BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 1240|
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CONSENT
Bill No: SB 1240
Author: Anderson (R)
Amended: As introduced
Vote: 21
SENATE PUBLIC EMPLOY. & RETIRE. COMM .: 4-0, 4/21/14
AYES: Torres, Walters, Block, Gaines
NO VOTE RECORDED: Evans
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : State civil service: employment procedures
SOURCE : Author
DIGEST : This bill requires 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.
ANALYSIS :
Existing law:
1.Provides, pursuant to Section 1 of Article VII of the
Constitution of California 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
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merit ascertained by competitive examination.
2.Requires, pursuant to the Civil Service Act ("the Act"), state
employment to 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.
3.Requires the California Department of Human Resources and the
Department of Fair Employment and Housing to work
cooperatively to develop uniform employment forms where
possible pursuant to the provisions of the Act and coordinate
their enforcement of the Act.
4.Requires that each state agency to use the standard employment
forms.
This bill provides that the standard employment form to 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
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
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employed by another state agency and has entered an agreement
that prohibits them from seeking or accepting further employment
with the state."
JL:e 5/7/14 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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