Amended in Senate August 22, 2014

Amended in Assembly April 21, 2014

Amended in Assembly March 20, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2387

Introduced by Assembly Member Pan

February 21, 2014

An act to amend Section 19132 of the Government Code, and to amend Section begin delete 13503 end delete begin insert 10340 end insert of the begin delete Penal end delete begin insert Public Contract end insert Code, relating to begin delete peace officers. end delete begin insert public contracts. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2387, as amended, Pan. begin delete Commission on Peace Officer Standards and Training: contracting: authority. end delete begin insert Public contracts. end insert

begin delete

(1) Existing law establishes the Commission on Peace Officer Standards and Training within the Department of Justice and sets forth its powers and duties, which include, among other things, the power to contract with other agencies or persons for services, facilities, studies, and reports as will best assist the commission in carrying out its duties and responsibilities.

end delete begin delete

This bill would require the commission, in exercising that contracting authority, to determine if services to be contracted for cannot be satisfactorily provided by the state civil service system because the services are highly specialized, the services cannot be performed by a civil service employee, or the services required are urgent or essential and delaying the performance of these services would frustrate the need for the services or resulting studies or reports.

end delete begin delete

(2)

end delete

begin insert (1) end insert  Existing law, the State Civil Service Act, permits the use of personal services contracts in order to achieve cost savings and in certain other circumstances, including when the services contracted are not available within civil service. Existing law requires a state agency proposing to execute a personal services contract in those certain other circumstances to notify all organizations that represent state employees who perform the type of work to be contracted, except as specified.

This bill would exempt personal services contracts entered into by the begin delete commission end delete begin insert Commission on Peace Officer Standards and Training end insert pursuant to its contracting authority begin insert , as specified, end insert from that notification requirement.

begin insert

(2) Under existing law, state agencies are generally required to obtain at least 3 competitive bids for each contract. This requirement does not apply under certain circumstances, including, among others, when the contract is necessary for the immediate preservation of the public health, welfare, or safety, or protection of state property.

end insert begin insert

This bill would add to these exceptions contracts entered into by the Commission on Peace Officer Standards and Training or the Office of Emergency Services when those contracts are solely for the services of instructors for public safety training.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 19132 of the Government Code is
amended to read:

19132.  

(a) The State Personnel Board, at the request of an
employee organization that represents state employees, shall review
the adequacy of any proposed or executed contract that is of a type
enumerated in subdivision (b) of Section 19130. The review shall
be conducted in accordance with subdivision (c) of Section 10337
of the Public Contract Code. However, a contract that was reviewed
at the request of an employee organization when it was proposed
need not be reviewed again after its execution.

(b) (1) Unless a personal services contract pursuant to
subdivision (b) of Section 19130 is necessary due to a sudden and
unexpected occurrence that poses a clear and imminent danger,
requiring immediate action to prevent or mitigate the loss or
impairment of life, health, property, or essential public services,
the contract shall not be executed until the state agency proposing
to execute the contract has notified all organizations that represent
state employees who perform the type of work to be contracted.

(2) At a minimum, the notice shall include a full copy of the
proposed contract. The notifying agency may redact specific
confidential or proprietary information from the notice.

(3) The Department of General Services shall establish a process
to certify the notification in paragraph (1).

(4) The notification and certification of notice requirements of
this subdivision do not change the requirements for contracts under
Section 11045 or require an additional notification.

(5) This subdivision does not apply to contracts executed by
the Commission on Peace Officer Standards and Training pursuant
to subdivision (c) of Section 13503 of the Penal Code and this
article.

begin delete

SEC. 2.  

Section 13503 of the Penal Code is amended to read:

13503.  

In carrying out its duties and responsibilities, the
commission shall have all of the following powers:

(a) To meet at those times and places as it may deem proper.

(b) To employ an executive secretary and, pursuant to civil
service, those clerical and technical assistants as may be necessary.

(c) To contract with other agencies, public or private, or persons
as it deems necessary, for the rendition and affording of those
services, facilities, studies, and reports to the commission as will
best assist it to carry out its duties and responsibilities. In
contracting pursuant to this subdivision, the commission shall
determine if services to be contracted for cannot be satisfactorily
provided by the state civil service system because the services are
highly specialized, the services cannot be performed by a civil
service employee, or the services required are urgent or essential
and delaying the performance of these services would frustrate the
need for the services or resulting studies or reports, as described
in Section 19130 of the Government Code.

(d) To cooperate with and to secure the cooperation of county,
city, city and county, and other local law enforcement agencies in
investigating any matter within the scope of its duties and
responsibilities, and in performing its other functions.

(e) To develop and implement programs to increase the
effectiveness of law enforcement and when those programs involve
training and education courses to cooperate with and secure the
cooperation of state-level officers, agencies, and bodies having
jurisdiction over systems of public higher education in continuing
the development of college-level training and education programs.

(f) To cooperate with and secure the cooperation of every
department, agency, or instrumentality in the state government.

(g) To do any and all things necessary or convenient to enable
it fully and adequately to perform its duties and to exercise the
power granted to it.

(h) The commission shall not have the authority to adopt or
carry out a regulation that authorizes the withdrawal or revocation
of a certificate previously issued to a peace officer pursuant to this
chapter.

(i) Except as specifically provided by law, the commission shall
not have the authority to cancel a certificate previously issued to
a peace officer pursuant to this chapter.

end delete

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 10340 of the end insert begin insert Public Contract Code end insert begin insert is amended
to read: end insert

10340.  

(a) Except as provided by subdivision (b), state
agencies shall secure at least three competitive bids or proposals
for each contract.

(b) Three competitive bids or proposals are not required in any
of the following cases:

(1) In cases of emergency where a contract is necessary for the
immediate preservation of the public health, welfare, or safety, or
protection of state property.

(2) When the agency awarding the contract has advertised the
contract in the California State Contracts Register and has solicited
all potential contractors known to the agency, but has received less
than three bids or proposals.

(3) The contract is with another state agency, a local
governmental entity, an auxiliary organization of the California
State University, an auxiliary organization of a California
community college, a foundation organized to support the Board
of Governors of the California Community Colleges, or an auxiliary
organization of the Student Aid Commission established pursuant
to Section 69522 of the Education Code. These contracts, however,
may not be used to circumvent the competitive bidding
requirements of this article.

(4) The contract meets the conditions prescribed by the
department pursuant to subdivision (a) of Section 10348.

(5) The contract has been awarded without advertising and
calling for bids pursuant to Section 19404 of the Welfare and
Institutions Code.

(6) Contracts entered into pursuant to Section 14838.5 of the
Government Code.

(7) Contracts for the development, maintenance, administration,
or use of licensing or proficiency testing examinations.

(8) The contract is for services for the operation, maintenance,
repair, or replacement of specialized equipment at facilities of the
State Water Resources Development System, as defined in Section
12931 of the Water Code, and meets the conditions established by
the Department of Water Resources for those contracts.

(9) The contract meets the conditions prescribed by the
Department of Water Resources for contracts subject to Section
10295.6.

begin insert

(10) Contracts entered into by the Commission on Peace Officer
Standards and Training or the Office of Emergency Services solely
for the services of instructors for public safety training. For the
purpose of this paragraph, “public safety training” includes, but
is not limited to, training related to law enforcement, emergency
medical response, emergency volunteers, and fire responders.

end insert

(c) Any agency which has received less than three bids or
proposals on a contract shall document, in a manner prescribed by
the department, the names and addresses of the firms or individuals
it solicited for bids or proposals.