AB 757, as introduced, Roger Hernández. Department of Parks and Recreation: regulations.
Existing law provides that state agencies, as defined, comply with statutes and regulations governing various aspects of their operation, including the adoption of policies and regulations, hiring, transactions, and compensation.
This bill would require the Department of Parks and Recreation to adopt regulations by July 31, 2014, that would address specified issues regarding the approval and tracking of employees working in out-of-class assignments as identified in an audit by the Controller, and report to the Legislature.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 11016.7 is added to the Government
2Code, to read:
(a) (1) The Department of Parks and Recreation
4shall, by July 1, 2014, adopt regulations implementing, to the
5extent practicable, policy recommendations in subdivision (b) as
P2 1emergency regulations in accordance with the Administrative
2Procedure Act (Chapter 3.5 (commencing with Section 11340) of
3Part 1 of Division 3 of Title 2 of the Government Code). For the
4purposes of the Administrative Procedure Act, the adoption of the
5regulations shall be deemed an emergency and necessary for the
6immediate preservation of the public peace, health and safety, or
7general welfare. Notwithstanding Chapter 3.5 (commencing with
8Section 11340) of Part 1 of Division 3 of Title 2 of the Government
9Code, these emergency regulations shall not be subject to the
10review and approval of the Office of
Administrative Law.
11(2) Notwithstanding subdivision (h) of Section 11346.1 and
12Section 11349.6 of the Government Code, the department shall
13 transmit these regulations directly to the Secretary of State for
14filing. The regulations shall become effective immediately upon
15filing by the Secretary of State.
16(3) Except as otherwise provided for by Section 10554, the
17Office of Administrative Law shall provide for the printing and
18publication of these regulations in the California Code of
19Regulations.
20(b) The Controller listed the following policy suggestions
21regarding compensation for employees working in out-of-class
22assignments in its audit of the Department of Parks and Recreation
23dated December 18, 2012:
24(1) All of the out-of-class assignments should be
forwarded to
25the Classification and Pay Unit of the department for approval.
26The Transactions Unit of the department should ensure that all of
27the proper approvals are obtained before entering assignments into
28the payroll system. Approvals should occur before the assignment
29start date.
30(2) The Classification and Pay Unit of the department should
31review bargaining unit contracts before approval of the out-of-class
32assignment to ensure that compensation is not paid beyond the end
33of an assignment period or that compensation does not exceed 120
34days within 12 consecutive months or 365 days, or both, depending
35on the employee’s classification.
36(3) The justification documentation or approval sheet, or both,
37should include language stating that approval for managers to
38receive out-of-class assignments occurs only after the manager
39already has worked out of class for 90 days.
P3 1(4) The Transactions Unit of the department should provide
2training to staff to ensure that they are aware that out-of-class pay
3should be adjusted for employees on nonindustrial disability
4insurance.
5(5) The Transactions Unit managers or supervisors of the
6department should provide tools and training to staff to ensure that
7payment calculations are calculated correctly. The calculation
8should be adequately documented using a state form STD 671 and
9a legible calculation sheet.
10(6) The department’s Internal Audit Unit should conduct regular
11reviews of out-of-class assignments to determine whether the
12assignments are in accordance with state law, bargaining unit
13agreements, and department policies.
14(7) The Department of Parks and Recreation should seek
15
reimbursement from employees who received out-of-class
16payments to which they were not lawfully entitled.
17(c) (1) The Department of Parks and Recreation shall report on
18the regulations adopted pursuant to this section to the Legislature
19on or before July 31, 2014.
20(2) The report shall be submitted in compliance with Section
219795.
22(d) This section shall remain in effect only until December 31,
232014, and as of that date is repealed, unless a later enacted statute,
24that is enacted before December 31, 2014, deletes or extends that
25date.
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