BILL ANALYSIS Ó AB 466 Page 1 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. AB 466 Page 2 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 AB 466 Page 3 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: AB 466 Page 4 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