BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1062
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 1062 (Jones-Sawyer)
          As Amended August 19, 2013
          Majority vote
           
           ----------------------------------------------------------------- 
          |ASSEMBLY:  |74-0 |(May 23, 2013)  |SENATE: |39-0 |(August 26,    |
          |           |     |                |        |     |2013)          |
           ----------------------------------------------------------------- 
            
           Original Committee Reference:    P.E.,R. & S.S.

          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 No. 1 of 2011 (GRP 1) and updates civil  
          service statutes to reflect modern processes and promote greater  
          efficiency.  Specifically,  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.









                                                                  AB 1062
                                                                  Page  2

          5)Repeals the provisions that 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  
            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 or 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 or 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 or her  
            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,  








                                                                  AB 1062
                                                                  Page  3

            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  
            or 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  
            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 and Rehabilitation, 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 days 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  








                                                                  AB 1062
                                                                  Page  4

            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  
            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  








                                                                  AB 1062
                                                                  Page  5

            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  
            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  
            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.  


           The Senate amendments:

           1)Delete provisions that would have allowed CalHR to follow the  
            same regulation adoption process as used by SPB.

          2)Delete provisions that would have changed the eligibility  
            requirements for "career executive assignment."

          3)Delete provisions that would have shifted the authority to  
            audit departments to ensure examinations are conducted  








                                                                  AB 1062
                                                                  Page  6

            properly from SPB to CalHR.

          4)Delete provisions that would have transferred authority to  
            develop guidelines for upward mobility from SPB to CalHR.

          5)Delete provisions that would have transferred authority over  
            demonstration projects from SPB to CalHR.

          6)Modify the provisions dealing with awarding veteran's  
            preference in state examinations so as not to conflict with AB  
            372 (Eggman), Chapter 75, Statutes of 2013.  

          7)Clarify that the standards for screening correctional peace  
            officers are subject to the approval of 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)Provides that 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  
            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  :  According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, negligible state costs.

           COMMENTS  :   GRP 1 and companion measures, SB 1308 (Public  
          Employees and Retirement 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  








                                                                  AB 1062
                                                                  Page  7

          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 was double-referred to the Assembly Judiciary  
          Committee.  


           Analysis Prepared by  :    Karon Green / P.E., R. & S.S. / (916)  
          319-3957 


                                                                FN: 0001804