IHSS Community User Support

All you need to do is write, quote MMBA NOA and other laws as applicable, use and require written methods of communications, keep copies, and mail using certified proof of delivery to force government compliance, as required by law. You opt out of formal due process if you use other methods. 

MMBA ~ How to write to quote laws and force due process, truthful and written response from government agencies and officials.

 

PERB MMBA FAQ  
Help with pass-through entity elective tax Frequently asked questions
https://www.ftb.ca.gov/file/business/credits/pass-through-entity-elective-tax/help.html

 

The Public Employment Relations Board (PERB) is a quasi-judicial agency which oversees public sector collective bargaining in California.PERB administers the collective bargaining statutes, ensures their consistent implementation and application, and adjudicates disputes between the parties subject to them.

The statutes administered by PERB are:
https://perb.ca.gov/laws-and-regulations/

 

Make / force any government official to tell the truth, write what they say or change or instruct, or require formally on record by quoting the "MMBA" CHAPTER 10. MEYERS-MILIAS-BROWN ACT (YOUR RIGHT TO WRITTEN REPLY from Gov Officials) (PERB LOCAL PUBLIC EMPLOYEE ORGANIZATIONS. (3 min learning time).
 

All users of benefits should have a NOTICE of ACTION NOA showing how their income was counted as earned or unearned or 2014-7 exempt towards eligibility and share of cost.
Unfortunately, most government agencies try to notify informally and that means there is not documentation or clarification. Use formal written methods and appeal if necessary.

 

COPY PASTE THE SENTENCE QUOTED AND GOVERNMENT LINKS PROVIDED BELOW. “I request formal process and notifications, as Brown act requires. DOL Dept . of Labor, MMBA to force formal compliance of law, formal process, and policy and procedure, in fact, and document on the government database, and matching notice of action NOA or instructions mailed as required, within a reasonable time frame such as 10 business days, notice of approval, denial, or reason for delays.”​

 

“Quoting the “MMBA” or Brown Act is a critically important and versatile resource/tool to force the official to tell the truth, for the record.

 

Learning HOW to quote and use this federal right is so important, so please share and help spread awareness.  
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Note from page admins and exempt expert: “Learn to quote the MMBA like a Champ, in writing and avoid informal verbal communications for best results quote the Meyers-Milias-Brown Act (MMBA), aka the Brown Act.

(you can say “MMBA mail that to me” but it’s best to write when dealing in business and especially when communicating with government officials. You see the officials know how to deny your due process if you do not use forms and letters and require formal processing and formal responses.
Don’t OVERLOOK the power and protections of your federal rights.

I found the MMBA because PERB (Public Employment Relations Board state officer) kindly explained to me to file my report indicating both IHSS Employer Relations Act ERA and the MMBA check box of the report form, and how to teach others how to force compliance.
Next I find the definition of the ERA. Laws to aid in communication between employers and employees? Is it law the officials must answer our questions relating to employment and the recipient as dual employer, and how? These laws may be important, so you can help us to learn more. PERB days they are the IHSS enforcer ...report your IHSS, and union complaints to PERB too, if you wish. See notes tab, linked to top page cover photo.

 

Laws - CHAPTER 10 MEYERS-MILIAS-BROWN ACT LOCAL PUBLIC EMPLOYEE ORGANIZATIONS, As of January 1, 2013 Purpose and intent” - Update .. turns out quoting the MMBA is critical to force compliance of the non-compliant officials regarding the exempt gov. scam and our success to force and reform the socials services, section 8 HUD housing, and even the union! Learn more by our trusted community of volunteers just like you, that are helping to end the confusion. The officials are not supposed to lie, and a few tips makes a world of difference. Thank you for helping, and trusting the IHSS page. Using this tip we have won unprecedented national victories”

Government Source PERB EMPLOYMENT RELATIONS BOARD:
http://www.perb.ca.gov/laws/statutes.aspx#ST3500

 

MMBA CHAPTER 10.
MEYERS-MILIAS-BROWN ACT (YOUR RIGHT TO WRITTEN REPLY from Government Officials
.. must reply formally, if requested. (LOCAL PUBLIC EMPLOYEE ORGANIZATIONS.)

 

(a) It is the purpose of this chapter to promote full communication between public employers and their employees by providing a reasonable method of resolving disputes regarding wages, hours, and other terms and conditions of employment between public employers and public employee organizations. It is also the purpose of this chapter to promote the improvement of personnel management and employer-employee relations within the various public agencies in the State of California by providing a uniform basis for recognizing the right of public employees to join organizations of their own choice and be represented by those organizations in their employment relationships with public agencies.

Nothing contained herein shall be deemed to supersede the provisions of existing state law and the charters, ordinances, and rules of local public agencies that establish and regulate a merit or civil service system or which provide for other methods of administering employer-employee relations nor is it intended that this chapter be binding upon those public agencies that provide procedures for the administration of employer-employee relations in accordance with the provisions of this chapter. This chapter is intended, instead, to strengthen merit, civil service and other methods of administering employer-employee relations through the establishment of uniform and orderly methods of communication between employees and the public agencies by which they are employed.

 

(b) The Legislature finds and declares that the duties and responsibilities of local agency employer representatives under this chapter are substantially similar to the duties and responsibilities required under existing collective bargaining enforcement procedures and therefore the costs incurred by the local agency employer representatives in performing those duties and responsibilities under this chapter are not reimbursable as state-mandated costs.

 

3500.5 Short title

 

This chapter shall be known and may be cited as the "Meyers-Milias-Brown Act."

 

3501. Definitions

 

As used in this chapter:

 

(a) "Employee organization" means either of the following:

 

(1) Any organization that includes employees of a public agency and that has as one of its primary purposes representing those employees in their relations with that public agency.

 

(2) Any organization that seeks to represent employees of a public agency in their relations with that public agency.

 

(b) "Recognized employee organization" means an employee organization which has been formally acknowledged by the public agency as an employee organization that represents employees of the public agency.

 

(c) Except as otherwise provided in this subdivision, "public agency" means every governmental subdivision, every district, every public and quasi-public corporation, every public agency and public service corporation and every town, city, county, city and county and municipal corporation, whether incorporated or not and whether chartered or not. As used in this chapter, "public agency" does not mean a school district or a county board of education or a county superintendent of schools or a personnel commission in a school district having a merit system as provided in Chapter 5 (commencing with Section 45100) of Part 25 and Chapter 4 (commencing with Section 88000) of Part 51 of the Education Code or the State of California.

 

(d) "Public employee" means any person employed by any public agency, including employees of the fire departments and fire services of counties, cities, cities and counties, districts, and other political subdivisions of the state, excepting those persons elected by popular vote or appointed to office by the Governor of this state.

 

(e) "Mediation" means effort by an impartial third party to assist in reconciling a dispute regarding wages, hours and other terms and conditions of employment between representatives of the public agency and the recognized employee organization or recognized employee organizations through interpretation, suggestion and advice.

 

(f) "Board" means the Public Employment Relations Board established pursuant to Section 3541.

 

3501.5. Public agency

 

As used in this chapter, "public agency" does not mean a superior court.

 

3502. Right to join or abstain; individual representation

 

Except as otherwise provided by the Legislature, public employees shall have the right to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations. Public employees also shall have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the public agency.

 

3502.1. Exercise of lawful action as elected, appointed or recognized representative of any employee bargaining unit

 

No public employee shall be subject to punitive action or denied promotion, or threatened with any such treatment, for the exercise of lawful action as an elected, appointed, or recognized representative of any employee bargaining unit.

 

3502.5. Agency shop agreements; payments in lieu of dues or fees; rescission; application; records

 

(a) Notwithstanding Section 3502, any other provision of this chapter, or any other law, rule, or regulation, an agency shop agreement may be negotiated between a public agency and a recognized public employee organization that has been recognized as the exclusive or majority bargaining agent pursuant to reasonable rules and regulations, ordinances, and enactments, in accordance with this chapter. As used in this chapter, “agency shop” means an arrangement that requires an employee, as a condition of continued employment, either to join the recognized employee organization or to pay the organization a service fee in an amount not to exceed the standard initiation fee, periodic dues, and general assessments of the organization.

 

(b) In addition to the procedure prescribed in subdivision (a), an agency shop arrangement between the public agency and a recognized employee organization that has been recognized as the exclusive or majority bargaining agent shall be placed in effect, without a negotiated agreement, upon (1) a signed petition of 30 percent of the employees in the applicable bargaining unit requesting an agency shop agreement and an election to implement an agency fee arrangement, and (2) the approval of a majority of employees who cast ballots and vote in a secret ballot election in favor of the agency shop agreement. The petition may be filed only after the recognized employee organization has requested the public agency to negotiate on an agency shop arrangement and, beginning seven working days after the public agency received this request, the two parties have had 30 calendar days to attempt good faith negotiations in an effort to reach agreement. An election that may not be held more frequently than once a year shall be conducted by the California State Mediation and Conciliation Service in the event that the public agency and the recognized employee organization cannot agree within 10 days from the filing of the petition to select jointly a neutral person or entity to conduct the election. In the event of an agency fee arrangement outside of an agreement that is in effect, the recognized employee organization shall indemnify and hold the public agency harmless against any liability arising from a claim, demand, or other action relating to the public agency’s compliance with the agency fee obligation.

 

(c) An employee who is a member of a bona fide religion, body, or sect that has historically held conscientious objections to joining or financially supporting public employee organizations shall not be required to join or financially support a public employee organization as a condition of employment. The employee may be required, in lieu of periodic dues, initiation fees, or agency shop fees, to pay sums equal to the dues, initiation fees, or agency shop fees to a nonreligious, nonlabor charitable fund exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, chosen by the employee from a list of at least three of these funds, designated in a memorandum of understanding between the public agency and the public employee organization, or if the memorandum of understanding fails to designate the funds, then to a fund of that type chosen by the employee. Proof of the payments shall be made on a monthly basis to the public agency as a condition of continued exemption from the requirement of financial support to the public employee organization.

 

(d) An agency shop provision in a memorandum of understanding that is in effect may be rescinded by a majority vote of all the employees in the unit covered by the memorandum of understanding, provided that: (1) a request for that type of vote is supported by a petition containing the signatures of at least 30 percent of the employees in the unit, (2) the vote is by secret ballot, and (3) the vote may be taken at any time during the term of the memorandum of understanding, but in no event shall there be more than one vote taken during that term. Notwithstanding the above, the public agency and the recognized employee organization may negotiate, and by mutual agreement provide for, an alternative procedure or procedures regarding a vote on an agency shop agreement. The procedures in this subdivision are also applicable to an agency shop agreement placed in effect pursuant to subdivision (b).

 

(e) An agency shop arrangement shall not apply to management employees.

 

(f) A recognized employee organization that has agreed to an agency shop provision or is a party to an agency shop arrangement shall keep an adequate itemized record of its financial transactions and shall make available annually, to the public agency with which the agency shop provision was negotiated, and to the employees who are members of the organization, within 60 days after the end of its fiscal year, a detailed written financial report thereof in the form of a balance sheet and an operating statement, certified as to accuracy by its president and treasurer or corresponding principal officer, or by a certified public accountant. An employee organization required to file financial reports under the federal Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. Sec. 401 et seq.) covering employees governed by this chapter, or required to file financial reports under Section 3546.5, may satisfy the financial reporting requirement of this section by providing the public agency with a copy of the financial reports.

 

3503. Representation of members; membership admission and dismissal regulation; right of personal appearance

 

Recognized employee organizations shall have the right to represent their members in their employment relations with public agencies. Employee organizations may establish reasonable restrictions regarding who may join and may make reasonable provisions for the dismissal of individuals from membership. Nothing in this section shall prohibit any employee from appearing in his own behalf in his employment relations with the public agency.

 

3504. Scope of representation

 

The scope of representation shall include all matters relating to employment conditions and employer-employee relations, including, but not limited to, wages, hours, and other terms and conditions of employment, except, however, that the scope of representation shall not include consideration of the merits, necessity, or organization of any service or activity provided by law or executive order.

 

3504.5. Notice of proposed act relating to matters within scope of representation; meeting; emergencies

 

(a) Except in cases of emergency as provided in this section, the governing body of ... (please follow links for more details.

 

Government Source PERB EMPLOYMENT RELATIONS BOARD:
http://www.perb.ca.gov/laws/statutes.aspx#ST3500
 

NOA Notice of Action Law:

Notice of Action
http://www.cdss.ca.gov/inforesources/calfresh-resource-center/policy-interpretations/notice-of-action

 

Notices of Action

Forms and Brochures 
Info Sources Notice of Action 

http://www.cdss.ca.gov/inforesources/forms-brochures/notices-of-action

 

NOTICE of Interest for the IHSS community.
Article 10, Section 7 – Transitional Medi-Cal (TMC) Income
http://hhsa-pg.sdcounty.ca.gov/MediCAL/10/Section_7/Section_7_TMC_Income.htm
 

Notice of Action Documents

https://www.cdss.ca.gov/inforesources/forms-brochures/notices-of-action

 

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Related information:

 

See below, for more details and related information to help translate the legal language as applies to IHSS providers and recipients, and authorized representatives, and the pubic. SHARE this information, and help to protect and empower others. Thanks!

 

Remember, when we opt to use informal verbal methods of communication, the gov officials strip us of many rights to due process, truth, and written documentation on the records for future reference as is our right under the law, so the government officials are unable to verbally deny the well qualified without due process and written notice of action of acceptance or denial, including detailed reasons why and codes of law and regulation, so we can check for error and appeal. by using formal written methods, with gov forms when possible, formal due process and written mailed notification is required by law without question. This is your right, and not a request, to clarify.
 

The CDSS illegally denies due process and also hides the forms and instructions you'll need, so we've collected the documents, government sources, and everything you'll need to write and force compliance of law and regulation at any government agency.

Re Employee tax oblations and options, for all providers:
The IHSS or employers are not allow to provide tax forms or advise or interfere with employee tax preparation.

The IHSS may provide the IRS W4 forms. but must not advise employees/providers HOW to file IRS W4 forms because it's not legal for employers or government officials to advise or interfere in employee tax preparation. A very good law.
It's one thing to know the law, and be able to quote the law, and use as evidence, but using the MMBA and NOA
is the solution to most problems and injustices and it's free!  
 

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MMBA CHAPTER 10. MEYERS-MILIAS-BROWN ACT (YOUR RIGHT TO WRITTEN REPLY from Gov Officials)
(LOCAL PUBLIC EMPLOYEE ORGANIZATIONS.
 

Remember the IHSS provider's job is to protect and support the recipient. The exemption allowances are the right of the live in disabled recipient, and NOT a labor issue. It's a disability rights issue! The benefits the live in provider is paid is not EARNED INCOME.

Very similar to Social Security and other exempt and excluded payments to the disabled. The provider would not have a live in job if not for the benefits of the live in recipient.
 

The live in recipient's rights must be protected by the government, as ordered by IRS, state and federal law, and written or posted on website of the agencies individual income requirements.
 

Government officials must reply in writing regarding changes. It is your federal right to request and receive written explanation in full detail, within a "reasonable amount of time" generally 10 business days, unless otherwise stated.
 

For example. If the government official calls and tells you verbally (or in person) that your EXEMPT LIVE IN IHSS income is being counted as EARNED income, and therefore exceeds the income limit to qualify for benefits, or creates a higher share of cost. And then later, when your mailed written notice comes, in the mail, but the word EXEMPT has been left out by the officials.
 

This means the provider and recipient have no written evidence that officials denied their rights to federal exempt income status.

You may write the gov agency and include cc to PERB and include the MMBA law demands they write every detail they said verbally.

The provider may also record the government official with advance notice and it is legal to record police and government officials while on duty for used to report to supervisors, and authorities, and usually allowable as admissible evidence to litigation, hearings, appeals, etc.
 

PERB MMBA FAQ https://perb.ca.gov/about/faq-about-perb/?fbclid=IwAR08NA0lLKNNENtJ_MzDbrrZjbw2gHyJOq6wHo5TJ9FPEm5Frz1P5bxkvBs

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>MMBA Article 10 http://www.leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=4.&title=1.&part=&chapter=10.&article=

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 Source: GOVT.WESTLAW.COM

View Document - California Code of Regulations