BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 466|
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THIRD READING
Bill No: AB 466
Author: McCarty (D), et al.
Amended: 7/6/15 in Senate
Vote: 21
SENATE PUBLIC EMP. & RET. COMMITTEE: 3-1, 7/13/15
AYES: Pan, Beall, Hall
NOES: Fuller
NO VOTE RECORDED: Morrell
SENATE APPROPRIATONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 47-27, 5/22/15 - See last page for vote
SUBJECT: State civil service: employment procedures
SOURCE: Service Employees International Union, Local 1000
DIGEST: This bill specifies that the requirement that state
employment forms require an applicant to disclose whether he or
she has ever entered into an agreement with the state employer
prohibiting that person 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 (versus all state employment).
ANALYSIS:
Existing law:
1)Provides, pursuant to Section 1 of Article VII of the
Constitution of California, that the civil service includes
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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)Establishes the State Personnel Board (SPB), which oversees
the state disciplinary process, hears appeals of the
disciplinary process, and assists state employers and
employees in settling such appeals, which may include reaching
agreements to not seek subsequent state employment with a
particular state employer or all state employers.
4)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 to coordinate their enforcement of the Civil Service Act.
5)Requires each state agency to use the standard employment
forms.
6)Requires state employment forms to require an applicant for
employment to disclose whether the person has ever entered
into an agreement with the state, regarding previous
employment with the state, which prohibits the applicant from
seeking or accepting any subsequent employment with the state.
This bill modifies the disclosure requirement by specifying that
employment forms used by a state agency shall not be required to
require a state employment applicant to disclose if he or she
has entered into an agreement that prohibits that person from
seeking employment with a particular state agency.
Background
Currently, when a state employer terminates a civil service
employee, the employee is entitled to appeal the dismissal to
the independent SPB. The SPB has the discretion to sustain,
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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.
Comments
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.
Prior Legislation
SB 1240 (Anderson, Chapter 254, Statutes of 2014) required state
employment forms to require an applicant for employment to
disclose whether the person has ever entered into an agreement
with the state, regarding previous employment with the state,
that prohibits the applicant from seeking or accepting any
subsequent employment with the state.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
SUPPORT: (Verified8/18/15)
Service Employees International Union, Local 1000 (source)
California Association of Professional Scientists
California Association of Psychiatric Technicians
Professional Engineers in California Government
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OPPOSITION: (Verified8/18/15)
None received
ARGUMENTS IN SUPPORT:
As stated by the sponsor, SEIU, Local 1000:
While the intent of SB 1240 is clear, the language has
created confusion as to whether 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. The unintended consequence
of a broad disclosure requirement is that it will
discourage both the employee and the State from engaging in
the settlement negotiation process, and result in higher
numbers of cases in the more costly and time consuming
hearing process before the SPB at taxpayers' expense.
ASSEMBLY FLOOR: 47-27, 5/22/15
AYES: Bloom, Bonilla, Bonta, Brown, Burke, Calderon, Campos,
Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd, Eggman,
Frazier, Cristina Garcia, Eduardo Garcia, Gatto, Gipson,
Gomez, Gonzalez, Gray, Roger Hernández, Holden, Irwin,
Jones-Sawyer, Lopez, Low, McCarty, Medina, Mullin, Nazarian,
Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas,
Santiago, Mark Stone, Thurmond, Ting, Williams, Wood, Atkins
NOES: Achadjian, Travis Allen, Baker, Bigelow, Brough, Chang,
Chávez, Dahle, Beth Gaines, Gallagher, Grove, Hadley, Harper,
Jones, Kim, Lackey, Levine, Linder, Maienschein, Mathis,
Mayes, Melendez, Obernolte, Patterson, Steinorth, Wagner, Wilk
NO VOTE RECORDED: Alejo, Gordon, O'Donnell, Olsen, Waldron,
Weber
Prepared by:Pamela Schneider / P.E. & R. / (916) 651-1519
8/18/15 16:54:17
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