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SCA-11 State employment.(2011-2012)

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SCA11:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Senate Constitutional Amendment
No. 11


Introduced  by  Senator Huff

April 05, 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   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.