BILL ANALYSIS Ó SENATE COMMITTEE ON VETERANS AFFAIRS Senator Ben Hueso, Chair BILL NO: AB 1397 HEARING DATE: 6/24/14 AUTHOR: Committee on Veterans Affairs VERSION: 6/17/14 FISCAL: No VOTE: Majority SUBJECT State civil service: veterans preference data. DESCRIPTION Existing law: 1.Requires civil service appointments to be made under a general system based on merit ascertained by competitive examination. (CA Constitution) 2.Authorize the Legislature to provide preference for veterans and their surviving spouses. (CA Constitution) 3.Whenever any veteran achieves a passing score on an entrance examination, the veteran is required to be ranked in the top rank of the resulting eligibility list. (Govt Code 18973.1) 4.Requires the Department of Human Resources (CalHR) to review, examine the validity of, and update qualifications standards, selection devices, including oral appraisal panels and career advancement programs. (Govt Code § 19792(g)) 5.Requires CalHR to maintain a statistical information system designed to yield the data and analysis necessary for evaluating equal employment opportunity within state civil service. The statistical information shall include specific data to determine the underutilization of groups based on race, ethnicity, gender, and disability. (Govt Code 19792(h)) This bill: 1. Adds the veterans preference to the list of selection devices, which CalHR must review, examine the validity of, and update. 2. Adds veteran status to the list of specified data collected in order to determine underutilization of certain groups. 3. Requires the data analysis to include, but not be limited to, the following with regard to veteran status: a. Data relating to the utilization of veterans compared to their availability in the relevant labor force. b. Turnover data by department and occupation. c. Data relating to salary administration, including average salaries for veterans and comparisons of salaries within state service and comparable state employment. d. Data on employee age, and salary level compared among groups based on veteran status. e. Data on the number of veterans who are recruited for, participate in, and pass state civil service examinations. f. Data on the job classifications, geographic locations, separations, salaries, and other conditions of employment that provide additional information about veterans in the state civil service workforce. BACKGROUND For state civil service positions, veterans preference can be applied to a veteran's eligibility for qualifying open and open, non-promotional examinations. As of January 1, 2013, veterans AB 1397 (Committee on Veterans Affairs) 2 preference is awarded as follows: 1.Any veteran, widow or widower of a veteran, or spouse of a 100 percent disabled veteran, who achieves a passing score in an entrance examination, shall be ranked in the top rank of the resulting eligibility list. Any veteran who has been dishonorably discharged or released is not eligible for veterans preference. 2.An entrance examination is defined, under the law, as any open competitive examination. 3.Veterans preference is not granted once a person achieves permanent civil service status. If a veteran competes in a state civil service examination for which veterans preference are granted, the veteran will automatically be added to the top rank, provided that the individual's application for veterans preference is approved before the eligible record is created. Persons who are retired from the military or honorably discharged from active duty are eligible to compete in promotional examinations, including examinations for Career Executive Assignments (CEA), for which they meet the minimum qualifications as prescribed by the class specification. Those individuals receiving passing scores have their names placed on the promotional eligibility lists resulting from these examinations. In evaluating minimum qualifications, related military experience shall be considered as State civil service experience in a class deemed comparable by CalHR, based on the duties and responsibilities assigned. COMMENT Related Legislation SB 1563 (Cannella, Ch. 768, Stats. 2012) requires that a veteran who has completed acceptable training in the U.S. Armed Forces as a military law enforcement officer shall receive 15 preference points in an examination for an open peace officer AB 1397 (Committee on Veterans Affairs) 3 position in state employment, and states legislative intent with regard to veterans' abilities to become state peace officers. AB 1729 (Yamada, Ch. 237, Stats. 2010) extends, from six months to 12 months, the amount of time a veteran may receive preference points on employment lists resulting from open, nonpromotional civil service examinations. SB 644 (Denham, Ch. 357, Stats. 2009) increases the veterans preference points provided on open, non-promotional state civil service entrance examinations from 10 to 15 points for disabled veterans; and from five to 10 points for all other veterans. AB 2550 (Blakeslee, Ch. 494, Stats. of 2006) Provided qualified members of the California National Guard, or a widow, widower, or spouse of a qualified member, preference points, as specified, for any civil service employment. SB 637 (Baca, Ch. 404, Stats.1999) made revisions to existing law providing special preferences for the appointment of disabled veterans. POSITIONS Sponsor: Author. Support: None on file. Oppose: None on file. Analysis by: Wade Cooper Teasdale AB 1397 (Committee on Veterans Affairs) 4 AB 1397 (Committee on Veterans Affairs) 5