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 


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