BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1395|
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THIRD READING
Bill No: AB 1395
Author: Swanson (D)
Amended: 6/21/11 in Senate
Vote: 21
SENATE PUBLIC EMPLOYMENT & RETIRE. COMM. : 5-0, 6/13/11
AYES: Negrete McLeod, Walters, Gaines, Padilla, Vargas
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 70-0, 5/12/11 (Consent) - See last page
for vote
SUBJECT : Public employment
SOURCE : Service Employees International Union, Local
1000
DIGEST : This bill requires all state agencies to post
examination announcements and job vacancies on the State
Personnel Board Internet Web site. In addition, this bill
requires 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.
ANALYSIS :
Existing law:
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1. Requires state civil service positions to be filled
based on merit through a competitive examination process
that is fair and free from discrimination.
2. Requires the State Personnel Board (SPB) or a designated
appointing power to advertise examinations for the
establishment of eligible lists within a reasonable time
before the scheduled date of the exam.
3. Allows the creation of job "classifications" that define
employees' duties and requirements for employment.
4. 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.
5. 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.
This bill:
1. Requires the announcement of an examination be publicly
displayed on the internet website maintained by the SPB
with the following information:
A. The date and place of the examination.
B. The nature of the minimum qualifications.
C. The general scope of the examination.
D. The relative weight of its several parts if more
than one type of examination is to be used.
2. Requires that, when a vacancy in any position is to be
filled, the appointing agency advertise or announce the
vacancy on the Internet Web site maintained by the SPB
for a reasonable period of time.
3. 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
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be placed on general reemployment lists in comparable
statewide classifications.
4. Requires the removal of any name, after a period of five
consecutive years, from the reemployment lists for the
class unless the period of time is extended by action of
the SPB.
5. 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 EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 6/28/11)
Service Employees International Union, Local 1000 (source)
State Personnel Board
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 bill's sponsor, Service Employees
International Union, Local 1000, "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 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
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in one central location."
ASSEMBLY FLOOR : 70-0, 5/12/11
AYES: Achadjian, Allen, Ammiano, Atkins, Beall, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Chesbro, Cook, Davis, Dickinson, Donnelly, Eng,
Feuer, Fletcher, Fong, Fuentes, Furutani, Beth Gaines,
Galgiani, Gatto, Gordon, Grove, Hagman, Halderman, Hall,
Harkey, Hayashi, Hill, Huber, Hueso, Huffman, Jeffries,
Jones, Knight, Lara, Logue, Ma, Mansoor, Mendoza, Miller,
Monning, Morrell, Nestande, Nielsen, Norby, Olsen, Pan,
Perea, V. Manuel Pérez, Silva, Skinner, Smyth, Solorio,
Swanson, Valadao, Wagner, Wieckowski, Williams, Yamada,
John A. Pérez
NO VOTE RECORDED: Alejo, Cedillo, Conway, Garrick, Gorell,
Roger Hernández, Bonnie Lowenthal, Mitchell, Portantino,
Torres
CPM:mw 6/28/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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