AB 2387, as amended, Pan. Commission on Peace Officer Standards and Training: contracting: authority.
(1) Existing law establishes the Commission on Peace Officer Standards and Training within the Department of Justice and sets forth its powers and duties, which include, among other things, the power to contract with other agencies or persons for services, facilities, studies, and reports as will best assist the commission in carrying out its duties and responsibilities.
This bill would
begin delete provide that,end delete in exercising that contracting authority, begin delete the commission mayend delete determine if services to be contracted for cannot be satisfactorily provided by the state civil service system because the services are highly specialized, the services cannot be performed by a civil service employee, or the services required are urgent or essential and delaying the performance of these services would frustrate the need for the services or resulting studies or reports.
(2) Existing law, the State Civil Service Act, permits the use of personal services contracts in order to achieve cost
begin delete savings. Existing law requires, however, that a state agency proposing to execute a personal services contract to achieve cost savings is required to notify the State Personnel Board of its intention and requires the State Personnel Board to immediately contact specified organizations, including employee organizations that represent state employees who perform the type of work to be contracted, upon receiving the notice. Existing law authorizes an employee organization to request, within 10 days of notification, the State Personnel Board to review any contract proposed or executed pursuant to the law governing these contracts.end delete
begin deleteExisting law also permits the use of personal services contractsend delete in certain other circumstances, including when the services contracted are not available within civil service. Existing law requires a state agency proposing to execute a personal services contract begin delete pursuant to these provisionsend delete to notify all organizations that represent state employees who perform the type of work to be contracted, except begin delete in certain circumstances.end delete
This bill would exempt personal services contracts entered into by the commission pursuant to its contracting
begin delete authority, as described above,end delete begin delete from these notification requirements.end delete
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 19131 of the Government Code is
2amended to read:
(a) Any state agency proposing to execute a contract
4pursuant to subdivision (a) of Section 19130 shall notify the State
5Personnel Board of its intention. All organizations that represent
6state employees who perform the type of work to be contracted,
7and any person or organization that has filed with the board a
8request for notice, shall be contacted immediately by the State
9Personnel Board upon receipt of this notice so that they may be
10given a reasonable opportunity to comment on the proposed
11contract. Departments or agencies submitting proposed contracts
12shall retain and provide all data and other information relevant to
13the contracts and necessary for a specific application of the
14standards set forth in subdivision (a) of Section 19130. Any
15employee organization may request, within 10 days of notification,
P3 1the State Personnel Board to review any contract proposed or
2executed pursuant to subdivision (a) of Section 19130. The review
3shall be conducted in accordance with subdivision (b) of Section
410337 of the Public Contract Code. Upon such a request, the State
5Personnel Board shall review the contract for compliance with the
6standards specified in subdivision (a) of Section 19130.
7(b) This section does not apply to contracts executed by the
8Commission on Peace Officer Standards and Training pursuant to
9subdivision (c) of Section 13503 of the Penal Code and this article.
Section 19132 of the Government Code is
12amended to read:
(a) The State Personnel Board, at the request of an
14employee organization that represents state employees, shall review
15the adequacy of any proposed or executed contract that is of a type
16enumerated in subdivision (b) of Section 19130. The review shall
17be conducted in accordance with subdivision (c) of Section 10337
18of the Public Contract Code. However, a contract that was reviewed
19at the request of an employee organization when it was proposed
20need not be reviewed again after its execution.
21(b) (1) Unless a personal services contract pursuant to
22subdivision (b) of Section 19130 is necessary due to a sudden and
23unexpected occurrence that poses a clear and imminent danger,
24requiring immediate action to prevent or mitigate the loss or
25impairment of life, health, property, or essential public services,
26the contract shall not be executed until the state agency proposing
27to execute the contract has notified all organizations that represent
28state employees who perform the type of work to be contracted.
29(2) At a minimum, the notice shall include a full copy of the
30proposed contract. The notifying agency may redact specific
31 confidential or proprietary information from the notice.
32(3) The Department of General Services shall establish a process
33to certify the notification in paragraph (1).
34(4) The notification and certification of notice requirements of
35this subdivision do not change the requirements for contracts under
36Section 11045 or require an additional notification.
37(5) This subdivision does not apply to contracts executed by
38the Commission on Peace Officer Standards and Training pursuant
39to subdivision (c) of Section 13503 of the Penal Code and this
Section 13503 of the Penal Code is amended to read:
In carrying out its duties and responsibilities, the
4commission shall have all of the following powers:
5(a) To meet at those times and places as it may deem proper.
6(b) To employ an executive secretary and, pursuant to civil
7service, those clerical and technical assistants as may be necessary.
8(c) To contract with other agencies, public or private, or persons
9as it deems necessary, for the rendition and affording of those
10services, facilities, studies, and reports to the commission as will
11best assist it to carry out its duties and responsibilities. In
12contracting pursuant to this subdivision, the commission
begin delete mayend delete
13 determine if services to be contracted for cannot be satisfactorily
14provided by the state civil service system because the services are
15highly specialized, the services cannot be performed by a civil
16service employee, or the services required are urgent or essential
17and delaying the performance of these services would frustrate the
18need for the services or resulting studies or reports, as described
19in Section 19130 of the Government Code.
20(d) To cooperate with and to secure the cooperation of county,
21city, city and county, and other local law enforcement agencies in
22investigating any matter within the scope of its duties and
23responsibilities, and in performing its other functions.
24(e) To develop and implement programs to increase the
25effectiveness of law enforcement and when those programs involve
26training and education courses to cooperate with and secure the
27cooperation of state-level officers, agencies, and bodies having
28jurisdiction over systems of public higher education in continuing
29the development of college-level training and education programs.
30(f) To cooperate with and secure the cooperation of every
31department, agency, or instrumentality in the state government.
32(g) To do any and all things necessary or convenient to enable
33it fully and adequately to perform its duties and to exercise the
34power granted to it.
35(h) The commission shall not have the authority to adopt or
36carry out a regulation that authorizes the withdrawal or revocation
37of a certificate previously issued to a peace officer pursuant to this
P5 1(i) Except as specifically provided by law, the commission shall
2not have the authority to cancel a certificate previously issued to
3a peace officer pursuant to this chapter.