BILL ANALYSIS                                                                                                                                                                                                    �



                                                                            



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                                    THIRD READING


          Bill No:  SB 216
          Author:   Beall (D)
          Amended:  4/29/13
          Vote:     21


           SENATE PUBLIC EMPLOY.& RETIRE. COMM.  :  5-0, 4/8/13
          AYES:  Beall, Walters, Block, Gaines, Yee

           SENATE APPROPRIATIONS COMMITTEE  :  6-0, 5/23/13
          AYES:  De Le�n, Walters, Hill, Lara, Padilla, Steinberg
          NO VOTE RECORDED:  Gaines


           SUBJECT  :    Public employment:  salary ranges

           SOURCE  :     Association of California State Supervisors
                      California Association of Professional Scientists
                      California Correctional Supervisor Organization
                      Professional Engineers in California Government


           DIGEST  :    This bill requires the Department of Human Resources  
          (CalHR) to address salary compaction for managerial and  
          supervisorial employees and provide data to the Legislature when  
          insufficient revenue is available to implement a salary  
          determination to increase managerial and supervisorial salaries  
          by 10% over the salaries of their subordinate rank and file  
          employees.

           ANALYSIS  :    

          Existing law:
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          1.Effective July 1, 2012, merged the Department of Personnel  
            Administration and the administrative functions of the State  
            Personnel Board to form CalHR, which among other duties serves  
            as the representative for the Governor in all state collective  
            bargaining activities.

          2.Requires that CalHR and each of the state's 21 collective  
            bargaining units meet and confer and enter into contracts over  
            wages and working conditions for represented employees.

          3.Requires that CalHR set salaries for excluded and exempt  
            employees, and allows excluded employee representatives to  
            meet and confer with CalHR, but does not otherwise make the  
            state employer or excluded employees subject to collective  
            bargaining requirements.

          This bill:

          1.Makes findings and declarations regarding the roll of CalHR in  
            setting salaries for excluded employees and managing the  
            non-merit aspects of the state's personnel system, and  
            declares that CalHR is unable or reluctant to recommend  
            appropriate salary increases for excluded employees when there  
            is no legislative appropriation to pay for the increases, and  
            in such cases defers to the Department of Finance even though  
            the Department of Finance has no direct role in establishing  
            or recommending salaries for excluded employees.

          2.Requires CalHR to address salary compaction and parity  
            concerns consistent with the principle that it is appropriate  
            to provide managerial/supervisory employees a salary at least  
            10% higher than the salary of rank and file employees they  
            supervise.

          3.Requires CalHR to provide the Legislature with data on salary  
            compaction as specified whenever the department determines  
            there is insufficient revenue to fund a salary determination  
            to increase managerial/supervisorial salaries pursuant to the  
            state's compaction differential policy.

          Background
           
          Salary compaction and parity are significant issues facing the  

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          state in compensating management employees.  Salary compaction  
          occurs when the salaries of subordinate employees approach, and  
          in some cases exceed, the salary of their supervisors.  State  
          policy is that supervisory and managerial employees receive  
          salaries 10% above the pay of the classes they supervise.

          The CalHR is responsible for setting the salaries of exempt and  
          excluded state employees.  There is no statutory requirement to  
          extend a pay package that was bargained for represented  
          employees to related excluded employees.

           Comments
           
          Salary compaction refers to the condition where  
          managerial/supervisorial (excluded) employees do not earn enough  
          in relation to their subordinate employees.  This is problematic  
          because excluded employee candidates may be dis-incentivized  
          from seeking promotions, or after promoting, may later decide to  
          demote to non-managerial/supervisorial positions.

          CalHR sets excluded employees' compensation.  There is no  
          statutory requirement to extend a pay package that was bargained  
          for represented employees to related excluded employees.  CalHR  
          is not currently required to study the impact of the rank and  
          file Memorandum of Understanding on related excluded classes and  
          provide data to the Legislature.  Excluded employees do not  
          generally receive overtime pay and other protections provided to  
          represented employees through collective bargaining.  Moreover,  
          excluded employees may have higher levels of stress and  
          responsibility due to their managerial/supervisorial role.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

          According to the Senate Appropriations Committee:

                 CalHR estimates costs of approximately $200,000 for two  
               PYs to compile and analyze the data (General)

                 Additionally, there will be unknown costs associated  
               with salary increases that may result from addressing  
               compaction.  A 1% increase in the salaries of supervisors  
               and managers would cost approximately $35- $40 million.  
               (General/Specials)

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           SUPPORT  :   (Verified  5/23/13)

          Association of California State Supervisors (co-source)
          California Association of Professional Scientists (co-source)
          California Correctional Supervisor Organization (co-source)
          Professional Engineers in California Government (co-source)


           OPPOSITION  :    (Verified  5/23/13)

          Department of Finance

           ARGUMENTS IN SUPPORT  :    The Association of California  
          Supervisors states that "after years of cuts to state employees,  
          supervisors, managers, and confidential employees now often make  
          less than the employees who work for them.  In fact, according  
          to a recent survey, 43% of state supervisors and managers earn  
          the same or less than the employees who report to them."

          According to the California Correctional Supervisor  
          Organization, "Compaction issues, left unaddressed, create a  
          disincentive for qualified line officers to seek promotion.   
          This in turn, weakens the structure of the entire organization."


          JL:ej  5/24/13   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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