BILL ANALYSIS Ó SENATE PUBLIC EMPLOYMENT & RETIREMENT BILL NO: SB 318 Gloria Negrete McLeod, Chair Hearing date: March 21, 2011 SB 318 (De León) as introduced 2/14/11 FISCAL: NO WOULD GRANT RIGHTS OF APPEAL TO MEMBERS OF BARGAINING UNIT 5 HISTORY : Sponsor: California Association of Highway Patrolmen (CAHP) Prior legislation: AB 3042 (Assembly PER&SS Committee) Chapter 150, Statutes of 2008 SUMMARY : Would allow rank and file California Highway Patrol (CHP) officers and cadets to have appeal rights before the State Personnel Board (SPB) during the probationary period. BACKGROUND AND ANALYSIS : 1)Existing law : a) requires a probationary period when an employee enters civil service, under limited circumstances; b) defines "probationer" as an employee who has a probationary status; c) defines "probationary status" as the status of an employee who has been certified and appointed from an employment list, or has been reinstated after resignation, or has been transferred or demoted but has not completed the probationary period, as specified; d) provides that tenure of civil service employment is subject to good behavior, efficiency, the necessity of the performance of the work, and the appropriation of Michael Bolden Date: 3/15/11 Page 1 sufficient funds; e) allows rejection of an employee during the probationary period by the appointing power for reasons relating to the probationer's qualifications; the good of the service; and failure to demonstrate merit, efficiency, fitness and moral responsibility; f) allows the SPB to investigate the reasons for rejection at the request of a rejected probationer, and either affirm or modify the action of the appointing power, including restoring the rejected probationer to the position from which he or she was rejected, and g) exempts state employees in Bargaining Unit 5 (California Association of Highway Patrolmen) from the right to appeal a rejection while on probation. 1)This bill : a) would remove the current exemption and allow rank and file CHP officers and cadets to have the same rights that apply to other state employees to appeal a rejection before the SPB during the probationary period. COMMENTS : Currently, newly hired cadets and officers in Bargaining Unit 5 do not have probationer rights of appeal, while other current employees in Bargaining Unit 5 (i.e., uniformed officers, and non-uniformed employees of the CHP) who have passed the initial-hire probationary status, but have since been promoted, have rights of appeal during the probationary period of a promotion. 1)Arguments in support According to the author: "These appeal rights protect employees from unlawful termination especially during their probationary period. The men and women of the CHP are not afforded this basic Michael Bolden Date: 3/15/11 Page 2 employment right and as a result are often left defenseless especially in cases when dismissal could arise due to discriminatory reasons." According to the sponsor: "Bargaining Unit 5 members are the only employees in state government who do not have appeal rights for a 'rejection during probation.' Uniformed CHP officers at other ranks, who promote and are rejected during probation from their new class, have appeal rights; non-uniformed employees of the CHP have appeal rights; employees in all twenty of the other bargaining units in state government have appeal rights, as do their associated supervisory and management classes." 2) SUPPORT : California Association of Highway Patrolmen (CAHP), sponsor 3) OPPOSITION : None to date ##### Michael Bolden Date: 3/15/11 Page 3