Bill Text: CA SB523 | 2013-2014 | Regular Session | Amended

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Bill Title: Public employment: merit system: waiver.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-02-03 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB523 Detail]

Download: California-2013-SB523-Amended.html

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BILL NUMBER: SB 523	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 1, 2013

INTRODUCED BY   Senator Correa

                        FEBRUARY 21, 2013

   An act to amend Section 19802.5 of  , and to add Section
19802.6 to,  the Government Code, relating to public employment.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 523, as amended, Correa. Public employment: merit system:
waiver.
   The California Constitution establishes the State Personnel Board
and requires the board to, among other things, enforce the civil
service statutes, prescribe probationary periods and classifications,
adopt rules authorized by statute, and review disciplinary actions.
Existing law requires the board to establish and maintain, by
regulation, standards on a merit basis for local agencies, as
specified, necessary for proper and efficient administration, and to
assure state conformity with applicable federal requirements.
Existing law authorizes the board to waive administration of all or
part of a local agency merit system under specified conditions.

   This bill would make nonsubstantive changes to the latter
provisions.  
   This bill would prohibit, in Orange County, any administrative
waiver of merit system standards, as described above, if an audit
finds the county to be out of compliance with a merit-based personnel
system.  
   This bill would make legislative findings and declarations as to
the necessity of a special statute for the County of Orange. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 19802.5 of the Government Code is amended to
read:
   19802.5.   Notwithstanding   Except as
provided in Section 19802.6, and notwithstanding  Sections 19801
and 19803, and after the State Personnel Board approves the
memorandum of understanding standards, the State Personnel Board may
waive administration of all or part of a local agency merit system if
administration of merit system standards, including, but not limited
to, certification, appointment and other transactions, layoff and
reinstatement, position classifications, compensation standards, and
disciplinary action are established pursuant to a legally binding
memorandum of understanding negotiated between the local agency
governing board and an employee organization recognized pursuant to
applicable law representing employees engaged in federally supported
programs under Section 19800. Upon request of the local agency
governing board and the recognized employee organization, such
waivers shall be granted on any or all standards following
determination by the State Personnel Board that the provisions of the
memorandum of understanding maintain merit system standards to the
extent necessary to qualify for federal funds. All merit system
standards waivers shall be subject to periodic audit, approval, or
revocation by the State Personnel Board. Upon revocation of a waiver,
the State Personnel Board may require any additional information as
a condition of waiver reinstatement.
   SEC. 2.    Section 19802.6 is added to the  
Government Code   , to read:  
   19802.6.  Notwithstanding Section 19802.5, if the County of Orange
is found to be out of compliance with a merit-based personnel system
pursuant to an audit by the county or the Department of Human
Resources, the county shall not be entitled to any waiver of
administration of merit system standards authorized by Section
19802.5. The standards that shall not be waived include, but are not
be limited to, those related to certification, appointment and other
transactions, layoff and reinstatement, position classifications,
compensation standards, and disciplinary action as established
pursuant to a binding memorandum of understanding applicable to
employees engaged in programs described in Section 19800. 
   SEC. 3.    The Legislature finds and declares that a
special law is necessary and that a general law cannot be made
applicable within the meaning of Section 16 of Article IV of the
California Constitution because of the need to implement recruitment,
hiring, and promotion standards in the County of Orange, consistent
with the findings of the 2008 report by the Orange County Grand Jury
on the county human resources department and the 2011 audit of the
Human Resources Department of Orange County by the Office of the
Performance Audit Director for Orange County.