BILL ANALYSIS �
AB 2387
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2387 (Pan)
As Amended August 22, 2014
Majority vote
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|ASSEMBLY: |73-0 |(May 8, 2014) |SENATE: |36-0 |(August 26, |
| | | | | |2014) |
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Original Committee Reference: P.E., R. & S.S.
SUMMARY : Exempts the Commission on Peace Officer Standards and
Training (POST Commission) from specified notification and
competitive bidding 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)Exempts contracts entered into by the POST or the Office of
Emergency Services from the competitive bidding process when
those contracts are solely for the services of instructors for
public safety training.
3)Defines the term "public safety training" for purposes of
these provisions.
The Senate amendments :
1)Delete provisions that would have required 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.
2)Exempt specified contracts entered into by the POST or the
Office of Emergency Services from competitive bidding
requirements.
EXISTING LAW :
AB 2387
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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 POST 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
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)Requires, generally, state agencies to obtain at least three
competitive bids or proposal when entering into a contract.
6)Specifies that the competitive bidding requirement does not
apply in certain circumstances, including, among others, in
cases of emergency when the contract is necessary for the
immediate preservation of the public health, welfare, or
safety, or protection of state property.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
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
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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 the Department of General
Services 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."
There is no registered opposition to this bill.
Analysis Prepared by : Karon Green / P.E., R. & S.S. / (916)
319-3957
FN: 0005412