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