BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 318| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: SB 318 Author: De León (D) Amended: As introduced Vote: 21 SENATE PUBLIC EMPLOY. & RETIRE. COMMITTEE : 5-0, 3/21/11 AYES: Negrete McLeod, Walters, Gaines, Padilla, Vargas SUBJECT : Civil service: rejected probationer: investigation SOURCE : California Association of Highway Patrolmen DIGEST : This bill allows rank and file Department of the California Highway Patrol (CHP) officers and cadets to have appeal rights before the State Personnel Board during the probationary period. ANALYSIS : Existing Law 1.Requires a probationary period when an employee enters civil service, under limited circumstances. 2.Defines "probationer" as an employee who has a probationary status. 3.Defines "probationary status" as the status of an employee who has been certified and appointed from an CONTINUED SB 318 Page 2 employment list, or has been reinstated after resignation, or has been transferred or demoted but has not completed the probationary period, as specified. 4.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 sufficient funds. 5.Allows rejections 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 the failure to demonstrate merit, efficiency, fitness and moral responsibility. 6.Allows the State Personnel Board 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. 7.Exempts state employees in Bargaining Unit 5 (California Association of Highway Patrolmen) from the right to appeal a rejection before the State Personnel Board during the probationary period. This bill removes the current exemption and allows 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 officers 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. FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local: No CONTINUED SB 318 Page 3 SUPPORT : (Verified 3/23/11) California Association of Highway Patrolmen (source) ARGUMENTS IN SUPPORT : According to the author's office, "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 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, the California Association of Highway Patrolmen, "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." CPM:cm 3/23/11 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED