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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Public employment.

Spectrum: Partisan Bill (Democrat 1-0)

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

Download: California-2011-AB1395-Amended.html

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BILL NUMBER: AB 1395	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 17, 2011

INTRODUCED BY    Committee on Labor and Employment 
 (   Swanson (Chair), Alejo, Allen,
Furutani, and Yamada   )   Assembly
Member   Swanson 

                        FEBRUARY 28, 2011

   An act to amend  Section 12940 of   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, as amended,  Committee on Labor and Employment
  Swanson  .  Discrimination in employment.
  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. 

   Existing law, the California Fair Employment and Housing Act,
protects and safeguards the right and opportunity of all persons to
seek, obtain, and hold employment without discrimination or
abridgment on account of race, religious creed, color, national
origin, ancestry, physical disability, mental disability, medical
condition, marital status, sex, age, or sexual orientation. 

   This bill would make nonsubstantive changes to these provisions.

   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


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.  Such
  These announcements shall be publicly displayed on the
Internet Web site mai   ntained by the board. The 
announcement shall contain  such  information
 as   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  test   examination  is to be 
utilized   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
such 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. 
   (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. All matter omitted in this
version of the bill appears in the bill as introduced in the
Assembly, February 28, 2011. (JR11)