BILL NUMBER: AB 566	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 15, 2013
	AMENDED IN ASSEMBLY  APRIL 2, 2013

INTRODUCED BY   Assembly Member Wieckowski
   (Coauthors: Assembly Members  Alejo,  Chau, 
Dickinson,   Garcia,   Gomez,  
Jones-Sawyer,   Muratsuchi,  Rendon, Skinner, 
Stone,  and Williams)

                        FEBRUARY 20, 2013

   An act to add Section 71621 to the Government Code, relating to
courts.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 566, as amended, Wieckowski. Courts: personal services
contracting.
   The Trial Court Employment Protection and Governance Act
establishes a trial court employee personnel system that provides
authority to hire trial court personnel, regulates the classification
and compensation of trial court employees, labor relations, and
personnel files, and requires each trial court to establish a system
of employment selection and advancement and an employment protection
system.
   Existing law authorizes state agencies to use personal services
contracts to achieve cost savings if specified standards are
satisfied, including, among other things, the contract does not cause
the displacement of civil service employees and the contract is
awarded through a publicized, competitive bidding process. The State
Personnel Board is required to review a proposed contract upon the
request of an employee organization for compliance with those
standards.
   This bill would establish specified standards if a trial court
intends to enter into a new contract, or renew or extend an existing
contract, for any services that are currently or customarily
performed by trial court employees, or that were performed or
customarily performed by trial court employees at the time the
contract was originally entered into or previously renewed or
extended. Among other things, the bill would require the trial court
to clearly demonstrate that the contract will result in actual
overall cost savings to the trial court for the duration of the
entire contract as compared with the trial court's actual costs of
providing the same services. The bill would require a contract for
services in excess of $100,000 annually to include specific,
measurable performance standards and provisions for audits on
performance and cost savings, as specified. The bill would provide
that these standards apply to  contracts   any
contract  entered into, renewed, or extended after the effective
date of this measure, but that a contract entered into, renewed, or
extended by a trial court between the date this measure is enacted
and the date this measure becomes  effective  
operative  that does not comply with these standards shall
terminate 90 days after the date this measure becomes 
effective   operative  , as specified.
   The bill would provide that its provisions are severable.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 71621 is added to the Government Code, to read:

   71621.  (a) If a trial court intends to enter into a new contract,
or renew or extend an existing contract, for any services that are
currently or customarily performed by trial court employees, or that
were performed or customarily performed by trial court employees at
the time the contract was originally entered into or previously
renewed or extended, all of the following requirements shall apply:
   (1) The trial court shall clearly demonstrate that the contract
will result in actual overall cost savings to the trial court for the
duration of the entire contract as compared with the trial court's
actual costs of providing the same services. In comparing costs, all
of the following shall occur:
   (A) The trial court's additional cost of providing the same
services as proposed by the contract shall be included. These
additional costs shall include the salaries and benefits of
additional staff that would be needed and the cost of additional
space, equipment, and materials needed to perform the services.
   (B) The trial court's indirect overhead costs shall not be
included unless those costs can be attributed solely to the function
in question and would not exist if that function was not performed by
the trial court. For  the  purposes of this subparagraph,
"indirect overhead costs" means the pro rata share of existing
administrative salaries and benefits, rent, equipment costs,
utilities, and materials.
   (C) The cost of a contractor providing a service for any
continuing trial court costs that would be directly associated with
the contracted function shall be included. Continuing trial court
costs shall include, but not be limited to, costs for inspection,
supervision, and monitoring.
   (2) The contract shall not be approved solely on the basis that
savings will result from lower contractor pay rates or benefits.
Contracts shall be eligible for approval if the contractor's wages
are at the industry's level and do not undercut trial court pay
rates.
   (3) The contract shall not cause an existing trial court employee
to incur a loss of his or her employment or employment seniority, a
reduction in wages, benefits, or hours, or an involuntary transfer to
a new location requiring a change in residence.
   (4) The contract shall not be approved if, in light of the
services provided by trial courts and the special nature of the
judicial function, it would be inconsistent with the public interest
to have the services covered by the contract performed by a private
entity.
   (5) The contract shall be awarded through a publicized,
competitive bidding process.
   (6) The contract shall include specific provisions pertaining to
the qualifications of the staff that will perform the work under the
contract, as well as assurances that the contractor's hiring
practices meet applicable nondiscrimination standards.
   (7) The contract shall provide that it may be terminated at any
time by the trial court without penalty if there is a material breach
of the contract and notice is provided within 30 days of
termination.
   (8) If the contract is for services in excess of one hundred
thousand dollars ($100,000) annually, all of the following shall
occur:
   (A) The trial court shall require the contractor to disclose all
of the following information as part of its bid, application, or
answer to a request for proposal:
   (i) A description of all charges, claims, or complaints filed
against the contractor with a federal, state, or local administrative
agency during the prior 10 years.
   (ii) A description of all civil complaints filed against the
contractor in a state or federal court during the prior 10 years.
   (iii) A description of all state or federal criminal complaints or
indictments filed against the contractor, or any of its officers,
directors, or managers, at any time.
   (iv) A description of any debarments of the contractor by a public
agency or licensing body at any time.
   (B) The trial court shall include in the contract specific,
measurable performance standards and provisions for a performance
audit by the trial court, or an independent auditor approved by the
trial court, to determine whether the performance standards are being
met and whether the contractor is in compliance with applicable laws
and regulations. The trial court shall not renew or extend the
contract prior to receiving and considering the audit report.
   (C) The contract shall include provisions for an audit by the
trial court, or an independent auditor approved by the trial court,
to determine whether and to what extent the anticipated cost savings
have actually been realized. The trial court shall not renew or
extend the contract before receiving and considering the audit
report.
   (9) The term of the contract shall not be more than five years
from the date on which the trial court approves the contract.
   (b) This section does not preclude a trial court or the Judicial
Council from adopting more restrictive rules regarding the
contracting of court services.
  SEC. 2.  Section 1 of this act shall apply to  contracts
  any contract  entered into, renewed, or extended
after the effective date of this act. Any contract entered into,
renewed, or extended by a trial court between the date this act is
enacted and the date this act becomes operative that does not comply
with Section 1 of this act shall terminate 90 days after the date
this act becomes operative, unless the contract contains an earlier
termination date. The contract may be renewed or extended in
compliance with Section 1 of this act.
  SEC. 3.  The provisions of this act are severable. If any provision
of this act or its application is held invalid, that invalidity
shall not affect other provisions or applications that can be given
effect without the invalid provision or application.