BILL ANALYSIS Ó
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UNFINISHED BUSINESS
Bill No: SB 1309
Author: Negrete McLeod (D)
Amended: 8/13/12
Vote: 21
SENATE PUBLIC EMPLOY. & RETIRE.COMMITTEE : 4-0, 3/26/12
AYES: Negrete McLeod, Walters, Gaines, Vargas
NO VOTE RECORDED: Padilla
SENATE APPROPRIATIONS COMMITTEE : 7-0, 4/30/12
AYES: Kehoe, Walters, Alquist, Dutton, Lieu, Price,
Steinberg
SENATE FLOOR : 35-0, 5/3/12
AYES: Alquist, Berryhill, Blakeslee, Calderon, Corbett,
Correa, De León, DeSaulnier, Dutton, Emmerson, Evans,
Fuller, Gaines, Hancock, Harman, Hernandez, Huff, Kehoe,
La Malfa, Leno, Lieu, Liu, Lowenthal, Negrete McLeod,
Pavley, Price, Rubio, Steinberg, Strickland, Vargas,
Walters, Wolk, Wright, Wyland, Yee
NO VOTE RECORDED: Anderson, Cannella, Padilla, Runner,
Simitian
ASSEMBLY FLOOR : 79-0, 8/16/12 (Consent) - See last page
for vote
SUBJECT : Human resources: Governors Reorganization Plan
1
SOURCE : Department of Human Resources
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DIGEST : This bill makes conforming statutory changes to
assist in implementing the Governors Reorganization Plan
(GRP 1, 2011) to consolidate the Department of Personnel
Administration (DPA) and the administrative functions of
the State Personnel Board (SPB) into a single agency: the
Department of Human Resources (CalHR). The constitutional
autonomy of the governing body of the SPB with regard to
oversight of the merit principal and state civil service is
retained with that body.
Assembly Amendments prohibit a person from being
discriminated against in the terms, conditions, and
privileges of his/her employment with the state based on
his/her medical condition, mental disability, or physical
disability, as defined, and require the SPB, upon a finding
that discrimination has occurred, to order the appointing
authority to cause the discrimination to cease and desist,
as specified.
ANALYSIS :
Existing law:
1. Merges, effective July 1, 2012, the day-to-day staff
operations of the DPA and SPB organizations into a new,
consolidated agency, CalHR, and will result in
relocating the two former departments into a single
location (ideally by July 1, 2013).
2. Retains the independence and autonomy of the SPB with
regard to hearing matters related to the merit principle
for state civil service employees, as required in the
Constitution.
3. Requires that in the year following passage of a
Governor's Reorganization Plan, conforming statutory
changes be made as needed to implement the Plan.
This bill makes technical and non-controversial statutory
changes in order to implement GRP 1, 2011, as follows:
1. Clarifies that CalHR inherits DPA's powers and duties as
well as those necessary to operate the civil service
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system in accordance with the Constitution, merit
principle, and SPB rules.
2. Clarifies that the SPB will continue to hear cases and
prescribe rules consistent with the merit principle and
will conduct audits to ensure compliance with the merit
principle.
3. States that appointing powers in state agencies and
departments shall provide the SPB and CalHR with access
to records and prepare reports as needed to comply with
the SPB's authority over the merit system and CalHR's
oversight of non-merit personnel components.
4. Establishes audit authority for the SPB over personnel
practices delegated to departments relative to the merit
principle (e.g., exams, promotions, discipline) and
provides enforcement authority, including authority to
order remedies for department misconduct, loss of
departmental delegation over personnel, voided
appointments, and redirection of departmental authority
to CalHR to perform certain of the department's
personnel functions with compensation to CalHR for costs
related to assuming the those functions.
5. Clarifies that laws, programs and rules formerly under
the jurisdiction and administration of DPA and SPB shall
now be under the jurisdiction and administration of
CalHR.
6. Eliminates references and funding parameters for the
Human Resources Modernization project, which shall cease
to exist as an independent project.
7. Makes name changes and includes other technical clean-up
to the statutes governing programs formerly administered
by DPA and SPB.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee analysis:
Redirection of an existing 14 personnel years (PYs) to
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support the new audit function as follows:
Four PYs in the Policy Unit in the amount of $442,000
(General).
10 PYs in the Audit Unit in the amount of $1.266
million (General/Special, reimbursed from departments
that are audited).
The Department of Finance has identified total savings of
$8.6 million ($3.7 million General Fund) as a result of the
reorganization, mostly due to a 15% reduction in positions
equal to 60.5 PYs when the consolidation is complete. Most
reductions are expected to be achieved through vacancies
and attrition over the next few years. Additionally, 14
existing positions will be maintained to support the new
audit function created in this bill.
SUPPORT : (Verified 8/15/12)
Department of Human Resources (source)
Association of California State Employees with Disabilities
(if amended)
ARGUMENTS IN SUPPORT : According to the sponsor, GRP 1
(2011) merges DPA and the SPB into a single entity: the
CalHR. To be properly reflected in statute, the plan
requires many technical changes. While SB 1308 (Senate
Public Employment and Retirement Committee) contains many
of the changes, this bill includes technical "clean-up"
items not included in SB 1308.
The changes in this bill ensure that the SPB
non-constitutional functions transferred to CalHR are
reflected in statute, including oversight of bilingual and
interpreter services, administering exams and appointments,
ensuring employment forms comply with federal and state
laws, and responsibility over certain civil rights issues
(e.g., monitoring departments' Equal Employment Opportunity
program obligations).
This bill also contains language to ensure SPB preserves
its constitutional jurisdiction and independence,
specifying that its five-member board maintains oversight
and authority over the civil service merit system,
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disciplinary appeals process, and other constitutionally
defined duties.
ASSEMBLY FLOOR : 79-0, 08/16/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani,
Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell,
Grove, Hagman, Halderman, Hall, Harkey, Hayashi, Roger
Hernández, Hill, Huber, Hueso, Huffman, Jeffries, Jones,
Knight, Logue, Bonnie Lowenthal, Ma, Mansoor, Mendoza,
Miller, Mitchell, Monning, Morrell, Nestande, Nielsen,
Norby, Olsen, Pan, Perea, V. Manuel Pérez, Portantino,
Silva, Skinner, Smyth, Solorio, Swanson, Torres, Valadao,
Wagner, Wieckowski, Williams, Yamada, John A. Pérez
NO VOTE RECORDED: Lara
DLW:k 8/17/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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