BILL ANALYSIS Ó
SB 1240
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Date of Hearing: June 25, 2014
ASSEMBLY COMMITTEE ON PUBLIC EMPLOYEES, RETIREMENT AND SOCIAL
SECURITY
Rob Bonta, Chair
SB 1240 (Anderson) - As Introduced: February 20, 2014
SENATE VOTE : 35-0
SUBJECT : State civil service: employment procedures.
SUMMARY : Requires state employment application forms to
require an applicant to disclose whether the applicant has ever
entered into an agreement with a state department prohibiting
the applicant from seeking or accepting subsequent employment
with the state.
EXISTING LAW :
1)Provides, pursuant to Section 1 of Article VII of the
Constitution of California that the civil service includes
every officer and employee of the state except as otherwise
provided, and that in the civil service, permanent appointment
and promotion be made under a general system based on merit
ascertained by competitive examination.
2)Requires, pursuant to the Civil Service Act, state employment
to be based on the merit principle; that appointments are
based upon merit and fitness ascertained through practical and
competitive examination; and that tenure of civil service
employment is subject to good behavior.
3)Requires the California Department of Human Resources and the
Department of Fair Employment and Housing to work
cooperatively to develop uniform employment forms where
possible pursuant to the provisions of the Civil Service Act
and coordinate their enforcement of the Civil Service Act.
4)Requires that each state agency to use the standard employment
forms.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : According to the author, the California State
SB 1240
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Auditor issued a March 2013 report on the construction of the
new Bay Bridge, including disciplinary actions against the
California Department of Transportation (Caltrans) employees for
improprieties on the bridge project identified in the report.
The report noted that a certain Caltrans employee with a history
of disciplinary issues had appealed his dismissal relating to
the bridge project improprieties. Subsequently, the employee
entered into a settlement agreement with Caltrans to leave state
service and not seek or accept another position with the state.
Because there is no mechanism to track such negotiated
separation agreements, the Auditor identified a significant risk
that the employee could be hired by another state agency despite
his past dishonesty and neglect of duty.
According to the author's office, "Under current practices,
there is no efficient way of identifying individuals applying
for employment in a state agency as someone who was previously
employed by another state agency and has entered an agreement
that prohibits them from seeking or accepting further employment
with the state."
REGISTERED SUPPORT / OPPOSITION :
Support
None on file
Opposition
None on file
Analysis Prepared by : Karon Green / P.E., R. & S.S. / (916)
319-3957