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AB-1493 Civil service: Career Development Apprenticeship Program.(2023-2024)

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Date Published: 03/23/2023 09:00 PM
AB1493:v98#DOCUMENT

Corrected  March 27, 2023
Amended  IN  Assembly  March 23, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1493


Introduced by Assembly Member Ortega Wendy Carrillo

February 17, 2023


An act to amend Section 1600 of the Public Contract Code, relating to public contracts. An act to add Chapter 2.7 (commencing with Section 19991.20) to Part 2.6 of Division 5 of Title 2 of the Government Code, relating to public employment.


LEGISLATIVE COUNSEL'S DIGEST


AB 1493, as amended, Ortega Wendy Carrillo. Public contracts: electronic transmission. Civil service: Career Development Apprenticeship Program.
Existing law, the State Civil Service Act, creates the Department of Human Resources and grants to the department the powers, duties, and authority necessary to operate the state civil service system in accordance with Article VII of the California Constitution, the Government Code, the merit principle, and applicable rules duly adopted by the State Personnel Board. Existing law requires the State Personnel Board to prescribe rules consistent with a merit-based civil service system to govern classifications, examinations, probationary periods, disciplinary actions, appointments, and other matters related to the board’s authority under the California Constitution.
This bill would require the department to administer and oversee the Career Development Apprenticeship Program, which would provide an alternative to the traditional civil service examination and appointment process, as specified. The bill would require the department to implement the program, including establishing eligibility criteria for participation, special job classifications or position tenure and status designations, alternative examination and appointment types, and appeal procedures. The bill would require the department or its designee to conduct competitive examinations to determine the qualifications and readiness of career development apprentices for permanent state employment. The bill would require apprenticeship appointments to be made on a temporary and provisional basis, and would specify candidates serving in an apprenticeship appointment shall not acquire permanent civil service status for the duration of the term of the apprenticeship appointment. The bill would require the department or its designee to develop job-related evaluation standards that are appropriate tests of fitness for the job classification, and to provide a final evaluation to each apprentice at the end of the evaluation period that contains a determination as to whether the apprentice meets the minimum qualifications and a certification as to whether the apprentice successfully passed the evaluation period and should be transitioned to a permanent civil service appointment.

Existing law authorizes counties, a city and county, and state agencies to enter into and make payment on contracts by way of electronic transmission, including the issuance of solicitation documents and the receipt of responses thereto.

This bill would make a nonsubstantive change to those provisions.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Chapter 2.7 (commencing with Section 19991.20) is added to Part 2.6 of Division 5 of Title 2 of the Government Code, to read:
CHAPTER  2.7. Career Development Apprenticeship Program

19991.20.
 (a) The Department of Human Resources, consistent with board rules, notwithstanding any other law, including Chapter 4 (commencing with Section 3070) of Division 3 of the Labor Code, shall administer and oversee the Career Development Apprenticeship Program. The program shall provide an alternative to the traditional civil service examination and appointment process to help the state address persistently high vacancy rates in certain designated classifications and to facilitate broader access to civil service careers by eliminating barriers to employment. Individuals hired by this process shall be known as career development apprentices.
(b) For purposes of this chapter, “career development apprentice” means an interested career development apprenticeship program applicant who meets standardized, job-related criteria, as defined by department rule, who participates in a competitive selection process for admittance to the program, but does not meet the minimum qualifications in the classification specification for permanent list appointment to the classification.
(c) The department, in its sole discretion, shall determine which classifications are eligible for recruitment under the Career Development Apprenticeship Program.

19991.21.
 The department, consistent with board rules, shall implement this chapter, which may include the establishment of eligibility criteria for participation, special job classifications or position tenure and status designations, alternative examination and appointment types, and appeal procedures.

19991.22.
 The department or its designee shall conduct competitive examinations in the form of career development apprenticeship cohorts to determine the qualifications and readiness of career development apprentices for permanent state employment. For purposes of career development apprenticeship cohorts, the examination may consist of an on-the-job performance evaluation, academic evaluation, including the requirement to achieve passing grades, or any other job-related selection techniques deemed appropriate.

19991.23.
 An initial appointment to an eligible classification for the purpose of allowing an applicant to compete in the career development apprenticeship cohort shall be known as an apprenticeship appointment.

19991.24.
 The department shall refer the names of persons who meet eligibility criteria for participation in the career development apprenticeship cohort to appointing powers for selection and apprenticeship appointment. Notwithstanding any other law, all candidates meeting referral requirements shall be eligible for initial apprenticeship appointment. To provide for appropriate job placement, the department may prescribe methods for referring names to appointing powers.

19991.25.
 (a) All apprenticeship appointments to positions under this chapter shall be made on a temporary and provisional basis to allow candidates to demonstrate their ability to perform the duties of the position and to gain knowledge and skills necessary to meet the minimum qualifications of the classification when provided access to relevant hands-on and academic instruction. The term of the apprenticeship appointment shall be known as the cohort evaluation period.
(b) The department shall determine the duration of the cohort evaluation period, not to exceed two years, unless an extension is otherwise authorized by board rule.
(c) Termination of the apprenticeship appointment by the employee, appointing authority, or the department at any point during the cohort evaluation period shall occur in accordance with board rule.

19991.26.
 (a) Candidates serving in an apprenticeship appointment shall not acquire permanent civil service status for the duration of the cohort evaluation period but shall receive the same benefits other state employees in a temporary appointment are entitled.
(b) During the cohort evaluation period of the apprenticeship appointment, the career development apprentice shall not claim any portion of the on-the-job experience gained during program participation toward meeting minimum qualifications for permanent or limited-term appointment to the apprenticeship appointment classification or any other civil service classification.
(c) Only upon the satisfactory completion of the cohort evaluation period of an apprenticeship appointment shall the career development apprentice retroactively accrue the status of an apprenticeship appointment, including experience, earned during the cohort evaluation period for application toward meeting minimum qualifications for civil service positions.

19991.27.
 (a) The department or its designee shall develop job-related evaluation standards that are appropriate tests of fitness for the job classification. During the cohort evaluation period, the appointing power shall prepare periodic written evaluations of the candidate’s performance and academic achievements based on the job-related evaluation standards, subject to board rule.
(b) The department or its designee shall provide a final evaluation to each apprentice at the end of a cohort evaluation period. This evaluation shall contain both of the following:
(1) A determination as to whether or not the apprentice meets the minimum qualifications.
(2) A certification as to whether or not the apprentice successfully passed the cohort evaluation period and should be transitioned to a permanent civil service appointment.
(c) Upon successful completion of the cohort evaluation period with a passing evaluation, the apprentice shall be deemed to meet the minimum qualifications of the classification and have qualified in the examination, and the appointing power shall automatically transition the apprentice from a temporary apprenticeship appointment to a permanent appointment, without further examination, wherein the employee will serve a probationary period.

19991.28.
 Applicants for the program and career development apprentices in the career development apprenticeship program cohort evaluation period may appeal, in accordance with board rule, any of the following actions:
(a) A refusal to certify eligibility to participate in the program.
(b) A disqualification by an interview panel or by any other selection method used.
(c) A termination of an appointment of a candidate during the cohort evaluation period for job performance, conduct, or academics.

SECTION 1.Section 1600 of the Public Contract Code is amended to read:
1600.

Notwithstanding any other law, counties, a city and county, and state agencies may enter into and make payment on contracts by way of electronic transmission, including, but not limited to, the issuance of solicitation documents, and the receipt of responses thereto.

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CORRECTIONS:
Heading—Line 1.
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