BILL ANALYSIS Ó
SENATE PUBLIC EMPLOYMENT & RETIREMENT BILL NO: AB 1395
Gloria Negrete McLeod, Chair Hearing date: June 13, 2011
AB 1395 (Swanson) as amended 4/14/11 FISCAL: YES
STATE PUBLIC EMPLOYMENT: PUBLIC NOTICE OF EMPLOYMENT
EXAMINATION AND LISTS
HISTORY :
Sponsor: Service Employees International Union (SEIU),
Local 1000
Prior legislation: None
ASSEMBLY VOTES :
PER & SS 4-0 4/13/11
Appropriations 17-0 5/04/11
Assembly Floor 70-0 5/12/11
SUMMARY :
This bill would require all State agencies to post
examination announcements and job vacancies on the State
Personnel Board (SPB) internet website. In addition, this
bill would require the names of laid off employees in
classifications that are limited to one department or limited
departments, as specified, to be placed on general employment
lists in comparable statewide classifications.
BACKGROUND AND ANALYSIS :
1)Existing law :
a) requires state civil service positions to be filled
based on merit through a competitive examination process
that is fair and free from discrimination;
b) requires the State Personnel Board (SPB) or a
designated appointing power to advertise examinations
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for the establishment of eligible lists within a
reasonable time before the scheduled date of the exam;
c) allows the creation of job "classifications" that
define employees' duties and requirements for
employment;
d) requires that the names of state civil service
employees who are to be laid off, or who elect to be
demoted in lieu of layoff from a specific
classification, be placed on the appropriate
reemployment lists for that classification, and
e) authorizes the Department of Personnel Administration
(DPA) to place these names on the general reemployment
lists for any other appropriate classification as
determined by the employee's department.
2)This bill :
a) requires the announcement of an examination be
publicly displayed on the internet website maintained by
the SPB with the following information:
i) the date and place of the examination;
ii) the nature of the minimum qualifications;
iii) the general scope of the examination, and
iv) the relative weight of its several parts if more
than one type of examination is to be used.
b) requires that when a vacancy in any position is to be
filled, that the appointing agency advertise or announce
the vacancy on the internet website maintained by the
SPB for a reasonable period of time;
c) requires that whenever layoffs or demotions affect
employees in classifications with a limited or
parenthetical class code used in limited departments,
the names of those laid off or demoted employees are to
be placed on general reemployment lists in comparable
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Date: 6/08/11 Page 2
statewide classifications;
d) requires that employee names must remain on
reemployment lists for a reasonable time, and
e) specifies that if the provisions of this bill are in
conflict with a Memorandum of Understanding (MOU), the
MOU will be controlling, as specified.
FISCAL:
According to the Assembly Appropriations Committee, this bill
would create negligible costs to the SPB and DPA.
COMMENTS :
1)Arguments in Support
According to the author:
"Although the layoff process in the Government Code
recognizes years of state service as a key factor in
layoffs and reemployment rights, the proliferation of
department-specific and 'parenthetical' classifications
in recent years has reduced the importance of state
service as a factor and has reduced the likelihood of a
laid-off employee being hired."
According to the sponsor:
"In the past, state agencies could opt out of having
vacancies posted on the SPB website and many did.
Posting these openings on one website will make it
easier for those applying for state employment to search
for available positions. This bill will also level the
playing field for state employees seeking employment in
other California state agencies."
Other supporters state:
"Currently, departments can voluntarily post their
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examinations and job openings on SPB's website at
www.jobs.ca.gov . By mandating that departments use
SPB's website for examination and job openings, this
bill will help to ensure that all state examinations and
job openings are accessible to job seekers in one
central location."
2) SUPPORT :
Service Employees International Union (SEIU), Local
1000, Sponsor
State Personnel Board (SPB)
3) OPPOSITION :
None to date
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Date: 6/08/11 Page 4