19850. As used in this article:
(a) "Uniform" means outer garments, excluding shoes, which are
required to be worn exclusively while carrying out the duties and
responsibilities of the position and which are different from the
design or fashion of the general population. This definition includes
items that serve to identify the person, agency, functions
performed, rank, or time in service.
(b) "Work clothes" means attire that is worn over, or in place of,
regular clothing and is necessary to protect the employee's clothing
from damage or stains which would be present in the normal
performance of his or her duties, for example, aprons, lab smocks,
shop coats, or coveralls; or is necessary for the required sanitary
conditions, for example, agriculture inspectors, surgery personnel,
or food service.
(c) "Safety equipment" means equipment or attire worn over, in
place of, or in addition to, regular clothing, which is necessary to
protect the employees' health and welfare, for example, helmets,
goggles, safety harnesses, and fireman "turnout gear."
(d) "Police protective equipment" means equipment or attire worn
by law enforcement personnel for the purpose of protecting themselves
or the public from overt actions of others or to assist in the
carrying out of related duties, for example, handgun, baton, billy,
handcuffs, flashlight, whistle, leather belt, holster and cases or
attachments.
(e) "State employees" means employees of the state and its
agencies, but does not include employees of the University of
California or the California State University.
Except as provided in Section 19850.7, if the provisions of this
article are in conflict with the provisions of a memorandum of
understanding reached pursuant to Section 3517.5, the memorandum of
understanding shall be controlling without further legislative
action, except that if the provisions of a memorandum of
understanding require the expenditure of funds, the provisions shall
not become effective unless approved by the Legislature in the annual
Budget Act.
19850.1. (a) State employees shall be responsible for the purchase
of uniforms required as a condition of employment. The state shall
provide for an annual uniform allowance to state employees for the
replacement of uniforms worn on a full-time basis, and an annual
uniform allowance to state employees for the replacement of uniforms
worn on a part-time basis, in amounts agreed upon in a memorandum of
understanding reached pursuant to Section 3517.5.
(b) Notwithstanding the provisions of subdivision (a), the state
shall provide any employee, who is either excluded from the
definition of state employee in subdivision (c) of Section 3513, or
is a nonelected officer or employee of the executive branch of
government who is not a member of the civil service, an annual
uniform allowance for the replacement of uniforms worn on a full-time
basis, and an annual uniform allowance for the replacement of
uniforms worn on a part-time basis, in amounts determined by the
department.
19850.2. Each state employee, including employees having
probationary status, employed in a position which is permanent and
full time, or employed in a position which is less than full time for
the equivalent of one year, shall receive the allowance for uniforms
provided for in Section 19850.1, if:
(a) The uniform is clearly necessary for ready visual
identification by the public for law enforcement, public safety, or
other closely related purposes; and
(b) The employee is required by his or her appointing power to
wear the uniform for the regular performance of his or her duties;
and
(c) The uniform is authorized for wear only in an official
capacity.
If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if the provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.
19850.3. To implement the provisions of Sections 19850.1 and
19850.2, the department shall:
(a) Establish a procedure to determine what articles are to be
included in calculating the amount of the uniform allowance.
(b) Determine the average annual replacement cost for each type of
uniform based on required standards and taking into consideration
normal uniform life. The uniform allowance for employees provided by
subdivision (a) of Section 19850.1 shall be the average annual
replacement cost as agreed upon in a memorandum of understanding
reached pursuant to Section 3517.5. The uniform allowance for
employees provided by subdivision (c) of Section 19850.1 shall be the
average annual replacement cost as determined by the department.
(c) Annually review uniform allowances and adjust them when
necessary.
(d) Determine procedure for and frequency of payment.
(e) Determine when new employees become eligible.
(f) Determine the need for changes in uniforms based on requests
from appointing powers.
(g) Determine what degree of need for identification is necessary
to support a uniform requirement.
(h) Establish procedures and make determinations as required.
If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if the provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.
19850.4. Subject to the availability of funds appropriated
specifically for that purpose, each state employee shall be furnished
work clothes if:
(a) The work clothes are required for purposes of sanitation or
cleanliness; and
(b) The work clothes are required by the appointing power; and
(c) The work clothes are of a standard size instead of a measured
size.
Work clothes provided pursuant to this section will be maintained
and owned by the state. Items lost or damaged due to the negligence
of the employee, shall be replaced by the employee at his or her
expense.
If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if the provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.
19850.5. (a) The state shall furnish the initial issuance of all
safety equipment and police protective equipment required by the
employing state agency. All safety equipment and police protective
equipment provided pursuant to this section shall remain the property
of the state. Items lost or damaged due to the negligence of the
employee, shall be replaced by the employee at his or her expense.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if the provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.
19850.6. The state department in which an employee is employed may
pay the cost of replacing personal tools or other equipment required
in the employee's work when stolen from the jobsite without fault of
the employee. The department shall adopt rules setting forth the
criteria under which payment may be made, including the method of
payment, determination of cost, and conditions which constitute
absence of fault by the employee.
19850.7. In addition to other equipment furnished to peace officers
within the Department of Corrections and the California Youth
Authority, the department and the California Youth Authority, in
accordance with the terms of a memorandum of understanding reached
pursuant to Section 3517.5, shall provide protective vests for peace
officers within the department and the California Youth Authority.
The protective vests shall be manufactured to specifications as
agreed to by the state employer and the employee representative after
consultation with appropriate state agencies. The protective vests
shall cover the entire torso of a peace officer and shall be designed
so that they are capable of protecting an officer against a knife
attack.
19850. As used in this article:
(a) "Uniform" means outer garments, excluding shoes, which are
required to be worn exclusively while carrying out the duties and
responsibilities of the position and which are different from the
design or fashion of the general population. This definition includes
items that serve to identify the person, agency, functions
performed, rank, or time in service.
(b) "Work clothes" means attire that is worn over, or in place of,
regular clothing and is necessary to protect the employee's clothing
from damage or stains which would be present in the normal
performance of his or her duties, for example, aprons, lab smocks,
shop coats, or coveralls; or is necessary for the required sanitary
conditions, for example, agriculture inspectors, surgery personnel,
or food service.
(c) "Safety equipment" means equipment or attire worn over, in
place of, or in addition to, regular clothing, which is necessary to
protect the employees' health and welfare, for example, helmets,
goggles, safety harnesses, and fireman "turnout gear."
(d) "Police protective equipment" means equipment or attire worn
by law enforcement personnel for the purpose of protecting themselves
or the public from overt actions of others or to assist in the
carrying out of related duties, for example, handgun, baton, billy,
handcuffs, flashlight, whistle, leather belt, holster and cases or
attachments.
(e) "State employees" means employees of the state and its
agencies, but does not include employees of the University of
California or the California State University.
Except as provided in Section 19850.7, if the provisions of this
article are in conflict with the provisions of a memorandum of
understanding reached pursuant to Section 3517.5, the memorandum of
understanding shall be controlling without further legislative
action, except that if the provisions of a memorandum of
understanding require the expenditure of funds, the provisions shall
not become effective unless approved by the Legislature in the annual
Budget Act.
19850.1. (a) State employees shall be responsible for the purchase
of uniforms required as a condition of employment. The state shall
provide for an annual uniform allowance to state employees for the
replacement of uniforms worn on a full-time basis, and an annual
uniform allowance to state employees for the replacement of uniforms
worn on a part-time basis, in amounts agreed upon in a memorandum of
understanding reached pursuant to Section 3517.5.
(b) Notwithstanding the provisions of subdivision (a), the state
shall provide any employee, who is either excluded from the
definition of state employee in subdivision (c) of Section 3513, or
is a nonelected officer or employee of the executive branch of
government who is not a member of the civil service, an annual
uniform allowance for the replacement of uniforms worn on a full-time
basis, and an annual uniform allowance for the replacement of
uniforms worn on a part-time basis, in amounts determined by the
department.
19850.2. Each state employee, including employees having
probationary status, employed in a position which is permanent and
full time, or employed in a position which is less than full time for
the equivalent of one year, shall receive the allowance for uniforms
provided for in Section 19850.1, if:
(a) The uniform is clearly necessary for ready visual
identification by the public for law enforcement, public safety, or
other closely related purposes; and
(b) The employee is required by his or her appointing power to
wear the uniform for the regular performance of his or her duties;
and
(c) The uniform is authorized for wear only in an official
capacity.
If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if the provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.
19850.3. To implement the provisions of Sections 19850.1 and
19850.2, the department shall:
(a) Establish a procedure to determine what articles are to be
included in calculating the amount of the uniform allowance.
(b) Determine the average annual replacement cost for each type of
uniform based on required standards and taking into consideration
normal uniform life. The uniform allowance for employees provided by
subdivision (a) of Section 19850.1 shall be the average annual
replacement cost as agreed upon in a memorandum of understanding
reached pursuant to Section 3517.5. The uniform allowance for
employees provided by subdivision (c) of Section 19850.1 shall be the
average annual replacement cost as determined by the department.
(c) Annually review uniform allowances and adjust them when
necessary.
(d) Determine procedure for and frequency of payment.
(e) Determine when new employees become eligible.
(f) Determine the need for changes in uniforms based on requests
from appointing powers.
(g) Determine what degree of need for identification is necessary
to support a uniform requirement.
(h) Establish procedures and make determinations as required.
If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if the provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.
19850.4. Subject to the availability of funds appropriated
specifically for that purpose, each state employee shall be furnished
work clothes if:
(a) The work clothes are required for purposes of sanitation or
cleanliness; and
(b) The work clothes are required by the appointing power; and
(c) The work clothes are of a standard size instead of a measured
size.
Work clothes provided pursuant to this section will be maintained
and owned by the state. Items lost or damaged due to the negligence
of the employee, shall be replaced by the employee at his or her
expense.
If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if the provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.
19850.5. (a) The state shall furnish the initial issuance of all
safety equipment and police protective equipment required by the
employing state agency. All safety equipment and police protective
equipment provided pursuant to this section shall remain the property
of the state. Items lost or damaged due to the negligence of the
employee, shall be replaced by the employee at his or her expense.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if the provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.
19850.6. The state department in which an employee is employed may
pay the cost of replacing personal tools or other equipment required
in the employee's work when stolen from the jobsite without fault of
the employee. The department shall adopt rules setting forth the
criteria under which payment may be made, including the method of
payment, determination of cost, and conditions which constitute
absence of fault by the employee.
19850.7. In addition to other equipment furnished to peace officers
within the Department of Corrections and the California Youth
Authority, the department and the California Youth Authority, in
accordance with the terms of a memorandum of understanding reached
pursuant to Section 3517.5, shall provide protective vests for peace
officers within the department and the California Youth Authority.
The protective vests shall be manufactured to specifications as
agreed to by the state employer and the employee representative after
consultation with appropriate state agencies. The protective vests
shall cover the entire torso of a peace officer and shall be designed
so that they are capable of protecting an officer against a knife
attack.
19850. As used in this article:
(a) "Uniform" means outer garments, excluding shoes, which are
required to be worn exclusively while carrying out the duties and
responsibilities of the position and which are different from the
design or fashion of the general population. This definition includes
items that serve to identify the person, agency, functions
performed, rank, or time in service.
(b) "Work clothes" means attire that is worn over, or in place of,
regular clothing and is necessary to protect the employee's clothing
from damage or stains which would be present in the normal
performance of his or her duties, for example, aprons, lab smocks,
shop coats, or coveralls; or is necessary for the required sanitary
conditions, for example, agriculture inspectors, surgery personnel,
or food service.
(c) "Safety equipment" means equipment or attire worn over, in
place of, or in addition to, regular clothing, which is necessary to
protect the employees' health and welfare, for example, helmets,
goggles, safety harnesses, and fireman "turnout gear."
(d) "Police protective equipment" means equipment or attire worn
by law enforcement personnel for the purpose of protecting themselves
or the public from overt actions of others or to assist in the
carrying out of related duties, for example, handgun, baton, billy,
handcuffs, flashlight, whistle, leather belt, holster and cases or
attachments.
(e) "State employees" means employees of the state and its
agencies, but does not include employees of the University of
California or the California State University.
Except as provided in Section 19850.7, if the provisions of this
article are in conflict with the provisions of a memorandum of
understanding reached pursuant to Section 3517.5, the memorandum of
understanding shall be controlling without further legislative
action, except that if the provisions of a memorandum of
understanding require the expenditure of funds, the provisions shall
not become effective unless approved by the Legislature in the annual
Budget Act.
19850.1. (a) State employees shall be responsible for the purchase
of uniforms required as a condition of employment. The state shall
provide for an annual uniform allowance to state employees for the
replacement of uniforms worn on a full-time basis, and an annual
uniform allowance to state employees for the replacement of uniforms
worn on a part-time basis, in amounts agreed upon in a memorandum of
understanding reached pursuant to Section 3517.5.
(b) Notwithstanding the provisions of subdivision (a), the state
shall provide any employee, who is either excluded from the
definition of state employee in subdivision (c) of Section 3513, or
is a nonelected officer or employee of the executive branch of
government who is not a member of the civil service, an annual
uniform allowance for the replacement of uniforms worn on a full-time
basis, and an annual uniform allowance for the replacement of
uniforms worn on a part-time basis, in amounts determined by the
department.
19850.2. Each state employee, including employees having
probationary status, employed in a position which is permanent and
full time, or employed in a position which is less than full time for
the equivalent of one year, shall receive the allowance for uniforms
provided for in Section 19850.1, if:
(a) The uniform is clearly necessary for ready visual
identification by the public for law enforcement, public safety, or
other closely related purposes; and
(b) The employee is required by his or her appointing power to
wear the uniform for the regular performance of his or her duties;
and
(c) The uniform is authorized for wear only in an official
capacity.
If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if the provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.
19850.3. To implement the provisions of Sections 19850.1 and
19850.2, the department shall:
(a) Establish a procedure to determine what articles are to be
included in calculating the amount of the uniform allowance.
(b) Determine the average annual replacement cost for each type of
uniform based on required standards and taking into consideration
normal uniform life. The uniform allowance for employees provided by
subdivision (a) of Section 19850.1 shall be the average annual
replacement cost as agreed upon in a memorandum of understanding
reached pursuant to Section 3517.5. The uniform allowance for
employees provided by subdivision (c) of Section 19850.1 shall be the
average annual replacement cost as determined by the department.
(c) Annually review uniform allowances and adjust them when
necessary.
(d) Determine procedure for and frequency of payment.
(e) Determine when new employees become eligible.
(f) Determine the need for changes in uniforms based on requests
from appointing powers.
(g) Determine what degree of need for identification is necessary
to support a uniform requirement.
(h) Establish procedures and make determinations as required.
If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if the provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.
19850.4. Subject to the availability of funds appropriated
specifically for that purpose, each state employee shall be furnished
work clothes if:
(a) The work clothes are required for purposes of sanitation or
cleanliness; and
(b) The work clothes are required by the appointing power; and
(c) The work clothes are of a standard size instead of a measured
size.
Work clothes provided pursuant to this section will be maintained
and owned by the state. Items lost or damaged due to the negligence
of the employee, shall be replaced by the employee at his or her
expense.
If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if the provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.
19850.5. (a) The state shall furnish the initial issuance of all
safety equipment and police protective equipment required by the
employing state agency. All safety equipment and police protective
equipment provided pursuant to this section shall remain the property
of the state. Items lost or damaged due to the negligence of the
employee, shall be replaced by the employee at his or her expense.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if the provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.
19850.6. The state department in which an employee is employed may
pay the cost of replacing personal tools or other equipment required
in the employee's work when stolen from the jobsite without fault of
the employee. The department shall adopt rules setting forth the
criteria under which payment may be made, including the method of
payment, determination of cost, and conditions which constitute
absence of fault by the employee.
19850.7. In addition to other equipment furnished to peace officers
within the Department of Corrections and the California Youth
Authority, the department and the California Youth Authority, in
accordance with the terms of a memorandum of understanding reached
pursuant to Section 3517.5, shall provide protective vests for peace
officers within the department and the California Youth Authority.
The protective vests shall be manufactured to specifications as
agreed to by the state employer and the employee representative after
consultation with appropriate state agencies. The protective vests
shall cover the entire torso of a peace officer and shall be designed
so that they are capable of protecting an officer against a knife
attack.
