BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 1395
                                                                  Page  1

          Date of Hearing:   April 13, 2011

            ASSEMBLY COMMITTEE ON PUBLIC EMPLOYEES, RETIREMENT AND SOCIAL 
                                      SECURITY
                              Warren T. Furutani, Chair
                   AB 1395 (Swanson) - As Amended:  March 17, 2011
           
          SUBJECT  :   Public employment.

           SUMMARY  :   Requires all state agencies to post examination 
          announcements and job vacancies on the State Personnel Board 
          (SPB) Internet Web site and requires the names of laid off 
          employees in classifications that are limited to one department 
          or limited departments, as specified, to be place on general 
          employments lists in comparable statewide classifications.

           EXISTING LAW :

          1)Requires state civil service positions to be filled based on 
            merit through a competitive examination process that is fair 
            and free from discrimination. The SPB or a designated 
            appointing power is required to advertise examinations for the 
            establishment of eligible lists within a reasonable time 
            before the scheduled date of the exam.

          2)Requires that the names of state civil service employees who 
            are to be laid off, or who elect to be demoted in lieu of 
            layoff, from a class, be placed on the appropriate 
            reemployment lists for that class. In addition, the Department 
            of Personnel Administration is authorized to place these names 
            on the general reemployment list for any other appropriate 
            classes as the department determines. 

           FISCAL EFFECT  :   Unknown.

           COMMENTS  :   According to supporters, "In the past, state 
          agencies could opt out of having vacancies posted on the SPB 
          website and many did.  Posting these openings on one website 
          will make it easier for those applying for state employment to 
          search for available positions.  This bill will also level the 
          playing field for state employees seeking employment in other 
          California state agencies."

          According to the author, "Although the layoff process in the 
          government code recognizes years of state service as a key 








                                                                  AB 1395
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          factor in layoffs and reemployment rights, the proliferation of 
          department-specific and 'parenthetical' classifications in 
          recent years has reduced the importance of state service as a 
          factor and has reduced the likelihood of a laid-off employee 
          being hired."

          Supporters also state, "AB 1395 will help those state employees 
          affected by a layoff in a classification specific to one 
          department or class, by giving them the right to be on every 
          reemployment list throughout the state.  Currently, state 
          agencies are not required to put the names of all laid-off 
          employees on their reemployment lists.  In requiring the 
          departments and agencies to do so, there will be equanimity 
          among laid off state employees in their reemployment."



           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          Service Employees International Union, Local 1000

           Opposition 
           
          None on file
           
          Analysis Prepared by  :    Karon Green / P.E., R. & S.S. / (916) 
          319-3957