BILL ANALYSIS                                                                                                                                                                                                    



                                                                      SB 99


                                                                    Page  1





          Date of Hearing:  August 27, 2015


                            ASSEMBLY COMMITTEE ON BUDGET


                                Shirley Weber, Chair


          SB  
          99 (Committee on Budget and Fiscal Review) - As Introduced  
          January 9, 2015


          SENATE VOTE:  Vote not relevant 


          SUBJECT:  Budget Act of 2015.


          SUMMARY:  Makes necessary statutory and technical changes to  
          implement the Budget Act of 2015 related to Civil Service  
          improvement provisions.  Specifically, this bill:  


             1.   Updates and expands the definition of career executive  
               to mean an employee appointed from an employment list  
               established for the express purpose of providing a list of  
               persons who are eligible for career executive assignment  
               (CEA) as specified for persons employed by the Legislature,  
               persons who served in the US military, persons holding  
               nonelected exempt positions in the executive branch of  
               government and private sector employees.


             2.   Simplifies and streamlines the process for persons  
               employed by the Legislature, persons who served in the US  
               military, and to persons holding nonelected exempt  
               positions in the executive branch of government to obtain  








                                                                      SB 99


                                                                    Page  2





               eligibility on a civil service list by taking a promotional  
               or CEA exam.  


             3.   Clarifies the termination rights of CEAs who were, prior  
               to their CEA appointment, legislative employees or  
               nonelected exempt executive branch employees to state that  
               he or she shall have the right to request a deferred  
               examination for any promotional list that his or her  
               appointment power has in existence at the time of  
               termination and for which he or she meets the minimum 1  
               qualifications.   


             4.   Repeals Government Code Section 19057 relating to the  
               Rule of Three Names for candidates who are eligible for  
               promotion within civil service.  


             5.   Expands the list of eligible employees for the purpose  
               of hiring persons into civil service positions by making  
               the Rule of Three Ranks the default certification list.   


                  a.        Allows appointing powers discretion to look at  
                    candidates based on a full evaluation of their merit  
                    (shown by results other than the exam results through  
                    a hiring process).  


             6.   Repeals Government Code Section 19057.2 relating to  
               creating a list of Six Ranks for the purpose of hiring  
               managers.  


             7.   Makes conforming changes to reflect repealing Government  
               Code Section 19057.










                                                                      SB 99


                                                                    Page  3





             8.   Repeals Government Code Section 19057.4 relating to the  
               Rule of One Rank.  


             9.   Extends existing due process rights to private sector  
               employees when an appointment power terminates a career  
               executive assignment, specifically,


                  a.        An employee who at the time of his or her  
                    appointment to a CEA was employed by the state and had  
                    civil service status shall be reinstated to a civil  
                    service position that is (1) not a CEA and (2) that is  
                    at least at the same salary level as the last position  
                    that he or she held as a permanent or probationary  
                    employee.


                  b.        If an employee had completed a minimum of five  
                    years of state service, he or she may return to a  
                    position that is (1) at substantially the same salary  
                    level as the last position or (2) at a salary level  
                    that is at least two steps lower than that of the CEA  
                    position from which he or she is being terminated.  


                  c.        Allows an employee who at the time of his or  
                    her appointment to a CEA was from the outside civil  
                    service shall be eligible to compete in any  
                    promotional examination at multiple departments for  
                    which he or she meets the minimum qualifications as  
                    outlined in the class specifications.  


                  d.        An employee receiving a passing score shall  
                    have his or her name placed on the promotional list  
                    resulting from the examination or otherwise gain  
                    eligibility for appointment.  









                                                                      SB 99


                                                                    Page  4






                  e.        The employee shall have the right to request a  
                    deferred examination for any promotional eligible list  
                    that is in existence at the time the CEA is  
                    terminated.


                  f.        Requires a request for a deferred examination  
                    to be made not later than 10 days after the effective  
                    date of termination of the CEA.  


                  g.        Requires the department or its designee to  
                    administer the deferred examination within 30 days of  
                    the date of the request. 


             10.  Includes various technical clean up language.  


             11.  Appropriates $300,000 to Department of Finance for the  
               posting on the department's internet website of all budget  
               requests included as part of the Governor's budget. 





          FISCAL EFFECT:  The bill would appropriate $300,000 one-time  
          General Fund for the Department of Finance to post all budget  
          requests included as part of the Governor's budget on its  
          website.  


          COMMENTS:  According to the Department of Finance, this trailer  
          bill includes the first round of Civil Service Improvement  
          proposals aimed at simplifying the state's outdated processes.   
          These specific proposals will make modest improvements to  
          streamline the state's existing hiring process and broaden the  








                                                                      SB 99


                                                                    Page  5





          pool of eligible candidates for Rank and File or Managerial  
          appointments within state civil service.  Additionally, this  
          proposal will increase state resource transparency by requiring  
          the Department of Finance to make all budgetary requests  
          available electronically on its website.  










































                                                                      SB 99


                                                                    Page  6





          
          REGISTERED SUPPORT / OPPOSITION:




          Support


          None on file 




          Opposition


          None on file 




          Analysis Prepared by:Genevieve Morelos / BUDGET  
          /916-319-2099