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.








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          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  








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            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  








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            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  








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            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