprisonment cannot exceed 6 months.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Ordinances [36900 - 36937] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [36900 - 36904] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 36901. The city legislative body may impose fines, penalties, and forfeitures for violations of ordinances. It may fix the penalty by fine or imprisonment, or both. A fine shall not exceed one thousand dollars ($1,000). Imprisonment shall not exceed six months. (Amended by Stats. 1983, Ch. 1092, Sec. 139. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  134. 36903.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Ordinances [36900 - 36937] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [36900 - 36904] ( Article 1 added by Stats. 1949, Ch. 79. )

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    People jailed for violating an ordinance must be imprisoned in the city jail, unless the ordinance says they are to be held in the county jail.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Ordinances [36900 - 36937] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [36900 - 36904] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 36903. Imprisonment for violation of an ordinance shall be in the city jail, unless by ordinance the legislative body prescribes imprisonment in the county jail. If city prisoners are imprisoned in the county jail the expense is a charge against the city. (Added by Stats. 1949, Ch. 79.)
  135. 36904.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Ordinances [36900 - 36937] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [36900 - 36904] ( Article 1 added by Stats. 1949, Ch. 79. )

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    The legislative body may require people imprisoned for violating an ordinance to work on public property or public works within the city.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Ordinances [36900 - 36937] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [36900 - 36904] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 36904. The legislative body may require persons imprisoned for violation of an ordinance to labor on public property or works within the city. (Added by Stats. 1949, Ch. 79.)
  136. 36931.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Ordinances [36900 - 36937] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Enactment [36931 - 36937] ( Heading of Article 2 amended by Stats. 1955, Ch. 624. )

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    Ordinances must use the specified enacting clause naming the city council of the City of ____.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Ordinances [36900 - 36937] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Enactment [36931 - 36937] ( Heading of Article 2 amended by Stats. 1955, Ch. 624. ) ## 36931. The enacting clause of ordinances shall be: “The city council of the City of ____ does ordain as follows:”. (Added by Stats. 1949, Ch. 79.)
  137. 36932.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Ordinances [36900 - 36937] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Enactment [36931 - 36937] ( Heading of Article 2 amended by Stats. 1955, Ch. 624. )

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    Ordinances must be signed by the mayor and attested by the city clerk.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Ordinances [36900 - 36937] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Enactment [36931 - 36937] ( Heading of Article 2 amended by Stats. 1955, Ch. 624. ) ## 36932. (a) Ordinances shall be signed by the mayor and attested by the city clerk. When attesting to an electronic or digital signature, the clerk may presume that the signature is genuine and attributable to the signatory if the electronic or digital signature complies with the requirement set forth in subdivision (a) of Section 16.5. (b) The amendments made to this section by the act that added this subdivision shall not be construed to affect the validity of a clerk’s attestation to any other digital or electronic signature. (Amended by Stats. 2025, Ch. 242, Sec. 6. (SB 858) Effective January 1, 2026.)
  138. 36933.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Ordinances [36900 - 36937] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Enactment [36931 - 36937] ( Heading of Article 2 amended by Stats. 1955, Ch. 624. )

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    The city clerk must publish each ordinance within 15 days after passage, and ordinances generally are not valid unless published or posted as required.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Ordinances [36900 - 36937] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Enactment [36931 - 36937] ( Heading of Article 2 amended by Stats. 1955, Ch. 624. ) ## 36933. (a) Within 15 days after its passage, the city clerk shall cause each ordinance to be published at least once, with the names of those city council members voting for and against the ordinance, in a newspaper of general circulation published and circulated in the city, or if there is none, he or she shall cause it to be posted in at least three public places in the city or published in a newspaper of general circulation printed and published in the county and circulated in the city. In cities incorporated less than one year, the city council may determine whether ordinances are to be published or posted. Ordinances shall not be published in a newspaper if the charge exceeds the customary rate charged by the newspaper for publication of private legal notices, but these ordinances shall be posted in the manner and at the time required by this section. (b) Except as provided in Section 36937, an ordinance shall not take effect or be valid unless it is published or posted in substantially the manner and at the time required by this section. (c) The publication or posting of ordinances, as required by subdivision (a), may be satisfied by either of the following actions: (1) The city council may publish a summary of a proposed ordinance or proposed amendment to an existing ordinance. The summary shall be prepared by an official designated by the city council. A summary shall be published and a certified copy of the full text of the proposed ordinance or proposed amendment shall be posted in the office of the city clerk at least five days prior to the city council meeting at which the proposed ordinance or amendment or alteration thereto is to be adopted. Within 15 days after adoption of the ordinance or amendment, the city council shall publish a summary of the ordinance or amendment with the names of those city council members voting for and against the ordinance or amendment and the city clerk shall post in the office of the city clerk a certified copy of the full text of the adopted ordinance or amendment along with the names of those city council members voting for and against the ordinance or amendment; or (2) If the city official designated by the city council determines that it is not feasible to prepare a fair and adequate summary of the proposed or adopted ordinance or amendment, and if the city council so orders, a display advertisement of at least one-quarter of a page in a newspaper of general circulation in the city shall be published at least five days prior to the city council meeting at which the proposed ordinance or amendment or alteration thereto is to be adopted. Within 15 days after adoption of the ordinance or amendment, a display advertisement of at least one-quarter of a page shall be published. The advertisement shall indicate the general nature of, and provide information about, the proposed or adopted ordinance or amendment, including information sufficient to enable the public to obtain copies of the complete text of the ordinance or amendment, and the names of those city council members voting for and against the ordinance or amendment. (d) (1) Any member of the public may file with the city clerk, or any other person designated by the governing body to receive these requests, a request for notice of specific proposed ordinances or proposed amendments to ordinances. (2) Notice pursuant to paragraph (1) shall be mailed or otherwise transmitted at least five days before the council is scheduled to take action on the proposed ordinances or proposed amendments to an ordinance. Notice may be given by written notice properly mailed or by e-mail if the requesting member of the public provides an e-mail address. Notice may be in the form specified in either paragraph (1) or (2) of subdivision (c), as determined by the city council. (3) As an alternative to providing notice as requested of specific proposed ordinances or proposed amendments to ordinances, the city clerk, or other person designated by the governing body, may place the requesting member of the public on a general mailing list that gives timely notice of all governing body public meetings at which proposed ordinances or proposed amendments to ordinances may be heard, as provided in Section 54954.1. If this alternative is selected, the requesting member of the public shall be so advised. (4) The city may charge a fee that is reasonably related to the costs of providing notice pursuant to this subdivision. The city may require each request to be annually renewed. (5) Failure of the requesting person to receive the information pursuant to this subdivision shall not constitute grounds for any court to invalidate an otherwise properly adopted ordinance or amendment to an ordinance. (Amended by Stats. 2002, Ch. 159, Sec. 1. Effective January 1, 2003.)
  139. 36933.1.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Ordinances [36900 - 36937] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Enactment [36931 - 36937] ( Heading of Article 2 amended by Stats. 1955, Ch. 624. )

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    For small cities under 2,500 people, the city council may adopt an ordinance code by reference instead of publishing it, and later amendments to the code must be published.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Ordinances [36900 - 36937] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Enactment [36931 - 36937] ( Heading of Article 2 amended by Stats. 1955, Ch. 624. ) ## 36933.1. Whenever a city having a population of less than 2,500 inhabitants adopts an ordinance code containing all ordinances and amendments previously adopted and amendments and new ordinances to bring the codification up to the date of adoption, instead of publishing such code, amendments, and new ordinances pursuant to Section 36933, the city council may cause the code, amendments, and new ordinances to be adopted by reference as provided in Sections 50022.1 to 50022.8 inclusive of this code. Thereafter all ordinances amending the code shall be published pursuant to Section 36933. (Added by Stats. 1955, Ch. 270.)
  140. 36934.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Ordinances [36900 - 36937] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Enactment [36931 - 36937] ( Heading of Article 2 amended by Stats. 1955, Ch. 624. )

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    Ordinances have timing and meeting requirements before passage, with special rules for urgency ordinances and limited reading exemptions.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Ordinances [36900 - 36937] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Enactment [36931 - 36937] ( Heading of Article 2 amended by Stats. 1955, Ch. 624. ) ## 36934. Ordinances shall not be passed within five days of their introduction, nor at other than a regular meeting or at an adjourned regular meeting. However, an urgency ordinance may be passed immediately upon introduction and either at a regular or special meeting. Except when, after reading the title, further reading is waived by regular motion adopted by majority vote all ordinances shall be read in full either at the time of introduction or passage; provided, however, that a reading of the title or ordinance shall not be required if the title is included on the published agenda and a copy of the full ordinance is made available to the public online and in print at the meeting prior to the introduction or passage. When ordinances, other than urgency ordinances, are altered after introduction, they shall be passed only at a regular or at an adjourned regular meeting held at least five days after alteration. Corrections of typographical or clerical errors are not alterations within the meaning of this section. (Amended by Stats. 2022, Ch. 427, Sec. 5. (SB 1489) Effective January 1, 2023.)
  141. 36935.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Ordinances [36900 - 36937] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Enactment [36931 - 36937] ( Heading of Article 2 amended by Stats. 1955, Ch. 624. )

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    Resolutions or orders to pay money may be adopted only at a regular meeting or at a properly noticed special meeting.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Ordinances [36900 - 36937] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Enactment [36931 - 36937] ( Heading of Article 2 amended by Stats. 1955, Ch. 624. ) ## 36935. Resolutions or orders for the payment of money shall be adopted or made only at a regular meeting or at a special meeting for which the notice of such special meeting specifies the business to be transacted. (Amended by Stats. 1969, Ch. 775.)
  142. 36936.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Ordinances [36900 - 36937] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Enactment [36931 - 36937] ( Heading of Article 2 amended by Stats. 1955, Ch. 624. )

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    The city council must approve resolutions, orders for payment of money, and ordinances by a recorded majority vote of its full membership.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Ordinances [36900 - 36937] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Enactment [36931 - 36937] ( Heading of Article 2 amended by Stats. 1955, Ch. 624. ) ## 36936. Resolutions, orders for the payment of money, and all ordinances require a recorded majority vote of the total membership of the city council. (Amended by Stats. 2002, Ch. 454, Sec. 15. Effective January 1, 2003.)
  143. 36936.1.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Ordinances [36900 - 36937] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Enactment [36931 - 36937] ( Heading of Article 2 amended by Stats. 1955, Ch. 624. )

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    Tax rates or the amount of revenue to be raised by taxation may be set by ordinance or resolution, and if set by resolution, the resolution must be published like an ordinance and within the same time.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Ordinances [36900 - 36937] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Enactment [36931 - 36937] ( Heading of Article 2 amended by Stats. 1955, Ch. 624. ) ## 36936.1. The rates of taxes to be levied or the amount of revenue required to be raised by taxation may be fixed either by ordinance or resolution. Where the tax rate or the amount of revenue required to be raised by taxation is fixed by resolution, such resolution shall be published in the same manner and within the same time as ordinances are required to be published. (Amended by Stats. 1959, Ch. 1295.)
  144. 36937.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Ordinances [36900 - 36937] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Enactment [36931 - 36937] ( Heading of Article 2 amended by Stats. 1955, Ch. 624. )

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    Ordinances normally take effect 30 days after final passage, but some take effect immediately if they meet listed exceptions.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Ordinances [36900 - 36937] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Enactment [36931 - 36937] ( Heading of Article 2 amended by Stats. 1955, Ch. 624. ) ## 36937. Ordinances take effect 30 days after their final passage. An ordinance takes effect immediately, if it is an ordinance: (a) Relating to an election. (b) For the immediate preservation of the public peace, health or safety, containing a declaration of the facts constituting the urgency, and is passed by a four-fifths vote of the city council. (c) Relating to street improvement proceedings. (d) Relating to taxes for the usual and current expenses of the city. (e) Covered by particular provisions of law prescribing the manner of its passage and adoption. (Amended by Stats. 1957, Ch. 2347.)
  145. 37100.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 3. General Powers [37100 - 37200] ( Chapter 3 added by Stats. 1949, Ch. 79. )

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    The legislative body may pass ordinances, as long as they do not conflict with the Constitution or state or federal laws.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 3. General Powers [37100 - 37200] ( Chapter 3 added by Stats. 1949, Ch. 79. ) ## 37100. The legislative body may pass ordinances not in conflict with the Constitution and laws of the State or the United States. (Added by Stats. 1949, Ch. 79.)
  146. 37100.5.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 3. General Powers [37100 - 37200] ( Chapter 3 added by Stats. 1949, Ch. 79. )

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    A city’s legislative body may levy any tax that a charter city may levy, if voters approve it and the rule in Revenue and Taxation Code Section 7282 does not apply.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 3. General Powers [37100 - 37200] ( Chapter 3 added by Stats. 1949, Ch. 79. ) ## 37100.5. Except as provided in Section 7282 of the Revenue and Taxation Code, the legislative body of any city may levy any tax which may be levied by any charter city, subject to the voters’ approval pursuant to Article XIII A of the Constitution of California. (Amended by Stats. 1985, Ch. 529, Sec. 1.)
  147. 37101.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 3. General Powers [37100 - 37200] ( Chapter 3 added by Stats. 1949, Ch. 79. )

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    The legislative body may license and tax lawful city businesses, but must apply certain taxes fairly and cannot tax specified exempt nonprofits or include certain taxes in county gross-receipts definitions for cannabis retailers.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 3. General Powers [37100 - 37200] ( Chapter 3 added by Stats. 1949, Ch. 79. ) ## 37101. (a) The legislative body may license, for revenue and regulation, and fix the license tax upon, every kind of lawful business transacted in the city, including shows, exhibitions, and games. It may provide for collection of the license tax by suit or otherwise. If the legislative body levies a sales tax under the authority of this section, it may impose a complementary tax at the same rate upon use or other consumption of tangible personal property. If the legislative body imposes a sales or use tax, it shall do so in the same manner and use the same tax base as prescribed in Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code. (b) Any legislative body, including the legislative body of a charter city, that levies a license tax pursuant to subdivision (a) upon a business operating both within and outside the legislative body’s taxing jurisdiction, shall levy the tax so that the measure of tax fairly reflects that proportion of the taxed activity actually carried on within the taxing jurisdiction. (c) No license tax levied pursuant to subdivision (a) that is measured by the licensee’s income or gross receipts, whether levied by a charter or general law city, shall apply to any nonprofit organization that is exempted from taxes by Chapter 4 (commencing with Section 23701) of Part 11 of Division 2 of the Revenue and Taxation Code or Subchapter F (commencing with Section 501) of Chapter 1 of Subtitle A of the Internal Revenue Code of 1986, or the successor of either, or to any minister, clergyperson, Christian Science practitioner, rabbi, or priest of any religious organization that has been granted an exemption from federal income tax by the United States Commissioner of Internal Revenue as an organization described in Section 501(c)(3) of the Internal Revenue Code or a successor to that section. (d) A county shall not include in the definition of gross receipts, for purposes of any local tax or fee imposed by the county on a cannabis retailer licensed under Division 10 (commencing with Section 26000) of the Business and Professions Code, the amount of any cannabis excise tax imposed under Section 34011.2 of, or any sales and use taxes imposed under Part 1 (commencing with Section 6001) of, Part 1.5 (commencing with Section 7200) of, or Part 1.6 (commencing with Section 7251) of, Division 2 of the Revenue and Taxation Code, or Section 35 of Article XIII of the California Constitution. (Amended by Stats. 2024, Ch. 874, Sec. 3. (SB 1059) Effective January 1, 2025.)
  148. 37101.5.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 3. General Powers [37100 - 37200] ( Chapter 3 added by Stats. 1949, Ch. 79. )

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    A legislative body may not require or impose a regulatory license or a regulatory license fee for cafe musicians.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 3. General Powers [37100 - 37200] ( Chapter 3 added by Stats. 1949, Ch. 79. ) ## 37101.5. Notwithstanding Section 37101, no legislative body shall require a regulatory license or impose a regulatory license or impose a regulatory license fee with respect to cafe musicians. “Cafe musician,” for the purposes of this section, means any person playing a musical instrument in any place or establishment where food or alcoholic beverages are sold, offered for sale or given away, who is an employee, or independent contractor, of such place or establishment. “Cafe musician” does not include an owner, manager, or operator of such place or establishment. (Added by Stats. 1969, Ch. 969.)
  149. 37101.7.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 3. General Powers [37100 - 37200] ( Chapter 3 added by Stats. 1949, Ch. 79. )

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    A city legislative body may license and tax contractors working in the city, but the ordinance may not charge more to contractors without a fixed city business location than to those with one; it may still use a gross-receipts-based tax.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 3. General Powers [37100 - 37200] ( Chapter 3 added by Stats. 1949, Ch. 79. ) ## 37101.7. (a) In accordance with the provisions of subdivision (b), the legislative body may license for revenue, and fix the license tax upon, persons who transact in the city the business of a contractor licensed pursuant to Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code. (b) The ordinance which adopts the license and license tax shall not impose a greater license tax upon those persons subject to it who, as contractors, have no fixed place of business within the city, than upon those contractors who have a fixed place of business within the city; provided, however, that such ordinance may impose a license tax graduated according to gross receipts attributable to contracting work done within a city, regardless of whether or not the contractor has a fixed place of business within the city. (Added by Stats. 1965, Ch. 1043.)
  150. 37102.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 3. General Powers [37100 - 37200] ( Chapter 3 added by Stats. 1949, Ch. 79. )

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    The legislative body may use available funds to provide jobs for the city’s destitute or needy unemployed residents.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 3. General Powers [37100 - 37200] ( Chapter 3 added by Stats. 1949, Ch. 79. ) ## 37102. The legislative body may use any available funds to provide employment to the city’s destitute or needy unemployed residents. (Added by Stats. 1949, Ch. 79.)
  151. 37103.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 3. General Powers [37100 - 37200] ( Chapter 3 added by Stats. 1949, Ch. 79. )

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    The legislative body may hire specially trained and experienced people, firms, or corporations for special services and advice, and may pay compensation it considers proper.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 3. General Powers [37100 - 37200] ( Chapter 3 added by Stats. 1949, Ch. 79. ) ## 37103. The legislative body may contract with any specially trained and experienced person, firm, or corporation for special services and advice in financial, economic, accounting, engineering, legal, or administrative matters. It may pay such compensation to these experts as it deems proper. (Amended by Stats. 1949, Ch. 354.)
  152. 37104.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 3. General Powers [37100 - 37200] ( Chapter 3 added by Stats. 1949, Ch. 79. )

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    The legislative body may issue subpoenas for witnesses or documents in a pending action or proceeding before it.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 3. General Powers [37100 - 37200] ( Chapter 3 added by Stats. 1949, Ch. 79. ) ## 37104. The legislative body may issue subpenas requiring attendance of witnesses or production of books or other documents for evidence or testimony in any action or proceeding pending before it. (Added by Stats. 1949, Ch. 79.)
  153. 37105.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 3. General Powers [37100 - 37200] ( Chapter 3 added by Stats. 1949, Ch. 79. )

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    Subpenas must be signed by the mayor and attested by the city clerk.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 3. General Powers [37100 - 37200] ( Chapter 3 added by Stats. 1949, Ch. 79. ) ## 37105. Subpenas shall be signed by the mayor and attested by the city clerk. They may be served as subpenas are served in civil actions. (Added by Stats. 1949, Ch. 79.)
  154. 37106.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 3. General Powers [37100 - 37200] ( Chapter 3 added by Stats. 1949, Ch. 79. )

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    If a duly subpoenaed person ignores the subpoena or refuses to testify or answer proper questions, the mayor must report that fact to the county superior court judge.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 3. General Powers [37100 - 37200] ( Chapter 3 added by Stats. 1949, Ch. 79. ) ## 37106. If any person duly subpenaed neglects or refuses to obey a subpena, or, appearing, refuses to testify or answer any questions which a majority of the legislative body decide proper and pertinent, the mayor shall report the fact to the judge of the superior court of the county. (Added by Stats. 1949, Ch. 79.)
  155. 37107.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 3. General Powers [37100 - 37200] ( Chapter 3 added by Stats. 1949, Ch. 79. )

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    The judge must issue an attachment to the county sheriff when a witness was required to appear, and the sheriff must bring the person before the judge right away.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 3. General Powers [37100 - 37200] ( Chapter 3 added by Stats. 1949, Ch. 79. ) ## 37107. The judge shall issue an attachment directed to the sheriff of the county where the witness was required to appear, commanding the sheriff to attach the person, and forthwith bring the person before the judge. (Amended by Stats. 2018, Ch. 467, Sec. 22. (SB 1498) Effective January 1, 2019.)
  156. 37108.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 3. General Powers [37100 - 37200] ( Chapter 3 added by Stats. 1949, Ch. 79. )

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    The judge has jurisdiction when the attachment is returned and the witness is produced.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 3. General Powers [37100 - 37200] ( Chapter 3 added by Stats. 1949, Ch. 79. ) ## 37108. On return of the attachment and production of the witness, the judge has jurisdiction. (Added by Stats. 1949, Ch. 79.)
  157. 37109.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 3. General Powers [37100 - 37200] ( Chapter 3 added by Stats. 1949, Ch. 79. )

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    A witness may purge the contempt, and the related proceedings, penalties, and punishment are treated the same as in a civil trial in superior court.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 3. General Powers [37100 - 37200] ( Chapter 3 added by Stats. 1949, Ch. 79. ) ## 37109. The right of a witness to purge himself of the contempt and the proceedings, penalties, and punishment shall be the same as if the contempt had been committed in a civil trial in a superior court. (Added by Stats. 1949, Ch. 79.)
  158. 37110.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 3. General Powers [37100 - 37200] ( Chapter 3 added by Stats. 1949, Ch. 79. )

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    The legislative body may spend general-fund money for music and promotion, including sister city and town affiliation programs.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 3. General Powers [37100 - 37200] ( Chapter 3 added by Stats. 1949, Ch. 79. ) ## 37110. The legislative body may spend money from the general fund for music and promotion, including promotion of sister city and town affiliation programs. (Amended by Stats. 1993, Ch. 1195, Sec. 12.3. Effective January 1, 1994.)
  159. 37110.5.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 3. General Powers [37100 - 37200] ( Chapter 3 added by Stats. 1949, Ch. 79. )

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    The legislative body may authorize contributions to nonprofit educational radio and television stations if several listed conditions are met.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 3. General Powers [37100 - 37200] ( Chapter 3 added by Stats. 1949, Ch. 79. ) ## 37110.5. The legislative body may authorize and provide for contributions to nonprofit educational radio and television stations, provided all of the following conditions exist: (a) The purpose of the contribution is to enable the citizens of the city to enjoy greater educational and cultural advantages. (b) A substantial number of the residents of the city live within the reception area of the station. (c) The station regularly broadcasts programs which have educational or cultural significance. (d) The contribution is to the general funds of the station and not for or in connection with any particular program. (e) The contribution is not accompanied, directly or indirectly, by any direction of, sponsorship of, control of, or restriction of any program or the content of any program. (Amended by Stats. 1985, Ch. 106, Sec. 64.)
  160. 37111.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 3. General Powers [37100 - 37200] ( Chapter 3 added by Stats. 1949, Ch. 79. )

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    The legislative body may adopt an ordinance, by a four-fifths vote, to declare necessity and authorize using certain land for public buildings or a civic center.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 3. General Powers [37100 - 37200] ( Chapter 3 added by Stats. 1949, Ch. 79. ) ## 37111. When the legislative body deems it necessary that land purchased for park or other purposes be used for construction of public buildings or creation of a civic center, it may adopt an ordinance by a four-fifths vote declaring the necessity and providing for such use. (Added by Stats. 1949, Ch. 79.)
  161. 37111.1.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 3. General Powers [37100 - 37200] ( Chapter 3 added by Stats. 1949, Ch. 79. )

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    A legislative body may allow park land to be used for other municipal purposes only by ordinance, a four-fifths vote, notice, and a public hearing, and only if stated property and general-plan conditions are met.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 3. General Powers [37100 - 37200] ( Chapter 3 added by Stats. 1949, Ch. 79. ) ## 37111.1. When a legislative body deems it necessary that land purchased in fee for any municipal purpose and subsequently dedicated by use for park purposes should be used for other municipal purposes, it may adopt an ordinance by a four-fifths vote, after giving notice and conducting a public hearing, declaring the necessity and providing that such lands can be used for other municipal purposes provided that (a) an equal or greater amount of city property has also been acquired within the previous three years and has been dedicated and has been developed, or will within a reasonable period of time be developed, for similar park purposes and (b) the proposed use of the park land conforms to the city’s general plan. This section shall not be applicable to land dedicated for park purposes by a donor or acquired by eminent domain procedures for park purposes or acquired by funds obtained from bonds voted for park purposes. This procedure is an alternative procedure to any other procedures contained in the law. (Added by Stats. 1968, Ch. 565.)
  162. 37112.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 3. General Powers [37100 - 37200] ( Chapter 3 added by Stats. 1949, Ch. 79. )

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    A legislative body may do anything necessary or proper to carry out this title.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 3. General Powers [37100 - 37200] ( Chapter 3 added by Stats. 1949, Ch. 79. ) ## 37112. In addition to other powers, a legislative body may perform all acts necessary or proper to carry out the provisions of this title. (Added by renumbering Section 37113 by Stats. 1955, Ch. 624.)
  163. 37114.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 3. General Powers [37100 - 37200] ( Chapter 3 added by Stats. 1949, Ch. 79. )

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    A city legislative body may correct a deed by resolution when a property description error caused too little or too much property to be conveyed, subject to stated exceptions.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 3. General Powers [37100 - 37200] ( Chapter 3 added by Stats. 1949, Ch. 79. ) ## 37114. If real property is conveyed by a city and it is subsequently determined and mutually agreed by the legislative body of the city and the person to whom the property was conveyed that an error was made in the description of the property conveyed, so that less property is included in the description than was intended by the parties, the legislative body of the city may by resolution recite the facts of such error and approve such determination and agreement; thereafter the legislative body may execute or cause to be executed a corrective deed without conforming to the requirements of law, if any, for the sale of real property by cities and without commencing a judicial action to reform the deed. A similar procedure may be followed with respect to property conveyed to a city, where the error results in more property being conveyed than was intended. In either case the resolution of the legislative body shall be conclusive as to the facts recited therein as to good faith purchasers or encumbrancers for value. This section shall not apply to a conveyance by or to a city if the error is in the published description required by law or charter, nor shall this section require notice of such sale or purchase to be published if not otherwise required by law. (Added by Stats. 1957, Ch. 1458.)
  164. 37115.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 3. General Powers [37100 - 37200] ( Chapter 3 added by Stats. 1949, Ch. 79. )

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    The legislative body may take necessary actions to let the city participate in the Economic Opportunity Act of 1964, including authorizing required city spending.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 3. General Powers [37100 - 37200] ( Chapter 3 added by Stats. 1949, Ch. 79. ) ## 37115. The legislative body may, within the powers otherwise conferred by law upon the city, do and perform all acts necessary to enable the city to participate in the “Economic Opportunity Act of 1964” (P.L. 88-452; 78 Stat. 508), including the authorization of the expenditure by the city of whatever funds that may be required by the federal government as a condition to such participation. (Added by Stats. 1965, Ch. 829.)
  165. 37116.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 3. General Powers [37100 - 37200] ( Chapter 3 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    A city legislative body may loan funds to a school district, and the district may borrow them, for asbestos removal or replacement, if the required application and health declaration are made.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 3. General Powers [37100 - 37200] ( Chapter 3 added by Stats. 1949, Ch. 79. ) ## 37116. Upon receipt of an application from the governing body of any school district maintaining a school within a city, requesting to borrow funds from the city for the purpose of removing or replacing asbestos-derived materials used in constructing, insulating, or furnishing one or more of those schools, and declaring the existence of such asbestos-derived material to be potentially detrimental to the health of pupils, teachers, and others using the school, the legislative body of the city may loan, and the school district may borrow, the requested city funds upon such terms and conditions as are mutually agreed upon by the respective governing bodies, provided that the loan shall be repaid only from the school district’s deferred maintenance fund established pursuant to Section 39618 of the Education Code. (Added by Stats. 1983, Ch. 485, Sec. 2.)
  166. 37200.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 3. General Powers [37100 - 37200] ( Chapter 3 added by Stats. 1949, Ch. 79. )

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    If the legislative body adopts an annual budget, the budget document must include the appropriations limit and the total annual appropriations subject to limitation.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 3. General Powers [37100 - 37200] ( Chapter 3 added by Stats. 1949, Ch. 79. ) ## 37200. If the legislative body adopts an annual budget, the budget document shall include the appropriations limit and the total annual appropriations subject to limitation as determined pursuant to Division 9 (commencing with Section 7900) of Title 1. (Added by Stats. 1987, Ch. 1025, Sec. 6.)
  167. 37201.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Financial Powers [37201 - 37210] ( Chapter 4 added by Stats. 1949, Ch. 79. )

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    Claims against a city for money or damages are governed by specified parts of Title 1, unless those parts provide otherwise, and by other statutes or regulations that expressly apply.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Financial Powers [37201 - 37210] ( Chapter 4 added by Stats. 1949, Ch. 79. ) ## 37201. Demands against the city for money or damages are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1, except as provided therein, or by other statutes or regulations expressly applicable thereto. (Amended by Stats. 1982, Ch. 454, Sec. 77.)
  168. 37202.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Financial Powers [37201 - 37210] ( Chapter 4 added by Stats. 1949, Ch. 79. )

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    The legislative body may approve or reject demands only after they have been audited, except as provided in Section 37208.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Financial Powers [37201 - 37210] ( Chapter 4 added by Stats. 1949, Ch. 79. ) ## 37202. Except as provided in Section 37208, the legislative body shall approve or reject demands only after such demands have been audited in the manner prescribed by ordinance or resolution. Such audited demands may be submitted separately or a register of audited demands may be submitted to the legislative body for approval or rejection and shall have attached thereto the affidavit of the officer submitting the demands certifying as to the accuracy of the demands and the availability of funds for payment thereof. (Amended by Stats. 1970, Ch. 261.)
  169. 37203.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Financial Powers [37201 - 37210] ( Chapter 4 added by Stats. 1949, Ch. 79. )

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    The mayor must draw warrants on the city treasurer after a demand is allowed or audited demands are approved, and the city clerk must countersign the warrant.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Financial Powers [37201 - 37210] ( Chapter 4 added by Stats. 1949, Ch. 79. ) ## 37203. Upon allowing a demand or approving a register of audited demands, the mayor shall draw a warrant or warrants upon the city treasurer specifying the purpose for which drawn and the fund from which payment is to be made. The city clerk shall countersign the warrant. The legislative body, by ordinance or resolution, may prescribe an alternative method of drawing warrants and checks. (Amended by Stats. 1980, Ch. 770.)
  170. 37204.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Financial Powers [37201 - 37210] ( Chapter 4 added by Stats. 1949, Ch. 79. )

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    If a city order or demand is not approved for lack of funds, and the amount is within the year’s income and revenue, the city clerk must endorse it with a specific statement, the presentation date, and the clerk’s signature.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Financial Powers [37201 - 37210] ( Chapter 4 added by Stats. 1949, Ch. 79. ) ## 37204. When an order or demand is not approved for want of funds and its amount does not exceed the income and revenue for the year in which the indebtedness was incurred, the city clerk shall endorse on it: “Not approved for want of funds,” with the date of presentation and his signature. (Added by Stats. 1949, Ch. 79.)
  171. 37205.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Financial Powers [37201 - 37210] ( Chapter 4 added by Stats. 1949, Ch. 79. )

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    The clerk must number the endorsement, record the order or demand, and deliver it to the claimant or the claimant’s order.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Financial Powers [37201 - 37210] ( Chapter 4 added by Stats. 1949, Ch. 79. ) ## 37205. The clerk shall number the endorsement, register the order or demand in his records, and deliver it to the claimant, or his order. From delivery the order or demand bears interest at 6 percent a year. Orders or demands shall be paid in the order they are registered. (Added by Stats. 1949, Ch. 79.)
  172. 37206.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Financial Powers [37201 - 37210] ( Chapter 4 added by Stats. 1949, Ch. 79. )

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    The legislative body must set by ordinance or resolution when and how officers and employees are paid.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Financial Powers [37201 - 37210] ( Chapter 4 added by Stats. 1949, Ch. 79. ) ## 37206. By ordinance or resolution, the legislative body shall prescribe the time and method of paying salaries and wages of officers and employees. (Added by Stats. 1949, Ch. 79.)
  173. 37207.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Financial Powers [37201 - 37210] ( Chapter 4 added by Stats. 1949, Ch. 79. )

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    Department heads must certify or approve pay rolls or attendance records for employees in their departments, and the city clerk must do so for other officers and employees.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Financial Powers [37201 - 37210] ( Chapter 4 added by Stats. 1949, Ch. 79. ) ## 37207. Department heads shall certify or approve departmental pay rolls or attendance records for employees in their departments. The city clerk shall certify or approve pay rolls or attendance records of other officers and employees. (Added by Stats. 1949, Ch. 79.)
  174. 37208.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Financial Powers [37201 - 37210] ( Chapter 4 added by Stats. 1949, Ch. 79. )

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    Some payroll warrants, checks, and certain warrants or checks for approved demands do not have to be audited by the legislative body before payment.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Financial Powers [37201 - 37210] ( Chapter 4 added by Stats. 1949, Ch. 79. ) ## 37208. (a) Payroll warrants or checks need not be audited by the legislative body prior to payment. Payrolls shall be presented to the legislative body for ratification and approval at the first meeting after delivery of the payroll warrants or checks. (b) Warrants or checks drawn in payment of demands certified or approved by the city clerk as conforming to a budget approved by ordinance or resolution of the legislative body need not be audited by the legislative body prior to payment. (c) Notwithstanding subdivisions (a) and (b), budgeted payrolls and demands paid by warrants or checks may be presented to the legislative body for ratification and approval in the form of an audited comprehensive annual financial report. (Amended by Stats. 1986, Ch. 982, Sec. 14.)
  175. 37209.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Financial Powers [37201 - 37210] ( Chapter 4 added by Stats. 1949, Ch. 79. )

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    A city clerk’s duties under this article may be transferred to a director of finance if that office has been created and its powers and duties are set by ordinance.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Financial Powers [37201 - 37210] ( Chapter 4 added by Stats. 1949, Ch. 79. ) ## 37209. The duties imposed upon the city clerk by this article may be transferred to a director of finance when such office has been established and the powers and duties thereof defined by ordinance. Such an ordinance shall require the execution by the director of finance of the bond required of the city clerk by Section 36518 of this code. (Added by Stats. 1955, Ch. 1754.)
  176. 37210.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Financial Powers [37201 - 37210] ( Chapter 4 added by Stats. 1949, Ch. 79. )

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    Certain newly incorporated cities may issue temporary non-negotiable notes, but only within the stated interest-rate, repayment, timing, and revenue limits.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Financial Powers [37201 - 37210] ( Chapter 4 added by Stats. 1949, Ch. 79. ) ## 37210. Newly incorporated cities that have not received revenues from property taxes may issue temporary non-negotiable notes bearing interest at a rate not exceeding 6 percent per annum to pay lawfully incurred current expenses and the salaries and wages of officers and employees. Said notes must be repaid on or before the last day of the fiscal year in which the money is borrowed and the maturity date of said notes shall not be later than said last day. The aggregate amount of said notes shall not exceed 85 percent of the anticipated revenues for the fiscal year in which the money is borrowed. Said notes shall be repaid only from revenues received during or allocable to the fiscal year in which the money is borrowed. (Added by Stats. 1957, Ch. 1740.)
  177. 37350.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 5. City Property [37350 - 37685] ( Chapter 5 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [37350 - 37364] ( Article 1 added by Stats. 1949, Ch. 79. )

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    A city may buy, lease, receive, hold, enjoy, control, and dispose of real and personal property for the common benefit.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 5. City Property [37350 - 37685] ( Chapter 5 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [37350 - 37364] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 37350. A city may purchase, lease, receive, hold, and enjoy real and personal property, and control and dispose of it for the common benefit. (Added by Stats. 1949, Ch. 79.)
  178. 37350.5.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 5. City Property [37350 - 37685] ( Chapter 5 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [37350 - 37364] ( Article 1 added by Stats. 1949, Ch. 79. )

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    A city may use eminent domain to acquire property needed to carry out its powers or functions.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 5. City Property [37350 - 37685] ( Chapter 5 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [37350 - 37364] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 37350.5. A city may acquire by eminent domain any property necessary to carry out any of its powers or functions. (Added by Stats. 1975, Ch. 1240.)
  179. 37351.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 5. City Property [37350 - 37685] ( Chapter 5 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [37350 - 37364] ( Article 1 added by Stats. 1949, Ch. 79. )

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    The legislative body may acquire and manage city property for municipal purposes, but it generally may not sell or convey any waterfront portion except to the State for a public beach or park, unless a four-fifths vote finds it unsuitable for that use.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 5. City Property [37350 - 37685] ( Chapter 5 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [37350 - 37364] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 37351. The legislative body may purchase, lease, exchange, or receive such personal property and real estate situated inside or outside the city limits as is necessary or proper for municipal purposes. It may control, dispose of, and convey such property for the benefit of the city. The legislative body shall not sell or convey any portion of a water front, except to the State for use as a public beach or park, unless by a four-fifths vote of its members the legislative body finds and determines that the water front to be sold or conveyed is not suitable for use as a public beach or park. (Amended by Stats. 1957, Ch. 1772.)
  180. 37351.5.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 5. City Property [37350 - 37685] ( Chapter 5 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [37350 - 37364] ( Article 1 added by Stats. 1949, Ch. 79. )

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    A city’s legislative body may choose by resolution to guarantee certain lease-financing payments, but the city must notify the Controller and trustee if it participates or if funds are short.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 5. City Property [37350 - 37685] ( Chapter 5 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [37350 - 37364] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 37351.5. (a) Prior to the entering into agreement to finance the lease or lease-purchase of property through the issuance of certificates of participation of lease revenue bonds, the legislative body of a city may elect, by resolution, to guarantee payment under that financing agreement in accordance with the following: (1) A city that elects to participate under this section shall provide notice to the Controller of that election, which notice shall include a schedule for the payments to be made by the city under that financing agreement, and identify a trustee appointed by the city for the purposes of this section. (2) In the event that, for any reason, the funds otherwise available to the city will not be sufficient to make any payment under the financing agreement at the time that payment is required, the city shall so notify the bond trustee. The trustee shall immediately communicate that information to the affected holders of certificates of participation or bondholders, and to the Controller. (3) When the Controller receives notice from the trustee as described in paragraph (2), or the city fails to make any payment under the financing agreement at the time that payment is required, the Controller shall make an apportionment to the trustee in the amount of that required payment for the purpose of making that payment. The Controller shall make that payment only from moneys credited to the Motor Vehicle License Fee Account in the Transportation Tax Fund to which that city is entitled at that time under Chapter 5 (commencing with Section 11001) of Part 5 of Division 2 of the Revenue and Taxation Code, and shall thereupon reduce, by the amount of the payment, the subsequent allocation or allocations to which the city would otherwise be entitled under that chapter. (b) This section shall not be construed to obligate the State of California to make any payment to a city from the Motor Vehicle License Fee Account in the Transportation Tax Fund in any amount or pursuant to any particular allocation formula, or to make any other payment to a city, including, but not limited to, any payment in satisfaction of any debt or liability incurred or guaranteed by a city in accordance with this section. (Added by Stats. 1990, Ch. 1177, Sec. 3. Effective September 24, 1990.)
  181. 37352.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 5. City Property [37350 - 37685] ( Chapter 5 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [37350 - 37364] ( Article 1 added by Stats. 1949, Ch. 79. )

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    The legislative body may erect and maintain buildings for municipal purposes.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 5. City Property [37350 - 37685] ( Chapter 5 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [37350 - 37364] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 37352. The legislative body may erect and maintain buildings for municipal purposes. (Added by Stats. 1949, Ch. 79.)
  182. 37352.1.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 5. City Property [37350 - 37685] ( Chapter 5 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [37350 - 37364] ( Article 1 added by Stats. 1949, Ch. 79. )

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    For certain building projects in large transit-served metropolitan areas, the legislative body must consider existing public transit corridors; projects outside those corridors may be approved only after specified findings, and the board may ask the transit operator for help and must notify it of the decision.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 5. City Property [37350 - 37685] ( Chapter 5 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [37350 - 37364] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 37352.1. After January 1, 1980, with respect to the construction, purchase, or lease of buildings which are located or will be located in a standard metropolitan statistical area (SMSA) with a population of 250,000 or more according to the most recent decennial census, which is served by a public transit operator, as defined in Section 99210 of the Health and Safety Code, the legislative body shall give consideration to the location in existing public transit corridors, as defined in Section 50093.5 of the Health and Safety Code, for the area. Construction, purchase, or lease of buildings at locations outside of existing public transit corridors may be approved after the legislative body has determined: (1) the purpose of the facility does not require transit access; or (2) it is not feasible to locate the facility in an existing transit corridor; or (3) the transit operator will provide service as needed to effectively serve the facility. The board may request the assistance of the transit operator in making its determination and shall notify the operator of its decision. (Added by Stats. 1979, Ch. 718.)
  183. 37352.2.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 5. City Property [37350 - 37685] ( Chapter 5 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [37350 - 37364] ( Article 1 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    The legislative body meets Section 37352.1 if its procedures and criteria are approved by the transportation planning agency, or if it is the governing body of the transit operator. Before approval, any transit operator in the county has 45 days to review and comment.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 5. City Property [37350 - 37685] ( Chapter 5 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [37350 - 37364] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 37352.2. The requirements of Section 37352.1 shall be met if the legislative body has obtained from the transportation planning agency approval of its procedures and criteria for giving adequate consideration to the location of existing public transit corridors when acquiring public buildings or if the legislative body is the governing body of the transit operator. Before the transportation planning agency approves such procedures and criteria, any transit operator in the county shall have 45 days to review and comment. (Added by Stats. 1979, Ch. 718.)
  184. 37353.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 5. City Property [37350 - 37685] ( Chapter 5 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [37350 - 37364] ( Article 1 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    The legislative body may acquire property for parking, street and tunnel projects, and golf courses, but it may not acquire an existing golf course through eminent domain.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 5. City Property [37350 - 37685] ( Chapter 5 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [37350 - 37364] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 37353. The legislative body may acquire property needed for: (a) Parking motor vehicles. (b) Opening and laying out any street, alley, lane, or tunnel from the point where it ceases to the point where it again commences. It may lay out and improve such a street, alley, lane, or tunnel and pay the expense incurred out of the general fund. (c) Golf courses; provided, however, that no existing golf course may be acquired by means of proceedings pursuant to eminent domain. (Amended by Stats. 1963, Ch. 2067.)
  185. 37354.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 5. City Property [37350 - 37685] ( Chapter 5 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [37350 - 37364] ( Article 1 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    The legislative body may accept or reject gifts, bequests, or devises made to or for the city or its officers, and may hold or dispose of that property and related income for the purposes set out in the gift terms.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 5. City Property [37350 - 37685] ( Chapter 5 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [37350 - 37364] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 37354. The legislative body may accept or reject any gift, bequest, or devise made to or for the city, or to or for any of its officers in their official capacity or in trust for any public purpose. It may hold and dispose of the property and the income and increase from the property for such uses as are prescribed in the terms of the gift, bequest, or devise. (Added by Stats. 1949, Ch. 79.)
  186. 37355.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 5. City Property [37350 - 37685] ( Chapter 5 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [37350 - 37364] ( Article 1 added by Stats. 1949, Ch. 79. )

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    If a gift, bequest, or devise does not restrict how the property or its income may be used, the legislative body may prescribe the uses.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 5. City Property [37350 - 37685] ( Chapter 5 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [37350 - 37364] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 37355. If the terms of a gift, bequest, or devise do not prescribe or limit the uses to which the property received or the income or increase from it may be put, it may be put to such uses as the legislative body prescribes. (Added by Stats. 1949, Ch. 79.)
  187. 37356.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 5. City Property [37350 - 37685] ( Chapter 5 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [37350 - 37364] ( Article 1 added by Stats. 1949, Ch. 79. )

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    The legislative body may grant revocable permits for certain passageways or structures over or under a public alley, and the city may regulate how they are used.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 5. City Property [37350 - 37685] ( Chapter 5 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [37350 - 37364] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 37356. When the legislative body determines that the public interest or convenience requires the construction and maintenance of passageways or other structures under or over any public alley in the city, to connect buildings located on abutting property and facilitate the public use of the streets, it may grant revocable permits for their construction and maintenance. They shall be constructed and maintained so as not to interfere with public traffic on the alley. The city may regulate the use of such passageways or structures. (Added by Stats. 1949, Ch. 79.)
  188. 37357.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 5. City Property [37350 - 37685] ( Chapter 5 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [37350 - 37364] ( Article 1 added by Stats. 1949, Ch. 79. )

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    The legislative body may, by majority vote, grant certain property owners the right to build, maintain, and operate spur tracks to a railroad, and it may revoke that grant.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 5. City Property [37350 - 37685] ( Chapter 5 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [37350 - 37364] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 37357. By majority vote the legislative body may grant property owners or proprietors of manufacturing or industrial enterprises the right to construct, maintain, and operate spur tracks from their premises to a connection with any railroad. The legislative body may revoke the grant. (Added by Stats. 1949, Ch. 79.)
  189. 37358.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 5. City Property [37350 - 37685] ( Chapter 5 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [37350 - 37364] ( Article 1 added by Stats. 1949, Ch. 79. )

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    A city may grant tide and submerged lands to the United States for public or governmental uses, but only after approval by a majority of city electors voting on the proposition.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 5. City Property [37350 - 37685] ( Chapter 5 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [37350 - 37364] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 37358. When the State has granted a city tide and submerged lands within its boundaries, it may grant any portion of such lands to the United States for public or governmental uses, including military or naval purposes. Such a grant may be made only if it has been approved by a vote of a majority of the city electors voting upon the proposition. (Added by Stats. 1949, Ch. 79.)
  190. 37359.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 5. City Property [37350 - 37685] ( Chapter 5 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [37350 - 37364] ( Article 1 added by Stats. 1949, Ch. 79. )

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    The city’s legislative body may withdraw public access to city-controlled property or limit how it may be used. People who use the property without permission or contrary to the prescribed manner are trespassers, but private rights in the property are not restricted by this section.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 5. City Property [37350 - 37685] ( Chapter 5 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [37350 - 37364] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 37359. Unless otherwise provided by law, the legislative body having control of any property owned or controlled by the city may at any time withdraw the property from the personal access and use of members of the public, or limit the access or use in area or time or in any other reasonable manner deemed necessary. Any person thereafter using the property without permission or in a manner other than that prescribed is a trespasser. This section does not limit or restrict any person from access or use who has a private right in the property. (Added by Stats. 1949, Ch. 79.)
  191. 37360.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 5. City Property [37350 - 37685] ( Chapter 5 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [37350 - 37364] ( Article 1 added by Stats. 1949, Ch. 79. )

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    A city legislative body may compromise about certain city lands when the United States seeks them in eminent domain, but the section does not give up reserved oil, gas, mineral, or access rights.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 5. City Property [37350 - 37685] ( Chapter 5 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [37350 - 37364] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 37360. The legislative body of any city having jurisdiction over any tide, submerged, or reclaimed lands of the city, which lands or any interest therein are sought by the United States in eminent domain proceedings, is authorized to enter into any compromise with respect to such lands which seems just and expedient to it. Nothing in this section shall be construed to relinquish any reservation to deposits of oil and gas and other hydrocarbon and mineral deposits and rights of way giving access to such deposits as prescribed in Section 6402 of the Public Resources Code that has been made by the State in granting such lands to the city. (Added by Stats. 1953, Ch. 170.)
  192. 37361.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 5. City Property [37350 - 37685] ( Chapter 5 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [37350 - 37364] ( Article 1 added by Stats. 1949, Ch. 79. )

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    The legislative body may acquire property for historic preservation or recreation, and may impose special conditions or regulations to protect places and objects with special historical or aesthetic value.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 5. City Property [37350 - 37685] ( Chapter 5 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [37350 - 37364] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 37361. (a) The legislative body may acquire property for the preservation or development of a historical landmark. The legislative body may also acquire property for development for recreational purposes and for development of facilities in connection therewith. (b) The legislative body may provide for places, buildings, structures, works of art, and other objects, having a special character or special historical or aesthetic interest or value, special conditions or regulations for their protection, enhancement, perpetuation or use, which may include appropriate and reasonable control of the use or appearance of neighboring private property within public view, or both. (c) Until January 1, 1995, subdivision (b) shall not apply to noncommercial property owned by a religiously affiliated association or corporation not organized for private profit, whether incorporated as a religious or public benefit corporation, unless the owner of the property does not object to its application. This subdivision does apply to a charter city. Nothing in this subdivision shall be construed to infringe on the authority of the legislative body to enforce special conditions and regulations on any property designated prior to January 1, 1994. Subdivision (b) shall not apply to noncommercial property owned by any association or corporation that is religiously affiliated and not organized for private profit, whether the corporation is organized as a religious corporation, or as a public benefit corporation, provided that both of the following occur: (1) The association or corporation objects to the application of the subdivision to its property. (2) The association or corporation determines in a public forum that it will suffer substantial hardship, which is likely to deprive the association or corporation of economic return on its property, the reasonable use of its property, or the appropriate use of its property in the furtherance of its religious mission, if the application is approved. (d) Nothing in this subdivision shall be construed to infringe on the authority of any legislative body to enforce special conditions and regulations on any property designated prior to January 1, 1994, or to authorize any legislative body to override the determination made pursuant to paragraph (2) of subdivision (c). This subdivision shall apply to a charter city. (Amended by Stats. 1999, Ch. 550, Sec. 10. Effective September 28, 1999. Operative January 1, 2000, by Sec. 33 of Ch. 550.)
  193. 37361.1.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 5. City Property [37350 - 37685] ( Chapter 5 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [37350 - 37364] ( Article 1 added by Stats. 1949, Ch. 79. )

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    The legislative body may convey certain surplus city property of historical interest to a qualifying nonprofit association or society, if it finds the terms are in the public interest.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 5. City Property [37350 - 37685] ( Chapter 5 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [37350 - 37364] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 37361.1. Notwithstanding anything in this chapter to the contrary, the legislative body may convey, upon such terms and conditions as it determines to be in the public interest, any surplus real property, together with any building thereon, owned by the city which has been determined by the legislative body to be of general historical interest, to an association or society the purpose of which is to research and promote the city’s historical heritage or to preserve property of historical interest in the city and which is a nonprofit corporation formed under the laws of this state. Any such conveyance shall contain a condition to the effect that the historical nature of the property be restored, preserved, or both, for the benefit of the citizens of the city, and that title will revert to the city in the event that the association or society conveys the property in question to any person or entity which is not a nonprofit corporation involved with preserving and researching the history of the city. (Added by Stats. 1980, Ch. 69.)
  194. 37362.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 5. City Property [37350 - 37685] ( Chapter 5 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [37350 - 37364] ( Article 1 added by Stats. 1949, Ch. 79. )

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    Chartered cities may sell certain residential property for less than market value if the buyer rehabs the home and lives in it for a specified time.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 5. City Property [37350 - 37685] ( Chapter 5 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [37350 - 37364] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 37362. The Legislature hereby finds that many persons and families of low or moderate income, as defined by Section 50093 of the Health and Safety Code, cannot afford to purchase housing in the conventional housing market. The Legislature also recognizes that cities occasionally acquire residential property requiring substantial rehabilitation prior to being deemed habitable. Since maintenance of existing housing stock and the extension of opportunities for homeownership are desirable objectives, the Legislature declares that the public interest would be well served if cities were empowered to sell such residential property at less than market value to such persons and families of low or moderate income, on condition that the purchaser rehabilitate the home and reside therein for a specified length of time. The provisions of this section shall apply to a chartered city. (Amended by Stats. 1979, Ch. 1191.)
  195. 37363.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 5. City Property [37350 - 37685] ( Chapter 5 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [37350 - 37364] ( Article 1 added by Stats. 1949, Ch. 79. )

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    A city legislative body may adopt an ordinance to sell city-acquired residential property below market price when the public interest and convenience require it.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 5. City Property [37350 - 37685] ( Chapter 5 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [37350 - 37364] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 37363. When the legislative body of a city finds the public interest and convenience require the sale for less than the market price of residential property acquired by the city, it may pass an ordinance providing for such sale. The ordinance shall set forth the procedure to be followed in completing such sales, including the qualifications required of a purchaser of such property, and shall contain provisions requiring that the purchaser of the property live in the property for a specified length of time and must rehabilitate such property to the extent specified in the ordinance; provided, however, that title to the property shall not be transferred until all the requirements set forth in the ordinance have been satisfied. Upon transfer of title by the city pursuant to any ordinance adopted under the provisions of this section, compliance with the requirements of the ordinance shall be conclusively presumed in favor of a bona fide purchaser or encumbrancer for value. Persons eligible to purchase such residential property shall be persons and families of low or moderate income, as defined by Section 50093 of the Health and Safety Code. To the greatest extent possible, cities shall utilize such ordinances to assist very low income households, as defined by Section 50105 of the Health and Safety Code, and lower income households, as defined by Section 50079.5 of the Health and Safety Code. The provisions of this section shall apply to a chartered city. (Amended by Stats. 1979, Ch. 1191.)
  196. 37364.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 5. City Property [37350 - 37685] ( Chapter 5 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [37350 - 37364] ( Article 1 added by Stats. 1949, Ch. 79. )

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    Cities may dispose of land for affordable housing if the city’s legislative body makes the required findings, and the section imposes minimum housing-use, affordability, and recording requirements.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 5. City Property [37350 - 37685] ( Chapter 5 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [37350 - 37364] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 37364. (a) The Legislature reaffirms its finding that the provision of housing for all Californians is a concern of vital statewide importance. The Legislature recognizes that real property of cities can be utilized, in accordance with a city’s best interests, to provide housing affordable to persons and families of low or moderate income. Therefore, notwithstanding any provision of a city’s charter, or any other provision of law, whenever the legislative body of a city determines that any real property or interest therein owned or to be purchased by the city can be used to provide housing affordable to persons and families of low or moderate income, as defined by Section 50093 of the Health and Safety Code or as defined by the United States Department of Housing and Urban Development or its successors, and that this use is in the city’s best interests, the city may sell, lease, exchange, quitclaim, convey, or otherwise dispose of the real property or interest therein at less than fair market value, or purchase an interest in the real property, to provide that affordable housing under whatever terms and conditions the city deems best suited to the provision of such housing. (b) Not less than 80 percent of the area of any parcel of property disposed of pursuant to this section shall be used for development of housing. (c) Not less than 40 percent of the total number of those housing units developed on any parcel pursuant to this section shall be affordable to households whose incomes are equal to, or less than, 75 percent of the maximum income of lower income households, and at least half of which shall be affordable to very low income households. (d) Dwelling units produced for persons and families of low or moderate income under this section shall be restricted by regulatory agreement to remain continually affordable to those persons and families for the longest feasible time, but not less than 30 years, pursuant to a method prescribed by the city. The regulatory agreement shall contain a provision making the covenants and conditions of the agreement binding upon successors in interest of the housing sponsor. The regulatory agreement shall be recorded in the office of the county recorder of the county in which the housing development is located. The regulatory agreement shall be recorded in the grantor-grantee index to the name of the property owner as grantor and to the name of the city as grantee. (e) The provisions of this section shall apply to all cities, including charter cities. (f) The definitions of “persons and families of low and moderate income,” “lower income households,” and “very low income households” set forth in Sections 50079, 50093, and 50105 of the Health and Safety Code shall apply to this section. (Amended by Stats. 1988, Ch. 1604, Sec. 2.)
  197. 37380.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 5. City Property [37350 - 37685] ( Chapter 5 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Leases [37380 - 37396] ( Article 2 added by Stats. 1949, Ch. 79. )

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    A city may lease city-owned property for up to 55 years, or up to 99 years if specified conditions are met.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 5. City Property [37350 - 37685] ( Chapter 5 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Leases [37380 - 37396] ( Article 2 added by Stats. 1949, Ch. 79. ) ## 37380. (a) A city may lease property owned or held or controlled by it, or any of its departments, for not to exceed 55 years. (b) Notwithstanding the 55-year limitation in subdivision (a), a city may lease property owned or held or controlled by it, or any of its departments or boards for a period exceeding 55 years but not exceeding 99 years, if all of the following conditions are met: (1) The lease shall be subject to periodic review by the city and shall take into consideration the then current market conditions. The local legislative body may, prior to final execution of the lease, establish the lease provisions which will periodically be reviewed, and determine when those provisions are to be reviewed. (2) Any lease entered into pursuant to this section shall be authorized by an ordinance adopted by the legislative body. The ordinance shall be subject to referendum in the manner prescribed by law for ordinances of cities. (3) Prior to adopting an ordinance authorizing a lease, the governing body shall hold a public hearing. Notice of the time and place of the hearing shall be published pursuant to Section 6066 in one or more newspapers of general circulation within the city, and shall be mailed to any person requesting special notice, to any present tenant of the public property, and to all owners of land adjoining the property. (4) Any lease shall be awarded to the bidder which, in the determination of the legislative body, offers the greatest economic return to the city, after competitive bidding conducted in the manner determined by the legislative body. Notice inviting bids shall be published pursuant to Section 6066 in one or more newspapers of general circulation within the city. The provisions of paragraphs (2), (3), and (4) do not apply to any charter city, which may utilize a procedure as specified by charter or adopted by ordinance in accordance with its charter. (Amended by Stats. 1983, Ch. 720, Sec. 2.)
  198. 37382.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 5. City Property [37350 - 37685] ( Chapter 5 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Leases [37380 - 37396] ( Article 2 added by Stats. 1949, Ch. 79. )

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    A city may lease certain city land for agricultural or horticultural use, but the lease term cannot be longer than 25 years.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 5. City Property [37350 - 37685] ( Chapter 5 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Leases [37380 - 37396] ( Article 2 added by Stats. 1949, Ch. 79. ) ## 37382. A city may lease city land used for agricultural or horticultural purposes upon which sewage or waste water is discharged for not to exceed twenty-five years. (Added by Stats. 1949, Ch. 79.)
  199. 37383.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 5. City Property [37350 - 37685] ( Chapter 5 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Leases [37380 - 37396] ( Article 2 added by Stats. 1949, Ch. 79. )

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    A city may lease city property not acquired for park purposes for up to 35 years to produce minerals, oil, gas, or other hydrocarbon substances.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 5. City Property [37350 - 37685] ( Chapter 5 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Leases [37380 - 37396] ( Article 2 added by Stats. 1949, Ch. 79. ) ## 37383. A city may lease city property not acquired for park purposes for not to exceed thirty-five years for the production of minerals, oil, gas, or other hydrocarbon substances. (Added by Stats. 1949, Ch. 79.)
  200. 37384.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 5. City Property [37350 - 37685] ( Chapter 5 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Leases [37380 - 37396] ( Article 2 added by Stats. 1949, Ch. 79. )

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    A city may lease tide or submerged lands, unless a state grant says otherwise, and the lease term cannot exceed 50 years.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) ## PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) ## CHAPTER 5. City Property [37350 - 37685] ( Chapter 5 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Leases [37380 - 37396] ( Article 2 added by Stats. 1949, Ch. 79. ) ## 37384. Except when the state grant specifically provides otherwise, a city may lease tide or submerged lands for not to exceed fifty years. (Added by Stats. 1949, Ch. 79.)

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