BILL NUMBER: AB 566 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 2, 2013
AMENDED IN SENATE JUNE 15, 2013
AMENDED IN ASSEMBLY MAY 24, 2013
AMENDED IN ASSEMBLY APRIL 15, 2013
AMENDED IN ASSEMBLY APRIL 2, 2013
INTRODUCED BY Assembly Member Wieckowski
(Coauthors: Assembly Members Alejo, Bocanegra, Chau, Dickinson,
Garcia, Gomez, Jones-Sawyer, Muratsuchi, Perea, 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 that trial court's employees, or that were performed or
customarily performed by that trial court's employees as of July 1,
2012. 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.
This bill would provide that these standards apply to 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 operative that does not
comply with these standards shall terminate 90 days after the date
this measure becomes operative, asspecified . The bill
would provide that its provisions do not apply to a contract under
specified circumstances, including when services are incidental to a
contract for the purchase or lease of real or personal property.
This bill would require each trial court to provide a report by
February 1, 2014, to the chairperson of the Joint Legislative Budget
Committee and the chairpersons of the Senate Judiciary Committee and
the Assembly Judiciary Committee if the trial court entered into a
contract between July 1, 2013, and the effective date of this measure
for services that were provided or are customarily provided by its
trial court employees if the contract has a term extending beyond
March 31, 2014. This report would be required to include specified
information relating to these contracts, including an analysis of
whether the contract resulted in the displacement of trial court
employees.
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 that trial court's employees,
or that were performed or customarily performed by that trial court's
employees as of July 1, 2012, 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.
(c) This section does not apply to a contract in any of the
following circumstances:
(1) The contract is between a trial court and another trial court
or a local government entity for services to be performed by
employees of the other trial court or employees of the local
government entity.
(2) The contract is for a new trial court function and the
Legislature has specifically mandated or authorized the performance
of the services by independent contractors.
(3) The services contracted for are of such a highly specialized
or technical nature that the necessary expert knowledge, experience,
and ability cannot be obtained from the court's trial court
employees.
(3)
(4) The services are incidental to a contract for the
purchase or lease of real or personal property. Contracts described
in this paragraph, known as "service agreements," shall include, but
not be limited to, agreements to service or maintain office equipment
or computers that are leased or rented. Contracts described in this
paragraph shall not include agreements to operate equipment or
computers.
(4)
(5) The legislative, administrative, or legal goals and
purposes cannot be accomplished through the utilization of trial
court employees because of the need to protect against a conflict of
interest or to ensure independent and unbiased findings in situations
where there is a clear need for an independent, outside perspective.
(5)
(6) Due to an emergency, a contract is necessary for
the immediate preservation of the public health, welfare, or safety.
(6)
(7) The contractor will conduct training courses for
which appropriately qualified trial court employee instructors are
not available from the court, provided that permanent instructor
positions shall be filled through the process for hiring trial court
employees.
(8) The services are of such an urgent, temporary, or occasional
nature that the delay incumbent in their implementation through the
process for hiring trial court employees would frustrate their very
purpose. This paragraph shall not apply to the services of official
court reporters.
SEC. 2. Section 1 of 71621 of the
Government Code, as added by Section 1 of this act ,
shall apply to 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. (a) Each trial court
shall provide a report by no later than February 1, 2014, to the
chairperson of the Joint Legislative Budget Committee and the
chairpersons of the Senate Judiciary Committee and Assembly Judiciary
Committee if the trial court entered into a contract between July 1,
2013, and the effective date of this act, for services that were
provided or are customarily provided by its trial court employees and
that contract has a term extending beyond March 31, 2014. The report
shall provide the following information for each of these contracts:
(1) A copy of the contract.
(2) An analysis of whether the contract would have been
permissible under the standards set forth in Section 71621 of the
Government Code, as added by Section 1 of this act.
(3) An analysis of whether the contract resulted in the
displacement of trial court employees.
(4) An analysis of whether the contract involves the use of
contractors to perform the type of services that were customarily
performed by trial court employees.
(b) It is the intent of the Legislature to consider the reduction
of future budget appropriations to each trial court by the amount of
any contract analyzed pursuant to subdivision (a) if the Legislature
concludes that the contract would not have been permissible under the
standards provided in Section 71621 of the Government Code, as added
by Section 1 of this act.
SEC. 3. SEC. 4. 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.