Bill Text: CA SCA11 | 2011-2012 | Regular Session | Introduced
Bill Title: State employment.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-04-14 - Referred to Coms. on P.E. & R. and E. & C.A. [SCA11 Detail]
Download: California-2011-SCA11-Introduced.html
BILL NUMBER: SCA 11 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Huff
APRIL 5, 2011
A resolution to propose to the people of the State of California
an amendment to the Constitution of the State, by amending Section 1
of, and by repealing and adding Sections 2 and 3 of, Article VII
thereof, relating to state employment.
LEGISLATIVE COUNSEL'S DIGEST
SCA 11, as introduced, Huff. State employment.
The California Constitution establishes the civil service and
provides that the civil service includes every officer and employee
of the state, except as otherwise provided. The California
Constitution requires that, in the civil service, permanent
appointment and promotion be based on merit ascertained by
competitive examination. The California Constitution also establishes
the State Personnel Board, as specified, to enforce the civil
service statutes, prescribe probationary periods and classifications,
adopt other rules authorized by statute, and review disciplinary
actions.
This measure would provide that nothing in the provision
establishing the civil service shall be construed to limit, restrict,
or prohibit the state from contracting with private entities for the
performance of personal services, and would authorize the state to
enter into a personal services contract with a private entity upon
approval of the contract by the Office of Economic Growth. The
measure would establish the Office of Economic Growth as an
independent office in state government, consisting of an unspecified
number of public and private sector members appointed by the Governor
and the Legislature, as specified. The office would be responsible
for approving personal services contracts proposed by the state and
auditing those contracts to ensure compliance with their terms, and
would be required to establish criteria for the letting of personal
services contracts that provide for the most efficient and
cost-effective delivery of state services. The measure would require
the office to submit proposed contracts for public safety personal
services to the Legislature for review and consideration, and would
provide that a proposed contract shall be deemed approved 60 calendar
days after it is received by the Legislature unless it is expressly
rejected by resolution adopted by a majority of the membership of
either house.
This measure would delete the reference to permanent civil service
appointments and would instead provide that civil service
appointments may be terminated at the will of either the appointing
agency or the employee. The measure would require that all civil
service examinations be open to any member of the public who meets
the minimum qualifications for the position, as specified. The
measure would delete the provisions creating the State Personnel
Board and would instead require that civil service statutes be
enforced by a personnel agency under the authority of the Governor.
The measure would require this agency to create and submit to the
Legislature a comprehensive plan for the state workforce in order to
provide for the efficient and cost-effective delivery of governmental
services and the future workforce needs of the state, and would
require the agency to administratively implement the plan unless
expressly rejected by resolution of either house of the Legislature.
The measure would require the Office of Economic Growth to review the
plan annually and submit to the Legislature any recommended
revisions to the plan, and would require the agency to
administratively implement those revisions unless expressly rejected
by either house of the Legislature.
The measure would provide that its provisions shall be
self-executing, but would authorize the Legislature to enact the
statutes to implement these provisions by a 2/3 vote of the
membership of each house, if the statutes further the purpose of
these provisions.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
Resolved by the Senate, the Assembly concurring, That the
Legislature of the State of California at its 2011-12 Regular Session
commencing on the sixth day of December 2010, two-thirds of the
membership of each house concurring, hereby proposes to the people of
the State of California that the Constitution of the State be
amended as follows:
First-- That Section 1 of Article VII thereof is amended to read:
SECTION 1. (a) The civil service includes every officer and
employee of the State except as otherwise provided in this
Constitution.
(b) In the civil service permanent ,
appointment and promotion shall be made under a general system based
on merit ascertained by competitive examination. All civil
service examinations shall be open to any member of the public who
meets the minimum qualifications for the position, which shall not
require prior state service.
(c) Civil service appointments may be terminated at the will of
either the appointing agency or the employee.
(d) Nothing in this section shall be construed to limit, restrict,
or prohibit the State from contracting with private entities for the
performance of personal services.
Second-- That Section 2 of Article VII thereof is repealed.
SEC. 2. (a) There is a Personnel Board of 5 members appointed
by the Governor and approved by the Senate, a majority of the
membership concurring, for 10-year terms and until their successors
are appointed and qualified. Appointment to fill a vacancy is for the
unexpired portion of the term. A member may be removed by concurrent
resolution adopted by each house, two-thirds of the membership of
each house concurring.
(b) The board annually shall elect one of its members as presiding
officer.
(c) The board shall appoint and prescribe compensation for an
executive officer who shall be a member of the civil service but not
a member of the board.
Third-- That Section 2 is added to Article VII thereof, to read:
SEC. 2. (a) It is the intent of the people to encourage
competition between the civil service and private entities in order
to increase the efficiency and quality of government services.
(b) There is in state government an independent Office of Economic
Growth consisting of __ members appointed by the Governor and the
Legislature, as follows:
(1) __ appointees of the Governor.
(2) __ appointees of the President pro Tempore of the Senate.
(3) __ appointees of the leader of the largest minority party in
the Senate.
(4) __ appointees of the Speaker of the Assembly.
(5) __ appointees of the leader of the largest minority party in
the Assembly.
(c) Appointments to the office shall be geographically diverse in
order to represent all regions of the State. Appointees shall include
state officers or employees and members of the private sector
representing the various aspects of the state's economy, including,
but not limited to, manufacturing, technology, agriculture, services,
labor, and education.
(d) The office shall establish criteria for the letting of
personal services contracts that provide for the most efficient and
cost-effective delivery of state services. The office shall be
responsible for approving personal services contracts proposed by the
State and auditing those contracts to ensure compliance with their
terms.
(e) An appointing agency of the State may enter into a contract
with a private entity for the performance of personal services only
upon the approval of the contract by the office.
(f) Prior to approving a contract with a private entity for the
performance of public safety personal services pursuant to
subdivision (e), the office shall submit the proposed contract to the
Legislature for review and consideration. The proposed contract
shall be deemed approved by the Legislature 60 calendar days after it
is received by the Legislature, unless it is expressly rejected
during that period by resolution adopted by either house, a majority
of the membership concurring; provided that if that 60-day period
ends during a recess of the Legislature, the period shall be extended
until the sixth day following the day on which the Legislature
reconvenes.
Fourth-- That Section 3 of Article VII thereof is repealed.
SEC. 3. (a) The board shall enforce the civil service statutes
and, by majority vote of all its members, shall prescribe
probationary periods and classifications, adopt other rules
authorized by statute, and review disciplinary actions.
(b) The executive officer shall administer the civil service
statutes under rules of the board.
Fifth-- That Section 3 is added to Article VII thereof, to read:
SEC. 3. (a) Civil service statutes shall be enforced by a
personnel agency under the authority of the Governor. This agency
shall prescribe classifications, adopt other rules authorized by
statute, and review disciplinary actions.
(b) (1) The personnel agency shall create and submit to the
Legislature a comprehensive plan for the state workforce in order to
provide for the efficient and cost-effective delivery of state
services and for the future workforce needs of the State. This plan
shall include, but not be limited to, provisions related to unified
management, coordinated infrastructure, productive bargaining,
flexible classification, coordinated recruiting, supportive training,
and a fair, efficient, timely, and cost-effective disciplinary
process. The plan shall be implemented administratively by the agency
unless, within 60 calendar days after it is received by the
Legislature, it is expressly rejected by resolution adopted by either
house, a majority of the membership concurring; provided that if the
60-day period ends during a recess of the Legislature, the period
shall be extended until the sixth day following the day on which the
Legislature reconvenes.
(2) After the comprehensive plan has been created and implemented
by the personnel agency, the Office of Economic Growth shall annually
review the plan and shall submit to the Legislature any recommended
revisions to the plan. Any revisions to the plan recommended by the
office shall be implemented administratively by the personnel agency
unless they are expressly rejected by the Legislature within the time
period and in the manner described in paragraph (1).
Sixth-- That this measure shall be self-executing. The Legislature
may enact one or more statutes to facilitate the implementation of
this measure, if each statute is consistent with, and furthers the
purpose of, this measure and is passed in each house by rollcall vote
entered in the journal, two-thirds of the membership concurring.
