BILL ANALYSIS Ó AB 1062 Page 1 Date of Hearing: April 10, 2013 ASSEMBLY COMMITTEE ON PUBLIC EMPLOYEES, RETIREMENT AND SOCIAL SECURITY Rob Bonta, Chair AB 1062 (Jones-Sawyer) - As Introduced: February 22, 2013 SUBJECT : Human resources. SUMMARY : Makes further clarification to the authority of the Department of Human Resources (CalHR) resulting from the merger of the State Personnel Board (SPB) and the Department of Personnel Administration (DPA) initiated in the Governor's Reorganization Plan of 2011 (GRP 1) and updates civil service statutes to reflect modern processes and promote greater efficiency. Specifically, this bill : 1)Clarifies and streamlines provisions requiring state agencies to conduct a language survey every two years to determine the number of employees needed to provide services to non-English speaking people. Transfers the management of this program from SPB to CalHR. 2)Enables CalHR to follow the same regulation adoption process as used by SPB to implement the CalHR statutes including those formerly administered by SPB. 3)Clarifies that SPB's authority is granted to them by the California Constitution. 4)Deletes and clarifies references to "board" where functions have moved from SPB to CalHR, changes references to DPA to CalHR, and clarifies responsibilities between SPB and CalHR in numerous sections. 5)Deletes authority given to SPB to define "month" or "calendar month" since the authority is unnecessary and now managed by CalHR. 6)Updates and broadens the definition of "career executive assignment". 7)Simplifies and clarifies the rules governing service of notice to employees in certain personnel actions, including disciplinary action and medical actions. AB 1062 Page 2 8)Repeals the requirement that SPB secure offices in Sacramento. The Committee is informed that his requirement will be amended back into the bill. 9)Clarifies provisions governing SPB's ability to audit departments for civil service compliance and to order remedies, as specified. 10)Deletes a special reference in the provisions governing SPB hearing authority related to State Bargaining Unit (BU) 5 because it is outdated and no longer necessary. 11)Changes the term "petition" to "appeal" in provisions establishing the time frames for hearing appeals and provides a six month period for SPB to issue a decision. 12)Clarifies provisions governing the issuance of subpoenas and subpoenas duces tecum and payment of fees and mileage to subpoenaed witnesses. 13)Deletes provisions granting authority to SPB define the term "salary step" since this authority in now resides with CalHR. 14)Clarifies CalHR's authority to audit departments to ensure examinations are conducted properly. 15)Authorizes CalHR to require certain documentation in order to establish an applicant's qualification for an examination and, whenever the law requires that an applicant for a peace officer position be free from emotional and mental impairment, to require the department or designated appointing authority to undertake the screening subject to the applicant's right to appeal to SPB. 16)Clarifies application filing requirements to reflect that electronic filing of examination applications is allowed. 17)Clarifies provisions allowing CalHR or a designated appointing power to refuse to examine, refuse to declare eligible, or to withhold or withdraw from an eligibility list, anyone who, among other things, was found to be unsuited or not qualified for employment, as specified. 18)Clarifies that CalHR, and any designated appointing power, is AB 1062 Page 3 required to permit post-examination inspection for all written test competitors. 19)Broadens provisions requiring examination accommodations for a disability or any sincerely held religious belief pursuant to the Fair Employment or House Act or any other applicable law. 20)Clarifies that CalHR shall also encourage promotional advancement of state employees, as specified. 21)Extends from 15 to 90 days the period of time in which no petition for discovery may be filed prior to the date set for the start of the administrative hearing. 22)Requires that SPB provide each party with a copy of a proposed administrative law judge decision within 10 days after SPB has adopted, modified, rejected, or remanded the proposed decision rather than within 10 days of the proposed decision being filed with SPB as required by current law. 23)Deletes provisions related specifically to BU 5's ability to file charges since the provisions are outdated and no longer necessary. 24)Extends from 60 days to 90 days the period of time in which SPB has after receiving notice of petition rehear an issue to decide whether to grant or deny the petition in whole or in part. 25)Requires that a petition for a writ challenging a SPB decision must be filed within six months of the date of the final SPB decision. 26) Authorizes CalHR, in addition to the appointing power and the executive director of SPB, to file charges against a state employee who violates specified state civil service provisions. 27)Clarifies responsibilities between SPB and CalHR with regard to provisions governing the rights and benefits that accrue to civil service employees during and after leave for military service. 28)Allows CalHR to post on its public Internet web site a census AB 1062 Page 4 report that is currently required to be submitted to the Governor, the Legislature, and the Department of Finance (DOF) in writing. 29)Clarifies the duties of the Director of CalHR. 30)Clarifies the duties of the chief counsel of CalHR. 31)Deletes provisions associated with the initial establishment of DPA since they are obsolete and no longer necessary. 32)Authorizes CalHR to take corrective action, as specified, when it discovers that an appointed power has allocated positions inappropriately. If an appointing authority's allocation authority is revoked, DOF is authorized to transfer a sufficient number of personal from the appointing power to the department to perform the previously delegated work. 33)Deletes provisions requiring appointments to career executive assignments to be based on a competitive examination of persons in the civil service to instead require that eligibility for appointment in the class of career executive category be limited to persons in the civil service who meet the minimum qualifications established for the class. 34)Clarifies provisions governing career executive assignments. 35)Amends provisions of the Penal Code to transfer authority for psychological screening of correctional peace officers from SPB to CalHR. EXISTING LAW : 1)Empowers the Governor to reorganize state organizations to achieve greater efficiency with the limitation that the reorganization may not transfer jurisdiction or any function conferred by the California Constitution on an agency created by the Constitution. 2)GRP 1 created CalHR to consolidate all functions of the former DPA with the non-constitutional functions of the SPB effective July 1, 2012. 3)Specifies, per the California Constitution, the SPB, "Shall enforce the civil service statutes and, by majority vote of AB 1062 Page 5 all its members, shall prescribe probationary period and classifications, adopt other rules authorized by statute, and review disciplinary actions." SPB is empowered to appoint an Executive Director who shall administer the civil service statutes and rules of the board." All other personnel functions are left to CalHR. FISCAL EFFECT : Unknown. COMMENTS : GRP 1 and companion measures, SB 1308 (PE&R Committee), Chapter 665, Statutes of 2012 and SB 1309 (Negrete McLeod), Chapter 360, Statutes of 2012, streamlined personnel management duties between the new CalHR and the SPB but some of the statutes describing civil service operating authority were missed in the 2012 clean-up legislation. This bill makes technical amendments to the Civil Service Act and one related Penal Code provision (regarding psychological screening of peace officers) to clarify the operating authority of CalHR as authorized by GRP 1 in order to support the reorganization. This bill has been double-referred to the Assembly Judiciary Committee. Should this bill pass out of the Assembly PER&SS Committee, the provisions within the jurisdiction of the Judiciary Committee will be considered in that committee. REGISTERED SUPPORT / OPPOSITION : Support California Department of Human Resources (Sponsor) Opposition None on file Analysis Prepared by : Karon Green / P.E., R. & S.S. / (916) 319-3957