BILL ANALYSIS Ó SB 318 Page 1 SENATE THIRD READING SB 318 (De León) As Amended May 2, 2011 Majority vote SENATE VOTE :37-0 PUBLIC EMPLOYEES 6-0 ----------------------------------------------------------------- |Ayes:|Furutani, Mansoor, Allen, | | | | |Harkey, Ma, Wieckowski | | | | | | | | ----------------------------------------------------------------- SUMMARY : Allows rank and file California Highway Patrol (CHP) officers and cadets to have appeal rights before the State Personnel Board (SPB) during the probationary period. EXISTING LAW : 1)Requires, under certain circumstances, a probationary period when an employee enters civil service. 2)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. 3)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. 4)Exempts state employees in Bargaining Unit (BU) 5 (Highway Patrol) from the right to appeal a rejection while on probation. FISCAL EFFECT : None COMMENTS : Currently, newly hired cadets and officers in BU 5 do not have probationer rights of appeal, while other current employees in Bargaining Unit 5 (i.e., uniformed officers and SB 318 Page 2 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. According to the author's office, "These appeal rights protect employees from unlawful termination especially during their probationary period. Currently all state employees except for rank and file CHP Officers and cadets can request that the SPB investigate the reason for their termination. 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." Analysis Prepared by : Karon Green / P.E., R. & S.S. / (916) 319-3957 FN: 0001223