PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309) – Temporary, Part-Time or Substitute Employees

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Article VII, section 1 of the California Constitution states that the civil service includes every employee of the state "except as otherwise provided in this Constitution" and Article VII, section 4 lists thirteen specific exemptions; charging party was a temporary employee, which was not one of the specific exemptions. Therefore, charging party was a "state employee" for purposes of the Dills Act; pp. 4-5. Dills Act rights extend to "any civil service employee of the State," and does not expressly exclude temporary employees; therefore, Martin was a state employee under the Dills Act and PERB has jurisdiction over the case; pp. 7-8.