Amended in Assembly September 4, 2015

Amended in Assembly August 24, 2015

Senate BillNo. 99


Introduced by Committee on Budget and Fiscal Review

January 9, 2015


An act 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, and making an appropriation therefor, to take effect immediately, bill related to the budget.

LEGISLATIVE COUNSEL’S DIGEST

SB 99, as amended, Committee on Budget and Fiscal Review. State civil service.

(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.

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.

(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.

This bill would repeal these provisions and make conforming changes.

(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.

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 assignmentbegin delete did not haveend deletebegin insert was from outsideend insert civil servicebegin delete 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, includingend delete the right to deferbegin delete examinations and to transfer list eligibility in the same manner as civil service employees.end deletebegin insert examination for any open eligible list, as specified, in existence at the time of the termination of the career executive assignment for which he or she meets the minimum qualifications of the class to which appointment is sought. The bill would require, in this regard, that related experience gained in a career executive assignment be considered state civil service experience in a comparable class, as specified.end 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.

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

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

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

P3    1

SECTION 1.  

Section 18546 of the Government Code is
2amended to read:

3

18546.  

“Career executive” means an employee appointed from
4an employment list established for the express purpose of providing
5a list of persons who are eligible for career executive assignments,
6 as specified in Article 5 (commencing with Section 18990) of
7Chapter 4 and Article 9 (commencing with Section 19889) of
8Chapter 2.5 of Part 2.6, in which examination, selection,
9classification, salary, tenure, and other conditions of employment
10may be varied from those prevailing under Chapter 3 (commencing
P4    1with Section 18800) to Chapter 7 (commencing with Section
219570), inclusive, for other employees in the state civil service.

3

SEC. 2.  

Section 18990 of the Government Code is amended
4to read:

5

18990.  

(a) Notwithstanding any other provision of law or rule,
6persons employed by the Legislature for two or more consecutive
7years shall be given an opportunity, upon request, to obtain civil
8service appointment list eligibility by taking any promotional civil
9service examination or career executive assignment examinations
10for which they meet the minimum qualifications of the class for
11which they seek appointment. Persons receiving passing scores
12shall gain list eligibility for appointment. In evaluating minimum
13qualifications, a person’s legislative experience shall be considered
14state civil service experience in a comparable class that has the
15same or substantially similar duties and responsibilities as the
16person’s legislative position.

17(b) Persons who meet the requirements of this section, but who
18resigned or were released from service with the Legislature, shall
19be eligible to take promotional civil service examinations and
20career executive assignment examinations in accordance with
21subdivision (a).

22

SEC. 3.  

Section 18991 of the Government Code is amended
23to read:

24

18991.  

Notwithstanding any other provision of law, persons
25retired from the United States military, honorably discharged from
26active military duty with a service-connected disability, or
27honorably discharged from active duty, shall be eligible to apply
28for promotional civil service examinations and career executive
29assignment examinations for which they meet the minimum
30qualifications of the class to which they seek appointment. Persons
31receiving passing scores shall gain list eligibility for appointment.
32In evaluating minimum qualifications, the person’s military
33experience shall be considered state civil service experience in a
34comparable class that has the same or substantially similar duties
35and responsibilities as the person’s position in the military.

36

SEC. 4.  

Section 18992 of the Government Code is amended
37to read:

38

18992.  

(a) Notwithstanding any other provision of law or rule,
39persons holding, for two or more consecutive years, nonelected
40exempt positions in the executive branch of government as defined
P5    1in subdivisions (c), (e), (f), (g), (i), and (m) of Section 4 of Article
2VII of the Constitution and excluding those positions for which
3the salaries are set by statute, shall be given the opportunity, upon
4request, to obtain civil service appointment list eligibility by taking
5any promotional civil service examination or career executive
6assignment examination for which they meet the minimum
7qualifications of the class to which they seek appointment. Persons
8receiving passing scores shall gain list eligibility for appointment.
9In evaluating minimum qualifications, the person’s experience in
10the exempt position shall be considered state civil service
11experience in a comparable class that has the same or substantially
12similar duties and responsibilities as the person’s exempt position.

13 (b) Persons who meet the requirements of this section, but who
14resigned or were released from exempt employment of the
15executive branch of government, shall be eligible to take
16promotional civil service examinations and career executive
17assignment examinations in accordance with subdivision (a).

18

SEC. 5.  

Section 18993 of the Government Code is amended
19to read:

20

18993.  

(a) Notwithstanding any other provision of law, a
21legislative or nonelected exempt executive branch employee who
22is appointed to a career executive assignment pursuant to Section
2318990 or 18992, shall be eligible to compete in his or her
24appointing power’s promotional examinations for which he or she
25meets the minimum qualifications of the class to which he or she
26seeks appointment. When such an employee’s career executive
27assignment is terminated by the appointing power, he or she shall
28have the right to request a deferred examination for any
29promotional eligible list that his or her appointing power has in
30existence at the time of the termination of the career executive
31assignment and for which he or she meets the minimum
32 qualifications of the class to which he or she seeks appointment.

33(b) A request for a deferred examination pursuant to subdivision
34(a) shall be made no later than 10 days after the effective date of
35the termination of the career executive assignment. The department
36shall administer the deferred examination within 30 days of the
37date of the request.

38

SEC. 6.  

Section 19057 of the Government Code is repealed.

39

SEC. 7.  

Section 19057.1 of the Government Code is amended
40to read:

P6    1

19057.1.  

Except for reemployment lists, State Restriction of
2Appointment lists, and Limited Examination and Appointment
3Program referral lists, there shall be certified to the appointing
4power the names and addresses of all those eligibles whose scores,
5at the time of certification, represent the three highest ranks on the
6employment list for the class, and who have indicated their
7willingness to accept appointment under the conditions of
8employment specified.

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

13If the names on the list from which certification is being made
14represent fewer than three ranks, then, consistent with board rules,
15additional eligibles may be certified from the various lists next
16lower in order of preference until names from three ranks appear.
17If there are fewer than three names available for certification, and
18the appointing authority does not choose to appoint from among
19these, the appointing authority may demand certification of three
20names. In that case, examinations shall be conducted until at least
21three names may be certified by the procedure described in this
22section, and the appointing authority shall fill the position by
23appointment 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 department may, consistent with board rules, provide for
28certifying less than three ranks where the size of the certified group
29is disproportionate to the number of vacancies.

30

SEC. 8.  

Section 19057.2 of the Government Code is repealed.

31

SEC. 9.  

Section 19057.3 of the Government Code is amended
32to read:

33

19057.3.  

(a) For a position in the Department of Corrections
34and Rehabilitation, there shall be certified to the appointing power
35the names and addresses of all those eligibles for peace officer and
36closely allied classes whose scores, at the time of certification,
37represent the three highest ranks on the employment list for the
38class in which the position belongs and who have indicated their
39willingness to accept appointment under the conditions of
40employment specified.

P7    1(b) For purposes of ranking, scores of eligibles on employment
2lists for the classes shall be rounded to the nearest whole percent.
3A rank consists of one or more eligibles with the same whole
4percentage score.

5(c) If fewer than three ranks of persons willing to accept
6appointment are on the list from which certification is to be made,
7then additional eligibles shall be certified from the various lists
8next lower in order of preference until names from three ranks are
9certified. If there are fewer than three names on those lists, and
10the appointing power does not choose to appoint from among these,
11the appointing power may demand certification of three names
12and examinations shall be conducted until at least three names
13 may be certified. The appointing power shall fill the position by
14the appointment of one of the persons certified.

15(d) The department may, consistent with board rules, provide
16for certifying less than three ranks where the size of the certified
17group is disproportionate to the number of vacancies.

18(e) The department may, consistent with board rules, allow for
19the names of eligibles to be transferred from lists for the same
20class or comparable classes where names from one list were
21certified under the rule of three ranks, and names from the other
22list were certified under the rule of three names.

23

SEC. 10.  

Section 19057.4 of the Government Code is repealed.

24

SEC. 11.  

Section 19889 of the Government Code is amended
25to read:

26

19889.  

It is the purpose of this article to encourage the
27development and effective use of well-qualified and carefully
28selected executives. In order to carry out this purpose, the State
29Personnel Board shall establish by rule a merit system specifically
30suited to the selection and placement of executive personnel. The
31department shall be responsible for salary administration, position
32classification, and for the motivation and training of executive
33personnel. For the purpose of administering this system there is
34established herewith a category of civil service appointment called
35“career executive assignments.” The department shall designate
36positions of a high administrative and policy influencing character
37for inclusion in or removal from this category subject to review
38by the State Personnel Board, except that the department shall not
39so designate a position in which there is an incumbent already
P8    1appointed under the provisions of this part governing employees
2other than career executives.

3

SEC. 12.  

Section 19889.2 of the Government Code is amended
4to read:

5

19889.2.  

The provisions of this part governing the examination,
6selection, classification, and tenure of employees in the regular
7civil service shall not apply to “career executive assignments”
8unless provided for by State Personnel Board rule. The provisions
9of this part relating to punitive actions shall apply to all employees
10serving in career executive assignments, except that termination
11of a career executive assignment as provided for in Section 19889.3
12is not a punitive action. State Personnel Board rules shall, at a
13minimum, afford all employees whose career executive
14assignments are terminated by the appointing power a right of
15appeal to the State Personnel Board for restoration of his or her
16assignment when he or she alleges that the termination was for
17reasons prohibited in Chapter 10 (commencing with Section 19680)
18of Part 2.

19

SEC. 13.  

Section 19889.3 of the Government Code is amended
20to read:

21

19889.3.  

(a) Eligibility for appointment to positions in the
22career executive assignment category shall be established as a
23result of competitive examinations. All candidates shall meet such
24minimum qualifications as the State Personnel Board may
25determine are requisite to the performance of high administrative
26and policy influencing functions.

27(b) No person employed in a career executive assignment shall
28be deemed to acquire as a result of such service any rights to or
29 status in positions governed by the provisions of this part relating
30to the civil service other than the category of career executive
31assignment, except as provided by State Personnel Board rule.

32

SEC. 14.  

Section 19889.4 is added to the Government Code,
33to read:

34

19889.4.  

In accordance with State Personnel Board rules, the
35following shall apply when an appointing power terminates a career
36executive assignment:

37(a) An employee who at the time of his or her appointment to
38a career executive assignment was employed by the state and had
39permanent civil service status shall, if he or she so desires, be
40reinstated to a civil service position that is (1) not a career executive
P9    1assignment and (2) that is at least at the same salary level as the
2last position that he or she held as a permanent or probationary
3employee. If the employee had completed a minimum of five years
4of state service, he or she may return to a position that is (1) at
5substantially the same salary level as the last position in which he
6or she had permanent or probationary status or (2) at a salary level
7that is at least two steps lower than that of the career executive
8position from which the employee is being terminated.

9(b) Article 5 (commencing with Section 19140) of Chapter 5
10of Part 2 shall apply to an employee who at the time of his or her
11appointment to a career executive assignment was not employed
12by the state but who had previously worked for the state and gained
13permanent civil service status.

14(c) (1) begin deleteUnless otherwise provided in Article 5 (commencing
15with Section 18990) of Chapter 4 of Part 2, an end delete
begin insertAn end insertemployee who
16at the time of his or her appointment to a career executive
17assignment was from outside civil service shall begin delete be eligible to
18compete in any promotional examination for which he or she meets
19the minimum qualifications as prescribed by the class specification.
20An employee receiving a passing score shall have his or her name
21placed on the promotional list resulting from the examination or
22otherwise gain eligibility for appointment. He or she shallend delete
have
23the right to request a deferred examination for anybegin delete promotionalend delete
24begin insert openend insert eligible list thatbegin delete isend deletebegin insert his or her appointing power or the
25department haend insert
begin insertsend insert in existence at the timebegin insert of the termination ofend insert the
26career executive assignmentbegin delete is terminatedend delete and for which he or she
27meets the minimum qualificationsbegin delete as prescribed by the class
28specification. Forend delete
begin insert of the class to which he or she seeks appointment.
29Whether the employee takes a deferred examination or other open
30civil service examination, forend insert
purposes of evaluatingbegin insert whether he
31or she meets theend insert
minimumbegin delete qualifications,end deletebegin insert qualifications of the
32class to which he or she seeks appointment,end insert
related experience
33gained in a career executive assignment shall be considered as
34state civil service experience in a comparable class.begin delete Employees
35may transfer list eligibility between appointing powers in the same
36manner as provided for civil service employees.end delete

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
P10   1or its designee shall administer the deferred examination within
230 days of the date of the request.

3

SEC. 15.  

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.

8

SEC. 16.  

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.



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