Amended in Assembly August 24, 2015

Senate BillNo. 99


Introduced by Committee on Budget and Fiscal Review

January 9, 2015


An actbegin delete relating to the Budget Act of 2015.end deletebegin insert to amend Sections 18546, 18990, 18991, 18992, 18993, 19057.1, 19057.3, 19889, 19889.2, and 19889.3 of, to add Section 19889.4 to, and to repeal Sections 19057, 19057.2, and 19057.4 of, the Government Code, relating to state civil service, end insertbegin insertand making an appropriation therefor, to take effect immediately, bill related to the budget.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 99, as amended, Committee on Budget and Fiscal Review. begin deleteBudget Act of 2015. end deletebegin insertState civil service.end insert

begin insert

(1) The California Constitution provides that the civil service includes every officer and employee in the state except as otherwise provided in the Constitution, and existing statutory law, the State Civil Service Act, prescribes a comprehensive civil service personnel system for the state. The act grants eligibility for promotional civil service examinations and career executive assignment examinations to persons who meet certain requirements and minimum qualifications and who are employed by the Legislature, persons who are retired from the United States armed forces, honorably discharged from active military duty with a service-connected disability, or honorably discharged from active duty, or persons who were employees of the executive branch in exempt positions.

end insert
begin insert

This bill would revise eligibility standards applicable to people who were employed by the Legislature, people who retired or were discharged from the armed forces, and people who were formerly employed in exempt, executive branch positions, as described above, to permit them, upon request, to obtain civil service appointment list eligibility by taking promotional exams or career executive exams for which they meet minimum qualifications, as specified. The bill would eliminate the requirement that an employee or veteran, in this context, select only one promotional examination in which to compete when multiple examinations are given. Among other things, the bill would also remove a time limit on this eligibility granted to specified former employees of the Legislature and employees of the executive branch in exempt positions.

end insert
begin insert

(2) Existing law generally requires that appointments to vacant positions be made by lists. Existing law requires, with specified exceptions, that an appointing power receive the names and addresses of the three persons highest on a promotional employment list for the class in which a position belongs, and if there are fewer than three names, as specified, additional names are provided from the various lists next lower in order of preference. Existing law prescribes requirements for providing names to an appointing power for positions designated as management and specifies a method of ranking eligible candidates in this context. Existing law prescribes requirements for providing names to an appointing power for positions designated as supervisory and not professional, scientific, or administrative, and that are not examined for on an open basis, and specifies a method of ranking eligible candidates in this context. Existing law requires an appointing power to fill a position from the names of the persons provided.

end insert
begin insert

This bill would repeal these provisions and make conforming changes.

end insert
begin insert

(3) Existing law provides for career executive assignments to encourage the development for well-qualified executives and requires the State Personnel Board to establish, by a rule, a system of merit personnel administration specifically suited to the selection and placement of executive personnel. The State Civil Service Act defines career executive. Existing law requires the State Personnel Board, by rule, to provide that employees whose appointments to career executive assignments are terminated to be reinstated to civil service positions, as specified, at their option.

end insert
begin insert

This bill would revise the definition of career executive to eliminate the requirement that the person have permanent status in the civil service. This bill would provide that various provisions relating to personnel examinations don’t apply to career executive assignments unless provided for by rule, as specified. The bill would grant reinstatement rights to employees who at the time of appointment to a career executive assignment were not employed by the state but who had previously worked for it and had gained permanent civil service status. The bill would grant an employee who at the time of his or her appointment to a career executive assignment did not have civil service status eligibility to compete in any promotional examination for which he or she meets the minimum qualifications as prescribed by the class specification, except as specified, and would provide these employees other rights in this context, including the right to defer examinations and to transfer list eligibility in the same manner as civil service employees.

end insert
begin insert

The bill would make an appropriation from the General Fund of $300,000 to the Department of Finance for the purpose of funding the posting on the department’s Internet Web site of all budget requests included as part of the Governor’s Budget.

end insert
begin insert

This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

end insert
begin delete

This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2015.

end delete

Vote: majority. Appropriation: begin deleteno end deletebegin insertyesend insert. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

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

P3    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 18546 of the end insertbegin insertGovernment Codeend insertbegin insert is
2amended to read:end insert

3

18546.  

begin delete(a)end deletebegin deleteend delete“Career executive” means an employee appointed
4from an employment list established for the express purpose of
5providing a list of personsbegin delete with permanent status in the civil serviceend delete
6 who arebegin delete availableend deletebegin insert eligibleend insert for career executive assignments,begin delete in
7which selection,end delete
begin insert as specified in Article 5 (commencing with Section
818990) of Chapter 4 and Article 9 (commencing with Section
919889) of Chapter 2.5 of Part 2.6, in which examination, selection,end insert

10 classification, salary, tenure, and other conditions of employment
11may be varied from those prevailing under Chapter 3 (commencing
12with Section 18800) to Chapter 7 (commencing with Section
1319570), inclusive, for other employees in the state civil service.

begin delete

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

end delete
15begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 18990 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
16read:end insert

P4    1

18990.  

(a) Notwithstanding any other provision of law or rule,
2persons employed by the Legislature for two or more consecutive
3years shall bebegin delete eligible to apply forend deletebegin insert given an opportunity,end insertbegin insert upon
4request, to obtain civil service appointment list eligibility by taking
5anyend insert
promotional civil servicebegin delete examinations, including examinations
6forend delete
begin insert examination orend insert career executivebegin delete assignments,end deletebegin insert assignment
7examinationsend insert
for which they meet the minimumbegin delete qualifications.end delete
8begin insert qualifications of the class for which they seek appointment.end insert Persons
9receiving passing scores shallbegin delete have their names placed on
10promotional lists resulting from these examinations or otherwise
11gain eligibility for appointment.end delete
begin insert gain list eligibility for appointment.end insert
12 In evaluating minimum qualifications,begin delete relatedend deletebegin insert a person’send insert legislative
13experience shall be considered state civil service experience in a
14comparablebegin delete class, based on theend deletebegin insert class that has the same or
15substantially similarend insert
duties and responsibilitiesbegin delete assigned.end deletebegin insert as the
16person’s legislative position.end insert

begin delete

17(b) In cases where promotional examinations are given by more
18than one department for the same classification, the employee shall
19select one department in which to compete. Once this selection is
20made, it cannot be changed for the duration of the promotional list
21established from the examination in which the employee
22participated. Employees may transfer list eligibility between
23departments in the same manner as provided for civil service
24employees.

end delete
begin delete

25(c) Employees

end delete

26begin insert(b)end insertbegin insertend insertbegin insertPersonsend insert who meet the requirements of this section,begin delete are
27employed by the Legislature, and who resign or areend delete
begin insert but who
28resigned or wereend insert
released frombegin delete service,end deletebegin insert service with the
29Legislature,end insert
shall be eligible to take promotional civil service
30begin delete examinations, includingend delete examinationsbegin delete forend deletebegin insert andend insert career executive
31begin delete assignments, for one year following their resignation or release in
32accordance with subdivisions (a) and (b).end delete
begin insert assignment examinations
33in accordance with subdivision (a).end insert

begin delete

34(d) Employees who meet the requirements of this section, are
35employed by the office of the Auditor General or the office of the
36Legislative Analyst as of January 1, 1992, and who resign or are
37released from service due to a force reduction of the Legislature
38before January 1, 1994, shall be eligible to take promotional civil
39service examinations, including career executive assignments, for
P5    1three years following their resignation or release in accordance
2with subdivisions (a) and (b).

3(e) An employee who establishes eligibility on a promotional
4civil service list, either pursuant to subdivision (c) or (d) or prior
5to having resigned or having been released in a manner to which
6subdivision (c) or (d) would apply, shall maintain that eligibility
7for the duration of that particular list.

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

end delete
9begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 18991 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
10read:end insert

11

18991.  

begin delete(a)end deletebegin deleteend deleteNotwithstanding any other provision of law, persons
12retired from the United States military, honorably discharged from
13active military duty with a service-connected disability, or
14honorably discharged from active duty, shall be eligible to apply
15for promotional civil servicebegin delete examinations, includingend delete examinations
16begin delete forend deletebegin insert andend insert career executivebegin delete assignments,end deletebegin insert assignment examinationsend insert
17 for which they meet the minimumbegin delete qualifications as prescribed by
18the class specification.end delete
begin insert qualifications of the class to which they
19seek appointment.end insert
Persons receiving passing scores shallbegin delete have their
20names placed on promotional lists resulting from these
21examinations or otherwiseend delete
gainbegin insert listend insert eligibility for appointment. In
22evaluating minimum qualifications,begin delete relatedend deletebegin insert the person’send insert military
23experience shall be considered state civil service experience in a
24comparablebegin delete class, based on theend deletebegin insert class that has the same or
25substantially similarend insert
duties and responsibilitiesbegin delete assigned.end deletebegin insert as the
26person’s position in the military.end insert

begin delete

27(b) In cases where promotional examinations are given by more
28than one department for the same classification, the employee shall
29select one department in which to compete. Once this selection is
30made, it cannot be changed for the duration of the promotional list
31established from the examination in which the employee
32participated. Employees may transfer list eligibility between
33departments in the same manner as provided for civil service
34employees.

end delete
35begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 18992 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
36read:end insert

37

18992.  

(a) Notwithstanding any other provision of law or rule,
38persons holding, for two or more consecutive years, nonelected
39exempt positions in the executive branch of government as defined
40in subdivisions (c), (e), (f), (g), (i), and (m) of Section 4 of Article
P6    1VII of the Constitution and excluding those positions for which
2the salaries are set by statute, shall bebegin delete eligible to apply forend deletebegin insert given
3the opportunity, upon request, to obtain civil service appointment
4list eligibility by taking anyend insert
promotional civil servicebegin delete examinations,
5including, but not limited to, examinations forend delete
begin insert examination orend insert
6 career executivebegin delete assignmentsend deletebegin insert assignment examinationend insert for which
7they meet the minimum qualificationsbegin delete as prescribed by the class
8specification.end delete
begin insert of the class to which they seek appointment.end insert Persons
9receiving passing scores shallbegin delete have their names placed on
10promotional lists resulting from these examinations or otherwiseend delete

11 gainbegin insert listend insert eligibility for appointment. In evaluating minimum
12 qualifications,begin delete related exemptend deletebegin insert the person’send insert experiencebegin insert in the exempt
13positionend insert
shall be considered state civil service experience in a
14comparablebegin delete class.end deletebegin insert class end insertbegin insertthat has the same or substantially similar
15duties and responsibilities as the personend insert
begin insert’s exempt position.end insert

begin delete

16(b) In cases where promotional examinations are given by more
17than one appointing authority for the same classification, the
18employee shall select one appointing authority in which to compete.
19Once this selection is made, it cannot be changed for the duration
20of the promotional list established from the examination in which
21the employee participated. Employees may transfer list eligibility
22between appointing authorities in the same manner as provided
23for civil service employees.

end delete
begin delete

24(c) Employees

end delete

25begin insert (b)end insertbegin insertend insertbegin insertPersonsend insert who meet the requirements of thisbegin delete section and who
26resign or areend delete
begin insert section, but who resigned or wereend insert released from
27exempt employment of the executive branch ofbegin delete governmentend delete
28begin insert government,end insert shall be eligible to take promotional civil service
29begin delete examinations, includingend delete examinationsbegin delete forend deletebegin insert and end insert career executive begin delete30 assignments, for one year following their resignation or releaseend delete
31begin insert assignment examinationsend insert in accordance withbegin delete subdivisions (a) and
32(b).end delete
begin insert subdivision (a).end insert

begin delete

33(d) An employee who establishes eligibility on a promotional
34civil service list, either pursuant to subdivision (c) or prior to
35having resigned or having been released in a manner to which
36subdivision (c) would apply, shall maintain that eligibility for the
37duration of that particular list.

end delete
begin delete

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

end delete
39begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 18993 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
40read:end insert

P7    1

18993.  

(a) Notwithstanding any other provision of law, a
2legislative or nonelected exempt executive branch employee who
3is appointed to a career executive assignment pursuant to Section
418990 or 18992, shall be eligible to compete in his or her
5begin delete department’send deletebegin insert appointing power’send insert promotional examinations for
6which he or she meets the minimumbegin delete qualifications.end deletebegin insert qualifications
7of the class to which he or she seeks appointment.end insert
When such an
8employee’s career executive assignment is terminated by the
9appointing power, he or she shall have the right to request a
10deferred examination for any promotional eligible listbegin delete forend deletebegin insert thatend insert his
11or herbegin delete departmentend deletebegin insert appointing power hasend insert in existence at the time
12of thebegin delete appointment termination ifend deletebegin insert termination of the career
13executive assignment and for whichend insert
he or she meets the minimum
14begin delete qualifications specified for the promotional examination.end delete
15begin insert qualifications of the class to which he or she seeks appointment.end insert

16(b) A request for a deferred examination pursuant to subdivision
17(a) shall be made no later than 10 days after the effective date of
18the termination of the career executive assignment. The department
19shall administer the deferred examination within 30 days of the
20date of the request.

21begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 19057 of the end insertbegin insertGovernment Codeend insertbegin insert is repealed.end insert

begin delete
22

19057.  

Except as provided in Section 19056, there shall be
23certified to the appointing power the names and addresses of the
24three persons standing highest on the promotional employment
25list for the class in which the position belongs and who have
26indicated their willingness to accept appointment under the
27conditions of employment specified. If fewer than three names of
28persons willing to accept appointment are on the list from which
29certification is to be made, then additional eligibles shall be
30certified from the various lists next lower in order of preference
31until three names are certified. If there are fewer than three names
32on such lists, there shall be certified the number thereon. In such
33case the appointing power may demand certification of three names
34and examinations shall be conducted until three names may be
35certified. The appointing power shall fill the position by the
36appointment of one of the persons certified.

end delete
37begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 19057.1 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
38to read:end insert

39

19057.1.  

begin deleteNotwithstanding Section 19057, for positions in
40classes designated as professional, scientific, or administrative, or
P8    1for any open employment list, end delete
begin insertExcept for reemployment lists, end insertbegin insertState end insert
2begin insertRestriction of end insertbegin insertAppointment lists, and Limited Examination and
3Appointment Program referral lists, end insert
there shall be certified to the
4appointing power the names and addresses of all those eligibles
5whose scores, atbegin insert theend insert time of certification, represent the three highest
6ranks on the employment list for the class, and who have indicated
7their willingness to accept appointment under the conditions of
8employment specified.

9For purposes of ranking, scores of eligibles on employment lists
10begin delete for these classesend deletebegin insert covered by this sectionend insert shall be rounded to the
11nearest whole percent. A rank shall consist of one or more eligibles
12with the same whole percentage score.

13If the names on the list from which certification is being made
14represent fewer than three ranks,begin delete thenend deletebegin insert then, consistent with board
15rules, end insert
additional eligiblesbegin delete shallend deletebegin insert mayend insert be certified from the various
16lists next lower in order of preference until names from three ranks
17appear. If there are fewer than three names available for
18certification, and the appointing authority does not choose to
19appoint from among these, the appointing authority may demand
20certification of three names. In that case, examinations shall be
21conducted until at least three names may be certified by the
22procedure described in this section, and the appointing authority
23shall fill the position by appointment of one of the persons certified.

24Fractional examination scores shall be provided to, and used by,
25the Department of the California Highway Patrol for its peace
26officer classes.

27The departmentbegin delete mayend deletebegin insert may, consistent with board rules,end insert provide
28for certifying less than three ranks where the size of the certified
29group is disproportionate to the number of vacancies.

30begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 19057.2 of the end insertbegin insertGovernment Codeend insertbegin insert is repealed.end insert

begin delete
31

19057.2.  

Notwithstanding the provisions of Section 19057, for
32positions in classes designated as management, there shall be
33certified to the appointing power the names and addresses of all
34those applicants whose scores, at the time of certification, represent
35the three highest ranks on the employment list for the class, and
36who have indicated their willingness to accept appointment under
37the conditions of employment specified.

38For purposes of ranking, scores of eligibles on employment lists
39for such classes shall be divided into six ranks. The first rank shall
40consist of eligibles who receive a score of 95 percent or higher.
P9    1The second rank shall consist of eligibles who receive a score of
290 to 94 percent, inclusive. The third rank shall consist of eligibles
3who receive a score of 85 to 89 percent, inclusive. The fourth rank
4shall consist of eligibles who receive a score of 80 to 84 percent,
5inclusive. The fifth rank shall consist of eligibles who receive a
6score of 75 to 79 percent, inclusive. The sixth rank shall consist
7of eligibles who receive a score of 70 to 74 percent, inclusive. All
8examination scores for positions in these classes shall be rounded
9to the nearest whole percent.

10If the names on the list from which certification is being made
11represent fewer than three ranks, then additional eligibles shall be
12certified from the various lists next lower in order of preference
13until names from three ranks appear. If there are fewer than three
14names available for certification, and the appointing authority does
15not choose to appoint from among these, the appointing authority
16may demand certification of three names. In such case,
17examinations shall be conducted until at least three names may be
18certified by the procedure described in this section, and the
19appointing authority shall fill the position by appointment of one
20of the persons certified.

21The department may certify less than three ranks where the size
22of the certified group is disproportionate to the number of
23vacancies.

end delete
24begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 19057.3 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
25to read:end insert

26

19057.3.  

(a) begin deleteNotwithstanding Section 19057, for end deletebegin insertFor end inserta position
27in the Department of Corrections and Rehabilitation, there shall
28be certified to the appointing power the names and addresses of
29all those eligibles for peace officer and closely allied classes whose
30scores, at the time of certification, represent the three highest ranks
31on the employment list for the class in which the position belongs
32and who have indicated their willingness to accept appointment
33under the conditions of employment specified.

34(b) For purposes of ranking, scores of eligibles on employment
35lists for the classes shall be rounded to the nearest whole percent.
36A rank consists of one or more eligibles with the same whole
37percentage score.

38(c) If fewer than three ranks of persons willing to accept
39appointment are on the list from which certification is to be made,
40then additional eligibles shall be certified from the various lists
P10   1next lower in order of preference until names from three ranks are
2certified. If there are fewer than three names on those lists, and
3the appointing power does not choose to appoint from among these,
4the appointing power may demand certification of three names
5and examinations shall be conducted until at least three names
6may be certified. The appointing power shall fill the position by
7the appointment of one of the persons certified.

8(d) The department may, consistent with board rules, provide
9for certifying less than three ranks where the size of the certified
10group is disproportionate to the number of vacancies.

11(e) The department may, consistent with board rules, allow for
12the names of eligibles to be transferred from lists for the same
13class or comparable classes where names from one list were
14certified under the rule of three ranks, and names from the other
15list were certified under the rule of three names.

16begin insert

begin insertSEC. 10.end insert  

end insert

begin insertSection 19057.4 of the end insertbegin insertGovernment Codeend insertbegin insert is repealed.end insert

begin delete
17

19057.4.  

Notwithstanding Section 19057, for positions in
18classes which are designated by the board as supervisory and not
19professional, scientific, or administrative, and are not examined
20for on an open basis, there shall be certified to the appointing power
21the names and addresses of all those eligible whose scores, at the
22time of certification, represent the highest rank on the employment
23list for the class, and who have indicated their willingness to accept
24appointment under the conditions of employment specified.

25For purposes of ranking, scores of eligible on employment lists
26for these classes shall be rounded to the nearest whole percent. A
27rank shall consist of one or more eligibles with the same whole
28percentage score.

29If the highest rank contains fewer than three eligibles, then the
30next highest rank shall be certified until a minimum of three
31eligibles willing to accept appointment under the conditions
32specified are certified. If fewer than three names of persons willing
33to accept appointment are on the list from which certification is
34to be made, then additional eligibles shall be certified from the
35various lists next lower in order of preference until three names
36are certified. If there are fewer than three names available for
37certification, and the appointing authority does not choose to
38appoint from among these, the appointing authority may demand
39certification of three names. In that case, examinations shall be
40conducted until at least three names may be certified by the
P11   1procedure described in this section, and the appointing authority
2shall fill the position by appointment of one of the persons certified.

3Fractional examination scores shall be provided to, and utilized
4by, the California Highway Patrol for its peace officer classes.

end delete
5begin insert

begin insertSEC. 11.end insert  

end insert

begin insertSection 19889 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
6to read:end insert

7

19889.  

It is the purpose of this article to encourage the
8development and effective usebegin delete in the civil serviceend delete of well-qualified
9and carefully selected executives. In order to carry out thisbegin delete purposeend delete
10begin insert purpose,end insert the State Personnel Board shall establish by rule abegin insert meritend insert
11 systembegin delete of merit personnel administrationend delete specifically suited to the
12selection and placement of executive personnel. The department
13shall be responsible for salary administration, position
14classification, and for the motivation and training of executive
15personnel. For the purpose of administering this system there is
16established herewith a category of civil service appointment called
17“career executive assignments.” The department shall designate
18positions of a high administrative and policy influencing character
19for inclusion in or removal from this category subject to review
20by the State Personnel Board, except that the department shall not
21so designate a position in which there is an incumbent already
22appointed under the provisions of this part governing employees
23other than career executives.

24begin insert

begin insertSEC. 12.end insert  

end insert

begin insertSection 19889.2 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
25to read:end insert

26

19889.2.  

The provisions of this part governing thebegin insert examination,end insert
27 selection, classification, and tenure of employees in the regular
28civil service shall not applybegin delete in administering executive personnel
29through a merit system utilizingend delete
begin insert toend insert “career executive assignments”
30unlessbegin delete the application isend delete providedbegin insert forend insert by State Personnel Board
31rule. The provisions of this part relating to punitive actions shall
32apply tobegin insert allend insert employees serving in career executive assignments,
33except that termination of a career executive assignment as
34provided for in Section 19889.3 is not a punitive action.begin delete With
35reference to termination of career executive assignments, theend delete
State
36Personnel Board rules shall,begin delete asend deletebegin insert atend insert a minimum, affordbegin delete an employeeend delete
37begin insert all employees end insertbegin insertwhose career executive assignments are terminated
38by the appointing powerend insert
a right of appeal to the State Personnel
39Board for restoration of his or her assignment when he or she
P12   1alleges thatbegin delete his or herend deletebegin insert theend insert termination was for reasons prohibited
2in Chapter 10 (commencing with Section 19680) of Part 2.

3begin insert

begin insertSEC. 13.end insert  

end insert

begin insertSection 19889.3 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
4to read:end insert

5

19889.3.  

(a) Eligibility for appointment to positions in the
6career executive assignment category shall be established as a
7result of competitivebegin delete examination of persons with permanent status
8in the civil service whoend delete
begin insert examinations. All candidates shallend insert meet
9such minimum qualifications as the State Personnel Board may
10determine are requisite to the performance of high administrative
11and policy influencing functions.

12(b) No person employed in a career executive assignment shall
13be deemed to acquire as a result of such service any rights to or
14 status in positions governed by the provisions of this part relating
15to the civil service other than the category of career executive
16assignment, except as provided by State Personnel Board rule.

begin delete

17(c) The State Personnel Board shall provide by rule that an
18employee shall, if he or she so desires, at the termination of his or
19her appointment to a career executive assignment, be reinstated to
20a civil service position that is (1) not a career executive assignment
21and (2) that is at least at the same salary level as the last position
22that he or she held as a permanent or probationary employee. If
23the employee has completed a minimum of five years of state
24service, he or she may return to a position that is (1) at substantially
25the same salary level as the last position in which he or she had
26permanent or probationary status or (2) at a salary level that is at
27least two steps lower than that of the career executive position
28from which the employee is being terminated.

29(d) For the purpose of this section “employee” means a
30permanent employee, or an employee serving under another
31 appointment who previously had permanent status and who, since
32such permanent status, has had no break in the continuity of his
33or her state service.

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

end delete
35begin insert

begin insertSEC. 14.end insert  

end insert

begin insertSection 19889.4 is added to the end insertbegin insertGovernment Codeend insertbegin insert,
36to read:end insert

begin insert
37

begin insert19889.4.end insert  

In accordance with State Personnel Board rules, the
38following shall apply when an appointing power terminates a
39career executive assignment:

P13   1(a) An employee who at the time of his or her appointment to a
2career executive assignment was employed by the state and had
3permanent civil service status shall, if he or she so desires, be
4reinstated to a civil service position that is (1) not a career
5executive assignment and (2) that is at least at the same salary
6level as the last position that he or she held as a permanent or
7probationary employee. If the employee had completed a minimum
8of five years of state service, he or she may return to a position
9that is (1) at substantially the same salary level as the last position
10in which he or she had permanent or probationary status or (2)
11at a salary level that is at least two steps lower than that of the
12career executive position from which the employee is being
13terminated.

14(b) Article 5 (commencing with Section 19140) of Chapter 5 of
15Part 2 shall apply to an employee who at the time of his or her
16appointment to a career executive assignment was not employed
17by the state but who had previously worked for the state and gained
18permanent civil service status.

19(c) (1) Unless otherwise provided in Article 5 (commencing
20with Section 18990) of Chapter 4 of Part 2, an employee who at
21the time of his or her appointment to a career executive assignment
22was from outside civil service shall be eligible to compete in any
23promotional examination for which he or she meets the minimum
24qualifications as prescribed by the class specification. An employee
25receiving a passing score shall have his or her name placed on
26the promotional list resulting from the examination or otherwise
27gain eligibility for appointment. He or she shall have the right to
28request a deferred examination for any promotional eligible list
29that is in existence at the time the career executive assignment is
30terminated and for which he or she meets the minimum
31qualifications as prescribed by the class specification. For
32purposes of evaluating minimum qualifications, related experience
33gained in a career executive assignment shall be considered as
34state civil service experience in a comparable class. Employees
35may transfer list eligibility between appointing powers in the same
36manner as provided for civil service employees.

37(2) A request for a deferred examination pursuant to paragraph
38(1) shall not be made later than 10 days after the effective date of
39the termination of the career executive assignment. The department
P14   1or its designee shall administer the deferred examination within
230 days of the date of the request.

end insert
3begin insert

begin insertSEC. 15.end insert  

end insert
begin insert

The sum of three hundred thousand dollars ($300,000)
4is hereby appropriated from the General Fund to the Department
5of Finance for the purpose of funding the posting on the
6department’s Internet Web site of all budget requests included as
7part of the Governor’s Budget.

end insert
8begin insert

begin insertSEC. 16.end insert  

end insert
begin insert

This act is a bill providing for appropriations related
9to the Budget Bill within the meaning of subdivision (e) of Section
1012 of Article IV of the California Constitution, has been identified
11as related to the budget in the Budget Bill, and shall take effect
12immediately.

end insert
begin delete
13

SECTION 1.  

It is the intent of the Legislature to enact statutory
14changes relating to the Budget Act of 2015.

end delete


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