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


           ------------------------------------------------------------------ 
          |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



















                                                                      SB 99


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