Bill Text: CA AB2489 | 2023-2024 | Regular Session | Amended

California Assembly Bill 2489

Bill Title: Local agencies: contracts for special services and temporary help.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-05-16 - In committee: Held under submission. [AB2489 Detail]

Download: California-2023-AB2489-Amended.html

Amended IN Assembly April 29, 2024

Amended IN Assembly March 21, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 2489

Introduced by Assembly Member Ward

February 13, 2024

An act to amend Sections 31000, 31000.4, 37103, and 53060 of the Government Code, relating to local government.

LEGISLATIVE COUNSEL'S DIGEST

AB 2489, as amended, Ward. Local agencies: contracts for special services and temporary help.

(1) Existing law relating to the government of counties authorizes a county board of supervisors to contract for certain types of special services on behalf of the county, any county officer or department, or any district or court in the county. Existing law requires those special services contracts to be with persons who are specially trained, experienced, expert, and competent to perform those services.

This bill would require the board or a representative, at least 10 months before beginning a procurement process to contract with persons for special services that are currently, or were in the previous 10 years, performed by employees of the county represented by an employee organization, to notify, in writing, the exclusive employee representative of the workforce affected by the contract of its determination to begin that process. The bill would provide that this 10-month notice requirement does not apply in the event of an emergency, as defined. The bill would require persons with whom the board of supervisors enter into a contract for special services to perform functions that are currently, or were in the previous 10 years, performed by employees of the county, any county officer or department, or any district or court in the county represented by an employee organization to use employees who meet or exceed the minimum qualifications and standards required of bargaining unit civil service employees who perform or performed the same job functions, as specified. The bill would also require those persons to provide information to the county sufficient to show that their employees meet the minimum qualifications and standards. The bill would specify that these provisions do not apply to contracts between governmental entities.

(2) Existing law authorizes a county board of supervisors to contract with temporary help firms for temporary help to assist county agencies, departments, or offices during any peak load, temporary absence, or emergency other than a labor dispute, if the board determines that it is in the economic interest of the county to do so. Existing law limits the use of temporary help to no more than 90 days for any single peak load, temporary absence, or emergency situation.

This bill would impose requirements similar to those described in (1) for board contracts for temporary help, except that notice must be provided 90 days before beginning a procurement process to contract for temporary help.

(3) Existing law relating to the government of cities authorizes the legislative body of a city to contract with any specially trained and experienced person, firm, or corporation for special services and advice in financial, economic, accounting, engineering, legal, or administrative matters.

This bill would impose requirements similar to those described in (1) for city council contracts for special services.

(4) Existing law authorizes the legislative body of a public or municipal corporation or district to contract with persons performing special services in regard to financial, economic, accounting, engineering, legal, and administrative matters if those persons are specially trained and experienced and competent to perform the special services required.

This bill would impose requirements similar to those described in (1) for legislative body contracts for special services. The bill would clarify that special services include those for transit operation.

(5) The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all counties and cities, including charter counties and charter cities.

(6) By imposing new duties on local government agencies, the bill would create a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES

The people of the State of California do enact as follows:

SECTION 1.

Section 31000 of the Government Code is amended to read:

31000.

(a) (1) The board of supervisors may contract for special services on behalf of the following public entities:

(A) The county.

(B) Any county officer or department.

(2) Such contracts shall be with persons specially trained, experienced, expert and competent to perform the special services.

(3) The special services shall consist of services, advice, education, or training for such public entities or the employees thereof.

(4) The special services shall be in financial, economic, accounting, including the preparation and issuance of payroll checks or warrants, engineering, legal, medical, therapeutic, administrative, architectural, airport or building security matters, laundry services, or linen services. The special services may include maintenance or custodial matters if the board finds that the site is remote from available county employee resources and that the county’s economic interests are served by such a contract rather than by paying additional travel and subsistence expenses to existing county employees.

(5) The board of supervisors may pay from any available funds such compensation as it deems proper for these special services.

(6) The board of supervisors may, by ordinance, direct the purchasing agent to enter into contracts authorized by this section within the monetary limit specified in Section 25502.5 of the Government Code.

(b) (1) At least 10 months before beginning a procurement process to contract for special services that are currently, or were in the previous 10 years, performed by employees of the county, any county officer or department, or any district or court in the county represented by an employee organization, the board of supervisors, or its representative, shall notify, in writing, the exclusive employee representative of the workforce affected by the contract of its determination to begin that process. This paragraph shall not apply in the event of an emergency.

(2) Persons with whom the board of supervisors enter into a contract for special services to perform functions that are currently, or were in the previous 10 years, performed by employees of the county, any county officer or department, or any district or court in the county represented by an employee organization shall use employees who meet or exceed the minimum qualifications and standards required of bargaining unit civil service employees who perform or performed the same job functions, which may include, but are not limited to, the following qualifications and standards, as applicable:

(A) Criminal history and background checks before beginning employment.

(B) Academic attainment.

(D) Years of experience.

(E) Child and elder abuse reporting.

(F) Physical requirements.

(G) Assessment exams.

(H) Performance standards.

(3) Persons with whom the board of supervisors enter into a contract for special services shall provide information to the county sufficient to show that their employees meet the minimum qualifications and standards described in paragraph (2), and shall retain this information for at least two years.

(4) A contract for special services subject to this subdivision shall require that all records provided to the county pursuant to paragraph (3) shall be subject to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1). In furtherance of this subdivision, contractors and any subcontractors shall maintain records related to performance of the contract that ordinarily would be maintained by the county in performing the same functions.

(5) (A) This subdivision does not apply to contracts between governmental entities.

(B) This subdivision does not limit the applicability of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) to contracts between governmental entities.

(6) This subdivision shall apply to contracts with persons for special services entered into on and after January 1, 2025. This subdivision shall apply prospectively only and shall not be construed, applied, or otherwise interpreted to have any effect on or application to any contract entered into before the effective date of the act adding this subdivision.

(7) For purposes of this subdivision:

(A) “Contract for special services” means a contract entered into by the board of supervisors pursuant to subdivision (a).

(B) “Emergency” means a situation that calls for immediate action to respond to the threat of serious harm or mass casualties, including conditions of natural disaster or conditions posing extreme peril to the safety of persons or property in the territorial limits of the public agency.
~~(B)~~

(C) “Employee organization” means the same as defined in subdivision (a) of Section 3501.

(8) The Legislature finds and declares that this subdivision addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 4 of Article XI of the California Constitution. Therefore, this subdivision applies to all counties, including charter counties and the provisions of this subdivision shall supersede any inconsistent provisions in the charter of any county.

(9) The provisions of this subdivision are severable. If any provision of this subdivision or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

SEC. 2.

Section 31000.4 of the Government Code is amended to read:

31000.4.

(a) The board of supervisors may contract with temporary help firms for temporary help to assist county agencies, departments, or offices during any peak load, temporary absence, or emergency other than a labor dispute, provided the board determines that it is in the economic interest of the county to provide such temporary help by contract, rather than employing persons for such purpose. Use of temporary help under this section shall be limited to a period of not to exceed 90 days for any single peak load, temporary absence, or emergency situation.

(b) (1) At least 90 days before beginning a procurement process to contract for temporary help to perform functions that are currently, or were in the previous 10 years, performed by employees of the county agency, department, or office in the county represented by an employee organization, the board of supervisors, or its representative, shall notify, in writing, the exclusive employee representative of the workforce affected by the contract of its determination to begin that process.

(2) Persons with whom the board of supervisors enter into a contract for special services to perform functions that are currently, or were in the previous 10 years, performed by employees of the county agency, department, or office represented by an employee organization shall use employees who meet or exceed the minimum qualifications and standards required of bargaining unit civil service employees who perform or performed the same job functions, which may include, but are not limited to, the following qualifications and standards, as applicable:

(A) Criminal history and background checks before beginning employment.

(B) Academic attainment.

(D) Years of experience.

(E) Child and elder abuse reporting.

(F) Physical requirements.

(G) Assessment exams.

(H) Performance standards.

(5) (A) This subdivision does not apply to contracts between governmental entities.

(B) This subdivision does not limit the applicability of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) to contracts between governmental entities.

(7) For purposes of this subdivision:

(A) “Contract for temporary help” means a contract entered into by the board of supervisors pursuant to subdivision (a).

(B) “Employee organization” means the same as defined in subdivision (a) of Section 3501.

SEC. 3.

Section 37103 of the Government Code is amended to read:

37103.

(a) (1) The legislative body may contract with any specially trained and experienced person, firm, or corporation for special services and advice in financial, economic, accounting, engineering, legal, or administrative matters.

(2) The legislative body may pay such compensation to these experts as it deems proper.

(b) (1) At least 10 months before beginning a procurement process to contract for special services that are currently, or were in the previous 10 years, performed by employees of the city represented by an employee organization, the legislative body, or its representative, shall notify, in writing, the exclusive employee representative of the workforce affected by the contract of its determination to begin that ~~process~~ process. This paragraph shall not apply in the event of an emergency.

(2) Persons with whom the legislative body enters into a contract for special services to perform functions that are currently, or were in the previous 10 years, performed by employees of the city represented by an employee organization shall use employees who meet or exceed the minimum qualifications and standards required of bargaining unit civil service employees who perform or performed the same job functions, which may include, but are not limited to, the following qualifications and standards, as applicable:

(A) Criminal history and background checks before beginning employment.

(B) Academic attainment.

(D) Years of experience.

(E) Child and elder abuse reporting.

(F) Physical requirements.

(G) Assessment exams.

(H) Performance standards.

(3) Persons with whom the legislative body enter into a contract for special services shall provide information to the city sufficient to show that their employees meet the minimum qualifications and standards described in paragraph (2), and shall retain this information for at least two years.

(4) A contract for special services subject to this subdivision shall require that all records provided to the city pursuant to paragraph (3) shall be subject to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1). In furtherance of this subdivision, contractors and any subcontractors shall maintain records related to performance of the contract that ordinarily would be maintained by the city in performing the same functions.

(5) (A) This subdivision does not apply to contracts between governmental entities.

(B) This subdivision does not limit the applicability of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) to contracts between governmental entities.

(7) For purposes of this subdivision:

(A) “Contract for special services” means a contract entered into by the legislative body pursuant to subdivision (a).

(C) “Employee organization” means the same as defined in subdivision (a) of Section 3501.

(8) The Legislature finds and declares that this subdivision addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this subdivision applies to all cities, including charter cities and the provisions of this subdivision shall supersede any inconsistent provisions in the charter of any city.

SEC. 4.

Section 53060 of the Government Code is amended to read:

53060.

(a) (1) The legislative body of any public or municipal corporation or district may contract with and employ any persons for the furnishing to the corporation or district special services and advice in financial, economic, accounting, engineering, legal, transit operation, or administrative matters if such persons are specially trained and experienced and competent to perform the special services required.

(2) The authority herein given to contract shall include the right of the legislative body of the corporation or district to contract for the issuance and preparation of payroll checks.

(3) The legislative body of the corporation or district may pay from any available funds such compensation to such persons as it deems proper for the services rendered.

(b) (1) At least 10 months before beginning a procurement process to contract for special services that are currently, or were in the previous 10 years, performed by employees of the corporation or district represented by an employee organization, the legislative body, or its representative, shall notify, in writing, the exclusive employee representative of the workforce affected by the contract of its determination to begin that process. This paragraph shall not apply in the event of an emergency.

(2) Persons with whom the legislative body enter into a contract for special services to perform functions that are currently, or were in the previous 10 years, performed by employees of the corporation or district represented by an employee organization shall use employees who meet or exceed the minimum qualifications and standards required of bargaining unit civil service employees who perform or performed the same job functions, which may include, but are not limited to, the following qualifications and standards, as applicable:

(A) Criminal history and background checks before beginning employment.

(B) Academic attainment.

(D) Years of experience.

(E) Child and elder abuse reporting.

(F) Physical requirements.

(G) Assessment exams.

(3) Persons with whom the legislative body enter into a contract for special services shall provide information to the corporation or district sufficient to show that their employees meet the minimum qualifications and standards described in paragraph (2), and shall retain this information for at least two years.

(4) A contract for special services subject to this subdivision shall require that all records provided to the corporation or district pursuant to paragraph (3) shall be subject to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1). In furtherance of this subdivision, contractors and any subcontractors shall maintain records related to performance of the contract that ordinarily would be maintained by the county in performing the same functions.

(5) (A) This subdivision does not apply to contracts between governmental entities.

(B) This subdivision does not limit the applicability of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) to contracts between governmental entities.

(7) For purposes of this subdivision:

(A) “Contract for special services” means a contract entered into by the legislative body pursuant to subdivision (a).

(C) “Employee organization” means the same as defined in subdivision (a) of Section 3501.

(8) The Legislature finds and declares that this subdivision addresses a matter of statewide concern rather than a municipal affair as that term is used in Sections 4 and 5 of Article XI of the California Constitution. Therefore, this subdivision applies to all cities and counties, including charter cities and charter counties and the provisions of this subdivision shall supersede any inconsistent provisions in the charter of any city or county.

SEC. 5.

If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.