BILL ANALYSIS Ó
AB 1395
Page 1
GOVERNOR'S VETO
AB 1395 (Swanson)
As Amended June 21, 2011
2/3 vote
-----------------------------------------------------------------
|ASSEMBLY: |70-0 |(May 12, 2011) |SENATE: |37-0 |(July 11, |
| | | | | |2011) |
-----------------------------------------------------------------
-----------------------------------------------------------------
|ASSEMBLY: |77-0 |(July 14, 2011) | | | |
-----------------------------------------------------------------
Original Committee Reference: P.E.,R & S.S.
SUMMARY : Requires all state agencies to post examination
announcements and job vacancies on the State Personnel Board
(SPB) Internet Web site and requires the names of laid off
employees in classifications that are limited to one department
or limited departments, as specified, to be place on general
employments lists in comparable statewide classifications.
The Senate amendments specify that the names will be removed
from the general employment lists after a period of five years,
consistent with the requirements of current law.
EXISTING LAW :
1)Requires state civil service positions to be filled based on
merit through a competitive examination process that is fair
and free from discrimination. The SPB or a designated
appointing power is required to advertise examinations for the
establishment of eligible lists within a reasonable time
before the scheduled date of the exam.
2)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 class, be placed on the appropriate
reemployment lists for that class. In addition, the
AB 1395
Page 2
Department of Personnel Administration is authorized to place
these names on the general reemployment list for any other
appropriate classes as the department determines.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the version approved by the Senate.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : According to supporters, "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."
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."
Supporters also state, "AB 1395 will help those state employees
affected by a layoff in a classification specific to one
department or class, by giving them the right to be on every
reemployment list throughout the state. Currently, state
agencies are not required to put the names of all laid-off
employees on their reemployment lists. In requiring the
departments and agencies to do so, there will be equanimity
among laid off state employees in their reemployment."
GOVERNOR'S VETO MESSAGE :
This measure requires all state agencies and
departments to post examination and vacancy
announcements on the State Personnel Board's website.
It also requires that the names of employees that are
AB 1395
Page 3
laid off from department specific job classifications
be placed on "comparable" statewide reemployment
lists.
While I support the author's intent to increase access
to state employment opportunities for laid off state
employees, this measure fails to provide adequate
protection against an unqualified employee being
misplaced on a comparable statewide list. Further, it
may delay the layoff process and reduce the
anticipated savings from future layoffs.
I note that state departments and agencies working in
conjunction with the Department of Personnel
Administration currently have the authority to work
collaboratively to designate comparable classes on a
case-by-case basis as part of layoff negotiations with
employees and their representatives. Further, I
encourage all parties to engage in this process
whenever possible during these difficult fiscal times
for the state, its employees and all Californians.
Analysis Prepared by : Karon Green / P.E., R. & S.S. / (916)
319-3957
FN:
0001750