PERB: OPERATION, JURISDICTION, AUTHORITY; CONSTITUTIONALITY OF EERA, DILLS, HEERA – State Issues
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103.03000 – State Issues
The Dills Act is a limited delegation of authority by the Legislature to the Governor, allowing DPA, as the State employer's representative, the authority to bargain with the State's unions to determine terms and conditions of employment. The Dills Act does not preclude the Legislature from enacting terms and conditions of employment which, if implemented by DPA without legislative direction, would have been an unfair practice if not negotiated. DPA's implementation of the alternate retirement program amounted to the State's compliance with law as prescribed by the legislative process and not unilateral implementation of a change in policy on the part of the State as employer. The State did not commit an unlawful unilateral change in policy by virtue of the Governor's signing SB 1105 into law, because in signing the legislation the Governor was carrying out a function directed by the California Constitution. When the Governor is acting as a participant in the legislative process and is fulfilling his/her constitutional responsibilities, those acts are to be viewed separate and apart from his/her responsibilities as chief executive and employer of State employees. The Governor's role in considering and signing legislation, as prescribed in the California Constitution, does not amount to a unilateral change in policy by the State.