BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 318|
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UNFINISHED BUSINESS
Bill No: SB 318
Author: De León (D)
Amended: 5/2/11
Vote: 21
SENATE PUBLIC EMPLOY. & RETIRE. COMMITTEE : 5-0, 3/21/11
AYES: Negrete McLeod, Walters, Gaines, Padilla, Vargas
SENATE FLOOR : 37-0, 3/29/11
AYES: Alquist, Anderson, Berryhill, Cannella, Corbett,
Correa, De León, DeSaulnier, Dutton, Emmerson, Evans,
Gaines, Hancock, Harman, Hernandez, Huff, Kehoe, La
Malfa, Leno, Lieu, Liu, Lowenthal, Negrete McLeod,
Padilla, Pavley, Price, Rubio, Runner, Simitian,
Steinberg, Strickland, Vargas, Walters, Wolk, Wright,
Wyland, Yee
NO VOTE RECORDED: Blakeslee, Calderon, Fuller
ASSEMBLY FLOOR : 70-5, 6/13/11 - See last page for vote
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.
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Assembly Amendments delete language in another section of
current law regarding the process to be followed for the
rejection of a probationer in State Bargaining Unit 5
(CHP).
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
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.Requires the State Personnel Board (SPB) to prescribe
rules regarding the time in which a probationer may be
rejected and take certain actions in an investigation of
the reasons for that rejection.
7.Exempts employees of State Bargaining Unit 5, the
California Association of Highway Patrolmen, from these
rules and actions of the SPB, as specified.
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
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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
SUPPORT : (Verified 6/14/11)
California Association of Highway Patrolmen (source)
State Personnel Board
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."
ASSEMBLY FLOOR : 70-5, 6/13/11
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
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Cedillo, Chesbro, Conway, Cook, Davis, Dickinson, Eng,
Feuer, Fletcher, Fong, Fuentes, Furutani, Galgiani,
Garrick, Gatto, Gordon, Halderman, Hall, Harkey, Hayashi,
Roger Hernández, Hill, Huber, Hueso, Huffman, Jeffries,
Jones, Knight, Lara, Logue, Bonnie Lowenthal, Ma,
Mansoor, Miller, Mitchell, Monning, Morrell, Nestande,
Olsen, Pan, Perea, V. Manuel Pérez, Portantino, Skinner,
Smyth, Solorio, Swanson, Torres, Valadao, Wagner,
Wieckowski, Williams, Yamada, John A. Pérez
NOES: Donnelly, Beth Gaines, Grove, Norby, Silva
NO VOTE RECORDED: Carter, Gorell, Hagman, Mendoza, Nielsen
CPM:cm 6/14/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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