reglab/statecodes huggingface dataset:
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 6 - Provisions Relating to Trial Courts › ARTICLE 8 - Retirement of Marshals and Constables › Section 71302.

71302. In addition to the compensation and allowances, there shall be allowed to the marshal and constable the right to a pension or retirement annuity in the same manner and amount and under the same terms and conditions as provided by law for county and township peace officers.
(Added by Stats. 1953, Ch. 206.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 6 - Provisions Relating to Trial Courts › ARTICLE 8 - Retirement of Marshals and Constables › Section 71303.

71303. Where a county and township peace officers’ retirement or pension system is established, the marshal and constable shall be included in the system and, for the purpose of carrying out this article and enabling them to benefit thereby, they shall be deemed to be county employees for this purpose and the pension provided and payable to the marshal and constable is a legal charge against the county, subject to the provisions of such county and township peace officers’ retirement or pension system.
(Added by Stats. 1953, Ch. 206.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 6 - Provisions Relating to Trial Courts › ARTICLE 8 - Retirement of Marshals and Constables › Section 71304.

71304. In computing the length of service of any person entitled to the benefits of a pension or retirement annuity pursuant to this article, there shall be counted the time such person has served in a similar capacity with regard to his duties as an officer of any superseded court in the county, or that he may have served as a peace officer, as defined in the county and township peace officers’ pension or retirement act in the county. The service shall be continuous service as provided in such county or township peace officers’ pension or retirement act.
(Added by Stats. 1953, Ch. 206.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 6 - Provisions Relating to Trial Courts › ARTICLE 8 - Retirement of Marshals and Constables › Section 71305.

71305. The retirement annuity or pension provided by this article shall be granted to the marshal and constable only if in the county where the superior court is located there is provided a retirement annuity or pension for county and township peace officers who perform duties of the same character as those performed by the marshal and constable.
(Amended by Stats. 2002, Ch. 784, Sec. 354. Effective January 1, 2003.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 6 - Provisions Relating to Trial Courts › ARTICLE 10 - Uniform Accounting System for Courts › Section 71380.

71380. The Controller shall establish, supervise, and maintain trial court revenue distribution guidelines, including a program to audit the accuracy of distributions as provided by law, to ensure that all fines, penalties, forfeitures, and fees assessed by courts, and their collection and appropriate disbursement, shall be properly accounted for and distributed. The trial court revenue distribution guidelines shall apply to superior courts, counties, including counties’ probation departments, central collection bureaus, and any other agencies or entities having a role in this process.
(Amended by Stats. 2016, Ch. 703, Sec. 17. (AB 2881) Effective January 1, 2017.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 6 - Provisions Relating to Trial Courts › ARTICLE 10 - Uniform Accounting System for Courts › Section 71381.

71381. Such system may provide for bank accounts for each municipal court, in which money received by such court may be deposited and disbursed as provided therein, and for such records, reports, and procedures as the Controller may deem necessary to carry out the purposes of this article.
(Amended by Stats. 1998, Ch. 931, Sec. 309. Effective September 28, 1998.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 6 - Provisions Relating to Trial Courts › ARTICLE 10 - Uniform Accounting System for Courts › Section 71382.

71382. Every judge of a superior court, or the clerk of any such court, who willfully fails to keep accounts pursuant to the system or to account for the money paid into and disbursed by the court pursuant to the system established by the Controller pursuant to this article is guilty of a misdemeanor.
(Amended by Stats. 2002, Ch. 784, Sec. 356. Effective January 1, 2003.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 6 - Provisions Relating to Trial Courts › ARTICLE 10 - Uniform Accounting System for Courts › Section 71384.

71384. The system established pursuant to this article may provide for the deposit of all money collected by superior courts in the county treasury, for disbursement from it, and for the audit of such accounts by the county auditor.
(Amended by Stats. 2002, Ch. 784, Sec. 357. Effective January 1, 2003.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 6 - Provisions Relating to Trial Courts › ARTICLE 10 - Uniform Accounting System for Courts › Section 71385.

71385. This article shall supersede any conflicting provisions of law existing on September 22, 1951.
(Added by Stats. 1953, Ch. 206.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 6 - Provisions Relating to Trial Courts › ARTICLE 10 - Uniform Accounting System for Courts › Section 71386.

71386. (a) Each superior court shall adopt a written policy, consistent with rules adopted by, or trial court financial policies and procedures authorized by, the Judicial Council under subdivision (a) of Section 77206, governing the acceptance of checks and money orders in payment of any fees, fines, or bail deposits. The policy shall permit clerks to accept checks and money orders under conditions that tend to assure their validity.
(b) A court shall accept a personal check, bank cashier’s check, or money order for payment of any fee or fine, or for a deposit of bail for any offense that is not declared to be a felony, provided the check or money order meets the criteria established in subdivision (a). However, no court shall be required to accept a check in excess of three hundred dollars ($300) from a defendant in custody as a deposit of bail for any alleged violation of the Penal Code.
(c) The acceptance of a check pursuant to this section constitutes payment of the obligation owed to the payee public agency to the extent of the amount of the check as of the date of acceptance.
(d) If any check offered in payment pursuant to this section is returned to the payee without payment, a reasonable charge for the returned check not to exceed the actual costs incurred may be imposed to recover the processing and collection costs. This charge may be added to, and become part of, any underlying obligation other than an obligation that constitutes a lien on real property, or a different method of payment for that payment and future payments by that person may be prescribed. If the costs are incurred by the county, the charges imposed for a returned check shall be retained by the treasurer of the county and be deposited in the county general fund. If the costs are incurred by the court, the charges imposed for a returned check shall be distributed to the court under Section 68085.1.
(Amended by Stats. 2005, Ch. 75, Sec. 123. Effective July 19, 2005. Operative January 1, 2006, by Sec. 156 of Ch. 75.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 7 - Trial Court Employment Protection and Governance Act › ARTICLE 1 - General Provisions › Section 71600.

71600. This chapter may be cited as the Trial Court Employment Protection and Governance Act.
(Added by Stats. 2000, Ch. 1010, Sec. 14. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 7 - Trial Court Employment Protection and Governance Act › ARTICLE 1 - General Provisions › Section 71612.

71612. Except as otherwise expressly provided in this chapter, the enactment of this act shall not be a cause for the modification or elimination of any existing wages, hours, or terms and conditions of employment of trial court employees. However, except as to those procedures, rights, or practices described in this chapter as minimum standards, the enactment of this act shall not prevent the modification or elimination of existing wages, hours or terms and conditions of employment through the meet and confer in good faith process or, in those situations in which the employees are either exempted from representation, or are not represented by a recognized employee organization, through appropriate procedures.
(Added by Stats. 2000, Ch. 1010, Sec. 14. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 7 - Trial Court Employment Protection and Governance Act › ARTICLE 1 - General Provisions › Section 71614.

71614. Nothing in this chapter shall be construed as affecting the interpretation or operation of Sections 70210 to 70218, inclusive, for purposes of unification of the trial courts.
(Amended by Stats. 2021, Ch. 117, Sec. 8. (AB 414) Effective January 1, 2022.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 7 - Trial Court Employment Protection and Governance Act › ARTICLE 1 - General Provisions › Section 71616.

71616. If any provision of this chapter, or the application thereof, to any person or circumstances, is held invalid, the invalidity shall not affect other provisions or application of the chapter which can be given effect without the invalid provisions or application and, to this end the provisions of this chapter are severable.
(Added by Stats. 2000, Ch. 1010, Sec. 14. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 7 - Trial Court Employment Protection and Governance Act › ARTICLE 1 - General Provisions › Section 71618.

71618. The Legislature hereby finds and declares that the status, rights, and protections provided to court employees under this chapter constitute a matter of statewide concern. Therefore, this chapter is applicable to all counties, notwithstanding charter provisions to the contrary. In order to ensure that effective court services are provided to all people of this state and to ensure stable court employer-employee relations, it is necessary that this chapter be applicable to all trial courts and court employees, as defined in this chapter, wherever situated within the State of California.
(Added by Stats. 2000, Ch. 1010, Sec. 14. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 7 - Trial Court Employment Protection and Governance Act › ARTICLE 2 - Authority to Hire, Classification, and Compensation › Section 71620.

71620. (a) Each trial court may establish such job classifications and may appoint such trial court officers, deputies, assistants, and employees as are deemed necessary for the performance of the duties and the exercise of the powers conferred by law upon the trial court and its members.
(b) Each trial court may appoint an executive or administrative officer who shall hold office at the pleasure of the trial court and shall exercise such administrative powers and perform such other duties as may be required by the trial court. The executive or administrative officer has the authority of a clerk of the trial court. The trial court shall fix the qualifications of the executive or administrative officer and may delegate to him or her any administrative powers and duties required to be exercised by the trial court.
(Amended by Stats. 2002, Ch. 784, Sec. 359. Effective January 1, 2003.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 7 - Trial Court Employment Protection and Governance Act › ARTICLE 2 - Authority to Hire, Classification, and Compensation › Section 71622.

71622. (a) Each trial court may establish and may appoint any subordinate judicial officers that are deemed necessary for the performance of subordinate judicial duties, as authorized by law to be performed by subordinate judicial officers. However, the number and type of subordinate judicial officers in a trial court shall be subject to approval by the Judicial Council. Subordinate judicial officers shall serve at the pleasure of the trial court.
(b) The appointment or termination of a subordinate judicial officer shall be made by order of the presiding judge or another judge or a committee to whom appointment or termination authority is delegated by the court, and shall be entered in the minutes of the court.
(c) The Judicial Council shall promulgate rules establishing the minimum qualifications and training requirements for subordinate judicial officers.
(d) The presiding judge of a superior court may cross-assign one type of subordinate judicial officer to exercise all the powers and perform all the duties authorized by law to be performed by another type of subordinate judicial officer, but only if the person cross-assigned satisfies the minimum qualifications and training requirements for the new assignment established by the Judicial Council pursuant to subdivision (c).
(e) The superior courts of two or more counties may appoint the same person as court commissioner.
(f) As of the implementation date of this chapter, all persons who were authorized to serve as subordinate judicial officers pursuant to other provisions of law shall be authorized by this section to serve as subordinate judicial officers at their existing salary rate, which may be a percentage of the salary of a judicial officer.
(g) A subordinate judicial officer who has been duly appointed and has thereafter retired from service may be assigned by a presiding judge to perform subordinate judicial duties consistent with subdivision (a). The retired subordinate judicial officer shall be subject to the limits, if any, on postretirement service prescribed by the Public Employees’ Retirement System, the county defined-benefit retirement system, as defined in subdivision (f) of Section 71624, or any other defined-benefit retirement plan from which the retired officer is receiving benefits. The retired subordinate judicial officer shall be compensated by the assigning court at a rate not to exceed 85 percent of the compensation of a retired judge assigned to a superior court.
(Amended by Stats. 2005, Ch. 22, Sec. 110. Effective January 1, 2006.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 7 - Trial Court Employment Protection and Governance Act › ARTICLE 2 - Authority to Hire, Classification, and Compensation › Section 71622.5.

71622.5. (a) The Legislature hereby declares that due to the need to implement the 2011 Realignment Legislation addressing public safety (Chapter 15 of the Statutes of 2011), it is the intent of the Legislature to afford the courts the maximum flexibility to manage the caseload in the manner that is most appropriate to each court.
(b) Notwithstanding Section 71622, the superior court of any county may appoint as many hearing officers as deemed necessary to conduct parole revocation hearings pursuant to Sections 3000.08 and 3000.09 of the Penal Code and to determine violations of conditions of postrelease supervision pursuant to Section 3455 of the Penal Code, and to perform related duties as authorized by the court. A hearing officer appointed pursuant to this section has the authority to conduct these hearings and to make determinations at those hearings pursuant to applicable law.
(c) (1) A person is eligible to be appointed a hearing officer pursuant to this section if the person meets one of the following criteria:
(A) He or she has been an active member of the State Bar of California for at least 10 years continuously prior to appointment.
(B) He or she is or was a judge of a court of record of California within the last five years, or is currently eligible for the assigned judge program.
(C) He or she is or was a commissioner, magistrate, referee, or hearing officer authorized to perform the duties of a subordinate judicial officer of a court of record of California within the last five years.
(2) The superior court may prescribe additional minimum qualifications for hearing officers appointed pursuant to this section and may prescribe mandatory training for those hearing officers in addition to any training and education that may be required as judges or employees of the superior court.
(d) The manner of appointment of a hearing officer pursuant to this section and compensation to be paid to a hearing officer shall be determined by the court. That compensation is within the definition of “court operations” pursuant to Section 77003 and California Rules of Court, rule 10.810.
(e) The superior courts of two or more counties may appoint the same person as a hearing officer under this section.
(Added by Stats. 2011, Ch. 39, Sec. 1. (AB 117) Effective June 30, 2011. Operative October 1, 2011, pursuant to Secs. 68 and 69 of Ch. 39.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 7 - Trial Court Employment Protection and Governance Act › ARTICLE 2 - Authority to Hire, Classification, and Compensation › Section 71623.

71623. (a) Each trial court may establish a salary range for each of its employee classifications. Considerations shall include, but are not limited to, local market conditions and other local compensation-related issues such as difficulty of recruitment or retention.
(b) All persons who are trial court employees as defined in Section 71601, as of the implementation date of this chapter shall become trial court employees at their existing salary rate. For employees who are represented by a recognized employee organization, salary ranges may be subject to modification pursuant to the terms of a memorandum of understanding or agreement, or upon expiration of an existing memorandum of understanding or agreement subject to meet and confer in good faith. For employees who are not represented by a recognized employee organization, salary ranges may be revised by the trial court. However, as provided in Section 71612, the implementation of this chapter shall not be a cause for the modification of salary ranges by a trial court.
(Added by Stats. 2000, Ch. 1010, Sec. 14. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 7 - Trial Court Employment Protection and Governance Act › ARTICLE 2 - Authority to Hire, Classification, and Compensation › Section 71623.5.

71623.5. (a) As of July 1, 2001, trial courts shall provide workers’ compensation coverage for trial court employees under a workers’ compensation program established by the Administrative Office of the Courts or a program selected or approved by the Administrative Office of the Courts. The Judicial Council shall adopt rules of court requiring the Administrative Office of the Courts to establish a workers’ compensation program for the trial courts and to provide guidance to the trial courts to ensure that the courts’ workers’ compensation coverage, including workers’ compensation employer liability coverage, meets all legal requirements and is cost-efficient.
(b) If, as of the implementation date of this chapter, the county provides workers’ compensation coverage for trial court employees, the county shall continue to provide the coverage, under the same terms and conditions as coverage was provided immediately preceding implementation of this chapter. This coverage shall continue for a transition period of up to 24 months after the implementation date of this chapter, unless the court gives the county 60 days’ notice, or a mutually agreed to period of notice, that the court no longer needs the county to provide the coverage. Subject to approval by the Administrative Office of the Courts, the parties may mutually agree to county-provided coverage beyond the 24-month transition period.
(c) County provision of workers’ compensation coverage for trial court employees shall not be construed to create a meet and confer obligation between the county and any recognized employee organization.
(Amended by Stats. 2001, Ch. 270, Sec. 2. Effective January 1, 2002.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 7 - Trial Court Employment Protection and Governance Act › ARTICLE 2 - Authority to Hire, Classification, and Compensation › Section 71625.

71625. (a) Trial court policies related to accrued leave benefits, including the type and accrual rate of accrued leave benefits, in effect on the implementation date of this chapter shall remain in effect unless modified pursuant to subdivision (c).
(b) The implementation of this chapter shall not cause a termination of employment and rehire for purposes of accrued leave benefits and shall not result in either the trial court or the county cashing out trial court employees’ accrued leave balances. A trial court employee shall retain his or her accrued leave balances upon implementation of this chapter. A trial court employee shall not cash out his or her accrued leave balances solely as a result of implementation of this chapter.
(c) For employees who are represented by a recognized employee organization, the type and accrual rate of, and policies relating to, accrued leave benefits are subject to modification pursuant to the terms of a memorandum of understanding or agreement, or upon expiration of an existing memorandum of understanding or agreement, or upon revision to personnel, policies, procedures and plans, subject to meet and confer in good faith. For employees who are not represented by a recognized employee organization, the type and accrual rate of, and policies relating to, accrued leave benefits may be revised by the trial court. However, as provided in Section 71612, the implementation of this chapter shall not be a cause for the modification of the type and accrual rate of, and policies relating to, accrued leave benefits.
(Added by Stats. 2000, Ch. 1010, Sec. 14. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 7 - Trial Court Employment Protection and Governance Act › ARTICLE 2 - Authority to Hire, Classification, and Compensation › Section 71626.1.

71626.1. (a) Any trial court receiving cleaning or maintenance services from persons employed directly by the court or county shall continue to receive those services from persons employed directly by a trial court or county in which the trial court is located.
(b) If the trial court replaces the county in providing cleaning or maintenance services, county employees who have been providing those services to the trial court have the right, prior to any other hiring by the trial court of persons to provide those services, to, at their own option, transfer employment directly from the county to the trial court without a break in service, either when those services are transferred from the county to the trial court, or anytime within two years from the date of that transfer of services if a vacancy exists at the time of the requested transfer. Furthermore, the trial court and an employee organization may by mutual agreement permit county employees providing cleaning or maintenance services in county facilities other than the trial court the option of transferring to the trial court upon such terms as are agreed upon by the trial court and the employee organization if there is a vacancy that no county employee who has been providing cleaning and maintenance services to the trial court opts to fill.
(c) If a county employee who provides cleaning or maintenance services to a trial court transfers employment directly from the county to the trial court without a break in service, upon the date of transfer, that employee shall be considered a trial court employee, as defined in Section 71601 subject to all applicable provisions of this chapter.
(d) The transfer of employment from the county to the trial court under this section shall not be deemed a termination of employment by the county and rehire by the trial court for the purposes of accrued leave benefits, employment seniority, and employment status as a probationary or regular employee. The transfer of employment shall not be the sole cause for a modification of wages or benefits of any kind.
(Added by Stats. 2003, Ch. 592, Sec. 23. Effective January 1, 2004.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 7 - Trial Court Employment Protection and Governance Act › ARTICLE 3 - Labor Relations › Section 71630.

71630. (a) It is the purpose of this article to promote full communication between trial courts and their employees by providing a reasonable method for resolving disputes regarding wages, hours, and other terms and conditions of employment between trial courts and recognized employee organizations. It is also the purpose of this article to promote the improvement of personnel management and employer-employee relations within the trial courts in the state by providing a uniform basis for recognizing the right of trial court employees to join organizations of their own choice and to be represented by those organizations in their employment relations with trial courts. It is also the purpose of this article to extend to trial court employees the right, and to require trial courts, to meet and confer in good faith over matters within the scope of representation, consistent with the procedures set forth in this article. This article is not intended to require changes in existing representation units, memoranda of agreement or understanding, or court rules, except as provided in this article.
(b) The Legislature finds and declares that the duties and responsibilities of trial court representatives under this article are substantially similar to the duties and responsibilities required under existing collective bargaining enforcement procedures and therefore the costs incurred by the trial court representatives in performing those duties and responsibilities under this article are not reimbursable as state-mandated costs.
(Amended by Stats. 2004, Ch. 227, Sec. 65. Effective August 16, 2004.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 7 - Trial Court Employment Protection and Governance Act › ARTICLE 3 - Labor Relations › Section 71631.

71631. Except as otherwise provided by the Legislature, trial court 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 employer-employee relations. Trial court 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 trial court.
(Added by Stats. 2000, Ch. 1010, Sec. 14. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 7 - Trial Court Employment Protection and Governance Act › ARTICLE 3 - Labor Relations › Section 71632.6.

71632.6. If the trial court is party to any memorandum of understanding or agreement with any bargaining unit that includes court employees that provides for an agency shop provision as of the implementation date of this chapter, the trial court and employee organization representing the trial court employees shall be obligated to honor the terms of the agency shop provision, including indemnification provisions, if any, for the duration of the memorandum of understanding or agreement. The implementation of this chapter shall not be a cause for a new agency shop election.
(Added by Stats. 2000, Ch. 1010, Sec. 14. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 7 - Trial Court Employment Protection and Governance Act › ARTICLE 3 - Labor Relations › Section 71633.

71633. Recognized employee organizations shall have the right to represent their members in their employment relations with trial courts as to matters covered by this article. Employee organizations may establish reasonable restrictions regarding who may join and may make reasonable provisions for the dismissal of individuals from membership. Nothing in this article shall prohibit any employee from appearing on his or her own behalf regarding employment relations with the trial court.
(Added by Stats. 2000, Ch. 1010, Sec. 14. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 7 - Trial Court Employment Protection and Governance Act › ARTICLE 3 - Labor Relations › Section 71634.

71634. (a) The scope of representation shall include all matters relating to employment conditions and employer-employee relations, including, but not limited to, wages, hours, and other terms and conditions of employment. However, the scope of representation shall not include consideration of the merits, necessity, or organization of any service or activity provided by law or executive order.
(b) In view of the unique and special responsibilities of the trial courts in the administration of justice, decisions regarding the following matters shall not be included within the scope of representation:
(1) The merits and administration of the trial court system.
(2) Coordination, consolidation, and merger of trial courts and support staff.
(3) Automation, including, but not limited to, fax filing, electronic recording, and implementation of information systems.
(4) Design, construction, and location of court facilities.
(5) Delivery of court services.
(6) Hours of operation of the trial courts and trial court system.
(c) The impact from matters in subdivision (b) shall be included within the scope of representation as those matters affect wages, hours, and terms and conditions of employment of trial court employees. The court shall be required to meet and confer in good faith with respect to that impact.
(d) The trial court shall continue to have the right to determine assignments and transfers of trial court employees; provided that the process, procedures, and criteria for assignments and transfers shall be included within the scope of representation.
(Added by Stats. 2000, Ch. 1010, Sec. 14. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 7 - Trial Court Employment Protection and Governance Act › ARTICLE 3 - Labor Relations › Section 71634.1.

71634.1. (a) Except in cases of emergency as provided in this section, the trial court shall give reasonable written notice to each recognized employee organization affected by any rule, practice, or policy directly relating to matters within the scope of representation proposed to be adopted by the trial court and shall give each such recognized employee organization the opportunity to meet with the trial court.
(b) In cases of emergency when the trial court determines that any rule, policy, or procedure must be adopted immediately without prior notice or meeting with a recognized employee organization, the trial court shall provide such notice and opportunity to meet at the earliest practicable time following the adoption of the rule, policy, or procedure.
(Added by Stats. 2000, Ch. 1010, Sec. 14. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 7 - Trial Court Employment Protection and Governance Act › ARTICLE 3 - Labor Relations › Section 71634.2.

71634.2. (a) The trial court, or those representatives as it may designate, shall meet and confer in good faith regarding wages, hours, and other terms and conditions of employment within the scope of representation, as defined in Section 71634, with representatives of the recognized employee organizations, as defined in Section 71611, and shall consider fully the presentations as are made by the recognized employee organization on behalf of its members prior to arriving at a determination of policy or course of action.
(b) In fulfilling the requirements of subdivision (a), the court and the county may consult with each other, may negotiate jointly, and each may designate the other in writing as its agent on any matters within the scope of representation.
(Added by Stats. 2000, Ch. 1010, Sec. 14. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 7 - Trial Court Employment Protection and Governance Act › ARTICLE 3 - Labor Relations › Section 71634.3.

71634.3. If agreement is reached by the representatives of the trial court and a recognized employee organization or organizations, they shall jointly prepare a written memorandum of the agreement or understanding, which shall not be binding, and present it to the trial court or its designee for determination.
(Added by Stats. 2000, Ch. 1010, Sec. 14. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 7 - Trial Court Employment Protection and Governance Act › ARTICLE 3 - Labor Relations › Section 71634.4.

71634.4. If after a reasonable period of time, representatives of the trial court and the recognized employee organization fail to reach agreement, the trial court and the recognized employee organization or recognized employee organizations together may agree upon the appointment of a mediator mutually agreeable to the parties. Costs of mediation, if any, shall be divided one-half to the trial court and one-half to the recognized employee organization or recognized employee organizations.
(Added by Stats. 2000, Ch. 1010, Sec. 14. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 7 - Trial Court Employment Protection and Governance Act › ARTICLE 3 - Labor Relations › Section 71635.

71635. The trial court shall allow a reasonable number of trial court employee representatives of recognized employee organizations reasonable time off, without loss of compensation or other benefits, when formally meeting and conferring with representatives of the trial court on matters within the scope of representation.
(Added by Stats. 2000, Ch. 1010, Sec. 14. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 7 - Trial Court Employment Protection and Governance Act › ARTICLE 3 - Labor Relations › Section 71635.1.

71635.1. Trial courts and employee organizations shall not interfere with, intimidate, restrain, coerce, or discriminate against court employees because of their exercise of their rights under Section 71631.
(Added by Stats. 2000, Ch. 1010, Sec. 14. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 7 - Trial Court Employment Protection and Governance Act › ARTICLE 3 - Labor Relations › Section 71636.

71636. (a) A trial court may adopt reasonable rules and regulations, after consultation in good faith with representatives of a recognized employee organization or organizations, for the administration of employer-employee relations under this article. These rules and regulations may include provisions for:
(1) Verifying that an organization does in fact represent employees of the trial court.
(2) Verifying the official status of employee organization officers and representatives.
(3) Recognition of employee organizations.
(4) Exclusive recognition of employee organizations formally recognized pursuant to a vote of the employees of the trial court or an appropriate unit thereof, subject to the right of an employee to represent himself or herself as provided in Section 71631.
(5) Additional procedures for the resolution of disputes involving wages, hours, and other terms and conditions of employment.
(6) Access of employee organization officers and representatives to work locations.
(7) Use of official bulletin boards and other means of communication by employee organizations.
(8) Furnishing nonconfidential information pertaining to employment relations to employee organizations.
(9) Any other matters as are necessary to carry out the purposes of this article.
(b) Exclusive recognition of employee organizations formally recognized as majority 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 recognition.
(c) No trial court shall unreasonably withhold recognition of employee organizations. A trial court may not offer to provide employees benefits of any kind for the purpose of inducing those employees to decertify or withdraw support from a recognized employee organization.
(d) Pursuant to the obligation to meet and confer in good faith, the trial court shall establish procedures to determine the appropriateness of any bargaining unit of court employees.
(e) Trial court employees and employee organizations shall be able to challenge a rule or regulation of a trial court as a violation of this chapter.
(Amended by Stats. 2004, Ch. 227, Sec. 66. Effective August 16, 2004.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 7 - Trial Court Employment Protection and Governance Act › ARTICLE 3 - Labor Relations › Section 71636.1.

71636.1. In the absence of local procedures for resolving disputes on the appropriateness of a unit of representation, upon the request of any of the parties, the dispute shall be submitted to the California State Mediation and Conciliation Service for the mediation or for recommendation for resolving the dispute.
(Amended by Stats. 2012, Ch. 46, Sec. 72. (SB 1038) Effective June 27, 2012.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 7 - Trial Court Employment Protection and Governance Act › ARTICLE 3 - Labor Relations › Section 71636.3.

71636.3. (a) Unit determinations and representation elections shall be determined and processed in accordance with rules adopted by a trial court in accordance with this chapter. In a representation election, a majority of the votes cast by the employees in the appropriate bargaining unit shall be required.
(b) Notwithstanding subdivision (a) and rules adopted by a trial court pursuant to Section 71636, a bargaining unit in effect as of January 1, 2002, shall continue in effect unless changed under the rules adopted by the trial court pursuant to Section 71636.
(c) A trial court shall grant exclusive or majority recognition to an employee organization based on a signed petition, authorization cards, or union membership cards showing that a majority of the employees in an appropriate bargaining unit desire the representation, unless another labor organization has previously been lawfully recognized as exclusive or majority representative of all or part of the same unit. Exclusive or majority representation shall be determined by a neutral third party, selected by the trial court and the employee organization, who shall review the signed petition, authorization cards, or union membership cards to verify the exclusive or majority status of the employee organization. If the trial court and the employee organization cannot agree on a neutral third party, the California State Mediation and Conciliation Service shall be the neutral third party and shall verify the exclusive or majority status of the employee organization. If the neutral third party determines, based on a signed petition, authorization cards, or union membership cards, that a second labor organization has the support of at least 30 percent of the employees in the unit in which recognition is sought, the neutral third party shall order an election to establish which labor organization, if any, has majority status.
(Amended by Stats. 2012, Ch. 46, Sec. 73. (SB 1038) Effective June 27, 2012.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 7 - Trial Court Employment Protection and Governance Act › ARTICLE 3 - Labor Relations › Section 71637.

71637. (a) For purposes of this article, professional employees shall not be denied the right to be represented separately from nonprofessional employees by a professional employee organization consisting of those professional employees. In the event of a dispute on the appropriateness of a unit of representation for professional employees, upon request of any of the parties, the dispute shall be submitted to the California State Mediation and Conciliation Service for mediation or for recommendation for resolving the dispute.
(b) For the purpose of this section, “professional employees” means employees engaged in work requiring specialized knowledge and skills attained through completion of a recognized course of instruction, including, but not limited to, attorneys.
(Amended by Stats. 2012, Ch. 46, Sec. 74. (SB 1038) Effective June 27, 2012.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 7 - Trial Court Employment Protection and Governance Act › ARTICLE 3 - Labor Relations › Section 71637.1.

71637.1. For purposes of this article, in addition to those rules and regulations that a trial court may adopt pursuant to, and in the same manner as set forth in, Section 71636, any trial court may adopt reasonable rules and regulations providing for designation of the management and confidential employees of the trial court and restricting those employees from representing any employee organization that represents other employees of the trial court, on matters within the scope of representation. Except as specifically provided otherwise in this article, this section does not otherwise limit the right of employees to be members of, and to hold office in, an employee organization.
(Amended by Stats. 2001, Ch. 270, Sec. 8. Effective January 1, 2002.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 7 - Trial Court Employment Protection and Governance Act › ARTICLE 3 - Labor Relations › Section 71638.

71638. A trial court employee shall have the right to authorize, and the trial court employer shall honor, a dues deduction from his or her salary or wages as provided in Section 1152, 1153, 1157.1, 1157.2, 1157.3, 1157.4, 1157.5, or 1157.7.
(Amended by Stats. 2018, Ch. 53, Sec. 37. (SB 866) Effective June 27, 2018.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 7 - Trial Court Employment Protection and Governance Act › ARTICLE 3 - Labor Relations › Section 71639.

71639. (a) As of the implementation date of this chapter, an employee organization that is recognized as a representative of a group of trial court employees or the exclusive representative of an established bargaining unit of trial court employees, either by the county or the trial court, shall continue to be recognized by the trial court as a representative or the exclusive representative of the same trial court employees. A trial court and recognized employee organization shall be bound by the terms of any memorandum of understanding or agreement covering trial court employees to which the trial court or the county is a party that is in effect on the implementation date of this chapter for the duration thereof, or until it expires and, consistent with law, is replaced by a successor memorandum of understanding or agreement, subject to the obligation to meet and confer in good faith. Upon expiration of a memorandum of understanding or agreement, the trial court shall meet and confer in good faith with recognized employee organizations.
(b) A trial court’s local rules governing trial court employees and a trial court’s personnel rules, policies, and practices, and any county rules in effect pursuant to former Rule 2205 of the California Rules of Court as adopted on April 23, 1997, in effect at the time of the implementation date of this chapter, to the extent they are not contrary to or inconsistent with the obligations and duties provided for in this article, shall continue in effect until changed by the trial court. Prior to changing any rule, policy, or practice that affects any matter within the scope of representation as set forth in this article, the court shall meet and confer in good faith with the recognized employee organization as provided for in this chapter.
(c) Nothing contained in this article is intended to preclude trial court employees from continuing to be included in representation units which contain county employees.
(Amended by Stats. 2007, Ch. 130, Sec. 138. Effective January 1, 2008.)