BILL NUMBER: AB 1062 INTRODUCED
BILL TEXT
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 an assessment
a language survey and develop and update an implementation
plan that complies with the requirements of this chapter.
(b) Each agency shall conduct a language survey of each
of its local offices every two years to determine and provide
all of the following:
(1) The name, position, and contact information of the employee
designated by the agency responsible for complying with this chapter.
(1)
(2) The number of public contact positions in each
local office.
(2)
(3) The number of qualified bilingual employees in
public contact positions in each local office, and the languages they
speak, other than English.
(3)
(4) The number and percentage of non-English-speaking
people served by each local office, broken down by native language.
(4)
(5) The number of anticipated vacancies in public
contact positions.
(5)
(6) 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.
(6)
(7) 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.
(7)
(8) A list of materials identified in paragraph
(6) (7) that have been translated and
languages into which they have been translated.
(8)
(9) The number of additional qualified bilingual public
contact staff, if any, needed at each local office to comply with
this chapter.
(9) Any other relevant information requested by the Department of
Human Resources.
(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.
(10) A detailed description of the agency's procedures for
identifying written materials that are required to be translated.
(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.
(12) A detailed description of the agency's procedures for
identifying language needs at local offices and assigning qualified
bilingual staff to those offices.
(13) A detailed description of how the agency recruits qualified
bilingual staff in local offices.
(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.
(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.
(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.
(17) Any other relevant information requested by the Department of
Human Resources.
The
(c) The language 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 beginning with 2008 .
(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.
(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.
(e) In developing its implementation plan in 2003
, each state agency may rely upon data gathered from its
2002 most recent language 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 department Department of
Human Resources shall review each implementation
plan, and, if it determines that the implementation 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 years
survey cycles , 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 basic minimum
procedural requirements for the adoption, amendment, or repeal of
board regulations of the State Personnel
Board and the Department of Human Resources . 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 and
the Department of Human Resources 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 or the department 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
provision of law to a particular set of facts.
(c) A rule relating only to the internal management of the board
or the department that does not in itself significantly
affect the rights, privileges, or duties of state agencies,
state employees, state employees 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.
(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.
(f) Instructions, guidelines, manuals, and forms that implement
board or department rules.
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 by either the
board or the department concerning all matters not specified in
Section 18213, 18215, or 18216.
(b) The board or the department shall prepare and
submit to the Office of Administrative Law for publication in the
California Regulatory Notice Register , 30 days
prior to board before taking action ,
a notice of the proposed action.
(c) The board or the department shall mail
distribute a notice of the proposed action
, 30 days prior to board before taking
action , 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 or the department shall do all of the
following:
(1) Provide opportunity for written comment to the board or
the department , and oral comment at board meetings or
hearings a duly noticed public meeting or hearing
.
(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 in accordance with
pursuant to 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, and
disciplinary actions , and other matters related to the board's
authority under Article VII of the Californi a
Constitution . 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) Nothing in this This section
limits shall not limit 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 a position in
a different class that has substantially the same level of
duties, responsibility, and salary , as determined by board
rule, as the employee's current class 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 provided in
this part and by board rule .
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 provided in this part and by board rule
.
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 board rule, are granted eligiblity
eligibility 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 and
other state governmental units designated by the board .
(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.
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.
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, 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." and Coast Guard.
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 board rules.
SEC. 16. Section 18547 of the Government Code is repealed.
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.
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. (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.
(b)
(a) (1) The appointing power shall provide service of
the following actions by personal service or by certified
mail with return receipt requested 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.
(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:
(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.
(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.
(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.
(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.
(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:
(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.
(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.
(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.
(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:
"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)."
(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.
(B) A proof of service made in accordance with Section 1013a of
the Code of Civil Procedure complies with this paragraph.
(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.
(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.
(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.
(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.
(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).
(c) Service of all other documents shall be made as prescribed by
rule.
(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.
SEC. 19. Section 18577 of the Government Code is amended to read:
18577. Whenever this part refers to "board
" rule," "rules of the board ," or
makes similar reference, such reference authorizes the board or
the department to make rules concerning the subject matter
concerning which such reference is made.
SEC. 20. Section 18652 of the Government Code is repealed.
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.
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
or her by it.
Any power, duty, purpose, function, or jurisdiction which
that 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 or her
subordinates or to an appointing power he or she
designates, unless by board rule or express provision of law he
or she 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 under rules of the board and rules
, 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 or
the department is employed by the State in some other
capacity, it is a part of his or her official duties to
serve without additional compensation other than his or her
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
remedies including, but not limited to, any or all of the
following remedies :
(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. (a) 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.
(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.
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 petition
appeal . 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 petition
appeal to the decision of the board shall not exceed six months
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 .
(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.
(d)
(c) The provisions described in subdivision (b)
relating to the six-month or the 90-day periods
period 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.
(e)
(d) The board may order all of, or a portion of, any
hearing to be conducted using electronic media pursuant to board
rules.
(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.
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. Such a That
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 and the service provisions of subdivisions (a) and
(b) of Section 68097.1 of the Government Code . 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. 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.
(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 subpena subpoena
to secure the attendance of such a witness
those witnesses shall receive the same mileage as for the
service by him of a writ or paper for the State
state . Such The 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 subpenaed subpoenaed
by a State state agency or its
representative, the Controller shall draw his warrant for payment of
fees and mileage when the amount is certified by the board
or the person authorized to conduct the hearing or investigation and
duly proved by affidavit or otherwise to the satisfaction
of the Controller. The Controller may charge such warrant against any
proper fund of that State state
agency. If a witness is subpenaed subpoenaed
by the accused or any person other than a State
state agency, his fees and mileage shall be paid
by that person and are not proper charges against any State
state 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
is has been granted use and derivative
use, or transactional immunity by the appropriate law
enforcement authority .
SEC. 30. Section 18681 of the Government Code is amended to read:
18681. Whenever any matter is pending before the
Personnel Board board 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 Personnel Board
board and in connection with which it is holding
a hearing, requests that the board make findings, then the board
shall make findings if such the 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 board rules relating to
transfer, demotion , or promotion.
SEC. 33. Section 18807 of the Government Code is repealed.
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.
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 board
rule.
(b) Notwithstanding subdivision (a), the board
The department 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 chapter
part , "designated appointing power" means an appointing power
designated by the executive officer pursuant to Section
18654 department under Section 18930.5 .
SEC. 36. Section 18900.6 of the Government Code is amended to
read:
18900.6. (a) The board department
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 the
legal standards outlined in the State Personnel Board
selection manual .
(2) The class is used on a service wide
servicewide 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 board department 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 board department . The
general reemployment list may also contain the names of persons
placed thereon by the board department
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.
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 The department may
audit examinations and order corrective action , including
withdrawing or limiting the authority previously exercised by the
designated appointing authority, 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. (a) The board shall establish
minimum qualifications for determining the fitness and qualifications
of employees for each class of position ; 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 . The depar tment may require
applicants for examination or appointment to provide documentation
as it deems necessary to establish the applicants' qualifications.
(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.
SEC. 40. Section 18933 of the Government Code is amended to read:
18933. (a) Within a reasonable time before the scheduled date,
the board department or a designated
appointing power shall announce or advertise examinations for the
establishment of eligible lists. The announcement shall
contain information concerning include 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 board
department deems proper.
(b) The board department 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 a
formal signed an application in the
office of with the department or a designated
appointing power within a reasonable length of time before
the date of examination. Blank application forms shall be furnished
without charge to all persons requesting them. as
directed in the examination announcement. Applications
shall be accepted free of any charge to the applicant. Such
applications when filed and all other examination materials,
including examination questions and booklets
any written material , are the property of the department and
are confidential records not open to inspection
only if and as provided by rule except as provided by
law .
The application form shall include a place for
listing volunteer experience and such experience shall be considered
if it is relevant to the position being applied for . Each
form shall have prominently displayed on its face the fact
and shall state that relevant volunteer
experience will be given consideration as qualifying experience for
state employment.
SEC. 42. Section 18935 of the Government Code is repealed.
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.
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 board
department 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 board department 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 board
department 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
board department 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 or designated appointing power
shall provide for the inspection of examination papers for all
written test competitors.
SEC. 47. Section 18940 of the Government Code is repealed.
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.
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.
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.
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 board
department or designated appointing power , open
competition will produce eligible lists with more highly skilled
qualified candidates and is consistent with the best interests of the
state.
The board department 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 board department 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 provision of the
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 State Personnel Board department .
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
by the board 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 , department, 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 State state
services or employments as determined by the board
department , 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 board
department and designated appointing authority
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 or designated appointing power conducting the
employment examination. The procedures and time of filing the request
shall be subject to rules promulgated by the State
Personnel Board department , 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 board 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.
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.
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 by the board 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
utilized used by, the Department of the
California Highway Patrol for its peace officer classes.
The department may , consistent with board rules,
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 by the board 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 , inclusive . The third rank
shall consist of eligibles who receive a score of 85 to 89 percent
, inclusive . The fourth rank shall consist of eligibles
who receive a score of 80 to 84 percent , inclusive . The
fifth rank shall consist of eligibles who receive a score of 75 to 79
percent , inclusive . The sixth rank shall consist of
eligibles who receive a score of 70 to 74 percent , inclusive
. 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.
In accordance with board rule, fractional examination scores shall
be provided to the appointing power upon his or her request.
The board department may by
rule provide for certifying certify 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
board department , 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 , as
such, 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 board department may
establish rules specifying minimum service and
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 board by rule department
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 board may by rule provide for establishment
of department or a designated appointing authority may
establish 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 board
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
in accordance with board pursuant to
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
board 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. The State
Personnel Board may adopt rules to implement this section.
(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 board
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 board
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) The By rule, the board may
provide by rule for either of the following :
(1) Increasing Increase
the length of individual probationary periods by adding
thereto periods of time during which
to any periods of time an employee, while serving as a
probationer, is absent from his or her position.
(2) Requiring Require an additional
probationary period not to exceed the length of the
original probationary period of the class in
which the probationer was appointed when a
the 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 board department finds that an
emergency exists in connection with the national defense, the
board may provide by rule for a system of
department may authorize duration examinations and employments
and the conditions attached thereto, in those
classes in which the best interests of the State
state would be served during such war or emergency. Within
not less than three months, or more than one year, after the
board department finds that
for the purpose of this section there is no longer an
emergency, all duration employments shall be terminated in such order
as the board department deems
appropriate.
SEC. 73. Section 19253 of the Government Code is amended to read:
19253. Subject to approval by the board
department, 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
board department 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) In accordance with board rule, the
An 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 such the
appointment would not have been made but for some mistake of
law or fact which that if known to the
parties would have rendered the appointment unlawful when made, the
board department may declare the
appointment void from the beginning if such
the 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 aid the
implementation of affirmative action programs in state agencies and
departments by creating establish and maintain
an effective upward mobility program for state employees
concentrated in low-paying occupations. An upward mobility
program is one in which career opportunities are developed ,
and published and assistance is
provided which will allow employees in low-paying occupations to
develop and advance to their highest potential. 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.
SEC. 77. Section 19401 of the Government Code is amended to read:
19401. All departments and agencies
appointing authorities of state government shall establish an
effective program of upward mobility for employees in low
paying low- paying occupational
groups , as defined by the State Personnel Board .
In developing their upward mobility programs, departments
and agencies appointing authorities shall
endeavor to provide, to the greatest extent possible, the following
opportunities for employees who meet criteria established by the
department or agency appointing authority
, demonstrate the aptitude or potential for advancement, and
wish to participate in:
(a) Career counseling utilizing using
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 low paying low-paying
occupational groups to entry-level technical, professional, and
administrative positions, and the timeframe within which this
progress shall occur. The State Personnel Board
Department of Human Resources shall be responsible for
approving each department's annual upward mobility goals and
timetables.
Any department or agency of state government
appointing authority that determines that it will be
unable to achieve the goals may request the board
ask the department for a reduction in the goals. If the
board department determines that the
department or agency appointing authority
has not made a good faith effort to achieve the goals, the
board department 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 State Personnel Board
department shall, in cooperation with departments
appointing authorities , establish bridging
classifications and career ladders to provide upward mobility from
jobs in low paying low-paying
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 State Personnel Board
department shall annually submit a report to the Legislature on
the performance of each department
appointing authority and agency in state government in meeting
its obligations under this article.
SEC. 81. Section 19406 of the Government Code is repealed.
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.
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
the respondent's refusal so far as known to the
petitioner.
(b) The petition shall be served upon the 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 15
90 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 filed by the board as a public record and
furnished by the board to each party within 10 days after
the board has adopted, modified, rejected, or remanded the
proposed decision is filed with the board .
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.
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.
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 60 90 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 60-day
90-day 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 , with approval of the board,
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
approved by the board and conducted by the department
, or another appointed authority under
its supervision, 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. No An action or proceeding
shall not 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, or the
administration thereof, 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 first arose. Where an appeal is taken from
Any petition for a writ challenging a decision
of the board, the cause of action does not arise until
board shall be filed within six months of the date of
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
board 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 board 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 ,
or to be examined or certified under this part or board
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, the department, 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 board
by 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 board department
notifies an officer or employee that any position has been filled in
violation of this part or board 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
, or other emolument to any person holding a position in
the State state civil service in
violation of this part or board 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 are is
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 State state , in
the name of the people of the State state
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 State
state .
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. 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).
(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)
(b) 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 Department of Human Resources
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 Department of Human Resources 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 board
department or designated appointing authority shall arrange for
him or her to take such uncompleted portion of the
examination, providing application is made not later than six months
after his or her 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 or her
name shall be placed on the eligible list that resulted from the
original examination as the list stands at the time his or her
name is placed thereon, provided 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 or her place on such
list for three years from the termination of his or her
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
or her 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 or her 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 or her
release from military service, who would be eligible for
reinstatement or restoration to his or her position
pursuant to Sections 19780 and 19782, shall be permitted to take any
regular examination held while he or she was in the
military service, or on military leave, for the class in which he
or she had such appointment and for which he or she
had the minimum qualifications required of applicants when the
examination originally was given, within five years of the date of
the original examination. The board department
or designated appointing authority shall arrange for him
or her to take the identical examination if application is made
not later than six months after his or her release from
military service or six months after the effective date thereof,
whichever is later. If the applicant passes the examination, his
or her name shall be placed on the eligible 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 or her place on such
list for three years from the termination of his or her
service with the armed forces or one year from the date such
eligibility is established, whichever is later, 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 recognized military service had his
or her 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 or her
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 board
department or designated appointing authority 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 or her 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 of the
board 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 of the board
, but in no event shall the transfer constitute a promotion within
the meaning of this part and the rules of the board
.
(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 State Personnel
Board department shall either 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 , 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 collected pursuant to Section 19792 or
post the data on its public Internet Web site . 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 board department ,
when it finds past discriminatory hiring practices, may authorize
modification of the order of layoff , in accordance with
board rule, only if failure to do so by a
department 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 State Personnel Board
Department of Human Resources 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 or regulation as a condition of a
state-funded program or a federal grant-in-aid program established
under the following federal laws including,
but not limited to : 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 State Personnel
Board department shall, by regulation, establish
and maintain personnel standards on a merit basis for local agencies
(including therein 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 board
department 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 the provisions of
Sections 19801 and 19803, and after the State Personnel
Board department approves the memorandum of
understanding standards, the State Personnel Board
department 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 State
Personnel Board department 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 State Personnel Board
department . Upon revocation of a waiver, the State
Personnel Board department 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 board department. The department may
delegate any of its duties under this article to a state department
or agency . 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
board department shall hear and decide appeals
of any applicant for employment or officer or employee from the
decision of a local agency or the board's executive officer
affecting the employment rights of such persons. Any
decision rendered in such an appeal shall be binding upon the local
agency.
The board department 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
board department shall exercise no
authority with respect to the selection, tenure of office ,
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 board department shall
by regulation, 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 board
department pursuant to Section 19801. In conducting any
hearing provided by such procedures, or in conducting an appeal
hearing under Section 19803, the board
department shall have the same authority as it does in
conducting hearings pursuant to Sections 18671 to 18680,
inclusive, of this code Section 19815 .
SEC. 110. Section 19806 of the Government Code is amended to read:
19806. When the board department ,
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 board's
department's decision, or within such longer
period as the board department
determines, the board department 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 provisions of
law, upon receiving certification of the board
department , 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
board
department .
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 board department for all
costs incurred by the board department
in administering this chapter. The board
department 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 Personnel
Administration Human Resources .
(b) "Director" means the Director of the Department of
Personnel Administration Human Resources .
(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 Personnel Administration
Human Resources , 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 , 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
the nonmerit aspects of personnel all matters
in the jurisdiction of the department .
(d) Formulate, adopt, amend, or repeal rules, regulations, and
general policies affecting the purposes, responsibilities, and
jurisdiction of the department and that are consistent with
the law and necessary for personnel administration
pursuant to procedures established by Chapter 4 (commencing with
section 18210) of Part 1 .
All regulations relating to personnel administration heretofore
adopted pursuant to this part by the State Personnel Board,
California Victim Compensation and Government Claims Board,
Department of General Services, and the Department of Finance
, 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
provisions of 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 nonmerit
personnel matters in state and federal courts .
(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.
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.
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 department Department of Personnel
Administration , 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 by Section 19816 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 board
rule.
SEC. 121. Section 19818.2 of the Government Code is repealed.
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.
SEC. 122. Section 19818.4 of the Government Code is repealed.
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.
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 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 . 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.
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 State
Personnel Board department 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
Personnel Administration Human Resources . The
amounts to be allocated and expended from funds available for
compensation shall be determined by the department.
(d) Notwithstanding Section 13340, funds in 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 by rule a system
of merit personnel administration specifically suited to the
selection and placement of executive personnel rules
for competitive examinations of candidates for the classification of
career executive assignment . The department or a
designated appointing authority shall be responsible for
conducting examinations, salary administration, position
classification, and for the motivation and training of executive
personnel. 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.
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 in administering executive personnel through
a merit system utilizing "career executive assignments" unless the
application is provided by State Personnel Board rule
to employees in the case of career executive assignment except as
provided by this article . The provisions of this part
Chapter 7 (commencing with Section 19570)
of Part 2 relating to punitive adverse
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 a punitive
an adverse 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 to positions in
the class of career executive
assignment category shall be established as a
result of competitive examination of limited to
persons with permanent status in the civil service who meet
such the minimum qualifications as the
State Personnel Board may determine are requisite to the performance
of high administrative and policy influencing functions
established for the class .
(b) No person employed in a career executive assignment shall be
deemed to acquire as a result of such that
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
State Personnel Board rule.
(c) The State Personnel Board shall provide by rule that
an employee shall, if he or she so desires, Anyone
appointed to the classification of career executive assignment shall,
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.
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.
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. 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 The Department of Human Resources or 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
pursuant to the standards developed by CPOST .
(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.