2008 - Personal Services Contract Notices (Historical View)

Status: Active

Change Notes

Updated language and contact information

Category

Collective Bargaining

Audience List

• Employee Relations Officers
• Human Resources Chiefs
• Personnel Officers

Synopsis

This policy

• Provides direction for submittal of Personal Services Contracts to Exclusive Representatives (labor unions).

• Provides instruction for giving notice to California Attorneys, Administrative Law Judges, and Hearing Officers in State Employment (CASE) for consent to employ outside legal counsel

Introduction

In accordance with Memorandums of Understanding (MOUs) between the state and the exclusive representatives, the state must make every effort to hire, utilize and retain bargaining unit employees before resorting to the use of private contractors.

Government Code sections (GC)19130-19135 establishes standards for the use of personal services contracts. State agencies in need of private counsel because of a conflict of interest on the part of the Attorney General’s Office may seek outside counsel which requires the written consent of the Attorney General. In addition, any state agency proposing to execute a personal services contract shall notify all organizations that represent state employees who perform the type of work to be contracted.

Pursuant to GCs 11040-11045, all state agencies are required to provide notice to CASE within 5 business days of the request sent to the Attorney General’s Office for consent to employ outside legal counsel. If the agency is not required to obtain the Attorney General’s consent for outside legal counsel, the agency shall provide notice to CASE five business days prior to the execution of the contract for outside legal counsel pursuant to GC 11041.

“Written notice” within the meaning of this section includes, but is not limited to, the following:

1. A copy of the complaint or other pleadings, if any, that gave rise to the litigation or matter for which a contract is being sought, or other identifying information.

2. The justification for the contract, pursuant to subdivision (b) of section 19130.

3. The nature of the legal services to be performed.

4. The estimated hourly wage to be paid under the contract.

5. The estimated length of the contract.

6. The identity of the person or entity that is entering into the contract with the state.

Statement

Departments/commissions/boards/hiring authorities shall continue to provide the designated labor unions of the appropriate bargaining units copies of current and proposed personal services contracts, (Request for Proposals (RFPs), Invitations for Bids (IFBs), Standard Form 215 – Agreement Summary, or equivalent), that contract for personal services associated with the bargaining unit.

If you have any questions, please contact the assigned CalHR Labor Relations Officer for the bargaining unit.

Bargaining Contact Information – Bargaining Contacts

• Labor Union Contact
• Excluded/Supervisor Representatives Contact List
• Personal Services Contracts - List of Representatives

Application

Authorities

• Government Code section 11040 - 11045
• Government Code sections 19130 to 19135

Resources

PML

• PML 2012-036: PML 2012-036 - 10/1/2012 - Contracting Out Update
• PML 2014-032: PML 2014-032 - 9/30/2014 - SEIU – Notifications for State Personnel Board Items, AB 906 Contracts, and all other State Notifications

Web Pages

• Bargaining Contacts: Contact Lists
• Personal Services Contracts: Personal Services Contracts Information

Authorized By

Paul M. Starkey
Deputy Director of Labor Relations, Labor Relations Division

Contact Person

Labor Relations Division
Labor Relations Officer, , Labor Relations Division
Phone: 916-324-0476
Fax: 916-322-0765
Email: lr.info@calhr.ca.gov

Superseded Policies