BILL ANALYSIS Ó
AB 466
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ASSEMBLY THIRD READING
AB
466 (McCarty)
As Amended March 26, 2015
Majority vote
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|Committee |Votes |Ayes |Noes |
|----------------+------+----------------------+--------------------|
|Public |5-2 |Bonta, Cooley, |Waldron, Wagner |
|Employees | |Jones-Sawyer, | |
| | |O'Donnell, Rendon | |
| | | | |
|----------------+------+----------------------+--------------------|
|Appropriations |12-5 |Gomez, Bloom, Bonta, |Bigelow, Chang, |
| | |Calderon, Daly, |Gallagher, Jones, |
| | |Eggman, Eduardo |Wagner |
| | |Garcia, Holden, | |
| | |Quirk, Rendon, Weber, | |
| | |Wood | |
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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.
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EXISTING LAW:
1)Provides, pursuant to the California Constitution Article VII,
Section 1, 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.
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: According to the Assembly Appropriations
Committee, minor and absorbable costs to CalHR and state agencies
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to update employment forms.
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 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."
Analysis Prepared by:
Karon Green / P.E.,R., & S.S. / (916) 319-3957
FN: 0000278
AB 466
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