BILL ANALYSIS Ó
SB 99
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SENATE THIRD READING
SB
99 (Committee on Budget and Fiscal Review)
As Amended August 24, 2015
Majority vote. Budget Bill Appropriation Takes Effect
Immediately
SENATE VOTE: 23-13
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Budget |27-0 |Weber, Melendez, | |
| | |Travis Allen, | |
| | |Bigelow, Bloom, | |
| | |Bonta, Campos, | |
| | |Chávez, Chiu, Cooper, | |
| | |Gordon, Grove, Jones, | |
| | | | |
| | | | |
| | | | |
| | |Jones-Sawyer, Kim, | |
| | |Lackey, McCarty, | |
| | |Mullin, Nazarian, | |
| | |Obernolte, O'Donnell, | |
| | |Patterson, Rodriguez, | |
| | |Thurmond, Ting, Wilk, | |
| | |Williams | |
SB 99
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| | | | |
| | | | |
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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 United States (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 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.
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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.
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: i) not a CEA and ii) 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
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state service, he or she may return to a position that is:
i) at substantially the same salary level as the last
position or ii) 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.
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.
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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 Web
site.
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
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 Web site.
Analysis Prepared by:
Genevieve Morelos / BUDGET /916-319-2099 FN:
0001782
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