BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    THIRD READING


          Bill No:  AB 1062
          Author:   Jones-Sawyer (D)
          Amended:  7/11/13 in Senate
          Vote:     21


          SENATE PUBLIC EMPLOY. & RETIRE. COMM.  :  5-0, 6/24/13
          AYES:  Beall, Walters, Block, Gaines, Yee

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           ASSEMBLY FLOOR  :  74-0, 5/23/13 (Consent) - See last page for  
            vote


           SUBJECT  :    Human resources

          SOURCE  :     California Department of Human Resources


           DIGEST  :    This bill transfers certain functions and duties of  
          the State Personnel Board (SPB) to the Department of Human  
          Resources (CalHR).  This bill also designates CalHR to share  
          certain functions and duties with the SPB and makes other  
          related changes.  This bill modifies the civil service process  
          by deleting certain requirements related to notice of certain  
          actions.

           ANALYSIS  :    

          Existing law:

          1.The Governor's Reorganization Plan of 2011 (GRP 1) merged the  
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            Department of Personnel Administration (DPA) and the  
            administrative functions of the SPB into CalHR. 

          2.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.

          3.Created CalHR, as required by GRP 1, to consolidate all  
            functions of the former DPA with the non-constitutional  
            administrative functions of the SPB effective July 1, 2012.

          4.Specifies, per the California Constitution, the SPB is  
            required to enforce the civil service statutes and, by  
            majority vote of all its members, to prescribe probationary  
            periods and classifications, adopt other rules authorized by  
            statute, and review disciplinary actions.  Empowers the SPB to  
            appoint an Executive Director who administers the civil  
            service statutes and rules of the SPB.  All other personnel  
            functions are transferred to CalHR.

          5.Provides that regulations adopted by SPB are exempt from the  
            Administrative Procedures Act and authorizes SPB to adopt a  
            process to develop rules and regulations.

          6.Provides that service of process upon any person or appointing  
            power be made in a manner provided by Civil Procedure Code but  
            also provides several exceptions, as specified.

          7.Designates SPB exclusively as the body that makes rules  
            concerning the subject matter referenced whenever the terms  
            "board rule," "rule," or "rules" are made.
           
           8.Requires the Commission on Peace Officer Standards and  
            Training to develop standards for the selection and training  
            of state correctional peace officer apprentices and provides  
            that the standards are subject to approval by SPB.  Also,  
            requires correctional peace officer apprentices to be screened  
            using psychological and screening standards established by  
            SPB.

          This bill:  


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          1.Transfers certain functions and duties of the SPB to CalHR and  
            designates CalHR to share certain functions and duties with  
            the SPB.  Makes other related changes.

          2.Modifies, with regard to civil service, the requirement that  
            the appointing power provides service of notice of certain  
            actions including a disciplinary action, by requiring service  
            to be conducted in the manner provided in specified provisions  
            of the Code of Civil Procedure that relate to service of  
            process.

          3.Deletes provisions that authorize the SPB to hold hearings and  
            make investigations concerning all matters relating to the  
            enforcement and effect of the State Civil Service Act, as  
            specified.  Also deletes the provision that prohibits the SPB  
            from holding hearings and making investigations on certain  
            disciplinary matters relating to state employees in State  
            Bargaining Unit 5.

          4.Revises the SPB's requirements related to rendering decisions  
            within a reasonable time after the conclusion of a hearing or  
            investigation and instead requires the SPB to reach a decision  
            within six months and deletes the SPB's authorization to  
            extend the six-month period by 45 additional days.

          5.Repeals the provisions the require the SPB, by resolution, to  
            define the term "salary step" for the purpose of administering  
            civil service laws and rules that control movement of  
            employees between classifications subject to specified  
            requirements.

          6.Revises provisions that authorize the SPB to require various  
            types of documentary evidence in establishing minimum  
            qualifications for determining the identity, fitness, and  
            qualifications of employees for each class of position in the  
            state civil service, for temporary appointments, and for  
            applicants for examination, and additionally requires,  
            whenever the law requires that an applicant for a position as  
            a peace officer be screened to ensure that the applicant is  
            free from emotional and mental impairment, that CalHR or the  
            designated appointing authority undertake the screening  
            subject to the applicant's right to appeal to the SPB.

          7.Revises provisions that authorize CalHR to refuse to examine  

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            or, after examination, to refuse to declare as eligible, or to  
            withhold or withdraw from certification, prior to appointment,  
            anyone who, among other things, is physically or mentally so  
            disabled as to be rendered unfit to perform the duties of the  
            position to which he/she seeks appointment or who is addicted  
            to the use of controlled substances.  Instead authorizes CalHR  
            or a designated appointing power to refuse to examine, or  
            after examination to refuse to declare as eligible, or to  
            withhold or withdraw from an eligible list, before the  
            appointment, anyone who, among other things, was found to be  
            unsuited or not qualified for employment pursuant to rule.


          8.Repeals provisions that authorize an applicant for state  
            employment to elect to avail himself/herself of a specified  
            procedure to take an examination on a different date when the  
            examination is scheduled to be given during the period from  
            sundown on a Friday until sundown on the following day, where  
            it is the practice of an applicant, based upon his religious  
            convictions, to observe the Sabbath during that period, and  
            instead authorizes any applicant for examination to request  
            reasonable accommodation for a disability or sincerely held  
            religious belief pursuant to the Fair Employment and Housing  
            Act or any other applicable law.

          9.Repeals provisions that require the SPB to provide, by rule,  
            for grant of a blanket waiver of a requirement that allows a  
            dismissed employee, who meets standards to be determined by  
            the SPB, to apply for any civil service examination so that  
            he/she would not need a separate waiver for each examination.   
            Instead authorizes any former state employee who was dismissed  
            from state service, as specified, to petition CalHR to be  
            permitted to take a civil service examination in order to  
            establish eligibility for appointment to state service, as  
            specified.

          10.Revises requirements that the appointing power submits to  
            CalHR, in accordance with the SPB rules, a statement of the  
            duties of the position, the necessary and desired  
            qualifications of the person to be appointed, and a request  
            that the names of persons eligible for appointment to the  
            position be certified whenever a vacancy in any position is to  
            be filled and not by transfer, demotion, or reinstatement, and  
            instead requires the appointing power to provide any  

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            information CalHR requests including the classification of the  
            position, the number of vacancies to be filled, the tenure and  
            time base of the position, the location of the position, and  
            any other information CalHR may require.

          11.Repeals provisions that permit any person, except for a  
            current ward of the Division of Juvenile Facilities, a current  
            inmate of the Department of Corrections, or a current patient  
            of a facility operated by the Department of State Hospitals,  
            with the consent of the SPB of the appointing power, to file  
            charges against a state employee in State Bargaining Unit 5  
            requesting that adverse action be taken for one or more causes  
            for discipline, as specified.

          12.Requires the SPB to either grant or deny a petition for  
            rehearing a decision within 90 instead of 60 days after  
            service of notice of filing the petition for rehearing.

          13.Requires any petition for a writ challenging a decision of  
            the SPB to be filed within six months of the date of its final  
            decision instead of prohibiting a person from bringing a cause  
            of action of any type, as specified, based on or related to  
            any civil service law in this state, or the administration  
            thereof, unless that action is commenced and served within one  
            year after the cause of action first arose.  Deletes the  
            provision that provides that where an appeal is taken from a  
            decision of the SPB, the cause of action does not arise until  
            the final decision of the SPB has been issued.

          14.Deletes the provisions that require both the SPB and the  
            CalHR to be responsible for carrying out certain provisions  
            related to leave for military service.

          15.Repeals provisions that authorize the SPB, for specific state  
            services or employments, in examination to allow general or  
            individual preference in ratings to veterans who have suffered  
            permanent disability in the line of duty, if the disability  
            will not prevent the proper performance of the duties required  
            under the service or employment, and if the disability is of  
            record in the files of the United States Veterans'  
            Administration.

          16.Revises requirements that the SPB submit a census report to  
            the Governor, the Legislature, and the Department of Finance  

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            that includes, among other things, demographic information on  
            employees in the state civil service, as specified, and  
            information to the Legislature on laws that discriminate or  
            have the effect of discriminating on the basis of race,  
            ethnicity, gender, and disability, and instead requires CalHR  
            to either submit the report to the Governor, the Legislature,  
            and the Department of Finance or to post the data on its  
            Internet Web site.  Also deletes the requirement that the  
            report include, among other things, identified  
            underutilizations, steps taken to ensure equal employment  
            opportunity in the state civil service, and information to the  
            Legislature on laws that discriminate or have the effect of  
            discriminating on the basis of race, ethnicity, gender, and  
            disability.

          17.Repeals provisions that require CalHR to succeed to and be  
            vested with the duties, purposes, responsibilities, and  
            jurisdiction exercised by the California Victim Compensation  
            and Government Claims Board, the Department of General  
            Services, and the Department of Finance, as specified.

          18.Revises provisions that authorize CalHR to designate an  
            appointing power to allocate positions to the Personal  
            Classification Plan, as specified, and authorize CalHR to  
            audit any position allocations and to order corrective action,  
            and instead authorizes CalHR to order corrective action, as  
            specified, only if it finds that an appointing power has  
            allocated positions inappropriately.  Also authorizes the  
            Department of Finance to transfer a sufficient number of  
            personnel from the appointing power to CalHR, as specified, if  
            an appointing power's allocation authority is revoked.

          19.Adds to the requirements for the survey related to its  
            bilingual services of each of its local offices every two  
            years to determine among other things, the number of qualified  
            bilingual employees in public contact positions, that the  
            language survey also includes, among other things, a detailed  
            description of the agency's procedures for identifying written  
            materials that are required to be translated, a detailed  
            description of the agency's procedures for identifying  
            language needs at local offices and assigning qualified  
            bilingual staff to those offices, and a detailed description  
            of how the agency complies with any federal or other state  
            laws that require the provision of linguistically accessible  

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            services to the public.

          20.Revises requirements that every state agency, as specified,  
            employ a sufficient number of qualified bilingual persons in  
            public contact positions to ensure provision of information  
            and services to the public, in the language of the  
            non-English-speaking person and instead only requires each  
            agency that serves a substantial number of  
            non-English-speaking people who comprise 5% or more of the  
            people served to develop an implementation plan, as specified,  
            in every odd-numbered year.

          21.Makes technical, non-substantive changes to the provisions  
            that require each agency to conduct a survey, related to its  
            bilingual services, of each of its local offices every two  
            years to determine among other things, the number of qualified  
            bilingual employees in public contact positions, as specified.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

           SUPPORT  :   (Verified  8/9/13)

          California Department of Human Resources (source)

           ARGUMENTS IN SUPPORT  :    According to the author, this bill is  
          necessary "to clarify the operating authority of CalHR as  
          established by GRP 1 in order to support the reorganization and  
          to permit greater efficiency and streamlining of operations now  
          and in the future."

           ASSEMBLY FLOOR  :  74-0, 5/23/13
          AYES:  Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,  
            Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown,  
            Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Conway,  
            Cooley, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,  
            Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gordon, Gorell,  
            Gray, Hagman, Hall, Harkey, Roger Hernández, Jones-Sawyer,  
            Levine, Linder, Logue, Lowenthal, Maienschein, Mansoor,  
            Medina, Melendez, Mitchell, Morrell, Mullin, Muratsuchi,  
            Nazarian, Nestande, Olsen, Pan, Patterson, Perea, V. Manuel  
            Pérez, Quirk, Quirk-Silva, Rendon, Salas, Skinner, Stone,  
            Ting, Wagner, Weber, Wieckowski, Wilk, Williams, Yamada, John  
            A. Pérez

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          NO VOTE RECORDED:  Grove, Holden, Jones, Waldron, Vacancy,  
            Vacancy


          JL:ej  8/13/13   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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