BILL ANALYSIS                                                                                                                                                                                                    



                                                                     AB 466


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          Date of Hearing:   April 22, 2015


           ASSEMBLY COMMITTEE ON PUBLIC EMPLOYEES, RETIREMENT, AND SOCIAL  
                                      SECURITY


                                  Rob Bonta, Chair


          AB 466  
          McCarty - As Amended March 26, 2015


          SUBJECT:  State civil service: employment procedures.


          SUMMARY:  Specifies that provisions requiring state employment  
          forms to require an applicant to disclose whether he or she has  
          ever entered into an agreement with the state prohibiting them  
          from seeking or accepting any subsequent employment with the  
          state do not apply if the agreement prohibits him or her from  
          seeking employment with a particular state agency and not all  
          state employment.    


          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.









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          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.



          5)Requires, as enacted by SB 1240 (Anderson), Chapter 254,  
            Statutes of 2014, state employment forms to require an  
            applicant for employment to disclose whether the person has  
            ever entered into an agreement with a state agency or  
            department prohibiting the applicant from seeking or accepting  
            any subsequent employment with the state.



          FISCAL EFFECT:  Unknown.


          COMMENTS:  Currently, when a state employer terminates a civil  
          service employee, the employee is entitled to appeal the  
          dismissal to the independent State Personnel Board (SPB).  The  
          SPB has the discretion to sustain, revoke, or modify the  








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          termination.  Generally, a prehearing and settlement conference  
          is set to offer both parties a chance to meet and negotiate a  
          settlement of their case prior to a full hearing before the SPB.  






          According to the author, "Settlement conferences offer an  
          opportunity for both the employee and employer to address the  
          issue without having to go through the expense and uncertainty  
          of a formal evidentiary hearing.  At these settlement  
          conferences, a wide range of proposals can be made, including  
          proposals that prohibit the employee from seeking or accepting  
          subsequent employment with their particular department or with  
          the state as a whole.  The ability to negotiate such separation  
          agreements is a key tool for both the State and the employee to  
          effectively and efficiently resolve their differences in the  
          settlement negotiation process."





          The author concludes, "While the intent of SB 1240 is clear, the  
          language is unclear if all applicants, including those that have  
          agreed to never seek or accept subsequent employment with a  
          particular department, would be required to disclose such an  
          agreement.  This could discourage both the employee and the  
          State from engaging in the settlement negotiation process, and  
          result in higher numbers of cases before the SPB at taxpayer's  
          expense."


          REGISTERED SUPPORT / OPPOSITION:











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          Support


          Service Employees International Union, Local 1000 (Sponsor)


          California Association of Psychiatric Technicians




          Opposition


          None on file




          Analysis Prepared by:Karon Green / P.E.,R., & S.S. / (916)  
          319-3957