Amended in Assembly April 21, 2014

Amended in Assembly March 20, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2387

Introduced by Assembly Member Pan

February 21, 2014

An act to amend begin delete Sections 19131 and end delete begin insert Section end insert 19132 of the Government Code, and to amend Section 13503 of the Penal Code, relating to peace officers.

LEGISLATIVE COUNSEL’S DIGEST

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 begin insert require the commission, end insert in exercising that contracting authority, begin delete the commission may end delete begin insert to end insert 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 delete Existing law also permits the use of personal services contracts end delete begin insert savings and end insert 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 provisions end delete begin insert in those certain other circumstances end insert 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 begin insert as specified. end insert

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 begin insert authority from that notification requirement. end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

begin delete

SECTION 1.  

Section 19131 of the Government Code is
amended to read:

19131.  

(a) Any state agency proposing to execute a contract
pursuant to subdivision (a) of Section 19130 shall notify the State
Personnel Board of its intention. All organizations that represent
state employees who perform the type of work to be contracted,
and any person or organization that has filed with the board a
request for notice, shall be contacted immediately by the State
Personnel Board upon receipt of this notice so that they may be
given a reasonable opportunity to comment on the proposed
contract. Departments or agencies submitting proposed contracts
shall retain and provide all data and other information relevant to
the contracts and necessary for a specific application of the
standards set forth in subdivision (a) of Section 19130. Any
employee organization may request, within 10 days of notification,
the State Personnel Board to review any contract proposed or
executed pursuant to subdivision (a) of Section 19130. The review
shall be conducted in accordance with subdivision (b) of Section
10337 of the Public Contract Code. Upon such a request, the State
Personnel Board shall review the contract for compliance with the
standards specified in subdivision (a) of Section 19130.

(b) This section does not apply to contracts executed by the
Commission on Peace Officer Standards and Training pursuant to
subdivision (c) of Section 13503 of the Penal Code and this article.

end delete

begin delete SEC. 2. end delete
begin insert SECTION 1. end insert   

Section 19132 of the Government Code is
amended to read:

19132.  

(a) The State Personnel Board, at the request of an
employee organization that represents state employees, shall review
the adequacy of any proposed or executed contract that is of a type
enumerated in subdivision (b) of Section 19130. The review shall
be conducted in accordance with subdivision (c) of Section 10337
of the Public Contract Code. However, a contract that was reviewed
at the request of an employee organization when it was proposed
need not be reviewed again after its execution.

(b) (1) Unless a personal services contract pursuant to
subdivision (b) of Section 19130 is necessary due to a sudden and
unexpected occurrence that poses a clear and imminent danger,
requiring immediate action to prevent or mitigate the loss or
impairment of life, health, property, or essential public services,
the contract shall not be executed until the state agency proposing
to execute the contract has notified all organizations that represent
state employees who perform the type of work to be contracted.

(2) At a minimum, the notice shall include a full copy of the
proposed contract. The notifying agency may redact specific
confidential or proprietary information from the notice.

(3) The Department of General Services shall establish a process
to certify the notification in paragraph (1).

(4) The notification and certification of notice requirements of
this subdivision do not change the requirements for contracts under
Section 11045 or require an additional notification.

(5) This subdivision does not apply to contracts executed by
the Commission on Peace Officer Standards and Training pursuant
to subdivision (c) of Section 13503 of the Penal Code and this
article.

begin delete SEC. 3. end delete
begin insert SEC. 2. end insert   

Section 13503 of the Penal Code is amended to read:

13503.  

In carrying out its duties and responsibilities, the
commission shall have all of the following powers:

(a) To meet at those times and places as it may deem proper.

(b) To employ an executive secretary and, pursuant to civil
service, those clerical and technical assistants as may be necessary.

(c) To contract with other agencies, public or private, or persons
as it deems necessary, for the rendition and affording of those
services, facilities, studies, and reports to the commission as will
best assist it to carry out its duties and responsibilities. In
contracting pursuant to this subdivision, the commission begin delete may end delete begin insert shall end insert
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, as described
in Section 19130 of the Government Code.

(d) To cooperate with and to secure the cooperation of county,
city, city and county, and other local law enforcement agencies in
investigating any matter within the scope of its duties and
responsibilities, and in performing its other functions.

(e) To develop and implement programs to increase the
effectiveness of law enforcement and when those programs involve
training and education courses to cooperate with and secure the
cooperation of state-level officers, agencies, and bodies having
jurisdiction over systems of public higher education in continuing
the development of college-level training and education programs.

(f) To cooperate with and secure the cooperation of every
department, agency, or instrumentality in the state government.

(g) To do any and all things necessary or convenient to enable
it fully and adequately to perform its duties and to exercise the
power granted to it.

(h) The commission shall not have the authority to adopt or
carry out a regulation that authorizes the withdrawal or revocation
of a certificate previously issued to a peace officer pursuant to this
chapter.

(i) Except as specifically provided by law, the commission shall
not have the authority to cancel a certificate previously issued to
a peace officer pursuant to this chapter.