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SB-523 Public employment: merit system: waiver.(2013-2014)

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SB523:v98#DOCUMENT

Amended  IN  Senate  April 01, 2013

CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Senate Bill
No. 523

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: NOYES   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.