BILL ANALYSIS                                                                                                                                                                                                    �






          SENATE PUBLIC EMPLOYMENT & RETIREMENT   BILL NO:  SB 1240
          Norma Torres, Chair         HEARING DATE:  April 21, 2014
          SB 1240 (Anderson)    as introduced   2/20/14FISCAL:  YES

           STATE CIVIL SERVICE:  EMPLOYEMENT FORMS 
           
           HISTORY  :

            Sponsor:  Author

           SUMMARY  :

          SB 1240 would require state employment application forms to  
          require an applicant to disclose whether the applicant had  
          ever entered upon an agreement with a state department  
          prohibiting the applicant from seeking or accepting  
          subsequent employment with the state.

           BACKGROUND AND ANALYSIS  :
          
           1)Existing law  :

             a)   provides, pursuant to Section 1 of Article VII of the  
               State Constitution, that the civil service includes  
               every officer and employee of the State except as  
               otherwise provided and that in the civil service,  
               permanent appointment and promotion shall be made under  
               a general system based on merit ascertained by  
               competitive examination.

             b)   requires, pursuant to the Civil Service Act ("the  
               Act"), that state employment shall be based on the merit  
               principle; that appointments are based upon merit and  
               fitness ascertained through practical and competitive  
               examination; and that tenure of civil service employment  
               is subject to good behavior.

             c)   requires the California Department of Human Resources  
               (CalHR) and the Department of Fair Employment and  
               Housing (DFEH) to work cooperatively to develop uniform  
               employment forms where possible pursuant to the  
               provisions of the Act and coordinate their enforcement  
               of the Act.
          Glenn A. Miles
          Date:  April 7, 2014                                    Page  
          1










             d)   requires that each state agency shall use the  
               standard employment forms.

           2)This bill  :  
           
             a)   provides that the standard employment form shall  
               include a required disclosure by the applicant to  
               disclose whether the applicant has ever entered into an  
               agreement with a state agency or department, presumably  
               as part of a termination agreement, not to seek or  
               accept subsequent employment with the state.





           COMMENTS  :

          1)Arguments in Support  :

          According to the author, the California State Auditor issued  
          a March 2013 report on the construction of the new Bay  
          Bridge, including disciplinary actions against Caltrans  
          employees for improprieties on the bridge project identified  
          in the report.  The report noted that a certain Caltrans  
          employee with a history of disciplinary issues had appealed  
          his dismissal relating to the bridge project improprieties.   
          Subsequently, the employee entered into a settlement  
          agreement with Caltrans to leave state service and not seek  
          or accept another position with the state.  Because there is  
          no mechanism to track such negotiated separation agreements,  
          the Auditor identified a significant risk that the employee  
          could be hired by another state agency despite his past  
          dishonesty and neglect of duty.

          According to the Author's office, "Under current practices,  
          there is no efficient way of identifying individuals applying  
          for employment in a state agency as someone who was  
          previously employed by another state agency and has entered  
          an agreement that prohibits them from seeking or accepting  
          further employment with the state."

          Glenn A. Miles
          Date:  April 7, 2014                                    Page  
          2









           2)OPPOSITION  :

            None on file.




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          Glenn A. Miles
          Date:  April 7, 2014                                    Page  
          3