BILL ANALYSIS �
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THIRD READING
Bill No: AB 2387
Author: Pan (D)
Amended: 8/22/14 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 6-0, 6/10/14
AYES: Hancock, Anderson, De Le�n, Knight, Liu, Steinberg
NO VOTE RECORDED: Mitchell
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 73-0, 5/8/14 (Consent) - See last page for vote
SUBJECT : Public Contracts
SOURCE : Commission on Peace Officer Standards and Training
DIGEST : This bill exempts the Commission on Peace Officer
Standards and Training (POST) from specified notification
requirements when entering into personal services contracts, as
specified; and exempts both POST and the Office of Emergency
Services (OES) from the requirement of obtaining three
competitive bids when those contracts are solely for the
services of instructors for public safety training.
Senate Floor Amendments of 8/22/14 add to an exemption that
provides that three competitive bids are not required when
contracts are entered into by POST or OES solely for the
services of instructors for public safety training and delete
the requirement that POST determine if the specified services to
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be provided cannot be provided by the state civil service
system.
ANALYSIS :
Existing law:
1. Requires, based on provisions in the California
Constitution, that services provided by state agencies
generally be performed by state civil service employees.
2. Permits the use of personal services contracts, as
specified, in order to achieve cost savings provided that
certain criteria are met.
3. Requires a state agency proposing to execute a personal
services contract to achieve cost saving to notify the State
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.
4. Provides that state agencies are generally required to
obtain at least three 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.
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. Requires, at a minimum, the notification to include a full
copy of the proposed contract and permits the notifying
agency to redact specific confidential or proprietary
information from the notice.
This bill:
1.Exempts personal services contracts entered into by POST from
specified notification requirements that other state agencies
must comply with when entering into personal services
contracts for non-cost savings reasons.
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2.Adds to the exceptions of a state agencies requirement to
obtain three competitive bids, as it pertains to the POST or
the OES, when those contracts are solely for the services of
instructors for public safety training.
Comments
The author states, "Existing law proposes numerous restrictions
that would prevent POST from providing critical training needed
by the law enforcement community where personal services
contracts are involved. Without an exemption or waiver, POST
will not be able to provide training needed by the law
enforcement community where personal services contracts are
involved. The services contracted are not available within
civil service or are of such a highly specialized or technical
nature that the necessary expert knowledge, experience, and
ability are not available through the civil service system."
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/22/14)
Commission on Peace Officer Standards and Training (source)
California Association of Highway Patrolmen
California Police Chiefs Association
California State Sheriffs' Association
Office of the District Attorney of San Diego County
ASSEMBLY FLOOR : 73-0, 5/8/14
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Ch�vez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Daly, Dickinson, Donnelly, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon,
Grove, Hagman, Harkey, Roger Hern�ndez, Holden, Jones,
Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein,
Medina, Melendez, Mullin, Muratsuchi, Nazarian, Nestande,
Olsen, Pan, Patterson, Perea, Quirk, Quirk-Silva, Rendon,
Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Wagner,
Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, John A.
P�rez
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NO VOTE RECORDED: Eggman, Gorell, Gray, Hall, Mansoor, V.
Manuel P�rez, Vacancy
JG:k 8/25/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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