BILL ANALYSIS �
SENATE PUBLIC EMPLOYMENT & RETIREMENT BILL NO: SB 1309
Gloria Negrete McLeod, Chair
Hearing date: March 26, 2012
SB 1309 (Negrete McLeod) as introduced 2/23/12
FISCAL: YES
GOVERNOR'S REORGANIZATION PLAN 1, 2011: CONFORMING STATUTORY
CHANGES
HISTORY :
Sponsor: California Department of Human Resources
(CalHR)
Prior legislation: GRP 1, 2011
SB 1308 (Negrete McLeod): also being heard in
this committee
SUMMARY :
SB 1309 makes conforming statutory changes to assist in
implementing the Governor's plan (GRP 1, 2011) to consolidate
the Department of Personnel Administration (DPA) and the
administrative functions of the State Personnel Board (SPB)
into a single agency: the California Department of Human
Resources (CalHR).
The constitutional autonomy of the governing body of the
State Personnel Board (Board) with regard to oversight of the
merit principal and state civil service is retained with that
body.
BACKGROUND AND ANALYSIS :
1) Existing law :
a) merges, effective July 1, 2012, the day-to-day staff
operations of the DPA and SPB organizations into a new,
consolidated agency, CalHR, and will result in
relocating the two former departments into a single
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location (ideally by July 1, 2013).
b) retains the independence and autonomy of the Board
with regard to hearing matters related to the merit
principle for state civil service employees, as required
in the Constitution.
c) requires that in the year following passage of a
Governor's Reorganization Plan, conforming statutory
changes be made as needed to implement the Plan.
2) This bill makes technical and non-controversial statutory
changes in order to implement GRP 1, 2011, as follows:
a) clarifies that CalHR inherits DPA's powers and duties
as well as those necessary to operate the civil service
system in accordance with the Constitution, merit
principle, and SPB rules.
b) clarifies that the Board will continue to hear cases
and prescribe rules consistent with the merit principle
and will conduct audits to ensure compliance with the
merit principle.
c) states that appointing powers in state agencies and
departments shall provide the Board and CalHR with
access to records and prepare reports as needed to
comply with the Board's authority over the merit system
and CalHR's oversight of non-merit personnel components.
d) establishes audit authority for the Board over
personnel practices delegated to departments relative to
the merit principle (e.g., exams, promotions,
discipline) and provides enforcement authority,
including authority to order remedies for department
misconduct, loss of departmental delegation over
personnel, voided appointments, and redirection of
departmental authority to CalHR to perform certain of
the department's personnel functions with compensation
to CalHR for costs related to assuming the those
functions.
e) clarifies that laws, programs and rules formerly
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under the jurisdiction and administration of DPA and SPB
shall now be under the jurisdiction and administration
of CalHR.
f) eliminates references and funding parameters for the
Human Resources Modernization project, which shall cease
to exist as an independent project.
g) makes name changes and includes other technical
clean-up to the statutes governing programs formerly
administered by DPA and SPB.
FISCAL :
The Department of Finance has scored annual savings of
$5.5-$5.8 million as a result of the reorganization, chiefly
due to position reductions, that will be fully effective when
consolidation occurs and the two departments become
co-located. Staff reductions are expected to be achieved
through attrition over the next few years. In addition, it
is expected that efficiencies will be achieved in the line
agencies with regard to more effective human resources
functions, resulting in additional unquantified savings.
COMMENTS :
1) What is the merit principle ?
The state Constitution requires that hiring and promotion for
civil service positions be made under a general system of
merit based on competitive examinations. The system is
intended to prevent patronage and unfair hiring and
promotional practices within the civil service. The State
Personnel Board (SPB) was established to oversee the merit
system and to ensure fairness in the civil service with
regard to hiring, promotions, and disciplinary actions.
In the past, SPB performed a number of administrative duties
with regard to state hiring, exams, and the creation of new
classifications, in addition to hearing complaints and
appeals relative to disciplinary actions and application of
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the merit principle. While much of the SPB's administrative
duties will be merged into CalHR, GRP 1 preserves the
autonomy and independence of the Board to continue its
oversight of the merit principle in civil service and to hear
complaints and appeals.
2) Argument in Support :
According to the sponsor, GRP 1, 2011, merges DPA and the
State Personnel Board into a single entity: the California
Department of Human Resources, or CalHR. To be properly
reflected in statute, the plan requires many technical
changes. While SB 1308 (Committee on Public Employment and
Retirement) contains many of the changes, SB 1309 includes
technical "clean-up" items not included in SB 1308.
These changes in SB 1309 ensure that the SPB
non-constitutional functions transferred to CalHR are
reflected in statute, including oversight of bilingual and
interpreter services, administering exams and appointments,
ensuring employment forms comply with federal and state laws,
and responsibility over certain civil rights issues (e.g.,
monitoring departments' Equal Employment Opportunity program
obligations).
SB 1309 also contains language to ensure SPB preserves its
constitutional jurisdiction and independence, specifying that
its five-member board maintains oversight and authority over
the civil service merit system, disciplinary appeals process,
and other constitutionally defined duties.
3) SUPPORT :
California Department of Human Resources (CalHR), Sponsor
Association of California State Employees with
Disabilities (ACSED), Support if Amended
4) OPPOSITION :
None to date
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