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
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|Ayes:|Furutani, Mansoor, Allen, | | |
| |Harkey, Ma, Wieckowski | | |
| | | | |
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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