(a)The board shall develop objective criteria for determining the application of the state safety category of membership in the Public Employees’ Retirement System to positions in the state civil service. Upon the request of the Department of Human Resources or an employee organization, the board shall then determine which classes of positions meet all or part of the elements of the criteria and shall list the positions in order based upon the degree in which their duties meet the criteria. An employee organization that requests a determination with respect to a class of position previously determined not to meet the criteria shall submit a written argument supporting the assertion that the class of position meets the criteria. The board, if it finds the written argument to be
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(a)
The board shall develop objective criteria for determining the application of the state safety category of membership in the Public Employees’ Retirement System to positions in the state civil service. Upon the request of the Department of Human Resources or an employee organization, the board shall then determine which classes of positions meet all or part of the elements of the criteria and shall list the positions in order based upon the degree in which their duties meet the criteria. An employee organization that requests a determination with respect to a class of position previously determined not to meet the criteria shall submit a written argument supporting the assertion that the class of position meets the criteria. The board, if it finds the written argument to be
unpersuasive, may refuse to commence determination proceedings unless and until either the Department of Human Resources requests a determination with respect to that class of position or the employee organization submits to the board a supporting argument which the board finds persuasive. The board shall indicate to the department whether the classes qualify for state safety membership. The Public Employees’ Retirement System and employing agencies shall assist and cooperate with the board in preparation of the report.
(b)
The board shall transmit the report directly to the department, which shall make a copy available to the exclusive representative of any employee organization upon its written request.
(c)
The department may use the results of the study in subsequent negotiations with the exclusive employee representatives; however, the report shall in no way obligate the
department to take any action or make any recommendations as it relates to state safety membership.
(d)
The department shall not recommend safety membership for any class of employees who have not been determined by the board to meet the established criteria.
(e)
For classes of employees recommended for state safety membership by a memorandum of understanding reached pursuant to Section 3517.5, a copy of the report authorized under this section shall be submitted to the Legislature with the signed memorandum of understanding.
(f)
This section does not apply to state employees who are subject to Sections 19816.20 and 20405.1.