Bill Text: CA AB366 | 2023-2024 | Regular Session | Enrolled

California Assembly Bill 366

Bill Title: County human services agencies: workforce development.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2024-09-20 - Vetoed by Governor. [AB366 Detail]

Download: California-2023-AB366-Enrolled.html

Enrolled September 05, 2024

Passed IN Senate August 30, 2024

Passed IN Assembly August 31, 2024

Amended IN Senate August 23, 2024

Amended IN Senate September 01, 2023

Amended IN Assembly May 18, 2023

Amended IN Assembly March 23, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 366

Introduced by Assembly Member Petrie-Norris

February 01, 2023

An act to add Section 19812 to the Government Code, relating to human services.

LEGISLATIVE COUNSEL'S DIGEST

AB 366, Petrie-Norris. County human services agencies: workforce development.

Existing law vests the Department of Human Resources with the jurisdiction and responsibility of establishing and maintaining personnel standards on a merit basis, and administering merit systems for local government agencies where those merit systems of employment are required by statute or regulation as a condition of a state-funded program or a federal grant-in-aid program established under federal law, including, but not limited to, the Social Security Act, as specified. Existing law requires the department, for the purposes of administering those state or federally supported programs, by regulation, to establish and maintain personnel standards on a merit basis for local agencies, as specified, as necessary for proper and efficient administration, and to ensure state conformity with applicable federal requirements. Existing law requires the department to administer the merit system for employees engaged in administering state-funded and federal grant-in-aid programs in a local agency not administering its own merit system, as specified.

This bill, notwithstanding those provisions, would require the department, in any state-funded or federal grant-in-aid program, to allow those agencies to use alternate processes to screen applications and establish eligibility lists for recruitment of new staff, and advancement of existing staff. The bill would authorize those alternatives to include allowing counties to screen and establish eligibility lists directly with oversight by the department and implementing alternative examination requirements, as defined, without advance approval by the department. The bill would authorize the alternative processes to be implemented until January 1, 2029.

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

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

SECTION 1.

The Legislature finds and declares all of the following:

(a) County human services agencies are struggling, like many other service sectors, to recruit and retain staff due to competition with other industries for a limited supply of workers.

(b) A human services labor shortage impacts all program areas, including child welfare and foster care services, adult protective services, in-home supportive services, Medi-Cal eligibility, California Work Opportunity and Responsibility to Kids Program (CalWORKs), CalFresh, and housing and homelessness services. This threatens the ability of counties to deliver critical public safety net services, which in turn threatens the ability of counties to meet their federal and state mandates and implement new federal and state initiatives to eliminate poverty and protect children and older adults from abuse and neglect.

(c) Many county human services agencies are experiencing significant staff vacancies and turnover, which can undermine counties’ efforts at system improvements across all programs and, in some instances, such as child welfare programs, can lead to fiscal sanctions for the state and counties.

(d) Higher employee vacancy rates and turnover among human services agencies impacts remaining staff who are taking on increasingly higher caseloads and workloads, resulting in worker burnout and further attrition.

(e) Constantly hiring new staff also has negative impacts, as those staff are less experienced and have less knowledge of complex program requirements, which results in lost productivity as new workers take time to learn the work. County costs also have increased due to this turnover, requiring constant recruiting, hiring, and training.

(f) Many counties rely upon the Department of Human Resources (CalHR) and Merit System Services to recruit, screen, and hire county human services staff, and counties statewide regardless are all required to abide by certain policies put forth by CalHR in their screening and hiring practices.

(g) Post-pandemic labor shortages and recent investments in health and human services programs necessitate new and updated approaches in recruitment and retention of human services staffing in order to remain competitive with other industries.

SEC. 2.

Section 19812 is added to the Government Code, to read:

19812.

(a) (1) Notwithstanding Sections 19801 and 19803, for local agencies that are not administering their own merit systems pursuant to this chapter, in any state-funded or federal grant-in-aid program, the Department of Human Resources shall allow those agencies to use alternate processes pursuant to this section to screen applications and establish eligibility lists for recruitment of new staff and advancement of existing staff.

(2) (A) The alternatives authorized under this subdivision are as follows:

(i) Allowing counties to screen and establish eligibility lists directly with oversight by the department.

(ii) Implementing alternative examination requirements without advance approval by the department.

(B) These alternatives shall be limited to the recruitment screening and examination process, and shall not include any modifications or creation of classifications, changes to job descriptions or duties, or changes to minimum qualifications.

(3) The authority to use the alternative processes described in this subdivision shall cease to be implemented on January 1, 2029.

(b) As used in this section, “alternative examination requirement” means the use of an “education and experience” examination, as utilized by the department in state hiring practices.