BILL ANALYSIS Ó
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THIRD READING
Bill No: AB 1062
Author: Jones-Sawyer (D)
Amended: 8/19/13 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.
Senate Floor Amendments of 8/19/13 restore original statutory
language regarding the CalHR census report of state employee
demographic data and update a statutory reference from the SPB
to CalHR.
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ANALYSIS :
Existing law:
1.The Governor's Reorganization Plan of 2011 (GRP 1) merged the
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
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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:
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
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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
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
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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
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
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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.Requires CalHR, instead of the SPB, by November 15 of each
year, to submit to the Governor, the Legislature, and the
Department of Finance a census report that includes
demographic information on employees in the state civil
service, as specified. Requires the report to specifically
include, but not be limited to, identified underutilizations
and, where warranted, steps taken to ensure equal employment
opportunity in the state civil service. Requires the report
to also include information to the Legislature on laws that
discriminate or have the effect of discriminating on the basis
of race, ethnicity, gender, and disability. Requires the
Legislature to evaluate the equal employment opportunity
efforts of state agencies during its evaluation of the Budget
Bill.
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
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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
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 8/21/13)
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,
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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
NO VOTE RECORDED: Grove, Holden, Jones, Waldron, Vacancy,
Vacancy
JL:ej 8/21/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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