Bill Text: CA AB1395 | 2011-2012 | Regular Session | Enrolled

---

Bill Title: Public employment.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2011-08-08 - Vetoed by Governor. [AB1395 Detail]

Download: California-2011-AB1395-Enrolled.html

---

BILL NUMBER: AB 1395	ENROLLED
	BILL TEXT

	PASSED THE SENATE  JULY 11, 2011
	PASSED THE ASSEMBLY  JULY 14, 2011
	AMENDED IN SENATE  JUNE 21, 2011
	AMENDED IN SENATE  JUNE 16, 2011
	AMENDED IN ASSEMBLY  APRIL 14, 2011
	AMENDED IN ASSEMBLY  MARCH 17, 2011

INTRODUCED BY   Assembly Member Swanson

                        FEBRUARY 28, 2011

   An act to amend Sections 18933 and 19997.11 of, and to add Section
19053 to, the Government Code, relating to public employment.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1395, Swanson. Public employment.
   The State Civil Service Act requires that eligible lists for state
civil service positions be established as a result of free
competitive examinations open to persons who lawfully may be
appointed and who meet the minimum qualifications. The act requires
the State Personnel Board or a designated appointing power to
advertise examinations for the establishment of eligible lists within
a reasonable time before the scheduled date of the exam.
   This bill would require that the announcement of an examination be
publicly displayed on the Internet Web site maintained by the board.
The bill would also require that, whenever a vacancy in any position
is to be filled, the appointing agency advertise or announce the
vacancy on the Internet Web site maintained by the board for a
reasonable period of time.
   Existing law requires that names of employees to be laid off or
demoted be placed upon the reemployment list for the subdivision, if
a subdivision was designated, upon the departmental reemployment
list, and upon the general reemployment list, for the class from
which the employees were laid off or demoted. Existing law also
authorizes the Department of Personnel Administration to place these
names upon the general reemployment list for any other appropriate
classes as the department determines.
   This bill would additionally require the names of laid off
employees to be placed on general reemployment lists in comparable
statewide classifications whenever layoffs affect employees in a
classification specific to one department or in a classification with
a parenthetical class code used in limited departments. The bill
would require the removal of any name, after a period of 5
consecutive years, from the reemployment lists for the class unless
the period is extended by action of the department.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 18933 of the Government Code is amended to
read:
   18933.  Within a reasonable time before the scheduled date, the
board or a designated appointing power shall announce or advertise
examinations for the establishment of eligible lists. These
announcements shall be publicly displayed on the Internet Web site
maintained by the board. The announcement shall contain information
that the board deems proper and information concerning the following:

   (a) The date and place of the examination.
   (b) The nature of the minimum qualifications.
   (c) The general scope of the examination.
   (d) The relative weight of its several parts if more than one type
of examination is to be used.
  SEC. 2.  Section 19053 is added to the Government Code, to read:
   19053.  Whenever a vacancy in any position is to be filled, the
appointing agency shall advertise or announce the vacancy on the
Internet Web site maintained by the board for a reasonable period.
  SEC. 3.  Section 19997.11 of the Government Code is amended to
read:
   19997.11.  (a) The names of employees to be laid off or demoted
shall be placed upon the reemployment list for the subdivision, if a
subdivision was designated, upon the departmental reemployment list,
and upon the general reemployment list, for the class from which the
employees were laid off or demoted. The department may also place
these names upon the general reemployment list for any other
appropriate classes as the department determines. Whenever layoffs
affect employees in a classification specific to one department or in
a classification with a parenthetical class code used in limited
departments, the names of those employees shall be placed on general
reemployment lists in comparable statewide classifications. Employee
names shall be removed from reemployment lists pursuant to the
provisions of Section 18906.
   (b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if the provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.