BILL ANALYSIS Ó
AB 1293
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Date of Hearing: May 20, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB
1293 (Holden) - As Amended March 26, 2015
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|Policy |Public Employees, |Vote:|6 - 1 |
|Committee: |Retirement/Soc Sec | | |
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Urgency: No State Mandated Local Program: NoReimbursable: No
SUMMARY:
This bill prohibits state agencies from using personal services
contracts if it would result in the layoff, demotion,
involuntary transfer, time reduction, or other displacement of
civil service employees. The bill clarifies that "displacement"
does not include changes in shifts or days off, nor does it
include reassignment to other positions within the same class
and general location.
FISCAL EFFECT:
AB 1293
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Unknown, but potentially substantial costs to state agencies,
both General and Special Funds, if this bill interferes with
current emergency staffing and hiring processes.
COMMENTS:
1)Purpose. According to the sponsor, Service Employees
International Union, Local 1000, Correctional Health Care
Services (CHCS) issued State Restriction of Appointment
notices (layoff notices) in August 2014 to employees in
several medical services classifications. The sponsor claims
that during the period in which the layoff notices were
issued, the state actively recruited private vendor staff
through existing contracts and Craigslist.
The sponsor further contends that while State Restriction of
Appointment notices generally imply there is insufficient work
for employees, Registered Nurses and Licensed Vocational
Nurses recorded substantial overtime hours during the first
half of 2014. The union claims CHCS continues to address
mandatory overtime by recruiting limited term staff.
According to the author, AB 1293 solves this issue by
prohibiting state departments from laying off civil service
employees to create an artificial need for emergency staffing
and justify hiring personal services contractors.
2)Sudden and Unexpected Occurrences. AB 906 (Pan), statutes of
2013, prohibited state agencies from executing personal
service contracts, except in situations "necessary due to a
sudden and unexpected occurrence that poses a clear and
imminent danger, requiring immediate action to prevent or
mitigate the loss or impairment of life, health, property, or
essential public services," until the agency has certified
AB 1293
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that all employee organizations that perform the type of work
proposed to be contracted have been notified. The author
believes AB 906 was intended to help maintain the strong civil
service system envisioned in the Constitution, and this bill
will further those aims.
Analysis Prepared by:Joel Tashjian / APPR. / (916)
319-2081