Amended in Senate April 1, 2013

Senate Bill No. 523

Introduced by Senator Correa

February 21, 2013

An act to amend Section 19802.5 of begin insert , and to add Section 19802.6 to, end insert the Government Code, relating to public employment.

LEGISLATIVE COUNSEL’S DIGEST

SB 523, as amended, Correa. Public employment: merit system: waiver.

The California Constitution establishes the State Personnel Board and requires the board to, among other things, enforce the civil service statutes, prescribe probationary periods and classifications, adopt rules authorized by statute, and review disciplinary actions. Existing law requires the board to establish and maintain, by regulation, standards on a merit basis for local agencies, as specified, necessary for proper and efficient administration, and to assure state conformity with applicable federal requirements. Existing law authorizes the board to waive administration of all or part of a local agency merit system under specified conditions.

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This bill would make nonsubstantive changes to the latter provisions.

end delete begin insert

This bill would prohibit, in Orange County, any administrative waiver of merit system standards, as described above, if an audit finds the county to be out of compliance with a merit-based personnel system.

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This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Orange.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

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

SECTION 1.  

Section 19802.5 of the Government Code is
amended to read:

19802.5.  

begin delete Notwithstanding end delete begin insert Except as provided in Section
19802.6, and notwithstanding end insert Sections 19801 and 19803, and after
the State Personnel Board approves the memorandum of
understanding standards, the State Personnel Board may waive
administration of all or part of a local agency merit system if
administration of merit system standards, including, but not limited
to, certification, appointment and other transactions, layoff and
reinstatement, position classifications, compensation standards,
and disciplinary action are established pursuant to a legally binding
memorandum of understanding negotiated between the local
agency governing board and an employee organization recognized
pursuant to applicable law representing employees engaged in
federally supported programs under Section 19800. Upon request
of the local agency governing board and the recognized employee
organization, such waivers shall be granted on any or all standards
following determination by the State Personnel Board that the
provisions of the memorandum of understanding maintain merit
system standards to the extent necessary to qualify for federal
funds. All merit system standards waivers shall be subject to
periodic audit, approval, or revocation by the State Personnel
Board. Upon revocation of a waiver, the State Personnel Board
may require any additional information as a condition of waiver
reinstatement.

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begin insert SEC. 2. end insert   

end insert

begin insert Section 19802.6 is added to the end insert begin insert Government Code end insert begin insert , to
read: end insert

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begin insert 19802.6. end insert   

Notwithstanding Section 19802.5, if the County of
Orange is found to be out of compliance with a merit-based
personnel system pursuant to an audit by the county or the
Department of Human Resources, the county shall not be entitled
to any waiver of administration of merit system standards
authorized by Section 19802.5. The standards that shall not be
waived include, but are not be limited to, those related to
certification, appointment and other transactions, layoff and
reinstatement, position classifications, compensation standards,
and disciplinary action as established pursuant to a binding
memorandum of understanding applicable to employees engaged
in programs described in Section 19800.

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begin insert

begin insert SEC. 3. end insert   

end insert begin insert

The Legislature finds and declares that a special law
is necessary and that a general law cannot be made applicable
within the meaning of Section 16 of Article IV of the California
Constitution because of the need to implement recruitment, hiring,
and promotion standards in the County of Orange, consistent with
the findings of the 2008 report by the Orange County Grand Jury
on the county human resources department and the 2011 audit of
the Human Resources Department of Orange County by the Office
of the Performance Audit Director for Orange County.

end insert