The California Constitution provides that the civil service includes every officer and employee in the state except as otherwise provided in the Constitution. Existing law, the State Civil Service Act, however, permits the use of personal services contracts by state agencies if specified conditions are met. In this regard, a state agency may use a personal service contract to achieve cost savings if, among other conditions, the contract does not cause the displacement, as defined, of civil service employees. Existing law also permits the use of personal services contracts in response to particular conditions, including during emergencies, if the contract is for a new state function and the Legislature has mandated or authorized the performance of work by independent contractors, or to protect against a conflict of interest, among others.

This bill would make the use of personal services contracts in response to particular conditions, as described above, conditional on the contract not causing the displacement, as defined, of civil service employees.

Existing law, the Ralph C. Dills Act, grants to state employees the right to form employee organizations for the purpose of representing their members in negotiating conditions of employment with the state. Existing law provides a statement of legislative purpose in connection with these and other provisions.

This bill would make nonsubstantive changes in this statement of purpose.

GOVERNOR'S VETO

GV Bill Id:AB 1293

Author:(Holden)

As Enrolled Ver:September 4, 2015

2/3 vote

SUMMARY: Prohibits the use of personal services contracts for reasons other than achieving cost savings if the contract would displace civil service employees. Specifically, this bill:

1. Provides that the use of personal services contracts in response to particular conditions is prohibited if it will cause the displacement of civil service employees.

2. Defines "displacement" to include layoffs, demotions, involuntary transfers to a new class or to a new location requiring a change in residence, and time base reductions.

3. Specifies that displacement does not include shift changes or reassignment to other positions in the same class and general location.

EXISTING LAW:

1. Requires, based on provisions in the California Constitution, that services provided by state agencies generally be performed by state civil service employees.

2. Permits the use of personal services contracts in order to achieve cost savings provided that certain criteria are met.

3. Requires a state agency proposing to execute a personal services contract to achieve cost saving to notify the State Personnel Board (SPB) of its intention and requires the SPB to immediately contact specified persons or organizations upon receipt of the notice so that they may be given a reasonable opportunity to comment on the proposed contract.

4. Authorizes an employee organization to request, within 10 days of receiving the above notice, the SPB to review any proposed or executed contract, as specified.

5. Permits the use of personal services contracts in certain other circumstances, including:

   1. When the "nature of the services" is such that the services cannot be adequately rendered by an existing agency of the public entity.

   2. If the state seeks to contract for private assistance to perform "new functions" not previously undertaken by the state or covered by an existing department.

   3. When the state, under specified conditions contracts with private contractors to achieve cost savings.

   4. When the nature of the work is such that the Government Code standards for emergency appointments apply.

   5. When the services are of such urgent, temporary, or occasional nature that the delay incumbent in their implementation under civil service would frustrate their very purpose.

6. Prohibits a state agency from executing a personal services contract for non-cost savings reasons, except in specified sudden and unexpected situations, until it has certified that all employee organizations that perform the type of work being contracted out have been notified.

7. Requires, at a minimum, the notification to include a full copy of the proposed contract. Permits the notifying agency to redact specific confidential or proprietary information from the notice.

8. Requires the Department of General Services (DGS) to establish the certification of notification process.

FISCAL EFFECT: According to the Assembly Appropriations Committee, unknown, but potentially substantial costs to state agencies, both General and Special Funds, if this bill interferes with current emergency staffing and hiring processes.

COMMENTS: According to information provided to the Committee by the sponsor of this bill, "In August 2014, California Correctional Health Care Services (CCHCS) issued State Restriction of Appointment (SROA) notices (layoff notices) to employees in several medical services classifications. During the period in which the layoff notices were issued, the state actively recruited private vendor staff through existing contracts and Craigslist."

"SROA notices generally imply that there is a layoff due to the fact that there is not enough work. However, for a six month period ending June 2014, the overtime for Registered Nurses and Licensed Vocational Nurses was upwards of 400,000 hours for a six month period. Some staff who received SROA notices were transferred to other positions at other institutions doing the same work. Others have not found work yet and will remain unemployed. Currently, CCHCS is working to address Mandatory overtime by recruiting 785 Limited Term Staff. Recruiting Limited-Term Intermittent staff will be difficult because they are easier to terminate because they have less employee protections. When departments need to save money they can cut intermittent workers’ hours, terminate contract employees, or terminate temporary appointments such as limited-term appointments. Finally, departments should not be allowed to layoff civil service staff when it creates a staffing emergency resulting in the use of contract/registry staff."

According to the author, "AB 1293 gets to the issue by prohibiting state departments from laying off civil service employees thereby artificially creating the illusory need for emergency staffing situations that have to be filled by an alternative or temporary workforce, and circumventing AB 906 (Pan), Chapter 744, Statutes of 2013, by recruiting registry staff during the layoff process from pre-existing contracts."

AB 906 prohibited a state agency from executing a personal services contract, except in specified sudden and unexpected situations, until it has certified that all employee organizations that perform the type of work being contracted out have been notified. According to the author, AB 906 was intended to ensure that state agencies and departments are working in conjunction with the Legislature to build and maintain a strong civil service system, as envisioned in the California Constitution.

GOVERNOR'S VETO MESSAGE:

This bill would prohibit a personal services contract if it causes layoff, demotion or involuntary transfer to a new classification or location.

Currently, personal service contracts cannot be used in lieu of existing civil service work. Furthermore, before a state agency can enter into a personal services contract, the agency must demonstrate, among other things, that the services cannot be performed by and will not displace civil service employees.

I understand the sponsors have introduced this bill in response to recent action by the federal receiver's office. As such, I am directing the Department of Corrections to investigate that office's practices with respect to Government Code Section 19130.

Analysis Prepared by: Karon Green / P.E.,R., & S.S. / (916) 319-3957 FN: 0002499

 THIRD READING  

Bill No: AB 1293

Author: Holden (D)

Amended: 3/26/15 in Assembly

Vote: 21

SENATE PUBLIC EMP. & RET. COMMITTEE: 3-2, 7/13/15

AYES: Pan, Beall, Hall

NOES: Morrell, Fuller

SENATE APPROPRIATIONS COMMITTEE: 5-2, 8/27/15

AYES: Lara, Beall, Hill, Leyva, Mendoza

NOES: Bate, Nielsen

ASSEMBLY FLOOR: 53-24, 6/2/15 - See last page for vote

SUBJECT: State public employment: state personal services contracts

SOURCE: Service Employees International Union, Local 1000

DIGEST: This bill prohibits the use of state personal services contracts for reasons other than achieving cost savings if the contract would displace state civil service employees.

ANALYSIS:

Existing law:

1. Requires, based on provisions in the California Constitution, that services provided by state agencies generally be performed by state civil service employees.

2. Permits the use of personal services contracts in order to achieve cost savings provided that specified criteria are met.

3. Requires a state agency proposing to execute a personal services contract to achieve cost saving to notify the State Personnel Board (SPB) of its intention and requires the SPB to immediately contact specified persons or organizations upon receipt of the notice so that they may be given a reasonable opportunity to comment on the proposed contract.

4. Authorizes an employee organization to request, within 10 days of receiving the above notice, the SPB to review any proposed or executed contract, as specified.

5. Permits the use of personal services contracts in circumstances other than to achieve cost savings, including:

1. When the nature of the services is such that the services cannot be adequately rendered by an existing agency of the public entity.

2. If the state seeks to contract for private assistance to perform "new functions" not previously undertaken by the state or covered by an existing department.

3. When the nature of the work is such that the Government Code standards for emergency appointments apply.

4. When the services are of such urgent, temporary, or occasional nature that the delay incumbent in their implementation under civil service would frustrate their very purpose.

6. Prohibits a state agency from executing a personal services contract for non-cost savings reasons, except in specified sudden and unexpected situations, until it has certified that all employee organizations that perform the type of work being contracted out have been notified.

7. Requires, at a minimum, the notification to include a full copy of the proposed contract. Permits the notifying agency to redact specific confidential or proprietary information from the notice.

8. Requires the Department of General Services to establish the certification of notification process.

This bill:

1. Provides that the use of personal services contracts in response to particular conditions other than to achieve cost savings is prohibited if it will cause the displacement of civil service employees.

2. Defines "displacement" to include layoffs, demotions, involuntary transfers to a new class or to a new location requiring a change in residence, and time base reductions.

3. Specifies that displacement does not include changes in shifts or days off or reassignment to other positions in the same class and general location.

Comments

According to the author:

In August 2014, California Correctional Health Care Services (CCHCS) issued State Restriction of Appointment (SROA) notices [i.e., layoff notices] to employees in several medical services classifications. During the period in which the layoff notices were issued, the state actively recruited private vendor staff through existing contracts and Craigslist.

SROA notices generally imply that there is a layoff due to the fact that there is not enough work. However, for a six month period ending June 2014, the overtime for Registered Nurses and Licensed Vocational Nurses was upwards of 400,000 hours for a six month period. Some staff who received SROA notices were transferred to other positions at other institutions doing the same work. Others have not found work yet and will remain unemployed. Currently, CCHCS is working to address mandatory overtime by recruiting 785 Limited Term Staff. Recruiting Limited-Term Intermittent staff will be difficult because they are easier to terminate because they have less employee protections. When departments need to save money they can cut intermittent workers’ hours, terminate contract employees, or terminate temporary appointments such as limited-term appointments. Finally, departments should not be allowed to layoff civil service staff when it creates a staffing emergency resulting in the use of contract/registry staff.

Prior Legislation

AB 906 (Pan, Chapter 744, Statutes of 2013) prohibits a state agency from executing a personal services contract, except in specified sudden and unexpected situations, until it has certified that all employee organizations that perform the type of work being contracted out have been notified.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Senate Appropriations Committee this bill will result in unknown costs, potentially over $50,000 (General and/or special funds), to the extent this bill were to impact current emergency staffing and hiring processes.

SUPPORT: (Verified 8/27/15)

Service Employees International Union, Local 1000 (source)

American Federation of State, County and Municipal Employees

California School Employees Association

OPPOSITION: (Verified 8/27/15)

None received

ARGUMENTS IN SUPPORT: According to the sponsor:

In June 2014, California Correctional Health Care Services (CCHCS) issued layoff notices to its healthcare staff. According to vacancy data from the State Controller’s Office (SCO), two months before layoff notices were issued, the classes that received notices had a total of 566 vacancies. Following the layoffs, in December 2014, vacancies increased by 278 to 844. Excessive overtime hours, coupled with vacancies prove that there is more work than the department is currently staffed for.

In January 2015, CCHCS issued a memorandum regarding implementation of a Limited-Term Intermittent Nursing Pool. They plan to hire 785.3 CNAs, LVNs and RNs. CCHCS currently has retention and recruitment problems due to incomparable pay and benefits provided by other state departments, county, and private institutions. The issue of staffing was created by CCHCS and now they are replacing the regular workforce with temporary workers and registry staff.

AB 1293 gets to this issue by prohibiting state departments from laying off civil service employees, artificially creating the illusory need for emergency staffing situations that have to be filled by an alternative or temporary workforce. This scenario circumvents AB 906, which requires unions to be notified when new contracts are put out to bid, because CCHCS recruited registry staff during the layoff process from pre-existing contracts.

ASSEMBLY FLOOR: 53-24, 6/2/15

AYES: Alejo, Bloom, Bonilla, Bonta, Brown, Burke, Calderon, Campos, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd, Frazier, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Roger Hernández, Holden, Irwin, Jones-Sawyer, Levine, Linder, Lopez, Low, McCarty, Medina, Mullin, Nazarian, O'Donnell, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone, Thurmond, Ting, Waldron, Weber, Williams, Wood, Atkins

NOES: Achadjian, Travis Allen, Baker, Bigelow, Brough, Chang, Dahle, Beth Gaines, Gallagher, Hadley, Harper, Jones, Kim, Lackey, Maienschein, Mathis, Mayes, Melendez, Obernolte, Olsen, Patterson, Steinorth, Wagner, Wilk

NO VOTE RECORDED: Chávez, Eggman, Grove

Prepared by: Pamela Schneider / P.E. & R. / (916) 651-1519

8/31/15 11:43:36

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

AB 1293 (Holden) - State public employment: labor negotiations

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

AB 1293 would prohibit the use of state personal services contracts for reasons other than achieving cost savings if the contract would displace state civil service employees.

Fiscal Impact:

This bill would result in unknown costs, potentially over $50,000 (General and/or special funds), to the extent this bill were to impact current emergency staffing and hiring processes.

Background:

Current law generally requires that services provided by state agencies generally must be performed by state civil service employees. However, the use of personal services contracts is permitted in certain instances, including the following:

• To achieve cost savings provided that specified criteria are met.

• For other non cost-saving circumstances, including (1) when the nature of the services is such that they cannot be adequately rendered by an existing agency of the public entity, (2) if the State seeks to contract for private assistance to perform "new functions" not previously undertaken by the State or covered by an existing department, (3) when the nature of the work is such that the Government Code standards for emergency appointments apply, or (4) when the services are of such urgent, temporary, or occasional nature that the delay incumbent in their implementation under civil service would frustrate their very purpose.

Current law generally prohibits a state agency from executing a personal services contract for non-cost savings reasons, except in specified sudden and unexpected situations, until it has certified that all employee organizations that perform the type of work being contracted out have been notified.

Proposed Law:

This bill would (1) provide that the use of personal services contracts in response to particular conditions other than to achieve cost savings is prohibited if it will cause the displacement of civil service employees, (2) define "displacement" to include layoffs, demotions, involuntary transfers to a new class or to a new location requiring a change in residence, and time base reductions, and (3) specify that displacement does not include changes in shifts or days off or reassignment to other positions in the same class and general location.

Related Legislation:

AB 906 (Pan, Chapter 744, Statutes of 2013) prohibited a state agency from executing a personal services contract, except in specified sudden and unexpected situations, until it has certified that all employee organizations that perform the type of work being contracted out have been notified.

Staff Comments:

This bill would prohibit state departments from laying off civil service employees to create a situation where the hiring of personal services contractors is needed.

-- END --

SENATE COMMITTEE ON

PUBLIC EMPLOYMENT AND RETIREMENT

Dr. Richard Pan, Chair

2015 - 2016 Regular

Bill No: AB 1293 Hearing Date: 7/13/15

Subject: State public employment: labor negotiations

SOURCE: Service Employees International Union, Local 1000

ASSEMBLY VOTES:

DIGEST: This bill prohibits the use of state personal services contracts for reasons other than achieving cost savings if the contract would displace state civil service employees.

ANALYSIS:

Existing law:

1. Requires, based on provisions in the California Constitution, that services provided by state agencies generally be performed by state civil service employees.

2. Permits the use of personal services contracts in order to achieve cost savings provided that specified criteria are met.

3. Requires a state agency proposing to execute a personal services contract to achieve cost saving to notify the State Personnel Board (SPB) of its intention and requires the SPB to immediately contact specified persons or organizations upon receipt of the notice so that they may be given a reasonable opportunity to comment on the proposed contract.

4. Authorizes an employee organization to request, within 10 days of receiving the above notice, the SPB to review any proposed or executed contract, as specified.

5. Permits the use of personal services contracts in circumstances other than to achieve cost savings, including:

1. When the nature of the services is such that the services cannot be adequately rendered by an existing agency of the public entity.

2. If the state seeks to contract for private assistance to perform "new functions" not previously undertaken by the state or covered by an existing department.

3. When the nature of the work is such that the Government Code standards for emergency appointments apply.

4. When the services are of such urgent, temporary, or occasional nature that the delay incumbent in their implementation under civil service would frustrate their very purpose.

6. Prohibits a state agency from executing a personal services contract for non-cost savings reasons, except in specified sudden and unexpected situations, until it has certified that all employee organizations that perform the type of work being contracted out have been notified.

7. Requires, at a minimum, the notification to include a full copy of the proposed contract. Permits the notifying agency to redact specific confidential or proprietary information from the notice.

8. Requires the Department of General Services (DGS) to establish the certification of notification process.

This bill:

1. Provides that the use of personal services contracts in response to particular conditions other than to achieve cost savings is prohibited if it will cause the displacement of civil service employees.

2. Defines "displacement" to include layoffs, demotions, involuntary transfers to a new class or to a new location requiring a change in residence, and time base reductions.

3. Specifies that displacement does not include changes in shifts or days off or reassignment to other positions in the same class and general location.

Background

According to the author of the bill:

In August 2014, California Correctional Health Care Services (CCHCS) issued State Restriction of Appointment (SROA) notices (i.e., layoff notices) to employees in several medical services classifications. During the period in which the layoff notices were issued, the state actively recruited private vendor staff through existing contracts and Craigslist.

SROA notices generally imply that there is a layoff due to the fact that there is not enough work. However, for a six month period ending June 2014, the overtime for Registered Nurses and Licensed Vocational Nurses was upwards of 400,000 hours for a six month period. Some staff who received SROA notices were transferred to other positions at other institutions doing the same work. Others have not found work yet and will remain unemployed. Currently, CCHCS is working to address Mandatory overtime by recruiting 785 Limited Term Staff. Recruiting Limited-Term Intermittent staff will be difficult because they are easier to terminate because they have less employee protections. When departments need to save money they can cut intermittent workers’ hours, terminate contract employees, or terminate temporary appointments such as limited-term appointments. Finally, departments should not be allowed to layoff civil service staff when it creates a staffing emergency resulting in the use of contract/registry staff.

Prior/Related Legislation

AB 906 (Pan, Chapter 744, Statutes of 2013) prohibited a state agency from executing a personal services contract, except in specified sudden and unexpected situations, until it has certified that all employee organizations that perform the type of work being contracted out have been notified.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Assembly Appropriations Committee, costs are unknown, but potentially substantial costs to state agencies, both General and Special Funds, if this bill interferes with current emergency staffing and hiring processes.

SUPPORT:

Service Employees International Union, Local 1000 (source)

American Federation of State, County and Municipal Employees

California School Employees Association

OPPOSITION:

None received

ARGUMENTS IN SUPPORT:

According to the sponsor:

In June 2014, California Correctional Health Care Services (CCHCS) issued layoff notices to its healthcare staff. According to vacancy data from the State Controller’s Office (SCO), two months before layoff notices were issued, the classes that received notices had a total of 566 vacancies. Following the layoffs, in December 2014, vacancies increased by 278 to 844. Excessive overtime hours, coupled with vacancies prove that there is more work than the department is currently staffed for.

In January 2015, CCHCS issued a memorandum regarding implementation of a Limited-Term Intermittent Nursing Pool. They plan to hire 785.3 CNAs, LVNs and RNs. CCHCS currently has retention and recruitment problems due to incomparable pay and benefits provided by other state departments, county, and private institutions. The issue of staffing was created by CCHCS and now they are replacing the regular workforce with temporary workers and registry staff.

AB 1293 gets to this issue by prohibiting state departments from laying off civil service employees, artificially creating the illusory need for emergency staffing situations that have to be filled by an alternative or temporary workforce. This scenario circumvents AB 906, which requires unions to be notified when new contracts are put out to bid, because CCHCS recruited registry staff during the layoff process from pre-existing contracts.

ASSEMBLY THIRD READING

ATR Bill Id:AB 1293

Author:(Holden)

As Amended Ver:March 26, 2015

Majority vote

SUMMARY: Prohibits the use of personal services contracts for reasons other than achieving cost savings if the contract would displace civil service employees. Specifically, this bill:

1. Provides that the use of personal services contracts in response to particular conditions is prohibited if it will cause the displacement of civil service employees.

2. Defines "displacement" to include layoffs, demotions, involuntary transfers to a new class or to a new location requiring a change in residence, and time base reductions.

3. Specifies that displacement does not include shift changes or reassignment to other positions in the same class and general location.

EXISTING LAW:

1. Requires, based on provisions in the California Constitution, that services provided by state agencies generally be performed by state civil service employees.

2. Permits the use of personal services contracts in order to achieve cost savings provided that certain criteria are met.

3. Requires a state agency proposing to execute a personal services contract to achieve cost saving to notify the State Personnel Board (SPB) of its intention and requires the SPB to immediately contact specified persons or organizations upon receipt of the notice so that they may be given a reasonable opportunity to comment on the proposed contract.

4. Authorizes an employee organization to request, within 10 days of receiving the above notice, the SPB to review any proposed or executed contract, as specified.

5. Permits the use of personal services contracts in certain other circumstances, including:

   1. When the "nature of the services" is such that the services cannot be adequately rendered by an existing agency of the public entity.

   2. If the state seeks to contract for private assistance to perform "new functions" not previously undertaken by the state or covered by an existing department.

   3. When the state, under specified conditions contracts with private contractors to achieve cost savings.

   4. When the nature of the work is such that the Government Code standards for emergency appointments apply.

   5. When the services are of such urgent, temporary, or occasional nature that the delay incumbent in their implementation under civil service would frustrate their very purpose.

6. Prohibits a state agency from executing a personal services contract for non-cost savings reasons, except in specified sudden and unexpected situations, until it has certified that all employee organizations that perform the type of work being contracted out have been notified.

7. Requires, at a minimum, the notification to include a full copy of the proposed contract. Permits the notifying agency to redact specific confidential or proprietary information from the notice.

8. Requires the Department of General Services (DGS) to establish the certification of notification process.

FISCAL EFFECT: According to the Assembly Appropriations Committee, unknown, but potentially substantial costs to state agencies, both General and Special Funds, if this bill interferes with current emergency staffing and hiring processes.

COMMENTS: According to information provided to the Committee by the sponsor of this bill, "In August 2014, California Correctional Health Care Services (CCHCS) issued State Restriction of Appointment (SROA) notices (layoff notices) to employees in several medical services classifications. During the period in which the layoff notices were issued, the state actively recruited private vendor staff through existing contracts and Craigslist."

"SROA notices generally imply that there is a layoff due to the fact that there is not enough work. However, for a six month period ending June 2014, the overtime for Registered Nurses and Licensed Vocational Nurses was upwards of 400,000 hours for a six month period. Some staff who received SROA notices were transferred to other positions at other institutions doing the same work. Others have not found work yet and will remain unemployed. Currently, CCHCS is working to address Mandatory overtime by recruiting 785 Limited Term Staff. Recruiting Limited-Term Intermittent staff will be difficult because they are easier to terminate because they have less employee protections. When departments need to save money they can cut intermittent workers’ hours, terminate contract employees, or terminate temporary appointments such as limited-term appointments. Finally, departments should not be allowed to layoff civil service staff when it creates a staffing emergency resulting in the use of contract/registry staff."

According to the author, "AB 1293 gets to the issue by prohibiting state departments from laying off civil service employees thereby artificially creating the illusory need for emergency staffing situations that have to be filled by an alternative or temporary workforce, and circumventing AB 906 (Pan), Chapter 744, Statutes of 2013, by recruiting registry staff during the layoff process from pre-existing contracts."

AB 906 prohibited a state agency from executing a personal services contract, except in specified sudden and unexpected situations, until it has certified that all employee organizations that perform the type of work being contracted out have been notified. According to the author, AB 906 was intended to ensure that state agencies and departments are working in conjunction with the Legislature to build and maintain a strong civil service system, as envisioned in the California Constitution.

Analysis Prepared by: Karon Green / P.E.,R., & S.S. / (916) 319-3957 FN: 0000603

Date of Hearing: May 20, 2015

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Jimmy Gomez, Chair

ABPCA Bill Id:AB 1293

Author:(Holden) – As Amended Ver:March 26, 2015

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill prohibits state agencies from using personal services contracts if it would result in the layoff, demotion, involuntary transfer, time reduction, or other displacement of civil service employees. The bill clarifies that "displacement" does not include changes in shifts or days off, nor does it include reassignment to other positions within the same class and general location.

FISCAL EFFECT:

Unknown, but potentially substantial costs to state agencies, both General and Special Funds, if this bill interferes with current emergency staffing and hiring processes.

COMMENTS:

1) Purpose. According to the sponsor, Service Employees International Union, Local 1000, Correctional Health Care Services (CHCS) issued State Restriction of Appointment notices (layoff notices) in August 2014 to employees in several medical services classifications. The sponsor claims that during the period in which the layoff notices were issued, the state actively recruited private vendor staff through existing contracts and Craigslist.

The sponsor further contends that while State Restriction of Appointment notices generally imply there is insufficient work for employees, Registered Nurses and Licensed Vocational Nurses recorded substantial overtime hours during the first half of 2014. The union claims CHCS continues to address mandatory overtime by recruiting limited term staff.

According to the author, AB 1293 solves this issue by prohibiting state departments from laying off civil service employees to create an artificial need for emergency staffing and justify hiring personal services contractors.

2) Sudden and Unexpected Occurrences. AB 906 (Pan), statutes of 2013, prohibited state agencies from executing personal service contracts, except in situations "necessary due to a sudden and unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services," until the agency has certified that all employee organizations that perform the type of work proposed to be contracted have been notified. The author believes AB 906 was intended to help maintain the strong civil service system envisioned in the Constitution, and this bill will further those aims.

Analysis Prepared by: Joel Tashjian / APPR. / (916) 319-2081