SENATE COMMITTEE ON

PUBLIC EMPLOYMENT AND RETIREMENT

Dr. Richard Pan, Chair
2015 - 2016 Regular
Bill No:
Author:
Version:
Urgency:
Consultant:

AB 466
McCarty
7/06/15 As amended
No
Pamela Schneider

Hearing Date:
Fiscal:

7/13/15
Yes

SUBJECT: State civil service: employment procedures

SOURCE: Service Employees International Union, Local 1000
ASSEMBLY VOTES:
Assembly Floor:
Assembly Appropriations Committee:
Assembly Public Employees,
Retirement/Soc Sec Committee:

47 - 27
12 - 5
5-2

DIGEST: This bill specifies that the requirement that state employment forms
require an applicant to disclose whether he or she has ever entered into an
agreement with the state employer prohibiting that person from seeking or
accepting any subsequent employment with the state do not apply if the agreement
prohibits him or her from seeking employment with a particular state agency (vs.
all state employment).
ANALYSIS:
Existing law:
1) Provides, pursuant to Section 1 of Article VII of the Constitution of California,
that the civil service includes every officer and employee of the state except as
otherwise provided, and that in the civil service, permanent appointment and
promotion be made under a general system based on merit ascertained by
competitive examination.
2) Requires, pursuant to the Civil Service Act, state employment to be based on
the merit principle; that appointments are based upon merit and fitness
ascertained through practical and competitive examination; and that tenure of
civil service employment is subject to good behavior.

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3) Establishes the State Personnel Board (SPB), which oversees the state
disciplinary process, hears appeals of the disciplinary process, and assists state
employers and employees in settling such appeals, which may include reaching
agreements to not seek subsequent state employment with a particular state
employer or all state employers.
4) Requires the California Department of Human Resources and the Department
of Fair Employment and Housing to work cooperatively to develop uniform
employment forms where possible pursuant to the provisions of the Civil
Service Act and to coordinate their enforcement of the Civil Service Act.
5) Requires each state agency to use the standard employment forms.
6) Requires state employment forms to require an applicant for employment to
disclose whether the person has ever entered into an agreement with the state,
regarding previous employment with the state, which prohibits the applicant
from seeking or accepting any subsequent employment with the state.
This bill modifies the disclosure requirement by specifying that employment forms
used by a state agency shall not be required to require a state employment
applicant to disclose if he or she has entered into an agreement that prohibits that
person from seeking employment with a particular state agency.
Background
Currently, when a state employer terminates a civil service employee, the
employee is entitled to appeal the dismissal to the independent State Personnel
Board (SPB). The SPB has the discretion to sustain, revoke, or modify the
termination. Generally, a prehearing and settlement conference is set to offer both
parties a chance to meet and negotiate a settlement of their case prior to a full
hearing before the SPB.
According to the author:
Settlement conferences offer an opportunity for both the employee and
employer to address the issue without having to go through the expense and
uncertainty of a formal evidentiary hearing. At these settlement
conferences, a wide range of proposals can be made, including proposals
that prohibit the employee from seeking or accepting subsequent
employment with their particular department or with the state as a whole.
The ability to negotiate such separation agreements is a key tool for both the

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State and the employee to effectively and efficiently resolve their differences
in the settlement negotiation process."
Prior/Related Legislation
SB 1240 (Anderson, Chapter 254, Statutes of 2014) required state employment
forms to require an applicant for employment to disclose whether the person has
ever entered into an agreement with the state, regarding previous employment with
the state, that prohibits the applicant from seeking or accepting any subsequent
employment with the state.
FISCAL EFFECT: Appropriation: No

Fiscal Com.: Yes

Local: No

The Assembly Appropriations Committee cites minor and absorbable costs to

CalHR and state agencies to update employment forms.
SUPPORT:
Service Employees International Union, Local 1000 (source)
California Association of Professional Scientists
California Association of Psychiatric Technicians
Professional Engineers in California Government
OPPOSITION:
None received
ARGUMENTS IN SUPPORT:
As stated by the sponsor, SEIU, Local 1000:
While the intent of SB 1240 is clear, the language has created confusion as
to whether all applicants, including those that have agreed to never seek or
accept subsequent employment with a particular department, would be
required to disclose such an agreement. The unintended consequence of a
broad disclosure requirement is that it will discourage both the employee and
the State from engaging in the settlement negotiation process, and result in
higher numbers of cases in the more costly and time consuming hearing
process before the SPB at taxpayers expense.