BILL ANALYSIS Ó
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THIRD READING
Bill No: AB 2387
Author: Pan (D)
Amended: 4/21/14 in Assembly
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 6-0, 6/10/14
AYES: Hancock, Anderson, De León, Knight, Liu, Steinberg
NO VOTE RECORDED: Mitchell
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 73-0, 5/8/14 (Consent) - See last page for vote
SUBJECT : Commission on Peace Officer Standards and Training:
contracting: authority
SOURCE : Commission on Peace Officer Standards and Training
DIGEST : This bill exempts the Commission on Peace Officer
Standards and Training (POST) from specified notification
requirements when entering into personal services contracts, as
specified.
ANALYSIS :
Existing law:
1.Establishes the POST within the Department of Justice and sets
forth its powers and duties which include, among other things,
the ability to contract with other agencies, public or
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private, or persons as it deems necessary, for services,
facilities, studies, and reports as will best assist the POST
in carrying out its duties and responsibilities.
2.Requires, based on provisions in the California Constitution,
that services provided by state agencies generally be
performed by state civil service employees.
3.Permits the use of personal services contracts, as specified,
in order to achieve cost savings provided that certain
criteria are met.
4.Requires a state agency proposing to execute a personal
services contract to achieve cost saving to notify the State
Personnel Board (SPB) of its intention and requires the SPB to
immediately contact specified persons or organizations upon
receipt of the notice so that they may be given a reasonable
opportunity to comment on the proposed contract.
5.Authorizes an employee organization to request, within 10 days
of receiving the above notice, the SPB to review any proposed
or executed contract, as specified.
6.Requires, at a minimum, the notification to include a full
copy of the proposed contract and permits the notifying agency
to redact specific confidential or proprietary information
from the notice.
This bill:
1.Exempts personal services contracts entered into by POST from
specified notification requirements that other state agencies
must comply with when entering into personal services
contracts for non-cost savings reasons.
2.Requires POST, when exercising its contracting authority, to
determine if the services to be provided cannot be provided by
the state civil service system because the services are highly
specialized, cannot be performed by civil service employees,
or are urgent or essential, as specified.
Comments
The author states, "Existing law proposes numerous restrictions
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that would prevent POST from providing critical training needed
by the law enforcement community where personal services
contracts are involved. Without an exemption or waiver, POST
will not be able to provide training needed by the law
enforcement community where personal services contracts are
involved. The services contracted are not available within
civil service or are of such a highly specialized or technical
nature that the necessary expert knowledge, experience, and
ability are not available through the civil service system."
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 6/20/14)
Commission on Peace Officer Standards and Training (source)
California Association of Highway Patrolmen
California Police Chiefs Association
California State Sheriffs' Association
Office of the District Attorney of San Diego County
ASSEMBLY FLOOR : 73-0, 5/8/14
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Daly, Dickinson, Donnelly, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon,
Grove, Hagman, Harkey, Roger Hernández, Holden, Jones,
Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein,
Medina, Melendez, Mullin, Muratsuchi, Nazarian, Nestande,
Olsen, Pan, Patterson, Perea, Quirk, Quirk-Silva, Rendon,
Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Wagner,
Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, John A.
Pérez
NO VOTE RECORDED: Eggman, Gorell, Gray, Hall, Mansoor, V.
Manuel Pérez, Vacancy
JG:k 6/23/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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