BILL ANALYSIS Ó
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:
AB 466
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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