BILL ANALYSIS �
SB 1309
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Date of Hearing: June 20, 2012
ASSEMBLY COMMITTEE ON PUBLIC EMPLOYEES, RETIREMENT AND SOCIAL
SECURITY
Warren T. Furutani, Chair
SB 1309 (Negrete McLeod) - As Introduced: February 23, 2012
SENATE VOTE : 35-0
SUBJECT : Human resources.
SUMMARY : Makes statutory changes necessary to implement the
Governor's Reorganization Plan 1 (GRP 1) with respect to the
consolidation of the Department of Personnel Administration
(DPA) and the State Personnel Board (SPB) into a single agency
to be known as 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. Specifically, this bill :
1)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.
2)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.
3)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.
4)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.
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5)Clarifies that laws, programs and rules formerly under the
jurisdiction and administration of DPA and SPB will now be
under the jurisdiction and administration of CalHR.
6)Eliminates references and funding parameters for the Human
Resources Modernization project, which will cease to exist as
an independent project.
7)Makes name changes and includes other technical clean-up to
the statutes governing programs formerly administered by DPA
and SPB.
EXISTING LAW :
1)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 location.
2)Retains the independence and autonomy of the SPB with regard
to hearing matters related to the merit principle for state
civil service employees, as required in the Constitution.
3)Requires that in the year following passage of a Governor's
Reorganization Plan, conforming statutory changes be made as
needed to implement the plan.
FISCAL EFFECT : According to the Senate Appropriations
Committee analysis, "Redirection of an existing 14 personnel
years (PYs) to support the new audit function as follows:
1)Four PYs in the Policy Unit in the amount of $442,000
(General).
2)10 PYs in the Audit Unit in the amount of $1.266 million
(General/Special, reimbursed from departments that are
audited).
The Department of Finance has identified total savings of $8.6
million ($3.7 million General Fund) as a result of the
reorganization, mostly due to a 15% reduction in positions equal
to 60.5 PYs when the consolidation is complete. Most reductions
are expected to be achieved through vacancies and attrition over
the next few years. Additionally, 14 existing positions will be
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maintained to support the new audit function created in this
bill."
COMMENTS : Supporters state, "The reorganization plan 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."
A coalition of state employee and civil rights organizations has
raised concerns with the some of the statutory changes being
proposed related to the reorganization. While they support the
concept of the proposed consolidation, they are recommending
amendments to ensure that civil rights within state service are
preserved and strengthened.
The Committee is informed that CalHR is also committed to
preserving and promoting civil rights in state service and has
been working with the coalition to clarify and address many of
their concerns and will continue to do so throughout the
consolidation process.
A companion measure, SB 1308 (Public Employment and Retirement
Committee) of this year, codifies the statutory changes that
were put into effect upon passage of the GRP 1.
REGISTERED SUPPORT / OPPOSITION :
Support
SB 1309
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California Department of Human Resources (Sponsor)
Department of Personnel Administration
Opposition
None on file
Analysis Prepared by : Karon Green / P.E., R. & S.S. / (916)
319-3957