Bill Text: CA AB365 | 2019-2020 | Regular Session | Amended
Bill Title: State civil service: examination and hiring processes.
Spectrum: Bipartisan Bill
Status: (Vetoed) 2020-01-23 - Consideration of Governor's veto stricken from file. [AB365 Detail]
Download: California-2019-AB365-Amended.html
Amended
IN
Senate
June 19, 2019 |
Amended
IN
Assembly
March 12, 2019 |
Assembly Bill | No. 365 |
Introduced by Assembly Member Cristina Garcia (Coauthors: Senators |
February 04, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 19057.1 of the Government Code is amended to read:19057.1.
(a) Except for reemployment lists and State Restriction of Appointment lists, when an appointing power seeks to fill a vacant position by using an employment list, the department shall provide the appointing power with a certified list of the names and addresses of all eligible candidates whose scores at the time of certification represent the three highest ranks on the list and who have indicated a willingness to accept appointment under the conditions of employment specified. If there is more than one employment list or Limited Examination and Appointment Program referral list, the department shall, pursuant to applicable law and board rules, provide a single certified list of eligibles that combines the names and addresses of all eligible candidates.SEC. 2.
Section 19238 is added to the Government Code, to read:19238.
The department shall identify the 20 state agencies or departments with the lowest representation rate of persons with known disabilities, averaged over the five-year period from July 1, 2014, through June 30, 2019.SEC. 2.SEC. 3.
Section 19240 of the Government
Code, as amended by Section 2 of Chapter 356 of the Statutes of 2015, is amended to read:19240.
(a) The department, consistent with board rules, shall be responsible for the administration of the Limited Examination and Appointment Program. This program shall provide an alternative to the traditional civil service examination and appointment process to facilitate the hiring of persons with disabilities in the state civil service.SEC. 3.SEC. 4.
Section 19240 of the
Government Code, as added by Section 3 of Chapter 356 of the Statutes of 2015, is repealed.SEC. 4. SEC. 5.
Section 19241 of the Government
Code, as amended by Section 4 of Chapter 356 of the Statutes of 2015, is amended to read:19241.
The department, consistent with board rules, shall be responsible for the implementation of this chapter, which may provide for the establishment of eligibility criteria for participation, special job classifications, examination techniques, and the creation of a LEAP internship program for persons with developmental disabilities in coordination with the State Department of Developmental Services and the Department of Rehabilitation, and appointment and appeals procedures.SEC. 5.SEC. 6.
Section 19241
of the Government Code, as amended by Section 161 of Chapter 86 of the Statutes of 2016, is repealed.SEC. 6.SEC. 7.
Section 19241.5 of the Government Code is amended to read:19241.5.
This chapter establishes the Limited Examination and Appointment Program as a voluntary, additional method of applying for state employment and is not a mandate on any state agency employer or job applicant except to the extent specifically directed by the board.SEC. 7.SEC. 8.
Section 19242 of the Government
Code, as amended by Section 7 of Chapter 356 of the Statutes of 2015, is amended to read:19242.
(a) The department or its designee shall conduct competitive examinations to determine the qualifications and readiness of persons with disabilities for state employment. The examinations may include an on-the-job-performance evaluation and any other selection techniques deemed appropriate.SEC. 8.SEC. 9.
Section 19242 of the
Government Code, as added by Section 8 of Chapter 356 of the Statutes of 2015, is repealed.SEC. 9.SEC. 10.
Section 19242.05 of the Government Code is amended to read:19242.05.
(a) The LEAP internship program created in accordance with Section 19241 shall be designed to allow persons with developmental disabilities to meet the minimum qualifications of the LEAP classification to which those persons seek an examination appointment. The length of a LEAP internship shall be for a minimum period of 512 working hours.SEC. 10.SEC. 11.
Section 19242.2 of the Government
Code, as amended by Section 10 of Chapter 356 of the Statutes of 2015, is amended to read:19242.2.
(a) The department or its designee shall refer the names of persons with disabilities who meet eligibility criteria for participation and the minimum qualifications of the job classification and any other requirements deemed appropriate by the board to appointing powers for examination appointments. At the request of the appointing power, the department shall furnish a referral list described in this subdivision without combining it with parallel employment lists pursuant to Section 19057.1. Notwithstanding any other law, and to provide for appropriate job-person placement, all candidates meeting referral requirements shall be eligible for examination appointment. The department may prescribe the method for referring names to appointing powers.SEC. 11.SEC. 12.
Section 19242.2 of the
Government Code, as added by Section 11 of Chapter 356 of the Statutes of 2015, is repealed.SEC. 12.SEC. 13.
Section 19242.3 of the Government Code is amended to read:19242.3.
(a) A state agency that provides an internship to a person with a developmental disability or appoints a person with a developmental disability to a position under the Limited Examination and Appointment Program may finance the internship or position with personnel or any other funds available for this purpose and assigned to a vacant or unfilled position. A state agency that transfers funds from a vacant or unfilled position pursuant to this section does not eliminate the vacant or unfilled position, and may return or assign funds to fill the position.SEC. 13.SEC. 14.
Article 4 (commencing with Section 19245) is added to Chapter 5.5 of Part 2 of Division 5 of Title 2 of the Government Code, to
read:Article 4. LEAP Expansion Plan
19245.
(a) After consultation with the State Personnel Board, the Department of Rehabilitation, the State Department of Developmental Services, the State Council on Developmental Disabilities, and organizations representing persons with disabilities, the department shall, by July 1, 2020, develop and implement a plan for expansion of the LEAP program. The plan shall do both of the following:The Department of Human Resources shall identify the 20 state agencies or departments with the lowest representation rate of persons with known disabilities, averaged over the five-year period from July 1, 2014, through June 30, 2019, inclusive.
(a)By June 30, 2020, the department shall confer with each appointing power and require it to adopt or revise the plan required pursuant to Section 19232 to set new goals and timetables for hiring persons with disabilities. As part of the plan, each appointing power shall specify two or more of the following hiring strategies, and shall agree to utilize them until at least June 30, 2023:
(1)Use LEAP-only hiring for any hiring in classifications if parallel LEAP certified classes are available.
(2)Work with its disability advisory committee and the department to identify department-specific classifications that can be designated as LEAP-certified classes and commit to hiring from LEAP for those classes.
(3)Ensure that at least 16 percent of those interviewed for each position are individuals with disabilities, if those individuals apply and are eligible for appointment.
(4)Commit to hiring a qualified person
with a disability who is as qualified as other reachable candidates on the employment list, unless the appointing power can demonstrate that the person cannot perform the essential functions of the job, even with reasonable accommodation and appropriate training.
(5)Make vacant positions available for internships for persons with disabilities and make every effort to hire those who successfully complete the internships.
(6)Expand outreach to the disability community and agree that no hiring process will proceed unless qualified individuals with disabilities are adequately represented in the applicant pool.
(7)Work with the department to review all duty statements to ensure that they do not use discriminatory
criteria.
(8)Any other strategy that the department and the appointing power, after consultation with organizations representing persons with disabilities, determine to be potentially effective in hiring persons with disabilities.
(b)The department shall promptly make the plans developed or amended pursuant to subdivision (a) available as public records.
(c)By December 31, 2023, the department, in consultation with the State Personnel Board, the Department of Rehabilitation, and organizations representing persons with disabilities, shall report to the Legislature on the number of persons with disabilities hired by each appointing power that developed plans described in subdivision (a) during the three-year period ending
June 30, 2023, the number retained as of the end of that period, a comparison to hiring of persons with disabilities by the same agency in the three-year period ending June 30, 2020, an analysis of which strategies were most effective, and recommendations for future efforts to improve hiring of persons with disabilities for all state agencies.
(d)(1)A report required to be submitted under subdivision (c) shall be submitted in compliance with Section 9795 of the Government Code.
(2)Pursuant to Section 10231.5 of the Government Code, this section is repealed on December 31, 2027.