BILL ANALYSIS �
AB 2387
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Date of Hearing: April 23, 2014
ASSEMBLY COMMITTEE ON PUBLIC EMPLOYEES, RETIREMENT AND SOCIAL
SECURITY
Rob Bonta, Chair
AB 2387 (Pan) - As Amended: April 21, 2014
SUBJECT : Commission on Peace Officer Standards and Training:
contracting: authority.
SUMMARY : Exempts the Commission on Peace Officer Standards and
Training (POST Commission) from specified notification
requirements when entering into personal services contracts, as
specified. Specifically, this bill :
1)Exempts personal services contracts entered into by the POST
Commission from specified notification requirements that other
state agencies must comply with when entering into personal
services contracts for non-cost savings reasons.
2)Requires the POST Commission, when exercising its contracting
authority, to determine if the services to be provided cannot
be provided by the state civil service system because the
services are highly specialized, cannot be performed by civil
service employees, or are urgent or essential, as specified.
EXISTING LAW
1)Establishes the POST Commission within the Department of
Justice and sets forth its powers and duties which include,
among other things, the ability to contract with other
agencies, public or private, or persons as it deems necessary,
for services, facilities, studies, and reports as will best
assist the Commission in carrying out its duties and
responsibilities.
2)Requires, based on provisions in the California Constitution,
that services provided by state agencies generally be
performed by state civil service employees.
3)Permits the use of personal services contracts in order to
achieve cost savings provided that certain criteria are met.
4)Requires a state agency proposing to execute a personal
services contract to achieve cost saving to notify the State
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Personnel Board (SPB) of its intention and requires the SPB to
immediately contact specified persons or organizations upon
receipt of the notice so that they may be given a reasonable
opportunity to comment on the proposed contract.
5)Authorizes an employee organization to request, within 10 days
of receiving the above notice, the SPB to review any proposed
or executed contract, as specified.
6)Permits the use of personal services contracts in certain
other circumstances, including:
a) When the "nature of the services" is such that the
services cannot be adequately rendered by an existing
agency of the public entity.
b) If the state seeks to contract for private assistance to
perform "new functions" not previously undertaken by the
state or covered by an existing department.
c) When the state, under specified conditions contracts
with private contractors to achieve cost savings.
d) When the nature of the work is such that the Government
Code standards for emergency appointments apply.
e) When the services are of such urgent, temporary, or
occasional nature that the delay incumbent in their
implementation under civil service would frustrate their
very purpose.
7)Prohibits a state agency from executing a personal services
contract for non-cost savings reasons, except in specified
sudden and unexpected situations, until it has certified that
all employee organizations that perform the type of work being
contracted out have been notified.
8)Requires, at a minimum, the notification to include a full
copy of the proposed contract. Permits the notifying agency
to redact specific confidential or proprietary information
from the notice.
9)Requires the Department of General Services (DGS) to establish
the certification of notification process.
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FISCAL EFFECT : Unknown.
COMMENTS : According to supporters, "The POST program is
established in law (Penal Code section 13500 et. seq). Among
other duties, it is responsible for developing and providing
training for peace officers and public safety dispatchers
throughout the state. Training certified by POST occurs as a
result of an identified training need, creation of regulation by
the Commission and/or direction from the Legislature. POST has
over 4,200 certified training courses that are offered by over
800 presenters. This equates to two million hours of training
every year. POST is nationally known for its high standards and
rigor of its course certification practices and methods for
delivery of law enforcement training.
"The POST program is primarily funded by persons who violate the
laws that peace officers are trained to enforce. No tax dollars
are used to fund the POST program. There are more than 600
California law enforcement agencies that voluntarily participate
in the POST program."
AB 906 (Pan), Chapter 744, Statutes of 2013, prohibited a state
agency from executing a personal services contract for non-cost
savings reasons, except in specified sudden and unexpected
situations, until it has certified that all employee
organizations that perform the type of work being contracted out
have been notified and required DGS to establish the
certification of notification process.
According to the author, "Since POST contracts with very
specialized teachers and requires the experts in the field to
train new officers, AB 906 inadvertently made it difficult for
POST to provide critical law enforcement training. Even though
POST uses no tax dollars, the law was slowing down the approval
of contracts. AB 2387 will fix this and ensure that POST is
able to provide the best training for our officers."
Supporters conclude, "This bill will allow the POST Commission
to continue to retain outside state government instructors where
those services cannot be conducted by a civil service employee,
or where the services are urgent or essential and delaying the
delivery of these services would frustrate POST's mission or
providing the highest possible standard of training."
REGISTERED SUPPORT / OPPOSITION :
AB 2387
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Support
Commission on Peace Officer Standards and Training (Sponsor)
California Association of Highway Patrolmen
California Police Chiefs Association
California State Sheriffs' Association
Office of the District Attorney of San Diego County
Opposition
None on file
Analysis Prepared by : Karon Green / P.E., R. & S.S. / (916)
319-3957