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Home My WebLink AboutSB 115 (Lowenthal) - Public Employment � �` �� CITY OF PALM DESERT """"""� � � COMMUNITY SERVICES DEPARTMENT , . STAFF REPORT REQUEST: CONSIDERATION OF LEGISLATIVE REVIEW COMMITTEE ACTION ON SB 115(LOWENTHAL)AT ITS MEETING OF FEBRUARY 24,2009 DATE: March 12, 2009 CONTENTS: SB 115 Language RECOMMENDATION: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of February 24, 2009, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to SB 115 relative to public employment BACKGROUND: The California Constitution currently requires all public employees to take and subscribe to a specified oath of office. If passed, SB 115 would require that an applicant seeking public employment be permitted to decline to take and subscribe to the oath of office based on moral, ethical, or religious beliefs that conflict with his/her ability to take and subscribe the oath without mental reservation if they are otherwise willing to uphold the United States Constitution. The City of Palm Desert seeks at all times to accommodate potential employees without regard to race, religion, sex, country of origin, personal beliefs; however, in order to be consistent, public employers should have the freedom to require all employees to subscribe to the same manner in taking the oath of office for employment. Therefore,the Legislative Review Committee recommend that the City Council o pose S 115 and direct staff to prepare a letter stating that position to appropriate legislators an m s for the Mayor's signature. � � " � � �- � PATRICIA SCULLY, E PAUL GIBSON `'' � SENIOR MANAGEMENT AN ST DIRE TOR OF FINANCE/CITY TR�PCbU �, � L � � � � i. � t i" ' V ` � ` � �r' � � c r.'�+ ` �' �,�c.J'�. E— �— U ! � �'� SHEILA R. GILLIGAN J N M. WOHLMUTH ,d ;� � ^ ACM/COMMUNITY SERVI Y MANAGER a �.�, � � 3 U Q � � ' �: °; ;� „�r ,� � S � G�. C: ��`',, � � �C � Lz. cC !e! i�.; � � ;/^. � C � �' `"° �: �- ,!: :0: � �CD �' �"�`-" t~ oea' �° Q > C� � State Net Bill Text Page 1 of 3 �� In bill text the following has special meaning underline denotes added text 2009 CA S 115 AUTHOR: Lowenthal A VERSION: Introduced VERSION DATE: O1/29/2009 SENATE BILL No. 115 INTRODUCED BY Senator Lowenthal JANUARY 29, 2009 An act to amend Sections 1360, 3103, and 18150 of, and to add Section 1225.5 to, the Government Code, relating to public employment. LEGISLATIVE COUNSEL'S DIGEST SB 115, as introduced, Lowenthal. Public employment. The California Constitution requires Members of the Legislature, and all public officers and employees, to take and subscribe a specified oath of office. The California Constitution permits inferior officers and employees to be exempted by law from this requirement. This bill would require that a public employee or applicant seeking public employment be permitted to decline to take and subscribe the oath of office based on moral, ethical, or religious beliefs that conflict with his or her ability to take and subscribe the oath without mental reservation, if he or she is otherwise willing and able to uphold the United States Constitution and the constitution and laws of this state and to complete the duties of employment. The bill would require that person to take and subscribe a specified statement to that effect. The bill would except from these provisions a public officer, employee, or applicant for public employment who is elected or who serves at the pleasure of an elected official. The bill would also make conforming changes and make a related statement of legislative findings. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature finds and declares the following: (a) Section 3 of Article XX of the California Constitution requires that Members of the Legislature and all public officers and employees take and subscribe the oath that is set forth in its provisions and defines public officer or employee for these purposes. http://client.statenet.com/secure/pe/ts.cgi?mode=fetch&text version=CA20090005115 20... 1/30/2009 State Net Bill Text � (b) Section 3 of Article XX of the California Constitution permits the Legislature to make exceptions from the oath requirement for "inferior officers and employees." (c) The California Supreme Court, in the case of Vogel v. County of Los Angeles (1967) 68 Ca1.2d 18, struck down the second paragraph of the oath set forth in the provisions of Section 3 of Article XX of the California Constitution as an unconstitutional violation of the rights guaranteed by the First Amendment of the United States Constitution. (d) Some applicants for public employment who are loyal citizens and well qualified for their respective jobs are precluded by their religious beliefs from taking oaths. (e) It is necessary to create an appropriate exemption for loyal and qualified employees and applicants for public employment based on the fundamental American value of freedom of religion. SEC. 2. Section 1225.5 is added to the Government Code,to read: 1225.5. (a)Notwithstanding any other provision of law to the contrary, a public employee or applicant seeking public employment shall be pernutted to decline to take and subscribe the oath required by Section 3 of Article XX of the California Constitution based on moral, ethical, or religious beliefs that conflict with his or her ability to take and subscribe to the oath without mental reservation, if he or she is otherwise willing and able to uphold the United States Constitution and the constitution and laws of this state and to complete the duties of employment. Any person exempted from taking the oath pursuant to this section shall instead take and subscribe the following statement: "I, , do solemnly affirm that I will uphold the Constitution of the United States and the Constitution and all other laws of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter." , (b) The option provided by this section to decline to take and subscribe the oath required by Section 3 of Article XX of the California Constitution based on moral, ethical, or religious beliefs shall not apply to a public officer, employee, or applicant for public employment who is elected or who serves at the pleasure of an elected official. SEC. 3. Section 1360 of the Government Code is amended to read: 1360. Unless otherwise provided, and subject to the limitations set forth in Section 1225.5, before any officer enters on the duties of his or her office, he or she shall take and subscribe the oath or affirmation set forth in Section 3 of Article XX of the Constitution of California. SEC. 4. Section 3103 of the Government Code is amended to read: 3103. �Subject to the limita.tions set forth in Section 1225.5,the oath or affirmation required by this chapter is the oath or affirmation set forth in Section 3 of Article XX of the Constitution of California. SEC. 5. Section 18150 of the Government Code is amended to read: 18150. �ke-Subject to the limitations set forth in Section 1225.5,the oath required by this chapter is the oath set forth in Section 3 of Article XX of the Constitution of California. http://client.statenet.com/secure/pe/ts.cgi?mode=fetch&text version=CA20090005 1 1 5_20... 1/30/2009 State Net Bill Text Page 3 of 3 Copyright 2009 State Net.All Rights Reser ved. �ti... http://client.statenet.com/secure/pe/ts.cgi?mode=fetch&text version=CA20090005 1 1 5_20... 1/30/2009