Today's Law As Amended

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AB-256 State Auditor: state employee suggestion program.(2011-2012)



SECTION 1.

 Section 8546.9 is added to the Government Code, to read:

8546.9.
 (a) Notwithstanding Section 8544.5, and upon an appropriation by the Legislature for this purpose, the State Auditor shall establish a reward program for state employees who identify innovative solutions for inefficiencies in state government or methods for saving the state money.
(b) A state employee who has identified an innovative solution for an inefficiency in state government or other methods for saving the state money shall submit his or her proposal to the State Auditor on a form to be developed by the State Auditor. The State Auditor shall accept applications that are submitted by mail or e-mail.
(c) After recording the receipt of an application and redacting the personal identifying information of the state employee, the State Auditor shall forward the proposal to the Legislative Analyst. The Legislative Analyst shall be responsible for evaluating the application and determining whether the proposal is viable and whether the implementation of the proposal would result in any savings to the implementing agency or department. The Legislative Analyst’s conclusions shall be submitted as a report to the State Auditor.
(d) If the State Auditor concurs with the determinations of the Legislative Analyst that the proposal is viable and would result in savings to the agency or department of any amount, then the State Auditor shall notify the state agency or department to which the proposal pertains of the determination. To the extent permitted by statute, the state agency or department shall implement the proposal within a reasonable time. If the state agency or department determines that the proposal cannot be implemented without a statutory change, then the agency or department shall report to the Legislature and the State Auditor the statutory changes that are required to enable the agency or department to implement the proposal.
(e) The agency or department, after implementing the proposal, shall report to the State Auditor the amount of savings realized by the agency or department in the first fiscal year as a result of implementing the proposal.
(1) Subject to the requirements of this subdivision, the State Auditor shall make an award to the state employee applicant in the amount of 10 percent of the amount of money saved by the state agency or department in the first fiscal year of implementing the proposal.
(A) A state employee shall not be eligible for an award if that employee utilized state time or resources to develop or submit the proposal to the State Auditor.
(B) Employee eligibility for awards will be measured in terms of assigned or expected job responsibilities. Eligibility shall be initially determined by the State Auditor, after consultation with the agency or department that employed the applicant at the time the proposal was submitted. An employee is not eligible for an award for a proposal pertaining to a subject assigned to him or her for research, development, or solution for which he or she has a clear and specific responsibility to offer as part of his or her normal job requirements. In determining normal job responsibilities, the State Auditor shall consider the job description and duty statement, performance requirements, supervisors’ interpretations, authority to place proposals into effect, expectations of the classification job specification, and other factors, such as customary practice, which may have a bearing on the duties expected of the applicant.
(2) The State Auditor shall also make an award to the implementing state agency or department in an amount of 10 percent of the amount of money saved by the state agency or department in the first fiscal year following the implementation of the proposal. In order to encourage the participation of state agencies and departments, it is the intent of the Legislature that the appropriation to a state agency or department in the fiscal year following the implementation of a proposal be in an amount sufficient to preserve the 10 percent award to the state agency or department.
(3) Any award made by the State Auditor may be paid from the appropriation available to the state agency or department affected by the award.