California Legislature—2013–14 Regular Session

Assembly Bill No. 1062

Introduced by Assembly Member Jones-Sawyer

February 22, 2013

An act to amend Sections 7299.4, 7299.5, 18210, 18211, 18212, 18214, 18502, 18525.3,18527, 18528, 18532.1, 18533, 18540, 18544, 18575, 18577, 18654, 18654.5, 18655, 18661, 18670, 18671.1, 18672, 18674, 18676, 18681, 18682, 18804, 18900, 18900.5, 18900.6, 18903, 18930.5, 18931, 18933, 18934, 18936, 18937, 18938.6, 18950, 18950.1, 18951, 18972, 18975, 18976, 19050.4, 19057.1, 19057.2, 19058, 19059, 19062.5, 19082, 19101, 19140, 19140.5, 19141.1, 19143, 19170, 19200, 19253, 19253.5, 19257.5, 19400, 19401, 19402, 19403, 19405, 19574.2, 19582, 19586, 19600, 19600.1, 19630, 19680, 19682, 19703, 19763, 19764, 19770, 19775, 19775.1, 19775.8, 19775.9, 19776, 19786, 19793, 19798, 19800, 19801, 19802, 19802.5, 19803, 19804, 19805, 19806, 19807, 19808, 19809, 19815, 19815.4, 19815.6, 19816.6, 19816.12, 19818.14, 19822.5, 19822.7, 19889, 19889.2, and 19889.3 of, to add Section 19811 to, to repeal Sections 18538.1, 18652, 18807, 19406, 19583.51, 19816, 19818.2, 19818.4, and 19889.4 of, and to repeal and add Sections 18574, 18935, 18940, 18941, and 19052 of, the Government Code, and to amend Section 13601 of the Penal Code, relating to human resources.

LEGISLATIVE COUNSEL’S DIGEST

AB 1062, as introduced, Jones-Sawyer. Human resources.

Existing law provides that the Department of Human Resources succeeds to and is vested with all of the powers and duties exercised and performed by the Department of Personnel Administration and powers, duties, and authorities necessary to operate the state civil service system in accordance with Article VII of the California Constitution, the Government Code, the merit principle, and applicable rules duly adopted by the State Personnel Board.

This bill would transfer certain functions and duties of the board to the department. The bill would also designate the department to share certain functions and duties with the board. The bill would make other related changes.

Existing law exempts State Personnel Board regulations, as defined, from the Administrative Procedure Act, except as specified.

This bill would also exempt a rule, regulation, standard, or procedure of the department that implements or makes specific a provision of a memorandum of understanding, as specified, and instructions, guidelines, manuals, and forms that implement board or department rules.

Existing law, with regard to the civil service, requires the appointing power to provide service of notice of certain actions, including a disciplinary action, a rejection during probation, a medical action, and various termination actions, by personal service or by mail or express service carrier, pursuant to a specified process.

The bill would modify the above-mentioned process by deleting certain requirements and would instead require service to be conducted in the manner provided in specified provisions of the Code of Civil Procedure that relate to service of process.

Existing law authorizes the State Personnel Board to hold hearings and make investigations concerning all matters relating to the enforcement and effect of the State Civil Service Act, as specified. Existing law prohibits the board from holding hearings and making investigations on certain disciplinary matters relating to state employees in State Bargaining Unit 5.

This bill would delete the above-mentioned prohibition.

Existing law requires, among other things, the board to render its decision within a reasonable time after the conclusion of a hearing or investigation, except that the period from the filing of the petition to the decision of the board cannot exceed 6 months or 90 days from the time of the submission, whichever time period is less, and except that the board may extend the 6-month period up to 45 additional days.

This bill would instead require the board to reach a decision within 6 months and would delete the board’s authorization to extend the 6-month period by 45 additional days.

Existing law requires the State Personnel Board, by resolution, to define the term “salary step” for the purpose of administering civil service laws and rules that control movement of employees between classifications subject to specified requirements.

This bill would repeal these provisions.

Existing law authorizes the State Personnel Board to require various types of documentary evidence in establishing minimum qualifications for determining the identity, fitness, and qualifications of employees for each class of position in the state civil service, for temporary appointments, and for applicants for examination.

This bill would revise these provisions and would additionally require, whenever the law requires that an applicant for a position as a peace officer be screened to ensure that the applicant is free from emotional and mental impairment, that the department or the designated appointing authority undertake the screening subject to the applicant’s right to appeal to the board.

Existing law authorizes the department to refuse to examine or, after examination, to refuse to declare as eligible, or to withhold or withdraw from certification, prior to appointment, anyone who, among other things, is physically or mentally so disabled as to be rendered unfit to perform the duties of the position to which he or she seeks appointment or who is addicted to the use of controlled substances.

This bill would instead authorize the department or a designated appointing power to refuse to examine, or after examination to refuse to declare as eligible, or to withhold or withdraw from an eligible list, before the appointment, anyone who, among other things, was found to be unsuited or not qualified for employment pursuant to rule.

Existing law authorizes an applicant for state employment to elect to avail himself or herself of a specified procedure to take an examination on a different date when the examination is scheduled to be given during the period from sundown on a Friday until sundown on the following day, and it is the practice of an applicant, based upon his religious convictions, to observe the Sabbath during that period.

This bill would repeal these provisions and would instead authorize any applicant for examination to request reasonable accommodation for a disability or sincerely held religious belief pursuant to the Fair Employment and Housing Act or any other applicable law.

Existing law requires the board to provide, by rule, for grant of a blanket waiver of a requirement that would allow a dismissed employee who meets standards to be determined by the board to apply for any civil service examination so that he or she would not need a separate waiver for each examination.

This bill would repeal these provisions. The bill would authorize any former state employee who was dismissed from state service, as specified, to petition the department to be permitted to take a civil service examination in order to establish eligibility for appointment to state service, as specified.

Existing law requires the appointing power to submit to the department, in accordance with board rules, a statement of the duties of the position, the necessary and desired qualifications of the person to be appointed, and a request that the names of persons eligible for appointment to the position be certified whenever a vacancy in any position is to be filled and not by transfer, demotion, or reinstatement.

This bill would instead require the appointing power to provide any information the department requests including the classification of the position, the number of vacancies to be filled, the tenure and time base of the position, the location of the position, and any other information as the department may require.

Existing law permits any person, except for a current ward of the Division of Juvenile Facilities, a current inmate of the Department of Corrections, or a current patient of a facility operated by the State Department of State Hospitals, with the consent of the State Personnel Board of the appointing power, to file charges against a state employee in State Bargaining Unit 5 requesting that adverse action be taken for one or more causes for discipline, as specified.

This bill would repeal these provisions.

Existing law requires the board to either grant or deny a petition for rehearing a decision within 60 days after service of notice of filing the petition for rehearing.

This bill would instead require the board to either grant or deny a petition within 90 days.

Existing law prohibits a person from bringing a cause of action of any type, as specified, based on or related to any civil service law in this state, or the administration thereof, unless that action is commenced and served within one year after the cause of action first arose. Existing law also provides that where an appeal is taken from a decision of the board, the cause of action does not arise until the final decision of the board has been issued.

This bill would instead require any petition for a writ challenging a decision of the board to be filed within 6 months of the date of the final decision of the board.

Existing law establishes certain rights and benefits that accrue to civil service employees during and after leave for military service, including, but not limited to, appointment and reinstatement rights. Existing law requires that both the State Personnel Board and the Department of Human Resources be responsible for carrying out certain provisions related to leave for military service.

This bill would delete the provisions that require both the State Personnel Board and the Department of Human Resources to be responsible for carrying out certain provisions related to leave for military service.

Existing law requires the State Personal Board to submit a census report to the Governor, the Legislature, and the Department of Finance that includes, among other things, demographic information on employees in the state civil service, as specified, and information to the Legislature on laws that discriminate or have the effect of discriminating on the basis of race, ethnicity, gender, and disability.

This bill would instead require the department to either submit the report to the Governor, the Legislature, and the Department of Finance or to post the data on its Internet Web site. The bill would also delete the requirement that the report include, among other things, identified underutilizations, steps taken to ensure equal employment opportunity in the state civil service, and information to the Legislature on laws that discriminate or have the effect of discriminating on the basis of race, ethnicity, gender, and disability.

Existing law provides that the department succeeds to and is vested with the duties, purposes, responsibilities, and jurisdiction exercised by the California Victim Compensation and Government Claims Board, the Department of General Services, and the Department of Finance, as specified.

This bill would repeal those provisions.

Existing law authorizes the department to designate an appointing power to allocate positions to the Personal Classification Plan, as specified. Existing law authorizes the department to audit any position allocations and to order corrective action.

This bill would instead authorize the department to order corrective action, as specified, only if it finds that an appointing power has allocated positions inappropriately. The bill would also authorize the Department of Finance to transfer a sufficient number of personnel from the appointing power to the department, as specified, if an appointing power’s allocation authority is revoked.

Under existing law, eligibility for appointment to a position in the career executive category of the civil service is required to be established as a result of competitive examination of persons in civil service who meet the minimum qualifications as the State Personnel Board may determine are requisite to the performance of high administrative and policy influencing functions.

This bill would instead require that eligibility for appointment in the class of the career executive category be limited to persons in the civil service who meet the minimum qualifications established for the class.

Existing law requires every state agency, as specified, to employ a sufficient number of qualified bilingual persons in public contact positions to ensure provision of information and services to the public, in the language of the non-English-speaking person. Existing law requires each agency to conduct a survey, related to its bilingual services, of each of its local offices every two years to determine among other things, the number of qualified bilingual employees in public contact positions, as specified. Existing law requires, beginning in 2009 and in every odd-numbered year thereafter, that each state agency develop an implementation plan that, at a minimum, addresses, among other things, the name, position, and contact information of the employee designated by the agency to be responsible for overseeing implementation of the plan.

This bill would require the language survey to also include, among other things, a detailed description of the agency’s procedures for identifying written materials that are required to be translated, a detailed description of the agency’s procedures for identifying language needs at local offices and assigning qualified bilingual staff to those offices, and a detailed description of how the agency complies with any federal or other state laws that require the provision of linguistically accessible services to the public. The bill would instead only require each agency that serves a substantial number of non-English-speaking people who comprise 5 percent or more of the people served to develop an implementation plan, as specified, in every odd-numbered year.

This bill would also make technical, nonsubstantive changes to these provisions.

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

The people of the State of California do enact as follows:

SECTION 1.  

Section 7299.4 of the Government Code is
amended to read:

7299.4.  

(a) Notwithstanding any other provision in this chapter,
each state agency shall conduct begin delete an assessment end delete begin insert a language survey end insert
and develop and update an implementation plan that complies with
the requirements of this chapter.

(b) Each agency shall conduct a begin insert language end insert survey of each of its
local offices every two years to determine begin insert and provide end insert all of the
following:

begin insert

(1) The name, position, and contact information of the employee
designated by the agency responsible for complying with this
chapter.

end insert begin delete

(1)

end delete

begin insert (2) end insert  The number of public contact positions in each local office.

begin delete

(2)

end delete

begin insert (3) end insert  The number of qualified bilingual employees in public
contact positions in each local office, and the languages they speak,
other than English.

begin delete

(3)

end delete

begin insert (4) end insert  The number and percentage of non-English-speaking people
served by each local office, broken down by native language.

begin delete

(4)

end delete

begin insert (5) end insert  The number of anticipated vacancies in public contact
positions.

begin delete

(5)

end delete

begin insert (6) end insert  Whether the use of other available options, including
contracted telephone-based interpretation services, in addition to
qualified bilingual persons in public contact positions, is serving
the language needs of the people served by the agency.

begin delete

(6)

end delete

begin insert (7) end insert  A list of all written materials that are required to be translated
or otherwise made accessible to non- or limited-English-speaking
individuals by Sections 7295.2 and 7295.4.

begin delete

(7)

end delete

begin insert (8) end insert  A list of materials identified in paragraph begin delete (6) end delete begin insert (7) end insert that have
been translated and languages into which they have been translated.

begin delete

(8)

end delete

begin insert (9) end insert  The number of additional qualified bilingual public contact
staff, if any, needed at each local office to comply with this chapter.

begin delete

(9) Any other relevant information requested by the Department
of Human Resources.

end delete begin delete

(c) Each agency shall calculate the percentage of
non-English-speaking people served by each local office by
rounding the percentage arrived at to the nearest whole percentage
point.

end delete begin insert

(10) A detailed description of the agency’s procedures for
identifying written materials that are required to be translated.

end insert begin insert

(11) Each agency shall calculate the percentage of
non-English-speaking people served by each local office by
rounding the percentage arrived at to the nearest whole percentage
point.

end insert begin insert

(12) A detailed description of the agency’s procedures for
identifying language needs at local offices and assigning qualified
bilingual staff to those offices.

end insert begin insert

(13) A detailed description of how the agency recruits qualified
bilingual staff in local offices.

end insert begin insert

(14) A detailed description of any training the agency provides
to its staff on the provision of services to non- or
limited-English-speaking individuals, frequency of training, and
date of most recent training.

end insert begin insert

(15) A detailed description of the agency’s procedures for
accepting and resolving complaints of an alleged violation due to
failure to make available translated documents or provide
interpreter service through bilingual staff or contract services.

end insert begin insert

(16) A detailed description of how the agency complies with
any federal or other state laws that require the provision of
linguistically accessible services to the public.

end insert begin insert

(17) Any other relevant information requested by the Department
of Human Resources.

end insert begin delete

The

end delete

begin insert (c) end insert begin insert   end insert begin insert The language end insert survey results and any additional information
requested shall be reported in the form and at the time required by
the Department of Human Resources, and delivered to the
department not later than October 1 of every even-numbered year
begin delete beginning with 2008 end delete .

begin delete

(d) Beginning in 2009 and in every odd-numbered year
thereafter, each state agency shall develop an implementation plan
that, at a minimum, addresses all of the following:

(1) The name, position, and contact information of the employee
designated by the agency to be responsible for overseeing
implementation of the plan.

(2) A description of the agency’s procedures for identifying
written materials that need to be translated.

(3) A description of the agency’s procedures for identifying
language needs at local offices and assigning qualified bilingual
staff.

(4) A description of how the agency recruits qualified bilingual
staff.

(5) A description of any training the agency provides to its staff
on the provision of services to non- or limited-English-speaking
individuals.

(6) A detailed description of how the agency plans to address
any deficiencies in meeting the requirements of this chapter,
including, but not limited to, the failure to translate written
materials or employ sufficient numbers of qualified bilingual
employees in public contact positions at local offices, the proposed
actions to be taken to address the deficiencies, and the proposed
dates by when the deficiencies can be remedied.

(7) A description of the agency’s procedures for accepting and
resolving complaints of an alleged violation of this chapter.

(8) A description of how the agency complies with any federal
or other state laws that require the provision of linguistically
accessible services to the public.

(9) Any other relevant information requested by the Department
of Human Resources.

end delete begin insert

(d) Every odd-numbered year, each agency that served a
substantial number of non-English-speaking people who comprise
5 percent or more of the people served shall develop an
implementation plan that provides a detailed description of how
the agency plans to address any deficiencies in meeting the
requirements of this chapter, including, but not limited to, the
failure to translate written materials or employ sufficient numbers
of qualified bilingual employees in public contact positions at local
offices, the proposed actions to be taken to address the deficiencies,
and the proposed dates by when the deficiencies will be remedied.

end insert

(e) In developing its implementation plan begin delete in 2003 end delete , each state
agency may rely upon data gathered from its begin delete 2002 end delete begin insert most recent
language end insert survey.

(f) Each state agency shall submit its implementation plan to
the Department of Human Resources no later than October 1 of
each applicable year. The begin delete department end delete begin insert Department of Human
Resources end insert shall review each begin insert implementation end insert plan, and, if it
determines that the begin insert implementation end insert plan fails to address the
identified deficiencies, shall order the agency to supplement or
make changes to its plan. A state agency that has been determined
to be deficient shall report to the Department of Human Resources
every six months on its progress in addressing the identified
deficiencies.

(g) If the Department of Human Resources determines that a
state agency has not made reasonable progress toward complying
with this chapter, the department may issue orders that it deems
appropriate to effectuate the purposes of this chapter.

SEC. 2.  

Section 7299.5 of the Government Code is amended
to read:

7299.5.  

The Department of Human Resources may exempt
state agencies from the requirements of Section 7299.4, where it
determines that any of the following conditions apply:

(a) The agency’s primary mission does not include responsibility
for furnishing information or rendering services to the public.

(b) The agency has consistently received such limited public
contact with the non-English-speaking public that it has not been
required to employ bilingual staff under Section 7292 and the
agency employs fewer than the equivalent of 25 full-time
employees in public contact positions.

In order to receive an exemption, each state agency shall petition
the Department of Human Resources for the exemption and receive
approval in writing by the date established by the department. An
agency may receive an exemption for up to five begin delete years end delete begin insert survey cycles end insert ,
if it demonstrates that it meets the requirements of subdivision (a)
or (b), and provides all required documentation to the Department
of Human Resources.

SEC. 3.  

Section 18210 of the Government Code is amended
to read:

18210.  

The Legislature finds and declares that the purpose of
this chapter is to establish begin delete basic minimum end delete procedural requirements
for the adoption, amendment, or repeal of begin delete board end delete regulations begin insert of the
State Personnel Board and the Department of Human Resources end insert .
Nothing in this chapter repeals or diminishes additional
requirements imposed by statute.

SEC. 4.  

Section 18211 of the Government Code is amended
to read:

18211.  

Regulations adopted by the State Personnel Board begin insert and
the Department of Human Resources end insert are exempt from the
Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3), except as provided in
Sections 18215 and 18216.

SEC. 5.  

Section 18212 of the Government Code is amended
to read:

18212.  

For the purposes of this chapter, “regulation” means
every rule, regulation, order, or standard of general application
adopted or amended by the board begin insert or the department end insert to implement,
interpret, or make specific the law enforced or administered by it,
except that the following are not regulations:

(a) A rule that constitutes the only legally tenable interpretation
of existing law.

(b) A decision that does no more than apply a duly adopted
begin delete provision of end delete law to a particular set of facts.

(c) A rule relating only to the internal management of the board
begin insert or the department end insert that does not in itself significantly affect the
rights, privileges, or duties of begin delete state agencies, state employees, end delete begin insert state
employees end insert or other persons.

(d) A routine, technical, or procedural instruction or criterion
that does not in itself significantly affect the rights, privileges, or
duties of state agencies, employees, or other persons.

begin insert

(e) A rule, regulation, standard, or procedure of the department
that implements or makes specific a provision of a memorandum
of understanding reached pursuant to Section 3517.5.

end insert begin insert

(f) Instructions, guidelines, manuals, and forms that implement
board or department rules.

end insert

SEC. 6.  

Section 18214 of the Government Code is amended
to read:

18214.  

(a) The procedures set forth in subdivisions (b), (c),
and (d) shall apply to the adoption of a regulation begin insert by either the
board or the department end insert concerning all matters not specified in
Section 18213, 18215, or 18216.

(b) The board begin insert or the department end insert shall prepare and submit to the
Office of Administrative Law for publication in the California
Regulatory Notice Register begin insert , end insert 30 days begin delete prior to board end delete begin insert before taking end insert
action begin insert , end insert a notice of the proposed action.

(c) The board begin insert or the department end insert shall begin delete mail end delete begin insert distribute end insert a notice
of the proposed action begin insert , end insert 30 days begin delete prior to board end delete begin insert before taking end insert action begin insert , end insert
to members of the Governor’s cabinet, department heads, employee
associations, and persons requesting this notice, and shall make
available to the public upon request, all of the following:

(1) The notice of proposed action.

(2) A copy of the express terms of the proposed regulation,
using underline or italics to indicate additions to, and strikeout to
indicate deletions from, the California Code of Regulations,
followed by a note containing authority and reference citations.

(3) A brief statement of reasons for the proposed regulation.

(d) The board begin insert or the department end insert shall do all of the following:

(1) Provide opportunity for written comment to the board begin insert or
the department end insert , and oral comment at begin delete board meetings or hearings end delete
begin insert a duly noticed public meeting or hearing end insert .

(2) Submit adopted regulations to the Office of Administrative
Law for filing with the Secretary of State and publication in the
California Code of Regulations.

SEC. 7.  

Section 18502 of the Government Code is amended
to read:

18502.  

(a) There is hereby created in state government the
Department of Human Resources. The department succeeds to and
is vested with the following:

(1) All of the powers and duties exercised and performed by
the Department of Personnel Administration.

(2) Those powers, duties, and authorities necessary to operate
the state civil service system begin delete in accordance with end delete begin insert pursuant to end insert Article
VII of the California Constitution, this code, the merit principle,
and applicable rules duly adopted by the State Personnel Board.

(b) The State Personnel Board shall prescribe rules consistent
with a merit based civil service system to govern classification,
examinations, probationary periods, begin delete and end delete disciplinary actions begin insert , and
other matters related to the board’s authority under Article VII of
the California Constitution end insert . The State Personnel Board may
conduct audits and investigations of personnel practices of the
department and appointing authorities to ensure compliance with
civil service policies, procedures, and statutes.

(c)  begin delete Nothing in this end delete begin insert This end insert section begin delete limits end delete begin insert shall not limit end insert the authority
of the Department of Human Resources and the State Personnel
Board to delegate, share, or transfer between them responsibilities
for programs within their respective jurisdictions pursuant to an
agreement.

(d) The rules and regulations of the State Personnel Board and
of the Department of Personnel Administration shall remain in
effect unless and until contradicted by the terms of this chapter or
amended or repealed by the board or the Department of Human
Resources.

SEC. 8.  

Section 18525.3 of the Government Code is amended
to read:

18525.3.  

“Transfer” means both of the following:

(a) The appointment of an employee to another position in the
same class but under another appointing power.

(b) The appointment of an employee to begin delete a position in end delete a different
class that has substantially the same level of duties, responsibility,
and salary begin delete , as determined by board rule, end delete begin insert as the employee’s current
class end insert under the same or another appointing authority.

SEC. 9.  

Section 18527 of the Government Code is amended
to read:

18527.  

“Probationer” means an employee who has probationary
status. “Probationary status” means the status of an employee who
has been certified and appointed from an employment list, or has
been reinstated after resignation, or has been transferred or demoted
but who has not completed the probationary period begin delete provided in
this part and by board rule end delete .

SEC. 10.  

Section 18528 of the Government Code is amended
to read:

18528.  

“Permanent employee” means an employee who has
permanent status. “Permanent status” means the status of an
employee who is lawfully retained in his position after the
completion of the probationary period begin delete provided in this part and by
board rule end delete .

SEC. 11.  

Section 18532.1 of the Government Code is amended
to read:

18532.1.  

“Preferred limited term list” means a list of persons
who have served under limited-term appointment and who, in
accordance with begin delete board end delete rule, are granted begin delete eligiblity end delete begin insert eligibility end insert for
additional limited-term appointments.

SEC. 12.  

Section 18533 of the Government Code is amended
to read:

18533.  

(a) “Subdivisional promotional list” means a list of
persons eligible for certification for a specific class resulting from
a promotional examination for a particular subdivision of a state
agency.

(b) “Departmental promotional list” means a list of persons
eligible for certification for a specific class resulting from a
promotional examination for a particular state agency.

(c) “Multidepartmental promotional list” means a list of persons
eligible for certification for a specific class resulting from a
promotional examination for a group of state departments begin delete and
other state governmental units designated by the board end delete .

(d) “Servicewide promotional list” means a list of persons
eligible for certification for a specific class resulting from a
promotional examination for the entire state service.

SEC. 13.  

Section 18538.1 of the Government Code is repealed.

begin delete

18538.1.  

The board may provide by rule the instances in which
“month” or “calendar month” as used in this part shall be construed
as calendar month, monthly pay period, or both.

end delete

SEC. 14.  

Section 18540 of the Government Code is amended
to read:

18540.  

“Armed forces” means the United States Air Force,
Army, Navy, Marine Corps, begin delete Coast Guard, Revenue Marine Service,
and the Army and Navy Nurse Corps. Active service as a nurse in
the American Red Cross during World War I shall be considered
service in the “armed forces.” end delete begin insert and Coast Guard. end insert

SEC. 15.  

Section 18544 of the Government Code is amended
to read:

18544.  

“Duration employment” means an employment during
time of war or during an emergency in connection with the national
defense, which employment is subject to termination and other
conditions as prescribed by Section 19200 and by begin delete board end delete rules.

SEC. 16.  

Section 18547 of the Government Code is repealed.

begin delete

18547.  

“Career executive assignment” means an appointment
to a high administrative and policy influencing position within the
state civil service in which the incumbent’s primary responsibility
is the managing of a major function or the rendering of
management advice to top-level administrative authority. Such a
position can be established only in the top managerial levels of
state service and is typified by broad responsibility for policy
implementation and extensive participation in policy evolvement.
Assignment by appointment to such a position does not confer any
rights or status in the position other than provided in Article 9
(commencing with Section 19889) of Chapter 2.5 of Part 2.6.

end delete

SEC. 17.  

Section 18547 is added to the Government Code, to
read:

18547.  

“Career executive assignment” means a classification
characterized by high-level administrative and policy-influencing
duties. The career executive assignment may be used for the top
managerial positions of state civil service.

SEC. 18.  

Section 18575 of the Government Code is amended
to read:

18575.  

begin delete

(a) Except as otherwise provided in subdivisions (b)
and (c), service by mail of any notice, paper, or document to be
served upon a person or appointing power shall be made in the
manner provided by Sections 1012 and 1013 of the Code of Civil
Procedure.

end delete begin delete

(b)

end delete

begin insert (a) end insert  (1) The appointing power shall provide service of the
following actions by personal service or by begin insert certified end insert mail begin insert with
return receipt requested end insert or express service carrier as provided in
this subdivision:

(A) Notice of disciplinary action.

(B) Notice of rejection during probationary period.

(C) Notice of medical action.

(D) Notice of nonpunitive action.

(E) Notice of career executive assignment termination.

(F) Notice of termination with fault of a limited term, seasonal,
or temporary authorization appointment.

(G) Notice of termination of an appointment under the Limited
Examination and Appointment Program.

(H) Notice of termination or automatic resignation of a
permanent intermittent employee.

(I) Notice of absence without leave resignation or separation
pursuant to Section 89541 of the Education Code.

begin delete

(2) Service by mail of the notices listed in paragraph (1) shall
be made by enclosing the notice in a sealed envelope, addressed
to the last known residence address of the employee, and doing
any of the following:

end delete begin delete

(A) Deposit in the United States mail with postage fully prepaid,
certified with return receipt requested. Service is complete at the
time of deposit, but any period of notice or any right or duty to do
any act or make any response within any period or on a date certain
after the service of the document served by United States mail
shall be extended in accordance with subdivision (a) of Section
1013 of the Code of Civil Procedure.

end delete begin delete

(B) Deposit in the United States mail with Express Mail postage
fully prepaid. Service is complete at the time of deposit, but any
period of notice or any right or duty to do any act or make any
response within any period or on a date certain after the service
of the document served by Express Mail shall be extended by two
business days.

end delete begin delete

(C) Providing for overnight delivery, by deposit of the notice
in a box or other facility regularly maintained by an express service
carrier, or delivery to a courier or driver authorized by an express
service carrier to receive documents, in an envelope or package
designated by the express service carrier with delivery fees paid
or provided for, and with the employee or his or her designated
representative required to acknowledge receipt of the notice at the
time of delivery. Service is complete at the time of the deposit,
but any period of notice or any right or duty to do any act or make
any response within any period or on a date certain after the service
of the document served by overnight delivery shall be extended
by two business days.

end delete begin delete

(c) (1) Service of an appeal or complaint filed with the board
shall be made by personal service or by mail or express service
carrier as provided in this subdivision.

end delete begin delete

(2) Service by mail of an appeal or complaint filed with the
board shall be made by enclosing the notice in a sealed envelope,
addressed to the Appeals Division of the State Personnel Board,
and doing any of the following:

end delete begin delete

(A) Deposit in the United States mail with first-class postage
fully prepaid. Service is complete at the time of deposit, but any
period of notice or any right or duty to do any act or make any
response within any period or on a date certain after the service
of the document served by United States mail shall be extended
in accordance with subdivision (a) of Section 1013 of the Code of
Civil Procedure.

end delete begin delete

(B) Deposit in the United States mail with Express Mail postage
fully prepaid. Service is complete at the time of deposit, but any
period of notice or any right or duty to do any act or make any
response within any period or on a date certain after the service
of the document served by Express Mail shall be extended by two
business days.

end delete begin delete

(C) Providing for overnight delivery, by deposit of the appeal
or complaint in a box or other facility regularly maintained by an
express service carrier, or delivery to a courier or driver authorized
by an express service carrier to receive documents, in an envelope
or package designated by the express service carrier with delivery
fees paid or provided for, and with the authorized representative
of the State Personnel Board required to acknowledge receipt of
the appeal or complaint at the time of delivery. Service is complete
at the time of the deposit, but any period of notice or any right or
duty to do any act or make any response within any period or on
a date certain after the service of the document served by overnight
delivery shall be extended by two business days.

end delete begin delete

(d) (1) Proof of service of all papers, excluding appeals and
complaints, shall be an affidavit stating the title of the papers served
or filed, the name and address of the person making the service,
and that he or she is over 18 years of age and not a party to the
action. The proof of service shall be signed by the person making
it and contain the following statement above the signature, below
which the declarant’s name shall be typed and signed:

end delete begin delete

“I declare under penalty of perjury under the laws of the State
of California that the foregoing is true and correct, and this
declaration was executed at (city, state) on (date).”

end delete begin delete

(2) (A) If service is made by mail or express service carrier, in
addition to the information provided in paragraph (1), the proof
of service shall show the date and place of deposit, the name and
address of the person served as shown on the mailing envelope,
and that the envelope was sealed and deposited in the mail or
provided for overnight delivery, as appropriate.

end delete begin delete

(B) A proof of service made in accordance with Section 1013a
of the Code of Civil Procedure complies with this paragraph.

end delete begin insert

(2) (A) Personal service shall be made in the manner, and is
deemed complete, as provided for in Section 415.10 of the Code
of Civil Procedure.

end insert begin insert

(B) Service by certified mail with return receipt requested shall
be made in the manner provided for in Section 1020 of the Code
of Civil Procedure and is deemed complete as provided for in
subdivision (a) of Section 1013 of the Code of Civil Procedure.

end insert begin insert

(C) Service by express service carrier shall be in the manner,
and is deemed complete, as provided for in subdivision (c) of
Section 1013 of the Code of Civil Procedure.

end insert begin insert

(D) The period to respond to any notice of action provided in
paragraph (1) shall be extended as provided in Section 1013 of
the Code of Civil Procedure.

end insert begin insert

(b) Service of subpoenas and subpoenas duces tecum shall be
made by personal service or by registered mail with return receipt
requested as provided in subdivision (a).

end insert begin insert

(c) Service of all other documents shall be made as prescribed
by rule.

end insert begin insert

(d) Proof of service shall be by affidavit as provided for in
Sections 417.10 and 417.40 of, and subdivision (a) of Section 1013
of, the Code of Civil Procedure.

end insert

SEC. 19.  

Section 18577 of the Government Code is amended
to read:

18577.  

Whenever this part refers to begin delete “board end delete begin insert “ end insert rule,” “rules begin delete of
the board end delete ,” or makes similar reference, such reference authorizes
the board begin insert or the department end insert to make rules concerning the subject
matter concerning which such reference is made.

SEC. 20.  

Section 18652 of the Government Code is repealed.

begin delete

18652.  

The board shall secure such suitable and convenient
offices, examination rooms and accommodations throughout the
State as may be required for the public convenience and furnish
heat, and light them for carrying on the work of the board. The
board shall acquire necessary supplies and order necessary printing
to be done for its official use. The headquarters of the board is the
City of Sacramento.

end delete

SEC. 21.  

Section 18654 of the Government Code is amended
to read:

18654.  

The intention of the Legislature is hereby declared to
be that the executive officer shall perform and discharge under the
direction and control of the board the powers, duties, purposes,
functions, and jurisdiction vested in the board and delegated to
him begin insert or her end insert by it.

Any power, duty, purpose, function, or jurisdiction begin delete which end delete begin insert that end insert
the board may lawfully delegate shall be conclusively presumed
to have been delegated to the executive officer unless it is shown
that the board by affirmative vote recorded in its minutes
specifically has reserved the same for its own action. The executive
officer may redelegate to his begin insert or her end insert subordinates or to an
appointing power he begin insert or she end insert designates, unless by board rule or
express provision of law he begin insert or she end insert is specifically required to act
personally.

SEC. 22.  

Section 18654.5 of the Government Code is amended
to read:

18654.5.  

The executive officer shall administer the civil service
statutes begin delete under rules of the board end delete begin insert and rules end insert , subject to the right of
appeal to the board.

SEC. 23.  

Section 18655 of the Government Code is amended
to read:

18655.  

When any person selected to assist in examinations or
to serve as an authorized representative or referee of the board begin insert or
the department end insert is employed by the State in some other capacity,
it is a part of his begin insert or her end insert official duties to serve without additional
compensation other than his begin insert or her end insert actual and necessary traveling
expenses.

SEC. 24.  

Section 18661 of the Government Code is amended
to read:

18661.  

(a) The board may conduct an audit of any appointing
authority’s personnel practices to ensure compliance with the civil
service laws and board regulations. The board may audit selection
and examination procedures, appointments, promotions, the
management of probationary periods, personal services contracts,
discipline and adverse actions, or any other area related to the
operation of merit principle in state civil service.

(b) When conducting an audit, the board may inspect documents,
policies, practices, and procedures of the appointing authority
relating to its personnel practices and interview appointing
authority staff and witnesses regarding the subject of the audit.
Failure by an appointing authority to cooperate with an audit may
result in corrective action.

(c) Upon completion of the audit, the board may provide a report
to the appointing authority and the department, identifying any
deficiencies in the appointing authority’s personnel practices,
policies, and procedures.

(d) If the board finds an appointing authority deficient in
personnel practices, policies, and procedures, the appointing
authority shall be subject to corrective action. The board may order
begin insert remedies including, but not limited to, end insert any or all of the following
begin delete remedies end delete :

(1) Revocation or modification of the terms of the delegation
agreement between the appointing authority and the department.

(2) That the appointing authority compensate the department
for the actual and necessary cost of any and all of the personnel
functions the department performs and training and supervision
the department provides on behalf of the appointing authority,
either permanently or for a specified term.

(3) Void examinations administered by the appointing authority,
abolish eligibility lists, and void appointments made therefrom.

(4) Seek approval from the Department of Finance for
redirection to the department of a sufficient number of the
appointing authority’s positions to perform all personnel related
functions formerly performed by the appointing authority.

SEC. 25.  

Section 18670 of the Government Code is amended
to read:

18670.  

begin delete (a) end delete begin delete   end delete The board may hold hearings and make
investigations concerning all matters relating to the enforcement
and effect of this part and rules prescribed under this part. It may
inspect any state institution, office, or other place of employment
affected by this part to ascertain whether this part and the board
rules are obeyed.

The board shall make investigations and hold hearings at the
direction of the Governor or the Legislature or upon the petition
of an employee or a citizen concerning the enforcement and effect
of this part and to enforce the observance of Article VII of the
Constitution and of this part and the rules made under this part.

begin delete

(b) Effective January 1, 1996, this subdivision shall apply only
to state employees in State Bargaining Unit 5. For purposes of
subdivision (a), any discipline, as defined by Section 19576.1, is
not subject to either a board investigation or hearing. Board review
shall be limited to acceptance or rejection of discipline imposed
pursuant to Section 19576.1.

end delete

SEC. 26.  

Section 18671.1 of the Government Code is amended
to read:

18671.1.  

(a) If a hearing or investigation is conducted by the
board or its authorized representative in regard to an appeal by an
employee, the hearing or investigation shall be commenced within
a reasonable time after the filing of the begin delete petition end delete begin insert appeal end insert . For appeals
from actions resulting in the termination of an employee, if an
evidentiary hearing has not commenced within six months of the
filing of the appeal, the employee may make a written request for
a priority hearing by the board. Upon receipt of the written request,
the board shall schedule an evidentiary hearing within 60 days of
the request at a hearing location designated by the board.

(b) The board shall render its decision within a reasonable time
after the conclusion of the hearing or investigation, except that the
period from the filing of the begin delete petition end delete begin insert appeal end insert to the decision of the
board shall not exceed six months begin delete or 90 days from the time of the
submission, whichever time period is less, and except that the
board may extend the six-month period up to 45 additional days end delete .

begin delete

(c) In the event of an extension, the board shall publish
substantial reasons for the need for the extension in its calendar
prior to the conclusion of the six-month period. Submission occurs
on the last day of the hearing, if no other documents are to be filed,
or on the last day designated for the filing of briefs or other
evidence necessary to complete the record.

end delete begin delete

(d)

end delete

begin insert (c) end insert  The provisions described in subdivision (b) relating to the
six-month begin delete or the 90-day periods end delete begin insert period end insert for a decision may be
waived by the employee but if not so waived, a failure to render
a timely decision is an exhaustion of all available administrative
remedies.

begin delete

(e)

end delete

begin insert (d) end insert  The board may order all of, or a portion of, any hearing to
be conducted using electronic media pursuant to board rules.

begin delete

(f) In cases involving complaints of discrimination, harassment,
or retaliation, where the executive officer renders a decision, the
decision shall be rendered within four months of the filing of the
appeal.

end delete

SEC. 27.  

Section 18672 of the Government Code is amended
to read:

18672.  

(a) Subpoenas and subpoenas duces tecum may be
issued for attendance at a hearing and for production of documents
at any reasonable time and place. However, a subpoena shall not
be issued to compel attendance of any witness who does not reside
within 100 miles of the place where the hearing or investigation
is held unless it is shown to the satisfaction of a member of the
board, the executive officer, or the person authorized to conduct
the investigation or hearing, by affidavit stating the facts, that the
witness is a material witness. begin delete Such a end delete begin insert That end insert statewide subpoena shall
be served at least five days prior to the date of hearing.

(b) Subpoenas and subpoenas duces tecum shall be issued by
the board or its authorized representative at the request of a party.

(c) The process extends to all parts of the state and shall be
served in accordance with Sections 1987 and 1988 of the Code of
Civil Procedure begin insert and the service provisions of subdivisions (a) and
(b) of Section 68097.1 of the Government Code end insert . A subpoena or
subpoena duces tecum may also be delivered by certified mail
return receipt requested or by messenger. Service by messenger
shall be effected when the witness acknowledges receipt of the
subpoena to the sender, by telephone, by mail, or in person, and
identifies himself or herself either by reference to date of birth and
driver’s license number or Department of Motor Vehicles
identification number, or the sender may verify receipt of the
subpoena by obtaining other identifying information from the
recipient. The sender shall make a written notation of the
acknowledgment. A subpoena issued and acknowledged pursuant
to this section has the same force and effect as a subpoena
personally served. Failure to comply with a subpoena issued and
acknowledged pursuant to this section may be punished as a
contempt and the subpoena may so state. begin delete A party requesting a
continuance based upon the failure of a witness to appear at the
time and place required for the appearance or testimony pursuant
to a subpoena, shall prove that the party has complied with this
section. The continuance shall only be granted for a period of time
that would allow personal service of the subpoena and in no event
longer than that allowed by law. end delete

(d) No witness is obliged to attend unless the witness is a
resident of the state at the time of service.

(e) The custodian of documents that are the subject of a
subpoena duces tecum may satisfy the subpoena by delivery of
the documents or a copy of the documents, or by making the
documents available for inspection or copying, together with an
affidavit in compliance with Section 1561 of the Evidence Code.

SEC. 28.  

Section 18674 of the Government Code is amended
to read:

18674.  

Witnesses at a hearing or investigation are entitled to
the same fees as are allowed witnesses in civil cases in courts of
record.

An officer serving a begin delete subpena end delete begin insert subpoena end insert to secure the attendance
of begin delete such a witness end delete begin insert those witnesses end insert shall receive the same mileage
as for the service by him of a writ or paper for the begin delete State end delete begin insert state end insert . begin delete Such end delete
begin insert The end insert fees and mileage, except in dismissal or other punitive
proceedings where the service is requested by the accused, need
not be prepaid.

If a witness is begin delete subpenaed end delete begin insert subpoenaed end insert by a begin delete State end delete begin insert state end insert agency or
its representative, the Controller shall draw his warrant for payment
of fees and mileage when the amount is begin delete certified by the board or
the person authorized to conduct the hearing or investigation and end delete
duly proved by affidavit or otherwise to the satisfaction of the
Controller. The Controller may charge such warrant against any
proper fund of that begin delete State end delete begin insert state end insert agency. If a witness is begin delete subpenaed end delete
begin insert subpoenaed end insert by the accused or any person other than a begin delete State end delete begin insert state end insert
agency, his fees and mileage shall be paid by that person and are
not proper charges against any begin delete State end delete begin insert state end insert fund.

SEC. 29.  

Section 18676 of the Government Code is amended
to read:

18676.  

When ordered to do so, a witness shall not be excused
from testifying or from producing any documentary evidence in
that investigation or hearing upon the ground that the testimony
or documentary evidence required of the witness may tend to
incriminate or subject the witness to penalty or forfeiture, provided
the witness begin delete is end delete begin insert has been end insert granted use and derivative use, or
transactional immunity begin insert by the appropriate law enforcement
authority end insert .

SEC. 30.  

Section 18681 of the Government Code is amended
to read:

18681.  

Whenever any matter is pending before the begin delete Personnel
Board end delete begin insert board end insert involving a dispute between one or more employees
and an appointing power and the parties to such dispute agree upon
a settlement or adjustment thereof, the terms of such settlement or
adjustment may be submitted to the board, and if approved by the
board, the disposition of the matter in accordance with the terms
of such adjustment or settlement shall become final and binding
upon the parties.

SEC. 31.  

Section 18682 of the Government Code is amended
to read:

18682.  

Whenever any employee, department, or other person,
actively interested in a matter before the begin delete Personnel Board end delete begin insert board end insert
and in connection with which it is holding a hearing, requests that
the board make findings, then the board shall make findings if
begin delete such end delete begin insert the end insert request is made at any time prior to the time the board
takes the matter under submission.

SEC. 32.  

Section 18804 of the Government Code is amended
to read:

18804.  

Upon the reallocation of a position, other than by action
of the board under Section 18802, the incumbent of the position
shall not thereby gain status in the new class. Change in status of
the incumbent may be accomplished only in accordance with the
appropriate sections of this part and begin delete board end delete rules relating to transfer,
demotion begin insert , end insert or promotion.

SEC. 33.  

Section 18807 of the Government Code is repealed.

begin delete

18807.  

(a) The board, by resolution, shall define the term
“salary step” for the purpose of administering civil service laws
and rules that control movement of employees between
classifications.

(b) Salary steps defined pursuant to this section shall be subject
to the following requirements:

(1) The steps shall be as close to 5 percent as the board
determines to be practicable.

(2) The steps shall logically reflect the pay relationships among
each group of classifications.

(3) The steps shall maintain servicewide consistency and
continuity in the percentage of salary increase permitted when an
appointment is made without a competitive examination.

(c) A resolution adopted pursuant to this section shall be adopted
at a public meeting and shall be made publicly available before
and after its adoption.

end delete

SEC. 34.  

Section 18900 of the Government Code is amended
to read:

18900.  

(a) Eligible lists shall be established as a result of free
competitive examinations open to persons who lawfully may be
appointed to any position within the class for which these
examinations are held and who meet the minimum qualifications
requisite to the performance of the duties of that position as
prescribed by the specifications for the class or by begin delete board end delete rule.

(b)  begin delete Notwithstanding subdivision (a), the board end delete begin insert The department end insert
may limit the size of candidate groups in entry-level and
nonpromotional examinations when doing so would be in the best
interest of the state and effective competition can occur among a
smaller number of applicants.

SEC. 35.  

Section 18900.5 of the Government Code is amended
to read:

18900.5.  

For purposes of this begin delete chapter end delete begin insert part end insert , “designated
appointing power” means an appointing power designated by the
begin delete executive officer pursuant to Section 18654 end delete begin insert department under
Section 18930.5 end insert .

SEC. 36.  

Section 18900.6 of the Government Code is amended
to read:

18900.6.  

(a) The begin delete board end delete begin insert department end insert may authorize the use of
skills-based certification for information technology classifications
if all of the following conditions are satisfied:

(1) There is a job analysis that meets begin delete the end delete begin insert legal end insert standards begin delete outlined
in the State Personnel Board selection manual end delete .

(2) The class is used on a begin delete service wide end delete begin insert servicewide end insert basis.

(3) The class is broad and includes a number of distinct
assignments.

(4) It is in the best interest of the state to use skills-based
certification.

(b) For purposes of this section, “skills-based certification”
means the creation of a unique certification list for each vacancy
within a class. Skills-based certification is created by weighting
the scores attained by competitors of all measured knowledge,
skills, and abilities to reflect their relative importance to the job,
as identified by a job analysis for each vacancy. Skills-based
certification shall replace the single eligible list for a classification
with an unique list of eligible individuals for each vacancy.
Skills-based certification shall determine the order of individuals
on a certification list; it shall not affect the rules for using
certification lists.

(c) The begin delete board end delete begin insert department end insert shall also promulgate regulations
specifying how skills-based certification shall be implemented.
Among other things, these regulations shall include provisions to
ensure fairness to all candidates and prevent improper
manipulation.

SEC. 37.  

Section 18903 of the Government Code is amended
to read:

18903.  

(a) For each class there shall be maintained a general
reemployment list consisting of the names of all persons who have
occupied positions with probationary or permanent status in the
class and who have been legally laid off or demoted in lieu of
layoff.

(b) Within one year from the date of his or her resignation in
good standing, or his or her voluntary demotion, the name of an
employee who had probationary or permanent status may be placed
on the general reemployment list with the consent of the appointing
power and the begin delete board end delete begin insert department end insert . The general reemployment list
may also contain the names of persons placed thereon by the begin delete board end delete
begin insert department end insert in accordance with other provisions of this part.

SEC. 38.  

Section 18930.5 of the Government Code is amended
to read:

18930.5.  

The department may designate an appointing power
to design, announce, or administer examinations for the
establishment of employment lists in accordance with Section
18654 and board rule. begin delete No later than January 1, 1987, the board
shall authorize or assess the ability of appointing powers to design,
announce, or administer designated examinations for the
establishment of employment lists. The board end delete begin insert The department end insert may
audit examinations and order corrective action begin insert , including
withdrawing or limiting the authority previously exercised by the
designated appointing authority, end insert or nullify any examination or
parts thereof which have been conducted improperly.

A designated appointing power may contract with the department
or another designated appointing power for the purpose of
designing, publicizing, or administering an examination.

SEC. 39.  

Section 18931 of the Government Code is amended
to read:

18931.  

begin insert (a) end insert begin insert   end insert The board shall establish minimum qualifications
for determining the fitness and qualifications of employees for
each class of position begin delete ; for temporary appointments, and for
applicants for examinations, and for such purposes may require
such certificates of citizens, physicians, public officers, or others
having knowledge of the applicant, as the good of the service may
require. It may require necessary documentary evidence of
citizenship, honorable discharge from the armed forces of the
United States, possession of valid licenses for various purposes,
or other evidence of identification, fitness, and qualification end delete . begin insert The
department may require applicants for examination or appointment
to provide documentation as it deems necessary to establish the
applicants’ qualifications. end insert

begin insert

(b) Whenever the law requires that an applicant for a position
as a peace officer be screened to ensure that the applicant is free
from emotional and mental impairment, the department or the
designated appointing authority shall undertake such screening
subject to the applicant’s right to appeal to the board.

end insert

SEC. 40.  

Section 18933 of the Government Code is amended
to read:

18933.  

(a) Within a reasonable time before the scheduled date,
the begin delete board end delete begin insert department end insert or a designated appointing power shall
announce or advertise examinations for the establishment of
eligible lists. The announcement shall begin delete contain information
concerning end delete begin insert include end insert the following:

(1) The date and place of the examination.

(2) The nature of the minimum qualifications.

(3) The general scope of the examination.

(4) The relative weight of its several parts if more than one type
of test is to be utilized.

(5) Any other information the begin delete board end delete begin insert department end insert deems proper.

(b) The begin delete board end delete begin insert department end insert shall notify the Department of
Veterans Affairs when any promotional examination for the
establishment of an eligible list is announced or advertised to
eligible candidates. The notification shall state the job position
and include all of the information listed in paragraphs (1) to (5),
inclusive, of subdivision (a).

SEC. 41.  

Section 18934 of the Government Code is amended
to read:

18934.  

Every applicant for examination shall file begin delete a formal
signed end delete begin insert an end insert application begin delete in the office of end delete begin insert with end insert the department or a
designated appointing power begin delete within a reasonable length of time
before the date of examination. Blank application forms shall be
furnished without charge to all persons requesting them. end delete begin insert as directed
in the examination announcement. Applications shall be accepted
free of any charge to the applicant. end insert Such applications when filed
and all other examination materials, including examination
questions and begin delete booklets end delete begin insert any written material end insert , are the property of
the department and are confidential records begin insert not end insert open to inspection
begin delete only if and as provided by rule end delete begin insert except as provided by law end insert .

The application begin delete form end delete shall include a place for listing volunteer
experience and such experience shall be considered if it is relevant
to the position being applied for begin delete . Each form shall have prominently
displayed on its face the fact end delete begin insert and shall state end insert that begin insert relevant end insert volunteer
experience will be given consideration as qualifying experience
for state employment.

SEC. 42.  

Section 18935 of the Government Code is repealed.

begin delete

18935.  

The department may refuse to examine or, after
examination, may refuse to declare as eligible or may withhold or
withdraw from certification, prior to appointment, anyone who
comes under any of the following categories:

(a) Lacks any of the requirements established by the board for
the examination or position for which he or she applies.

(b) At the time of examination has permanent status in a position
of equal or higher class than the examination or position for which
he or she applies.

(c) Is physically or mentally so disabled as to be rendered unfit
to perform the duties of the position to which he or she seeks
appointment.

(d) Is addicted to the use of intoxicating beverages to excess.

(e) Is addicted to the use of controlled substances.

(f) Has been convicted of a felony, or convicted of a
misdemeanor involving moral turpitude.

(g) Has been guilty of infamous or notoriously disgraceful
conduct.

(h) Has been dismissed from any position for any cause which
would be a cause for dismissal from the state service.

(i) Has resigned from any position not in good standing or in
order to avoid dismissal.

(j) Has intentionally attempted to practice any deception or fraud
in his or her application, in his or her examination, or in securing
his or her eligibility.

(k) Has waived appointment three times after certification from
the same employment list.

(l) Has failed to reply within a reasonable time to
communications concerning his or her availability for employment.

(m) Has made himself or herself unavailable for employment
by requesting that his or her name be withheld from certification.

(n) Is, in accordance with rule, found to be unsuited or not
qualified for employment.

(o) Has engaged in unlawful reprisal or retaliation in violation
of Article 3 (commencing with Section 8547) of Chapter 6.5 of
Division 1, as determined by the board or the court.

end delete

SEC. 43.  

Section 18935 is added to the Government Code, to
read:

18935.  

(a) The department or a designated appointing power
may refuse to examine, or after examination may refuse to declare
as eligible, or may withhold or withdraw from an eligible list,
before the appointment, anyone who meets any of the following
criteria:

(1) Lacks any of the requirements for the examination or position
for which he or she applied.

(2) Has been dismissed from any position for any cause that
would be a cause for dismissal from state service.

(3) Has resigned from any position not in good standing in order
to avoid dismissal.

(4) Has misrepresented himself or herself in the application or
examination process, including permitting another person to
complete or attempt to complete a portion of the examination on
his or her behalf.

(5) Has been found to be unsuited or not qualified for
employment pursuant to rule.

(b) The remedies provided in this section are not exclusive and
shall not prevent the board, department, or appointing power from
taking additional actions pursuant to Chapter 10 (commencing
with Section 19680).

SEC. 44.  

Section 18936 of the Government Code is amended
to read:

18936.  

The final earned rating of each person competing in
any examination shall be determined by the weighted average of
the earned ratings on all phases of the examination, according to
the weights for each phase established by the begin delete board end delete begin insert department end insert
or a designated appointing power in advance of the giving of the
examination and published as a part of the announcement of the
examination.

The begin delete board end delete begin insert department end insert or a designated appointing power may
set minimum qualifying ratings for each phase of an examination
and may provide that competitors failing to achieve such ratings
in any phase shall be disqualified from any further participation
in the examination.

SEC. 45.  

Section 18937 of the Government Code is amended
to read:

18937.  

The passing mark for an examination may be other than
the true percentage or average published as a part of the
announcement of the examination, if deemed by the begin delete board end delete
begin insert department end insert or a designated appointing power to be justified in
order to provide an adequate eligible list or to adjust for the
apparent difficulty of an examination. In establishing any eligible
list or promotional list following an examination, the names of the
persons who have attained the passing mark in such examination
shall be placed on the list in the order of final earned ratings, except
as such order may be modified by the application of veterans’
preferences. When the order of names has been determined after
applying the appropriate veterans’ preference credits, the begin delete board end delete
begin insert department end insert may thereafter limit to suit the needs of the service the
number of names to be placed on the employment list.

SEC. 46.  

Section 18938.6 of the Government Code is amended
to read:

18938.6.  

The department begin insert or designated appointing power end insert shall
provide for the inspection of examination papers for all written
test competitors.

SEC. 47.  

Section 18940 of the Government Code is repealed.

begin delete

18940.  

(a) When an examination is scheduled to be given
during the period from sundown on a Friday until sundown on the
following day, and it is the practice of an applicant, based upon
his religious convictions, to observe the Sabbath during such
period, and the applicant therefore objects to taking the examination
during such period, he may elect to avail himself of the procedure
provided for in subdivision (b).

(b) On or before the final date for filing applications for an
examination the applicant shall advise the board or a designated
appointing power of his objections, his desire for the deferred
examination and for surveillance described in subdivision (c), and
his preference between individual and group surveillance. If, in
the opinion of the board or a designated appointing power, the
security of examination material does not require surveillance, the
applicant may be given a deferred examination without
surveillance.

(c) An applicant who gives notice to the board or a designated
appointing power in accordance with subdivision (b) unless
surveillance is waived by the board or a designated appointing
power shall be entitled to receive such surveillance by a
representative of the board, either individually or as part of a group,
depending on the facilities of the board or a designated appointing
power and the preference of the applicant, as will render it
impossible for the candidate to learn of the contents of the
examination. The surveillance shall continue from the time of
commencement of the general examination until the
commencement of the deferred examination of the applicant, which
deferred examination shall be given promptly after the close of
the Sabbath observed by the applicant. During the period of
surveillance the board or a designated appointing power may
require the presence of the applicant at such place or places as it
deems appropriate, but the applicant shall be allowed the greatest
freedom of movement consistent with the purposes of this section.

end delete

SEC. 48.  

Section 18940 is added to the Government Code, to
read:

18940.  

Any applicant for examination may request reasonable
accommodation for a disability or sincerely held religious belief
pursuant to the Fair Employment and Housing Act or any other
applicable law. The department may prescribe rules governing
those requests.

SEC. 49.  

Section 18941 of the Government Code is repealed.

begin delete

18941.  

(a) For purposes of this section, “Section 211” means
the board regulation restricting a dismissed employee from taking
civil service examinations, provided for pursuant to Section 211
of Title 2 of the California Code of Regulations.

(b) The board shall do both of the following:

(1) Provide, by rule, for grant of a blanket waiver under Section
211 that will allow a dismissed employee who meets standards to
be determined by the board to apply for any civil service
examination, so that he or she will not need a separate waiver for
each examination.

(2) Prepare a written notice that explains the effect of dismissal
from state employment on eligibility to take civil service
examinations, as stated in Section 211, and the process by which
a dismissed employee can compete in a civil service examination,
including any changes to that process required by this section.

end delete

SEC. 50.  

Section 18941 is added to the Government Code, to
read:

18941.  

Any former state employee who was dismissed from
state service pursuant to Chapter 7 (commencing with Section
19500) of Division 5 of this part may petition the department to
be permitted to take a civil service examination in order to establish
eligibility for appointment to state service. The department may
grant such a petition for a particular examination or may grant the
petition for any or all future examinations. If the department denies
the petition, the former state employee may appeal that decision
to the board.

SEC. 51.  

Section 18950 of the Government Code is amended
to read:

18950.  

Vacancies in positions shall be filled insofar as
consistent with the best interests of the state from among employees
holding positions in appropriate classes, and appropriate
promotional lists shall be established to facilitate this purpose,
except as provided in Section 18930. Examinations shall be held
on an open, nonpromotional basis when, in the judgment of the
begin delete board end delete begin insert department or designated appointing power end insert , open
competition will produce eligible lists with more highly skilled
qualified candidates and is consistent with the best interests of the
state.

The begin delete board end delete begin insert department end insert may prescribe conditions under which
state employees, persons on leave of absence, and persons whose
names are on appropriate reemployment lists, may be permitted
to compete in promotional examination and to attain eligibility for
appointment.

The begin delete board end delete begin insert department end insert may further prescribe conditions under
which eligibility may be transferred from one promotional list to
another promotional list when such lists are for the same class and
have been established as a result of the same or a similar
examination.

SEC. 52.  

Section 18950.1 of the Government Code is amended
to read:

18950.1.  

Notwithstanding any other begin delete provision of the end delete law,
full-time employees of the state who are exempt from state civil
service pursuant to the provisions of Section 4 of Article VII of
the California Constitution, shall be eligible to receive three career
credits, except when competing for managerial positions, as defined
in Section 3513, under conditions prescribed by the begin delete State Personnel
Board end delete begin insert department end insert .

Such credits shall be granted only for open nonpromotional
examinations. In order to be eligible to receive credits, such
employees must meet all qualification requirements specified begin delete by
the board end delete and must have 12 consecutive months of service in an
exempt position.

SEC. 53.  

Section 18951 of the Government Code is amended
to read:

18951.  

The board begin insert , department, end insert and each state agency and
employee shall encourage economy and efficiency in and devotion
to state service by encouraging promotional advancement of
employees showing willingness and ability to perform efficiently
services assigned them, and every person in state service shall be
permitted to advance according to merit and ability.

In an examination held on an open, nonpromotional basis under
the provisions of Section 18950, a competitor, who has permanent
civil service status, or who has a mandatory right of reinstatement
to a position with permanent civil service status, and who attains
the passing mark established for an examination which is not for
a managerial position as defined in Section 3513, shall have three
credits added to his or her earned score. Such credits shall be
known as career credits.

SEC. 54.  

Section 18972 of the Government Code is amended
to read:

18972.  

For specific begin delete State end delete begin insert state end insert services or employments as
determined by the begin delete board end delete begin insert department end insert , it may in examination allow
general or individual preference in ratings to veterans who have
suffered permanent disability in line of duty, if such disability will
not prevent the proper performance of the duties required under
such service or employment, and if such disability is of record in
the files of the United States Veterans’ Administration.

SEC. 55.  

Section 18975 of the Government Code is amended
to read:

18975.  

In any examinations to establish employment lists in
which credits are allowed for experience, periods of service in the
recognized military service shall be counted by the begin delete board end delete
begin insert department and designated appointing authority end insert as experience
upon a showing by the veteran that such service involved duties
and responsibilities of the kind for which credit for experience is
being allowed.

SEC. 56.  

Section 18976 of the Government Code is amended
to read:

18976.  

Request for and proof of eligibility for veterans’
preference credits shall be submitted by the veteran to the
department begin insert or designated appointing power end insert conducting the
employment examination. The procedures and time of filing the
request shall be subject to rules promulgated by the begin delete State Personnel
Board end delete begin insert department end insert , in consultation with the Department of Veterans
Affairs.

SEC. 57.  

Section 19050.4 of the Government Code is amended
to read:

19050.4.  

A transfer may be accomplished without examination
pursuant to begin delete board end delete rule. The department or appointing authority
may require an employee to demonstrate in an examination that
he or she possesses any additional or different requirements that
are included in the minimum qualifications of the class to which
the employee is transferring.

SEC. 58.  

Section 19052 of the Government Code is repealed.

begin delete

19052.  

Whenever a vacancy in any position is to be filled and
not by transfer, demotion, or reinstatement, the appointing power
shall submit to the department, in accordance with board rules, a
statement of the duties of the position, the necessary and desired
qualifications of the person to be appointed, and a request that the
names of persons eligible for appointment to the position be
certified. When the appointing power establishes to the satisfaction
of the department that the necessary qualifications for the vacant
position include fluency in a language in addition to English only
the names of persons possessing such fluency shall be certified.

end delete

SEC. 59.  

Section 19052 is added to the Government Code, to
read:

19052.  

Whenever a vacancy in any position is to be filled and
not by transfer, demotion, or reinstatement, the appointing power
shall provide any information the department requests, including
the classification of the position, the number of vacancies to be
filled, the tenure and time base of the position, the location of the
position, and any other information as the department may require.

SEC. 60.  

Section 19057.1 of the Government Code is amended
to read:

19057.1.  

Notwithstanding Section 19057, for positions in
classes designated begin delete by the board end delete as professional, scientific, or
administrative, or for any open employment list, there shall be
certified to the appointing power the names and addresses of all
those eligibles whose scores, at time of certification, represent the
three highest ranks on the employment list for the class, and who
have indicated their willingness to accept appointment under the
conditions of employment specified.

For purposes of ranking, scores of eligibles on employment lists
for these classes shall be rounded to the nearest whole percent. A
rank shall consist of one or more eligibles with the same whole
percentage score.

If the names on the list from which certification is being made
represent fewer than three ranks, then additional eligibles shall be
certified from the various lists next lower in order of preference
until names from three ranks appear. If there are fewer than three
names available for certification, and the appointing authority does
not choose to appoint from among these, the appointing authority
may demand certification of three names. In that case, examinations
shall be conducted until at least three names may be certified by
the procedure described in this section, and the appointing authority
shall fill the position by appointment of one of the persons certified.

Fractional examination scores shall be provided to, and begin delete utilized end delete
begin insert used end insert by, the Department of the California Highway Patrol for its
peace officer classes.

The department may begin delete , consistent with board rules, end delete provide for
certifying less than three ranks where the size of the certified group
is disproportionate to the number of vacancies.

SEC. 61.  

Section 19057.2 of the Government Code is amended
to read:

19057.2.  

Notwithstanding the provisions of Section 19057, for
positions in classes designated begin delete by the board end delete as management, there
shall be certified to the appointing power the names and addresses
of all those applicants whose scores, at the time of certification,
represent the three highest ranks on the employment list for the
class, and who have indicated their willingness to accept
appointment under the conditions of employment specified.

For purposes of ranking, scores of eligibles on employment lists
for such classes shall be divided into six ranks. The first rank shall
consist of eligibles who receive a score of 95 percent or higher.
The second rank shall consist of eligibles who receive a score of
90 to 94 percent begin insert , inclusive end insert . The third rank shall consist of eligibles
who receive a score of 85 to 89 percent begin insert , inclusive end insert . The fourth rank
shall consist of eligibles who receive a score of 80 to 84 percent begin insert ,
inclusive end insert . The fifth rank shall consist of eligibles who receive a
score of 75 to 79 percent begin insert , inclusive end insert . The sixth rank shall consist
of eligibles who receive a score of 70 to 74 percent begin insert , inclusive end insert . All
examination scores for positions in these classes shall be rounded
to the nearest whole percent.

If the names on the list from which certification is being made
represent fewer than three ranks, then additional eligibles shall be
certified from the various lists next lower in order of preference
until names from three ranks appear. If there are fewer than three
names available for certification, and the appointing authority does
not choose to appoint from among these, the appointing authority
may demand certification of three names. In such case,
examinations shall be conducted until at least three names may be
certified by the procedure described in this section, and the
appointing authority shall fill the position by appointment of one
of the persons certified.

begin delete

In accordance with board rule, fractional examination scores
shall be provided to the appointing power upon his or her request.

end delete

The begin delete board end delete begin insert department end insert may begin delete by rule provide for certifying end delete begin insert certify end insert
less than three ranks where the size of the certified group is
disproportionate to the number of vacancies.

SEC. 62.  

Section 19058 of the Government Code is amended
to read:

19058.  

When there is no employment list from which a position
may be filled, the appointing power, with the consent of the
department, may fill the position by temporary appointment. The
temporary appointment to a permanent position shall continue only
until eligibles are available from an appropriate employment list
and shall not exceed the period prescribed by Section 5 of Article
VII of the Constitution. Within the limits of the period prescribed
therein, any temporary appointment to a limited term position may,
in the discretion of the appointing power and with the approval of
the begin delete board end delete begin insert department end insert , be continued for the life of such position.
When temporary appointments are made to permanent positions,
an appropriate employment list shall be established for each class
to which a temporary appointment is made before the expiration
of the appointment.

SEC. 63.  

Section 19059 of the Government Code is amended
to read:

19059.  

A person who does not possess the minimum
qualifications for the class to which the position belongs shall not
be appointed under a temporary appointment. A temporary
appointee begin delete , as such, end delete shall not acquire any probationary or permanent
status or rights, and time spent under temporary appointment shall
not contribute to the probationary period if the appointee is
subsequently successful in an examination and is certified and
appointed to the position.

SEC. 64.  

Section 19062.5 of the Government Code is amended
to read:

19062.5.  

The begin delete board end delete begin insert department end insert may establish begin delete rules specifying
minimum service and end delete eligibility requirements governing movement
of employees between full-time, part-time, and intermittent
positions.

SEC. 65.  

Section 19082 of the Government Code is amended
to read:

19082.  

The begin delete board by rule end delete begin insert department end insert may provide for the
establishment, maintenance, and use of preferred limited-term
lists.

SEC. 66.  

Section 19101 of the Government Code is amended
to read:

19101.  

The begin delete board may by rule provide for establishment of end delete
begin insert department or a designated appointing authority may establish end insert
employment lists from which intermittent appointments may be
made. Eligibles shall be certified in accordance with their position
on the appropriate employment list and their willingness to accept
appointment to such position as “intermittent employees.”

SEC. 67.  

Section 19140 of the Government Code is amended
to read:

19140.  

(a) In addition to reinstatement required under any
other section, an appointing power may, in his or her discretion,
reinstate any person having probationary or permanent status who
was separated from his or her position (1) by resignation, (2) by
service retirement, (3) by termination from limited-term, temporary,
career executive assignment, or exempt appointment, (4) under
Section 19996.2, or (5) without a break in continuity of state
service to accept another civil service or exempt appointment. In
addition, an employee who was separated from his or her position
under Section 19585 shall have permissive reinstatement eligibility
to that position when he or she again meets the requirements for
continuing employment in that position, and shall have permissive
reinstatement eligibility for any other position as provided by this
section.

(b) Reinstatement shall be undertaken subject to begin delete board end delete rule.

(c) Reinstatement shall be undertaken within three years if the
employee, at the time of separation, was a member of the California
Highway Patrol.

(d) For reinstatement after separation, for members of the
California Highway Patrol, the time spent in any of the following
positions shall not be considered in computing the three-year
period:

(1) In a position which is exempt from civil service.

(2) As a temporary employee in another governmental agency
engaged in a technical cooperation program under an agreement
approved by the state.

(3) In a recognized military service.

(e) A member of the California Highway Patrol separated from
state service may be reinstated to an otherwise appropriate
nonmember class even if the separation exceeds three years.

(f) Reinstatement shall be made to any of the following vacant
positions:

(1) The class vacated or from which separated.

(2) A lower class in the same series.

(3) Another class to which the employee could transfer or
demote begin delete in accordance with board end delete begin insert pursuant to end insert rule.

An employee, including a member of the California Highway
Patrol, separated from his or her former position in state service
by layoff, or by resignation or demotion in lieu of layoff, may be
reinstated at the discretion of the appointing power. However, the
reinstatement is subject to the requirements of this section and
shall not be to a position that is specifically subject to the
employee’s reemployment list eligibility.

SEC. 68.  

Section 19140.5 of the Government Code is amended
to read:

19140.5.  

This section applies only to a permanent employee,
or an employee who previously had permanent status and who,
since receiving permanent status, has had no break in the continuity
of state service due to a permanent separation.

An employee who is (a) terminated from a temporary or
limited-term appointment by either the employee or the appointing
power; or (b) rejected during probation; or (c) demoted from a
managerial position pursuant to Section 19590; shall be reinstated
to his or her former position provided all of the following
conditions occur:

(1) The employee accepted the appointment without a break in
the continuity of state service.

(2) The reinstatement is requested in the manner provided by
begin delete board end delete rule within 10 working days after the effective date of the
termination.

SEC. 69.  

Section 19141.1 of the Government Code is amended
to read:

19141.1.  

(a) This section applies only to a permanent
employee, or an employee who previously had permanent status,
and who has a reinstatement right pursuant to Section 19141. begin delete The
State Personnel Board may adopt rules to implement this section. end delete

(b) Within four years of the termination of an appointment in
an exempt position, either by the employee or the appointing
power, an employee who has completed a minimum of five years
of state service experience and at least one year but less than three
years of exempt service shall be given an opportunity upon request
to obtain civil service appointment eligibility, through a deferred
examination, for any position offered by any appointing power in
any class for which a current eligible list exists and which has a
salary range up to two steps higher than the employee’s former
position. If the employee has three or more years of exempt service,
the opportunity shall be provided for any class at least two salary
steps below the employee’s exempt salary level.

(c) At the termination of an exempt appointment, either by the
employee or the appointing power, on or after January 1, 1987, an
employee who has at least 10 years of state service including five
years of civil service experience and at least three consecutive
years of exempt service under a single appointing power and who
requests reinstatement in writing within 10 days of the termination,
shall be reinstated upon request to (1) his or her former position
or (2) any vacant position for which the employee has civil service
eligibility under the appointing power where the three years of
service were completed and which is at least two salary steps below
the employee’s exempt salary level. In the absence of current list
eligibility, an employee shall be entitled to a deferred examination
for placement on a current eligible list for classes meeting the
mandatory reinstatement criteria. If the employee obtains civil
service appointment eligibility at any time within two years of the
termination of the exempt appointment, and a vacant position in
the appropriate class is not available, the employee’s name shall
be placed on the appointing power’s departmental or subdivisional
reemployment for any classes and locations which would satisfy
the employee’s reinstatement request. Departmental or
subdivisional reemployment list eligibility granted under this
section shall not result in placement on any general reemployment
list.

If an employee cannot be placed in a vacant position pursuant
to this section, the employee shall be reinstated to his or her former
position.

SEC. 70.  

Section 19143 of the Government Code is amended
to read:

19143.  

At the termination of any temporary separation, except
termination of a permanent or probationary employee by layoff
and termination by displacement, as defined in begin delete board end delete regulation,
the employee shall be reinstated to his or her former position, as
defined in Section 18522, unless some other reinstatement right
is specified for the particular temporary separation in the Civil
Service Act or begin delete board end delete regulation.

SEC. 71.  

Section 19170 of the Government Code is amended
to read:

19170.  

(a) The board shall establish for each class the length
of the probationary period. The probationary period that shall be
served upon appointment shall be six months unless the board
establishes a longer period of not more than one year.

(b)  begin delete The end delete begin insert By rule, the end insert board may begin delete provide by rule for either of the
following end delete :

(1)  begin delete Increasing end delete begin insert Increase end insert the length of individual probationary
periods by adding begin delete thereto end delete periods of time begin delete during which end delete begin insert to any
periods of time end insert an employee, while serving as a probationer, is
absent from his or her position.

(2)  begin delete Requiring end delete begin insert Require end insert an additional begin insert probationary end insert period not to
exceed the length of the begin delete original end delete probationary period begin insert of the class
in which the probationer was appointed end insert when begin delete a end delete begin insert the end insert probationary
employee returns after an extended period of absence and the
remainder of the probationary period is insufficient to evaluate his
or her current performance.

(c) Upon written agreement between an appointing power and
an employee who alleges that he or she has a disability, as defined
in Section 12926, subject to approval of the agreement by the
board, the employee’s probationary period may be extended for a
period, not to exceed six months, to allow the appointing power
to provide a reasonable accommodation to the employee and the
employee to demonstrate, before the probationary period ends, the
ability to perform satisfactorily the essential functions of the
position with reasonable accommodation. Nothing in this
subdivision may relieve an appointing power from complying with
applicable law requiring reasonable accommodation or prohibiting
discrimination based on disability, and no employee, as a condition
of an agreement to extend the probationary period, may be required
to waive or release any rights he or she may have under applicable
law requiring reasonable accommodation or prohibiting
discrimination based on disability.

SEC. 72.  

Section 19200 of the Government Code is amended
to read:

19200.  

Whenever the United States is engaged in war or
whenever the begin delete board end delete begin insert department end insert finds that an emergency exists in
connection with the national defense, the begin delete board may provide by
rule for a system of end delete begin insert department may authorize end insert duration
examinations and employments begin delete and the conditions attached thereto, end delete
in those classes in which the best interests of the begin delete State end delete begin insert state end insert would
be served during such war or emergency. Within not less than three
months, or more than one year, after the begin delete board end delete begin insert department end insert finds
that begin delete for the purpose of this section end delete there is no longer an emergency,
all duration employments shall be terminated in such order as the
begin delete board end delete begin insert department end insert deems appropriate.

SEC. 73.  

Section 19253 of the Government Code is amended
to read:

19253.  

Subject to approval by the begin delete board end delete begin insert department, end insert an
appointing power with the concurrence or at the request of an
employee may request the voluntary demotion of such employee
to a vacant position.

If the class to which the demotion is proposed requires
qualifications, knowledges, or abilities not measured by the
examination for the class from which demotion is proposed, the
begin delete board end delete begin insert department end insert may examine the employee for the possession
of those additional qualifications, knowledges, and abilities.

SEC. 74.  

Section 19253.5 of the Government Code is amended
to read:

19253.5.  

(a)  begin delete In accordance with board rule, the end delete begin insert An end insert appointing
power may require an employee to submit to a medical examination
by a physician or physicians designated by the appointing power
to evaluate the capacity of the employee to perform the work of
his or her position.

(b) Fees for the examination and for the services of medical
specialists or technicians, if necessary, shall be paid by the state
agency. The employee may submit medical or other evidence to
the examining physician or to the appointing power. The examining
physician shall make a written report of the examination to the
appointing power. The appointing power shall provide a copy to
the physician designated by the employee.

(c) When the appointing power, after considering the
conclusions of the medical examination and other pertinent
information, concludes that the employee is unable to perform the
work of his or her present position, but is able to perform the work
of another position including one of less than full time, the
appointing power may demote or transfer the employee to such a
position.

Except as authorized by the Department of Human Resources
under Section 19837, the employee demoted or transferred pursuant
to this section shall receive the maximum of the salary range of
the class to which he or she is demoted or transferred, provided
that the salary is not greater than the salary he or she received at
the time of his or her demotion or transfer.

(d) When the appointing power after considering the conclusions
of the medical examination provided for by this section or medical
reports from the employee’s physician, and other pertinent
information, concludes that the employee is unable to perform the
work of his or her present position, or any other position in the
agency, and the employee is not eligible or waives the right to
retire for disability and elects to withdraw his or her retirement
contributions or to permit his or her contributions to remain in the
retirement fund with rights to service retirement, the appointing
power may terminate the appointment of the employee.

(e) The appointing power may demote, transfer, or terminate
an employee under this section without requiring the employee to
submit to a medical examination when the appointing power relies
upon a written statement submitted to the appointing power by the
employee as to the employee’s condition or upon medical reports
submitted to the appointing power by the employee.

(f) The employee shall be given written notice of any demotion,
transfer, or termination under this section at least 15 days prior to
the effective date thereof. No later than 15 days after service of
the notice, the employee may appeal the action of the appointing
power to the board. The board, in accordance with its rules, shall
hold a hearing. The board may sustain, disapprove, or modify the
demotion, transfer, or termination.

(g) Whenever the board revokes or modifies a demotion,
transfer, or termination, the board shall direct the payment of salary
to the employee calculated on the same basis and using the same
standards as provided in Section 19584.

(h) Upon the request of an appointing authority or the petition
of the employee who was terminated, demoted, or transferred in
accordance with this section, the employee shall be reinstated to
an appropriate vacant position in the same class, in a comparable
class or in a lower related class if it is determined by the board
that the employee is no longer incapacitated for duty. Such a
reinstatement to a position in a different agency may be made only
with the concurrence of that agency. In approving or ordering the
reinstatements, the board may require the satisfactory completion
of a new probationary period. When the board finds the employee
who was terminated, demoted, or transferred is no longer
incapacitated for duty but there is no vacant position to which the
employee appropriately can be appointed, the name of the
employee shall be placed upon those reemployment lists that are
determined to be appropriate by the board.

(i) (1) If the appointing power, after considering the conclusions
of the medical examination provided for by this section or medical
reports from the employee’s physician and other pertinent
information, concludes that the employee is unable to perform the
work of his or her present position or any other position in the
agency and the employee is eligible and does not waive the right
to retire for disability, the appointing power shall file an application
for disability retirement on the employee’s behalf. The appointing
power shall give the employee 15 days written notice of its
intention to file such an application and a reasonable opportunity
to respond to the appointing power prior to the appointing power’s
filing of the application. However, the appointing power’s decision
to file the application is final and is not appealable to the State
Personnel Board.

(2) Notwithstanding Section 21153, upon filing the application
for disability retirement, the appointing power may remove the
employee from the job and place the employee on involuntary
leave status. The employee may use any accrued leave eligible
during the period of the involuntary leave. If the employee’s leave
credits and programs are exhausted or if they do not provide
benefits at least equal to the estimated retirement allowance, the
appointing power shall pay the employee an additional temporary
disability allowance so that the employee receives payment equal
to the retirement allowance. The appointing power shall continue
to make all employer contributions to the employee’s health plans
during the period of the involuntary leave.

(3) If the application for disability retirement is subsequently
granted, the retirement system shall reimburse the appointing power
for the temporary disability allowance which shall be deducted
from any back disability retirement benefits otherwise payable to
the employee. If the application is denied, the appointing power
shall reinstate the employee to his or her position with back salary
and benefits pursuant to subdivision (g), less any temporary
disability allowance paid by the appointing power. The appointing
power shall also restore any leave credits the employee used during
the period of the involuntary leave.

SEC. 75.  

Section 19257.5 of the Government Code is amended
to read:

19257.5.  

Where the appointment of an employee has been
made and accepted in good faith, but where begin delete such end delete begin insert the end insert appointment
would not have been made but for some mistake of law or fact
begin delete which end delete begin insert that end insert if known to the parties would have rendered the
appointment unlawful when made, the begin delete board end delete begin insert department end insert may
declare the appointment void from the beginning if begin delete such end delete begin insert the end insert action
is taken within one year after the appointment.

SEC. 76.  

Section 19400 of the Government Code is amended
to read:

19400.  

It is the intent of this article to begin delete aid the implementation
of affirmative action programs in state agencies and departments
by creating end delete begin insert establish and maintain end insert an effective upward mobility
program for state employees begin delete concentrated end delete in low-paying
occupations. An upward mobility program is one in which career
opportunities are developed begin delete , end delete begin insert and end insert published and assistance begin insert is end insert
provided which will allow employees in low-paying occupations
to develop and advance to their highest potential. begin delete Because of the
large percentage of women and minorities concentrated in these
occupations such a program will help the state meet its affirmative
action goals. end delete

SEC. 77.  

Section 19401 of the Government Code is amended
to read:

19401.  

All begin delete departments and agencies end delete begin insert appointing authorities end insert
of state government shall establish an effective program of upward
mobility for employees in begin delete low paying end delete begin insert low-paying end insert occupational
groups begin delete , as defined by the State Personnel Board end delete . In developing
their upward mobility programs, begin delete departments and agencies end delete
begin insert appointing authorities end insert shall endeavor to provide, to the greatest
extent possible, the following opportunities for employees who
meet criteria established by the begin delete department or agency end delete begin insert appointing
authority end insert , demonstrate the aptitude or potential for advancement,
and wish to participate in:

(a) Career counseling begin delete utilizing end delete begin insert using end insert individual professional,
administrative, and technical employees who can serve as career
models, and a course in group career counseling. Each employee
who wishes to participate in an upward mobility program should
be required to develop a career development plan.

(b) Appropriate academic counseling.

(c) Training opportunities such as college programs related to
special training programs. This training may include release time
at reduced cost or no cost to the employee and may be offered in
geographically remote areas through cooperative arrangements
with other departments and colleges.

(d) Training and development assignments.

(e) On-the-job training.

(f) Job restructuring, including the development of career ladders
and lattices, and modifications of requirements where employment
barriers exist.

SEC. 78.  

Section 19402 of the Government Code is amended
to read:

19402.  

All upward mobility programs shall include annual
goals that include the number of employees expected to progress
from positions in begin delete low paying end delete begin insert low-paying end insert occupational groups to
entry-level technical, professional, and administrative positions,
and the timeframe within which this progress shall occur. The
begin delete State Personnel Board end delete begin insert Department of Human Resources end insert shall be
responsible for approving each department’s annual upward
mobility goals and timetables.

Any begin delete department or agency of state government end delete begin insert appointing
authority end insert that determines that it will be unable to achieve the goals
may begin delete request the board end delete begin insert ask the department end insert for a reduction in the
goals. If the begin delete board end delete begin insert department end insert determines that the begin delete department or
agency end delete begin insert appointing authority end insert has not made a good faith effort to
achieve the goals, the begin delete board end delete begin insert department end insert shall hold public hearings
to determine the reasons for the deficiencies and to establish a
program to overcome these deficiencies.

SEC. 79.  

Section 19403 of the Government Code is amended
to read:

19403.  

The begin delete State Personnel Board end delete begin insert department end insert shall, in
cooperation with begin delete departments end delete begin insert appointing authorities end insert , establish
bridging classifications and career ladders to provide upward
mobility from jobs in begin delete low paying end delete begin insert low-paying end insert occupations to
technical, professional, and administrative jobs on an ongoing
basis.

SEC. 80.  

Section 19405 of the Government Code is amended
to read:

19405.  

The begin delete State Personnel Board end delete begin insert department end insert shall annually
submit a report to the Legislature on the performance of each
begin delete department end delete begin insert appointing authority end insert and agency in state government
in meeting its obligations under this article.

SEC. 81.  

Section 19406 of the Government Code is repealed.

begin delete

19406.  

The State Personnel Board shall prepare written
guidelines for implementation of the upward mobility program
described in this article within six months from the effective date
of this article. The board shall involve representatives from a cross
section of groups and organizations representing state employees,
including target groups, both in the initial discussion and in the
subsequent preparation of the guidelines.

end delete

SEC. 82.  

Section 19574.2 of the Government Code is amended
to read:

19574.2.  

(a) Any party claiming that his or her request for
discovery pursuant to Section 19574.1 has not been complied with
may serve and file a petition to compel discovery with the Hearing
Office of the State Personnel Board, naming as respondent the
party refusing or failing to comply with Section 19574.1. The
petition shall state facts showing that the respondent party failed
or refused to comply with Section 19574.1, a description of the
matters sought to be discovered, the reason or reasons why the
matter is discoverable under Section 19574.1, and the ground or
grounds of begin insert the end insert respondent’s refusal so far as known to begin insert the end insert
petitioner.

(b) The petition shall be served upon begin insert the end insert respondent party and
filed within 14 days after the respondent party first evidenced his
or her failure or refusal to comply with Section 19574.1 or within
30 days after the request was made and the party has failed to reply
to the request, whichever period is longer. However, no petition
may be filed within begin delete 15 end delete begin insert 90 end insert days of the date set for commencement
of the administrative hearing, except upon a petition and a
determination by the administrative law judge of good cause. In
determining good cause, the administrative law judge shall consider
the necessity and reasons for the discovery, the diligence or lack
of diligence of the moving party, whether the granting of the
petition will delay the commencement of the administrative hearing
on the date set, and the possible prejudice of the action to any
party. The respondent shall have a right to file a written answer to
the petition. Any answer shall be filed with the Hearing Office of
the State Personnel Board and the petitioner within 15 days of
service of the petition.

Unless otherwise stipulated by the parties and as provided by
this section, the administrative law judge shall review the petition
and any response filed by the respondent and issue a decision
granting or denying the petition within 20 days after the filing of
the petition. Nothing in this section shall preclude the
administrative law judge from determining that an evidentiary
hearing shall be conducted prior to the issuance of a decision on
the petition. In the event that a hearing is ordered, the decision of
the administrative law judge shall be issued within 20 days of the
closing of the hearing.

A party aggrieved by the decision of the administrative law judge
may, within 30 days of service of the decision, file a petition to
compel discovery in the superior court for the county in which the
administrative hearing will be held or in the county in which the
headquarters of the appointing power is located. The petition shall
be served on the respondent party.

(c) If from a reading of the petition the court is satisfied that the
petition sets forth good cause for relief, the court shall issue an
order to show cause directed to the respondent party; otherwise
the court shall enter an order denying the petition. The order to
show cause shall be served upon the respondent and his or her
attorney of record in the administrative proceeding by personal
delivery or certified mail and shall be returnable no earlier than
10 days from its issuance nor later than 30 days after the filing of
the petition. The respondent party shall have the right to serve and
file a written answer or other response to the petition and order to
show cause.

(d) The court may, in its discretion, order the administrative
proceeding stayed during the pendency of the proceeding, and, if
necessary, for a reasonable time thereafter to afford the parties
time to comply with the court order.

(e) Where the matter sought to be discovered is under the
custody or control of the respondent party and the respondent party
asserts that the matter is not a discoverable matter under Section
19574.1, or is privileged against disclosure under Section 19574.1,
the court may order lodged with it matters which are provided in
subdivision (b) of Section 915 of the Evidence Code and shall
examine the matters in accordance with the provisions thereof.

(f) The court shall decide the case on the matters examined by
the court in camera, the papers filed by the parties, and any oral
argument and additional evidence as the court may allow.

(g) Unless otherwise stipulated by the parties, the court shall
no later than 45 days after the filing of the petition file its order
denying or granting the petition; provided, however, that the court
may on its own motion for good cause extend the time an additional
45 days. The order of the court shall be in writing setting forth the
matters or parts the petitioner is entitled to discover under Section
19574.1. A copy of the order shall forthwith be served by mail by
the clerk upon the parties. Where the order grants the petition in
whole or in part, the order shall not become effective until 10 days
after the date the order is served by the clerk. Where the order
denies relief to the petitioning party, the order shall be effective
on the date it is served by the clerk.

(h) The order of the superior court shall be final and, except for
this subdivision, shall not be subject to review by appeal. A party
aggrieved by the order, or any part thereof, may within 30 days
after the service of the superior court’s order serve and file in the
district court of appeal for the district in which the superior court
is located, a petition for a writ of mandamus to compel the superior
court to set aside, or otherwise modify, its order. Where a review
is sought from an order granting discovery, the order of the trial
court and the administrative proceeding shall be stayed upon the
filing of the petition for writ of mandamus; provided, however,
that the court of appeal may dissolve or modify the stay thereafter,
if it is in the public interest to do so. Where the review is sought
from a denial of discovery, neither the trial court’s order nor the
administrative proceeding shall be stayed by the court of appeal
except upon a clear showing of probable error.

(i) Where the superior court finds that a party or his or her
attorney, without substantial justification, failed or refused to
comply with Section 19574.1, or, without substantial justification,
filed a petition to compel discovery pursuant to this section, or,
without substantial justification, failed to comply with any order
of court made pursuant to this section, the court may award court
costs and reasonable attorney fees to the opposing party. Nothing
in this subdivision shall limit the power of the superior court to
compel obedience to its orders by contempt proceedings.

SEC. 83.  

Section 19582 of the Government Code is amended
to read:

19582.  

(a) Hearings may be held by the board, or by any
authorized representative, but the board shall render the decision
that in its judgment is just and proper.

During a hearing, after the appointing authority has completed
the opening statement or the presentation of evidence, the
employee, without waiving his or her right to offer evidence in the
event the motion is not granted, may move for a dismissal of the
charges.

If it appears that the evidence presented supports the granting
of the motion as to some but not all of the issues involved in the
action, the board or the authorized representative shall grant the
motion as to those issues and the action shall proceed as to the
issues remaining. Despite the granting of the motion, no judgment
shall be entered prior to a final determination of the action on the
remaining issues, and shall be subject to final review and approval
by the board.

(b) If a contested case is heard by an authorized representative,
he or she shall prepare a proposed decision in a form that may be
adopted as the decision in the case. A copy of the proposed decision
shall be begin delete filed by the board as a public record and end delete furnished begin insert by the
board end insert to each party within 10 days after the begin insert board has adopted,
modified, rejected, or remanded the end insert proposed decision begin delete is filed with
the board end delete . The board itself may adopt the proposed decision in its
entirety, may remand the proposed decision, or may reduce the
adverse action set forth therein and adopt the balance of the
proposed decision.

(c) If the proposed decision is not remanded or adopted as
provided in subdivision (b), each party shall be notified of the
action, and the board itself may decide the case upon the record,
including the transcript, with or without taking any additional
evidence, or may refer the case to the same or another authorized
representative to take additional evidence. If the case is so assigned
to an authorized representative, he or she shall prepare a proposed
decision as provided in subdivision (b) upon the additional
evidence and the transcript and other papers that are part of the
record of the prior hearing. A copy of the proposed decision shall
be furnished to each party. The board itself shall decide no case
provided for in this subdivision without affording the parties the
opportunity to present oral and written argument before the board
itself. If additional oral evidence is introduced before the board
itself, no board member may vote unless he or she heard the
additional oral evidence.

(d) In arriving at a decision or a proposed decision, the board
or its authorized representative may consider any prior suspension
or suspensions of the appellant by authority of any appointing
power, or any prior proceedings under this article.

(e) In arriving at a decision or a proposed decision, the board,
in exercising its discretion consistent with its authority under
Section 3 of Article VII of the California Constitution, shall give
consideration and respect to any applicable disciplinary criteria
established pursuant to Section 19573, and the extent to which the
employee’s conduct resulted in, or if repeated is likely to result
in, harm to the public service, the circumstances surrounding the
offense or misconduct, and the likelihood of recurrence.

(f) The decision shall be in writing and contain findings of fact
and the adverse action, if any. The findings may be stated in the
language of the pleadings or by reference thereto. Copies of the
decision shall be served on the parties personally or by mail.

SEC. 84.  

Section 19583.51 of the Government Code is
repealed.

begin delete

19583.51.  

(a) Effective January 1, 1996, notwithstanding
Section 19583.5, this section shall only apply to state employees
in State Bargaining Unit 5. Any person, except for a current ward
of the Division of Juvenile Facilities, a current inmate of the
Department of Corrections and Rehabilitation, or a current patient
of a facility operated by the State Department of State Hospitals,
with the consent of the board or the appointing power may file
charges against an employee requesting that adverse action be
taken for one or more causes for discipline specified in this article.
Any request of the board to file charges pursuant to this section
shall be filed within one year of the event or events that led to the
filing. The employee against whom the charges are filed shall have
a right to answer as provided in this article. In all of these cases,
a hearing shall be conducted in accordance with this article and if
the board finds that the charges are true it shall have the power to
take any adverse action as in its judgment is just and proper.

(b) This section shall not be construed to supersede Section
19682.

(c) Any adverse action, as defined by Section 19576.1, that
results from a request to file charges pursuant to this section, is
subject to the appeal procedures in Section 19576.1.

end delete

SEC. 85.  

Section 19586 of the Government Code is amended
to read:

19586.  

Within 30 days after the day a copy of the decision
rendered by the board in a proceeding under this article is served
by the board upon the parties to the decision, either party may
petition the board for rehearing of the decision. The petition for
rehearing shall be in writing and shall contain all of the grounds
upon which a rehearing should be granted.

Within 30 days after the filing of a petition for rehearing with
the board, the board shall cause notice thereof to be served upon
the other parties to the proceeding by mailing to each a copy of
the petition for rehearing. The other parties to the proceeding shall
have 20 calendar days from the date of service of a copy of the
petition for rehearing to file with the board and serve upon the
petitioner a response to the petition for rehearing.

Within begin delete 60 end delete begin insert 90 end insert days after service of notice of filing of a petition
for rehearing, the board shall either grant or deny the petition in
whole or in part. Failure to act upon a petition for rehearing within
this begin delete 60-day end delete begin insert 90-day end insert period is a denial of the petition.

SEC. 86.  

Section 19600 of the Government Code is amended
to read:

19600.  

The department may, directly or through agreement or
contract with one or more appointing authorities and other public
and private organizations begin delete , with approval of the board, end delete conduct and
evaluate demonstration projects.

Nothing in this section shall infringe upon or conflict with the
merit principle as embodied in Article VII of the California
Constitution, nor shall any project undertaken pursuant to this act
conflict with, or infringe upon the merit principles of the civil
service system.

Subject to the provisions of this section, the conducting of
demonstration projects shall not be limited by any lack of specific
authority under this code to take the action contemplated, or by
any provision of this code or any rule or regulation prescribed
under this code which is inconsistent with the action, including
any law or regulation relating to any of the following:

(a) The methods of establishing qualification requirements for,
recruitment for, and appointment to positions.

(b) The methods of classifying positions and compensating
employees.

(c) The methods of assigning, reassigning, or promoting
employees.

(d) The methods of disciplining employees.

(e) The methods of providing incentives to employees, including
the provision of group or individual incentive bonuses or pay.

(f) The hours of work per day or per week.

(g) The methods of involving employees, labor organizations,
and employee organizations in personnel decisions.

(h) The methods of reducing overall agency staff and grade
levels.

SEC. 87.  

Section 19600.1 of the Government Code is amended
to read:

19600.1.  

“Demonstration project” means a project begin delete approved
by the board and end delete conducted by the department begin insert , end insert or begin delete another
appointed authority end delete begin insert under its supervision, end insert to determine whether a
specified change in personnel management policies or procedures
would result in improved state personnel management.

SEC. 88.  

Section 19630 of the Government Code is amended
to read:

19630.  

begin delete No end delete begin insert An end insert action or proceeding shall begin insert not end insert be brought by any
person having or claiming to have a cause of action or complaint
or ground for issuance of any complaint or legal remedy for wrongs
or grievances based on or related to any civil service law in this
state, begin delete or the administration thereof, end delete unless that action or proceeding
is commenced and served within one year after the cause of action
or complaint or ground for issuance of any writ or legal remedy
first arose. The person shall not be compensated for the time
subsequent to the date when the cause or ground arose unless that
action or proceeding is filed and served within 90 days after the
cause or ground begin insert first end insert arose. begin delete Where an appeal is taken from end delete begin insert Any
petition for a writ challenging end insert a decision of the begin delete board, the cause
of action does not arise until end delete begin insert board shall be filed within six months
of the date of end insert the final decision of the board.

This section shall not be applicable to any action or proceeding
for the collection of salary or wage, the amount of which is not
disputed by the state agency owing that salary or wage.

SEC. 89.  

Section 19680 of the Government Code is amended
to read:

19680.  

It is unlawful for any person:

(a) Wilfully by himself or in cooperation with another person
to defeat, deceive, or obstruct any person with respect to his right
of examination, application, or employment under this part or
begin delete board end delete rule.

(b) Wilfully and falsely to mark, grade, estimate, or report upon
the examination or proper standing of any person examined or
certified under this part or begin delete board end delete rule, or to aid in so doing, or make
any false representation concerning the same or the person
examined.

(c) Wilfully to furnish to any person any special or secret
information for the purpose of either improving or injuring the
prospects or chances of any person examined, certified begin insert , end insert or to be
examined or certified under this part or begin delete board end delete rule.

SEC. 90.  

Section 19682 of the Government Code is amended
to read:

19682.  

Every person who violates any provision of this chapter
is guilty of a misdemeanor. In accordance with Section 19683,
action may be taken by the appointing power, begin insert the department, end insert or
the executive officer of the board may file charges, against a state
employee who violates any provisions of this chapter.

SEC. 91.  

Section 19703 of the Government Code is amended
to read:

19703.  

A recommendation, question, or inquiry under this part
shall not relate to the political or religious opinions or affiliations
of any person, and an appointment to, change in, or removal from
any position under this part or begin delete board end delete begin insert by end insert rule shall not be in any
manner affected or influenced by such opinions or affiliations.

SEC. 92.  

Section 19763 of the Government Code is amended
to read:

19763.  

If the begin delete board end delete begin insert department end insert notifies an officer or employee
that any position has been filled in violation of this part or begin delete board end delete
rule, demands for the salary or compensation or other emolument
of the position shall not be approved or paid by such officer or
employee except upon the order of a court of competent
jurisdiction.

SEC. 93.  

Section 19764 of the Government Code is amended
to read:

19764.  

Every person who makes a payment of salary,
compensation begin insert , end insert or other emolument to any person holding a position
in the begin delete State end delete begin insert state end insert civil service in violation of this part or begin delete board end delete rule
and any officer or employee who signs, countersigns, or authorizes
the signing or countersigning of any warrant for such a payment
and the sureties on their official bonds begin delete are end delete begin insert is end insert liable to the State of
California therefor. An action to recover such a payment may be
maintained in any court of competent jurisdiction of this begin delete State end delete
begin insert state end insert , in the name of the people of the begin delete State end delete begin insert state end insert by the Attorney
General or by a resident citizen, who is assessed for and is liable
to pay, or, within one year before the commencement of such
action, has paid a tax in this begin delete State end delete begin insert state end insert .

SEC. 94.  

Section 19770 of the Government Code is amended
to read:

19770.  

(a) With the exception of Chapter 7.5 (commencing
with Section 400) of Part 1 of Division 2 of the Military and
Veterans Code, this part, rather than provisions of the Military and
Veterans Code, governs leave for military service, rights and
benefits accrued during that service, and reinstatement after that
service, for executive branch employees. begin delete Both the State Personnel
Board and the Department of Human Resources have
responsibilities for carrying out certain provisions of this chapter
as provided in subdivision (b). end delete

begin delete

(b) The State Personnel Board is responsible for the provisions
of this chapter pertaining to civil service examinations, list
eligibility, appointments, reinstatements, probationary periods,
and status. The Department of Human Resources is responsible
for the provisions of this chapter on eligibility for military leave
and the effect of these leaves on the employee’s salary, vacation,
sick leave, and seniority.

(c)

end delete

begin insert (b) end insert  For the purposes of this chapter:

(1) “Employee” means that term as defined by subdivision (d)
of Section 19815.

(2) “Civil service employee” means an employee legally holding
a position in the state civil service.

(3) “Exempt employee” means an employee who is exempt
from the state civil service by Section 4 of Article VII of the
California Constitution.

SEC. 95.  

Section 19775 of the Government Code is amended
to read:

19775.  

An employee who is granted a long-term military leave
of absence and who for a period of not less than one year
immediately prior to the effective date active duty begins has had
continuous state service as defined by begin delete Department of Human
Resources end delete rule which is not broken by a permanent separation
shall be entitled to receive his or her salary or compensation for
the first 30 calendar days of active duty served during the absence.

SEC. 96.  

Section 19775.1 of the Government Code is amended
to read:

19775.1.  

An employee who is granted a short-term military
leave of absence for active military duty, but not for inactive duty,
including, but not limited to, scheduled reserve drill periods, and
who for a period of not less than one year immediately prior to the
effective date of active duty has had continuous state service as
defined by begin delete Department of Human Resources end delete rule that is not broken
by a permanent separation, or who has had continuous state service
immediately prior to the effective date of active duty not broken
by a permanent separation and sufficient recognized military
service that need not be contiguous to equal one year shall be
entitled to receive his or her salary or compensation for the first
30 calendar days of active duty served during the absence.

An employee who is granted emergency military leave under
Section 19773, shall receive his or her salary or compensation as
a state employee while going to, engaging in, and returning from
the duty. The employee shall not receive his or her salary or
compensation for more than 30 days each time he or she is granted
the emergency military leave.

SEC. 97.  

Section 19775.8 of the Government Code is amended
to read:

19775.8.  

Except as provided in Section 19781, when any person
successfully completes part of an open or promotional examination
but is unable to complete all portions thereof because of entry into
recognized military service, the begin delete board end delete begin insert department or designated
appointing authority end insert shall arrange for him begin insert or her end insert to take such
uncompleted portion of the examination, providing application is
made not later than six months after his begin insert or her end insert release from military
service. Such right to complete an examination shall not continue
for longer than five years after the date of the examination.

If the applicant passes the examination, his begin insert or her end insert name shall
be placed on the eligible list that resulted from the original
examination as the list stands at the time his begin insert or her end insert name is placed
thereon, provided if his begin insert or her end insert rating is sufficiently high for his begin insert or
her end insert name to have been included on a certification to a permanent
position while he begin insert or she end insert was in the military service had his begin insert or her end insert
name been on the list when originally established, his begin insert or her end insert
eligibility shall be established, notwithstanding the removal of
names from the original list, pursuant to Section 18901. He begin insert or she end insert
shall retain his begin insert or her end insert place on such list for three years from the
termination of his begin insert or her end insert service with the armed forces. A name
thus retained on a list beyond the time other names are removed
from the list, pursuant to Section 18901, shall be removed if the
person refuses to accept appointment to a permanent position after
certification thereto subsequent to his begin insert or her end insert discharge from the
armed forces.

SEC. 98.  

Section 19775.9 of the Government Code is amended
to read:

19775.9.  

An individual on military leave from either a state
civil service position held under duration appointment, a position
held under an exempt appointment but included in the state civil
service prior to his begin insert or her end insert release from military service, or a
position in any federal or other public agency, the functions of
which were transferred to the state prior to his begin insert or her end insert release from
military service, who would be eligible for reinstatement or
restoration to his begin insert or her end insert position pursuant to Sections 19780 and
19782, shall be permitted to take any regular examination held
while he begin insert or she end insert was in the military service, or on military leave,
for the class in which he begin insert or she end insert had such appointment and for
which he begin insert or she end insert had the minimum qualifications required of
applicants when the examination originally was given, within five
years of the date of the original examination. The begin delete board end delete begin insert department
or designated appointing authority end insert shall arrange for him begin insert or her end insert to
take the identical examination if application is made not later than
six months after his begin insert or her end insert release from military service or six
months after the effective date thereof, whichever is later. If the
applicant passes the examination, his begin insert or her end insert name shall be placed
on the eligible list that resulted from the original examination as
the list stands at the time his begin insert or her end insert name is placed thereon. If his
begin insert or her end insert rating is sufficiently high for his begin insert or her end insert name to have been
included on a certification to a permanent position while he begin insert or she end insert
was in the military service had his begin insert or her end insert name been on the list
when originally established, his begin insert or her end insert eligibility shall be
established, notwithstanding the removal of names from the
original list pursuant to Section 18901. He begin insert or she end insert shall retain his
begin insert or her end insert place on such list for three years from the termination of
his begin insert or her end insert service with the armed forces or one year from the date
such eligibility is established, whichever is later, if his begin insert or her end insert rating
is sufficiently high for his begin insert or her end insert name to have been included on
a certification to a permanent position while he begin insert or she end insert was in
recognized military service had his begin insert or her end insert name been on the list
when originally established. A name thus retained on a list, beyond
the time other names are removed from the list pursuant to the
provisions of Section 18901, shall be removed if the person refuses
to accept appointment to a permanent position after certification
thereto subsequent to his begin insert or her end insert discharge from the armed forces.

SEC. 99.  

Section 19776 of the Government Code is amended
to read:

19776.  

If a promotional examination was held while an
employee was on military leave that he or she would otherwise
have been entitled to take, the employee shall be eligible to take
the identical promotional examination within five years of the date
of the original examination. The begin delete board end delete begin insert department or designated
appointing authority end insert shall arrange for him or her to take the
examination within a reasonable time, provided application is made
not later than six months after his or her reinstatement from military
leave. If the employee qualifies in the examination, his or her name
shall be placed on the open and promotional list that resulted from
the original examination, as the list stands at the time his or her
name is placed thereon. If his or her rating is sufficiently high for
his or her name to have been included on a certification to a
permanent position while he or she was in the military service had
his or her name been on the list when originally established, his
or her eligibility shall be established, notwithstanding the removal
of names from the original list pursuant to Section 18901. He or
she shall retain his begin insert or her end insert place on the list for three years from the
termination of his or her service with the armed forces or one year
from the date the eligibility is established, whichever is later. A
name thus retained on a list, beyond the time other names are
removed from the list pursuant to Section 18901, shall be removed
if the person refuses to accept appointment to a permanent position
after certification thereto subsequent to his or her discharge from
the armed forces, or if he or she resigns from state service.

SEC. 100.  

Section 19786 of the Government Code is amended
to read:

19786.  

(a) When a civil service employee has been reinstated
after military service in accordance with Section 19780, and any
question arises relative to his or her ability or inability for any
reason arising out of the military service to perform the duties of
the position to which he or she has been reinstated, the board shall,
upon the request of the appointing power or of the employee, hear
the matter and may on its own motion or at the request of either
party take any and all necessary testimony of every nature
necessary to a decision on the question.

(b) If the board finds that the employee is not able for any reason
arising out of the military service to carry out the usual duties of
the position he or she then holds, it shall order the employee placed
in a position in which the board finds he or she is capable of
performing the duties in the same class or a comparable class in
the same or any other state department, bureau, board, commission,
or office under this part and the rules begin delete of the board end delete covering transfer
of an employee from a position under the jurisdiction of one
appointing power to a position under the jurisdiction of another
appointing power, without the consent of the appointing powers,
where a vacancy may be made available to him or her under this
part and the rules begin delete of the board end delete , but in no event shall the transfer
constitute a promotion within the meaning of this part and the rules
begin delete of the board end delete .

(c) If a layoff is made necessary to place a civil service employee
in a position in the same class or a comparable class in accordance
with this section, the layoff shall be made under Section 19997.3,
provided that no civil service employee who was employed prior
to September 16, 1940, shall be laid off as a result of the placing
of an employee in the same class or a comparable class under this
section.

(d) The board may order the civil service employee reinstated
to the department, bureau, board, commission, or office from which
he or she was transferred either upon request of the employee or
the appointing power from which transferred. The reinstatement
may be made after a hearing as provided in this section if the board
finds that the employee is at the time of the hearing able to perform
the duties of the position.

SEC. 101.  

Section 19793 of the Government Code is amended
to read:

19793.  

By November 15 of each year, the begin delete State Personnel
Board end delete begin insert department end insert shall begin insert either end insert submit to the Governor, the
Legislature, and the Department of Finance a census report that
shall include demographic information on employees in the state
civil service begin delete , based upon the analysis of the data collected pursuant
to Section 19792. The report shall specifically include, but not be
limited to, identified underutilizations and, where warranted by
analysis of the underutilizations, steps taken to ensure equal
employment opportunity in the state civil service. The report shall
also include information to the Legislature on laws that
discriminate or have the effect of discriminating on the basis of
race, ethnicity, gender, and disability end delete begin insert collected pursuant to Section
19792 or post the data on its public Internet Web site end insert . The
Legislature shall evaluate the equal employment opportunity efforts
of state agencies during its evaluation of the Budget Bill.

SEC. 102.  

Section 19798 of the Government Code is amended
to read:

19798.  

In establishing order and subdivisions of layoff and
reemployment, the begin delete board end delete begin insert department end insert , when it finds past
discriminatory hiring practices, may authorize modification of the
order of layoff begin delete , in accordance with board rule, end delete only if failure to do
so begin delete by a department end delete would result in ineligibility for a federal
program with a loss of federal funds or if required by federal law
or the United States Constitution.

SEC. 103.  

Section 19800 of the Government Code is amended
to read:

19800.  

The begin delete State Personnel Board end delete begin insert Department of Human
Resources end insert is hereby vested with the jurisdiction and responsibility
of establishing and maintaining personnel standards on a merit
basis and administering merit systems for local government
agencies where such merit systems of employment are required
by statute begin insert or regulation end insert as a condition of a state-funded program
or a federal grant-in-aid program established under begin delete the following end delete
federal laws begin insert including, but not limited to end insert : Social Security Act, as
amended; the Public Health Service Act; and the Federal Civil
Defense Act, as amended.

SEC. 104.  

Section 19801 of the Government Code is amended
to read:

19801.  

For the purposes of administration of state or federally
supported programs under Section 19800, the begin delete State Personnel
Board end delete begin insert department end insert shall, by regulation, establish and maintain
personnel standards on a merit basis for local agencies (including
begin delete therein end delete standards of qualifications, competency, education,
experience, tenure, and compensation) necessary for proper and
efficient administration, and to assure state conformity with
applicable federal requirements.

SEC. 105.  

Section 19802 of the Government Code is amended
to read:

19802.  

Nothing in this chapter shall prevent any local agency
from establishing its own merit system and determining thereunder
the personnel standards to be applicable to its employees, but as
to employees engaged in administering state and federally
supported programs under Section 19800, such local systems and
standards shall be subject to approval and review by the begin delete board end delete
begin insert department end insert to the extent necessary to qualify for federal funds.

SEC. 106.  

Section 19802.5 of the Government Code is amended
to read:

19802.5.  

Notwithstanding begin delete the provisions of end delete Sections 19801
and 19803, and after the begin delete State Personnel Board end delete begin insert department end insert
approves the memorandum of understanding standards, the begin delete State
Personnel Board end delete begin insert department end insert may waive administration of all or
part of a local agency merit system where administration of merit
system standards, including, but not limited to, certification,
appointment and other transactions, layoff and reinstatement,
position classifications, compensation standards, and disciplinary
action are established pursuant to a legally binding memorandum
of understanding negotiated between the local agency governing
board and an employee organization recognized pursuant to
applicable law representing employees engaged in federally
supported programs under Section 19800. Upon request of the
local agency governing board and the recognized employee
organization, such waivers shall be granted on any or all standards
following determination by the begin delete State Personnel Board end delete begin insert department end insert
that the provisions of the memorandum of understanding maintain
merit system standards to the extent necessary to qualify for federal
funds. All merit system standards waivers shall be subject to
periodic audit, approval, or revocation by the begin delete State Personnel Board end delete
begin insert department end insert . Upon revocation of a waiver, the begin delete State Personnel
Board end delete begin insert department end insert may require any additional information as a
condition of waiver reinstatement.

SEC. 107.  

Section 19803 of the Government Code is amended
to read:

19803.  

The merit system for employees engaged in
administering programs under Section 19800 in a local agency not
administering its own merit system approved under this chapter
shall be administered by the begin delete board end delete begin insert department. The department
may delegate any of its duties under this article to a state
department or agency end insert . This may include, but is not limited to,
recruitment, examination, certification, appointment and other
transactions, position classification, compensation standards, and
disciplinary actions. As part of such administration, the begin delete board end delete
begin insert department end insert shall hear and decide appeals of any applicant for
employment or officer or employee from the decision of a local
agency begin delete or the board’s executive officer end delete affecting the employment
rights of such persons. Any decision rendered in such an appeal
shall be binding upon the local agency.

The begin delete board end delete begin insert department end insert may bill the state departments having
responsibility for the overall administration of grant-in-aid
programs for the costs incurred in conducting hearings involving
employees of local agencies not administering their own merit
systems pursuant to this chapter.

SEC. 108.  

Section 19804 of the Government Code is amended
to read:

19804.  

In the exercise of functions under this chapter, the begin delete board end delete
begin insert department end insert shall exercise no authority with respect to the selection,
tenure of office begin insert , end insert and compensation of any individual employed in
accordance with established standards.

SEC. 109.  

Section 19805 of the Government Code is amended
to read:

19805.  

The begin delete board end delete begin insert department end insert shall begin delete by regulation, end delete establish
and administer procedures, including provisions for investigations
and hearings, to determine whether a particular merit system is in
conformity with the standards established or approved by the begin delete board end delete
begin insert department end insert pursuant to Section 19801. In conducting any hearing
provided by such procedures, or in conducting an appeal hearing
under Section 19803, the begin delete board end delete begin insert department end insert shall have the same
authority as it does in conducting hearings pursuant to begin delete Sections
18671 to 18680, inclusive, of this code end delete begin insert Section 19815 end insert .

SEC. 110.  

Section 19806 of the Government Code is amended
to read:

19806.  

When the begin delete board end delete begin insert department end insert , after hearing, determines
that a local merit system is not in conformity with the established
standards, it shall notify such local agency and appropriate state
officer in writing of its decision. If the governing body of the local
agency does not bring the system into conformity within 60 days
of notification of the begin delete board’s end delete begin insert department’s end insert decision, or within such
longer period as the begin delete board end delete begin insert department end insert determines, the begin delete board end delete
begin insert department end insert shall certify to the state officer having responsibility
for the overall administration of the program, pursuant to which
the grant-in-aid requiring such merit system was made, that the
particular merit system is not in conformity with established
standards.

SEC. 111.  

Section 19807 of the Government Code is amended
to read:

19807.  

Notwithstanding any other begin delete provisions of end delete law, upon
receiving certification of the begin delete board end delete begin insert department end insert , pursuant to Section
19806, the appropriate state officer shall take such action against
the local agency as permitted by law or as necessary to obtain
compliance without an additional administrative hearing being
held by such officer.

SEC. 112.  

Section 19808 of the Government Code is amended
to read:

19808.  

Local agencies shall provide such information and
reports relating to merit system administration as are required by
the begin delete board end delete begin insert department end insert .

SEC. 113.  

Section 19809 of the Government Code is amended
to read:

19809.  

State departments having responsibility for the overall
administration of grant-in-aid programs under Section 19800 shall
reimburse the begin delete board end delete begin insert department end insert for all costs incurred by the begin delete board end delete
begin insert department end insert in administering this chapter. The begin delete board end delete begin insert department end insert
may equitably prorate such costs among such departments.

SEC. 114.  

Section 19811 is added to the Government Code,
to read:

19811.  

(a) To the extent that any regulations adopted to make
specific or to carry out the provisions of this article are in conflict
with the amendments made to this article or become outdated at
any time due to a change in federal or state program requirements,
the regulations shall be repealed.

(b) The Legislature further finds and declares that regulations
interpreting and making specific this article are only necessary if
the regulations are required by federal law.

(c) Requirements imposed on local agencies pursuant to this
article shall not be considered regulations or standards of general
application and shall not impose any duty on the department to
adopt regulations.

SEC. 115.  

Section 19815 of the Government Code is amended
to read:

19815.  

As used in this part:

(a) “Department” means the Department of begin delete Personnel
Administration end delete begin insert Human Resources end insert .

(b) “Director” means the Director of the Department of
begin delete Personnel Administration end delete begin insert Human Resources end insert .

(c) “Division” means the Division of Labor Relations.

(d) “Employee” or “state employee,” except where otherwise
indicated, means employees subject to the Ralph C. Dills Act
(Chapter 10.3 (commencing with Section 3512), Division 4, Title
1), supervisory employees as defined in subdivision (g) of Section
3513, managerial employees as defined in subdivision (e) of
Section 3513, confidential employees as defined in subdivision
(f) of Section 3513, employees of the Legislative Counsel Bureau,
employees of the Bureau of State Audits, employees of the office
of the Inspector General, employees of the Public Employment
Relations Board, conciliators employed by the California State
Mediation and Conciliation Service, employees of the Department
of begin delete Personnel Administration end delete begin insert Human Resources end insert , professional
employees of the Department of Finance engaged in technical or
analytical state budget preparation other than audit staff,
intermittent athletic inspectors who are employees of the State
Athletic Commission, professional employees in the
Personnel/Payroll Services Division of the Controller’s office begin insert , end insert and
all employees of the executive branch of government who are not
elected to office.

SEC. 116.  

Section 19815.4 of the Government Code is amended
to read:

19815.4.  

The director shall do all of the following:

(a) Be responsible for the management of the department.

(b) Administer and enforce the laws pertaining to personnel.

(c) Observe and report to the Governor on the conditions of begin delete the
nonmerit aspects of personnel end delete begin insert all matters in the jurisdiction of the
department end insert .

(d) Formulate, adopt, amend, or repeal rules, regulations, and
general policies affecting the purposes, responsibilities, and
jurisdiction of the department begin delete and that are consistent with the law
and necessary for personnel administration end delete begin insert pursuant to procedures
established by Chapter 4 (commencing with section 18210) of Part
1 end insert .

All regulations relating to personnel administration heretofore
adopted pursuant to this part begin delete by the State Personnel Board,
California Victim Compensation and Government Claims Board,
Department of General Services, and the Department of Finance end delete ,
and in effect on the operative date of this part, shall remain in
effect and shall be fully enforceable unless and until readopted,
amended, or repealed by the director.

(e) Hold hearings, subpoena witnesses, administer oaths, and
conduct investigations concerning all matters relating to the
department’s jurisdiction.

(f) Act on behalf of the department and delegate powers to any
authorized representative.

(g) Serve as the Governor’s designated representative pursuant
to Section 3517.

(h) Perform any other duties that may be prescribed by law, and
any other administrative and executive duties that have by other
begin delete provisions of end delete law been previously imposed.

SEC. 117.  

Section 19815.6 of the Government Code is amended
to read:

19815.6.  

(a) Notwithstanding the provisions of Sections 11042
and 11043, the chief counsel shall represent the department in all
legal matters in which the department is interested, before any
administrative agency or court of law.

(b) The department may charge state agencies and departments
for the actual and necessary costs of legal services rendered by the
legal division in unfair practice cases, representation cases, and
requests for injunctive relief arising pursuant to Chapter 10.3
(commencing with Section 3512) of Division 4 of Title 1, in
grievance arbitration cases arising under negotiated memoranda
of understanding, and in all labor law and begin delete nonmerit end delete personnel
matters begin delete in state and federal courts end delete .

(c) In grievance arbitration cases arising pursuant to memoranda
of understanding negotiated pursuant to Sections 3517 and 3517.5,
the department may charge state agencies involved for the actual
and necessary costs of arbitration, including the state’s share of
the arbitrator’s fees, transcription fees, and other related costs.

(d) The department may charge state agencies for their pro rata
share of the actual and necessary costs of negotiating and
administering memoranda of understanding pursuant to Sections
3517 and 3517.5.

SEC. 118.  

Section 19816 of the Government Code is repealed.

begin delete

19816.  

(a) Except as provided by Section 19816.2, the
department succeeds to and is vested with the duties, purposes,
responsibilities, and jurisdiction exercised by the State Personnel
Board with respect to the administration of salaries, hours, and
other personnel-related matters, training, performance evaluations,
and layoffs and grievances.

(b) The department succeeds to and is vested with the duties,
purposes, responsibilities, and jurisdiction exercised by the
California Victim Compensation and Government Claims Board
and the Department of General Services with respect to the
administration of miscellaneous employee entitlements.

(c) The department succeeds to and is vested with the duties,
purposes, responsibilities, and jurisdiction exercised by the
Department of Finance with respect to the administration of salaries
of employees exempt from civil service and within range salary
adjustments.

end delete

SEC. 119.  

Section 19816.6 of the Government Code is amended
to read:

19816.6.  

All officers and employees of the State Personnel
Board and the begin delete department end delete begin insert Department of Personnel Administration end insert ,
who, on the operative date of this part, are serving in the state civil
service, other than as temporary employees, and engaged in the
performance of a function vested in the department begin delete by Section
19816 end delete shall be transferred to the department. The status, positions,
and rights of these persons shall not be affected by the transfer and
shall be retained by them as officers and employees of the
department pursuant to the State Civil Service Act, except as to
positions exempt from civil service.

SEC. 120.  

Section 19816.12 of the Government Code is
amended to read:

19816.12.  

The department shall establish and maintain in
suitable form an official roster of all persons holding positions
under this part and enter thereupon their names, complete record
of state employment, and other facts prescribed by begin delete board end delete rule.

SEC. 121.  

Section 19818.2 of the Government Code is
repealed.

begin delete

19818.2.  

The department shall have possession and control of
all records, papers, offices, equipment, supplies, moneys, funds,
appropriations, land, and other property, real or personal, held for
the benefit or use by the State Personnel Board in the performance
of the duties, powers, purposes, responsibilities, and jurisdictions
that are vested in the department by Section 19818.

end delete

SEC. 122.  

Section 19818.4 of the Government Code is
repealed.

begin delete

19818.4.  

All officers and employees of the State Personnel
Board, who, on the effective date of this article, are serving in the
state civil service, other than as temporary employees, and engaged
in the performance of a function vested in the department by
Section 19818 shall be transferred to the department.

end delete

SEC. 123.  

Section 19818.14 of the Government Code is
amended to read:

19818.14.  

The department may designate an appointing power
to allocate positions to the Personnel Classification Plan in
accordance with Section 19818.6 and department rule. The
department may audit position allocations begin delete and order corrective
action. Any corrective action including the reallocation of a
position that impacts an incumbent shall be reported promptly to
the State Personnel Board which shall determine the status of the
probationary or permanent employee affected end delete . begin insert If the department
finds that an appointing power has allocated positions
inappropriately, the department may order corrective action,
including, but not limited to, reallocating positions, voiding lawful
personal transactions, and revoking or restricting the appointing
power’s ability to allocate positions. If an appointing power’s
allocation authority is revoked, the Department of Finance may
transfer a sufficient number of personnel from the appointing
power to the department to perform the previously delegated work. end insert

SEC. 124.  

Section 19822.5 of the Government Code is amended
to read:

19822.5.  

The department shall by rule authorize such
expenditures as are reasonably necessary for the meals, lodging,
or travel of persons who provide nonsalaried assistance to the begin delete State
Personnel Board end delete begin insert department end insert or a designated appointing power in
the preparation or conduct of written or oral examinations.

SEC. 125.  

Section 19822.7 of the Government Code is amended
to read:

19822.7.  

(a) There is hereby created in the State Treasury the
Work and Family Fund to which funds shall be allocated from the
amount negotiated in memoranda of understanding between the
state and the recognized employee organization, as defined in
Section 3513, and appropriated by the Legislature, for the 2000-01
fiscal year and subsequent fiscal years.

(b) The fund shall be used to establish and maintain work and
family programs for state employees. These programs may include,
but are not limited to, financial assistance to aid in the development
of child care centers administered by either nonprofit corporations
formed by state employees or child care providers, or to provide
grants, subsidies, or both grants and subsidies for child care and
elder care. Other programs may include enhancement or
supplementation of existing employee assistance program services
and other work and family programs.

(c) The fund shall be administered by the Department of
begin delete Personnel Administration end delete begin insert Human Resources end insert . The amounts to be
allocated and expended from funds available for compensation
shall be determined by the department.

(d) Notwithstanding Section 13340, begin delete funds in end delete the fund shall be
available for expenditure without regard to fiscal years through
June 30, 2005. As of June 30, 2005, the fund shall cease to exist
and any balance in the fund shall revert to the General Fund, unless
the existence of the fund is extended by statute and that statute is
enacted and becomes effective prior to June 30, 2005.

SEC. 126.  

Section 19889 of the Government Code is amended
to read:

19889.  

It is the purpose of this article to encourage the
development and effective use in the civil service of well-qualified
and carefully selected executives. In order to carry out this purpose
the State Personnel Board shall establish begin delete by rule a system of merit
personnel administration specifically suited to the selection and
placement of executive personnel end delete begin insert rules for competitive
examinations of candidates for the classification of career executive
assignment end insert . The department begin insert or a designated appointing authority end insert
shall be responsible for begin insert conducting examinations, end insert salary
administration, position classification, and for the motivation and
training of executive personnel. begin delete For the purpose of administering
this system there is established herewith a category of civil service
appointment called “career executive assignments.” The department
shall designate positions of a high administrative and policy
influencing character for inclusion in or removal from this category
subject to review by the State Personnel Board, except that the
department shall not so designate a position in which there is an
incumbent already appointed under the provisions of this part
governing employees other than career executives. end delete

SEC. 127.  

Section 19889.2 of the Government Code is amended
to read:

19889.2.  

The provisions of this part governing the selection,
classification, and tenure of employees in the regular civil service
shall not apply begin delete in administering executive personnel through a
merit system utilizing “career executive assignments” unless the
application is provided by State Personnel Board rule end delete begin insert to employees
in the case of career executive assignment except as provided by
this article end insert . The provisions of begin delete this part end delete begin insert Chapter 7 (commencing
with Section 19570) of Part 2 end insert relating to begin delete punitive end delete begin insert adverse end insert actions
shall apply to employees serving in career executive assignments,
except that termination of a career executive assignment as
provided for in Section 19889.3 is not begin delete a punitive end delete begin insert an adverse end insert action.
With reference to termination of career executive assignments, the
State Personnel Board rules shall, as a minimum, afford an
employee a right of appeal to the State Personnel Board for
restoration of his or her assignment when he or she alleges that
his or her termination was for reasons prohibited in Chapter 10
(commencing with Section 19680) of Part 2.

SEC. 128.  

Section 19889.3 of the Government Code is amended
to read:

19889.3.  

(a) Eligibility for appointment begin delete to positions in end delete the
begin insert class of end insert career executive begin delete assignment end delete category shall be begin delete established
as a result of competitive examination of end delete begin insert limited to end insert persons with
permanent status in the civil service who meet begin delete such end delete begin insert the end insert minimum
qualifications begin delete as the State Personnel Board may determine are
requisite to the performance of high administrative and policy
influencing functions end delete begin insert established for the class end insert .

(b) No person employed in a career executive assignment shall
be deemed to acquire as a result of begin delete such end delete begin insert that end insert service any rights to
or status in positions governed by the provisions of this part relating
to the civil service other than the category of career executive
assignment, except as provided by begin delete State Personnel Board end delete rule.

(c)  begin delete The State Personnel Board shall provide by rule that an
employee shall, if he or she so desires, end delete begin insert Anyone appointed to the
classification of career executive assignment shall, end insert at the
termination of his or her appointment to a career executive
assignment, be reinstated to a civil service position that is (1) not
a career executive assignment and (2) that is at least at the same
salary level as the last position that he or she held as a permanent
or probationary employee. If the employee has completed a
minimum of five years of state service, he or she may return to a
position that is (1) at substantially the same salary level as the last
position in which he or she had permanent or probationary status
or (2) at a salary level that is at least two steps lower than that of
the career executive position from which the employee is being
terminated.

(d) For the purpose of this section “employee” means a
permanent employee, or an employee serving under another
appointment who previously had permanent status and who, since
such permanent status, has had no break in the continuity of his
or her state service.

(e) This section shall become operative on January 1, 2013.

SEC. 129.  

Section 19889.4 of the Government Code is
repealed.

begin delete

19889.4.  

Notwithstanding any other provision of law, any
person who, prior to March 30, 1977, was reinstated to a career
executive assignment position, or appointed to an exempt position,
after a break in service, and who held such position on May 31,
1977, shall upon termination of such career executive assignment
or exempt position have the right to return to the last regular civil
service position in which the person had permanent status prior to
such a break in service.

end delete

SEC. 130.  

Section 13601 of the Penal Code is amended to read:

13601.  

(a) The CPOST shall develop, approve, and monitor
standards for the selection and training of state correctional peace
officer apprentices. begin delete Any standard for selection established under
this subdivision shall be subject to approval by the State Personnel
Board. Using the psychological and screening standards established
by the State Personnel Board, the State Personnel Board or end delete begin insert The
Department of Human Resources or end insert the Department of Corrections
and Rehabilitation shall ensure that, prior to training, each applicant
who has otherwise qualified in all physical and other testing
requirements to be a peace officer in either a youth or adult
correctional facility, is determined to be free from emotional or
mental conditions that might adversely affect the exercise of his
or her duties and powers as a peace officer begin insert pursuant to the
standards developed by CPOST end insert .

(b) The CPOST may approve standards for a course in the
carrying and use of firearms for correctional peace officers that is
different from that prescribed pursuant to Section 832. The
standards shall take into consideration the different circumstances
presented within the institutional setting from that presented to
other law enforcement agencies outside the correctional setting.

(c) Notwithstanding Section 3078 of the Labor Code, the length
of the probationary period for correctional peace officer apprentices
shall be determined by the CPOST subject to approval by the State
Personnel Board, pursuant to Section 19170 of the Government
Code.

(d) The CPOST shall develop, approve, and monitor standards
for advanced rank-and-file and supervisory state correctional peace
officer and training programs for the Department of Corrections
and Rehabilitation. When a correctional peace officer is promoted
within the department, he or she shall be provided with and be
required to complete these secondary training experiences.

(e) The CPOST shall develop, approve, and monitor standards
for the training of state correctional peace officers in the department
in the handling of stress associated with their duties.

(f) Toward the accomplishment of the objectives of this act, the
CPOST may confer with, and may avail itself of the assistance
and recommendations of, other state and local agencies, boards,
or commissions.

(g) Notwithstanding the authority of the CPOST, the department
shall design and deliver training programs, shall conduct validation
studies, and shall provide program support. The CPOST shall
monitor program compliance by the department.

(h) The CPOST may disapprove any training courses created
by the department pursuant to the standards developed by CPOST
if it determines that the courses do not meet the prescribed
standards.

(i) The CPOST shall annually submit an estimate of costs to
conduct those inquiries and audits as may be necessary to determine
whether the department and each of its institutions and parole
regions are adhering to the standards developed by the CPOST,
and shall conduct those inquiries and audits consistent with the
annual Budget Act.

(j) The CPOST shall establish and implement procedures for
reviewing and issuing decisions concerning complaints or
recommendations from interested parties regarding the CPOST
rules, regulations, standards, or decisions.

(k) This section shall become operative July 1, 2012.