Amended in Assembly September 10, 2015
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,
begin delete and 19889.3end delete of, to add begin delete Section 19889.4end delete to, and to repeal Sections 19057, 19057.2, and 19057.4 of, the Government Code, relating to state begin delete civil service,end delete and making an appropriation therefor, to take effect immediately, bill related to the budget.
LEGISLATIVE COUNSEL’S DIGEST
as amended, Committee on Budget and Fiscal Review. State
begin delete civil service.end delete
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.
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.
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
begin delete whoend delete
at the time of his or her appointment to a career executive begin delete assignmentend delete was from outside civil service the right to defer 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.
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.
Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
begin deleteSECTION 1.end delete
Section 18546 of the Government Code is amended
“Career executive” means an employee appointed from
30an employment list established for the express purpose of providing
31a list of persons who are eligible for career executive assignments,
as specified in Article 5 (commencing with Section 18990) of
33Chapter 4 and Article 9 (commencing with Section 19889) of
34Chapter 2.5 of Part 2.6, in which examination, selection,
35classification, salary, tenure, and other conditions of employment
36may be varied from those prevailing under Chapter 3 (commencing
37with Section 18800) to Chapter 7 (commencing with Section
3819570), inclusive, for other employees in the state civil service.
begin deleteSEC. 2.end delete
Section 18990 of the Government Code is amended
(a) Notwithstanding any other provision of law or rule,
5persons employed by the Legislature for two or more consecutive
6years shall be given an opportunity, upon request, to obtain civil
7service appointment list eligibility by taking any promotional civil
8service examination or career executive assignment examinations
9for which they meet the minimum qualifications of the class for
10which they seek appointment. Persons receiving passing scores
11shall gain list eligibility for appointment. In evaluating minimum
12qualifications, a person’s legislative experience shall be considered
13state civil service experience in a comparable class that has the
14same or substantially similar duties and responsibilities as the
15person’s legislative position.
16(b) Persons who meet the requirements of this section, but who
17resigned or were released from service with the Legislature, shall
18be eligible to take promotional civil service examinations and
19career executive assignment examinations in accordance with
begin deleteSEC. 3.end delete
Section 18991 of the Government Code is amended
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
begin deleteSEC. 4.end delete
Section 18992 of the Government Code is amended
(a) Notwithstanding any other provision of law or rule,
40persons holding, for two or more consecutive years, nonelected
P8 1exempt positions in the executive branch of government as defined
2in subdivisions (c), (e), (f), (g), (i), and (m) of Section 4 of Article
3VII of the Constitution and excluding those positions for which
4the salaries are set by statute, shall be given the opportunity, upon
5request, to obtain civil service appointment list eligibility by taking
6any promotional civil service examination or career executive
7assignment examination for which they meet the minimum
8qualifications of the class to which they seek appointment. Persons
9receiving passing scores shall gain list eligibility for appointment.
10In evaluating minimum qualifications,
the person’s experience in
11the exempt position shall be considered state civil service
12experience in a comparable class that has the same or substantially
13similar duties and responsibilities as the person’s exempt position.
14 (b) Persons who meet the requirements of this section, but who
15resigned or were released from exempt employment of the
16executive branch of government, shall be eligible to take
17promotional civil service examinations and career executive
18assignment examinations in accordance with subdivision (a).
begin deleteSEC. 5.end delete
Section 18993 of the Government Code is amended
(a) Notwithstanding any other provision of law, a
23legislative or nonelected exempt executive branch employee who
24is appointed to a career executive assignment pursuant to Section
2518990 or 18992, shall be eligible to compete in his or her
26appointing power’s promotional examinations for which he or she
27meets the minimum qualifications of the class to which he or she
28seeks appointment. When such an employee’s career executive
29assignment is terminated by the appointing power, he or she shall
30have the right to request a deferred examination for any
31promotional eligible list that his or her appointing power has in
32existence at the time of the termination of the career executive
33assignment and for which he or
she meets the minimum
qualifications of the class to which he or she seeks appointment.
35(b) A request for a deferred examination pursuant to subdivision
36(a) shall be made no later than 10 days after the effective date of
37the termination of the career executive assignment. The department
38shall administer the deferred examination within 30 days of the
39date of the request.
begin deleteSEC. 6.end delete
Section 19057 of the Government Code is repealed.
begin deleteSEC. 7.end delete
Section 19057.1 of the Government Code is amended
Except for reemployment lists, State Restriction of
7Appointment lists, and Limited Examination and Appointment
8Program referral lists, there shall be certified to the appointing
9power the names and addresses of all those eligibles whose scores,
10at the time of certification, represent the three highest ranks on the
11employment list for the class, and who have indicated their
12willingness to accept appointment under the conditions of
14For purposes of ranking, scores of eligibles on employment lists
15covered by this section shall be rounded to the nearest whole
16percent. A rank shall consist of one or more eligibles with the same
17whole percentage score.
names on the list from which certification is being made
19represent fewer than three ranks, then, consistent with board rules,
20additional eligibles may be certified from the various lists next
21lower in order of preference until names from three ranks appear.
22If there are fewer than three names available for certification, and
23the appointing authority does not choose to appoint from among
24these, the appointing authority may demand certification of three
25names. In that case, examinations shall be conducted until at least
26three names may be certified by the procedure described in this
27section, and the appointing authority shall fill the position by
28appointment of one of the persons certified.
29Fractional examination scores shall be provided to, and used by,
30the Department of the California Highway Patrol for its peace
32The department may, consistent with board rules, provide for
33certifying less than three ranks where the size of the certified group
34is disproportionate to the number of vacancies.
begin deleteSEC. 8.end delete
Section 19057.2 of the Government Code is repealed.
begin deleteSEC. 9.end delete
Section 19057.3 of the Government Code is amended
(a) For a position in the Department of Corrections
2and Rehabilitation, there shall be certified to the appointing power
3the names and addresses of all those eligibles for peace officer and
4closely allied classes whose scores, at the time of certification,
5represent the three highest ranks on the employment list for the
6class in which the position belongs and who have indicated their
7willingness to accept appointment under the conditions of
9(b) For purposes of ranking, scores of eligibles on employment
10lists for the classes shall be rounded to the nearest whole percent.
11A rank consists of one or more eligibles with the same whole
13(c) If fewer than three ranks of persons willing to accept
14appointment are on the list from which certification is to be made,
15then additional eligibles shall be certified from the various lists
16next lower in order of preference until names from three ranks are
17certified. If there are fewer than three names on those lists, and
18the appointing power does not choose to appoint from among these,
19the appointing power may demand certification of three names
20and examinations shall be conducted until at least three names
21may be certified. The appointing power shall fill the position by
22the appointment of one of the persons certified.
23(d) The department may, consistent with board rules, provide
24for certifying less than three ranks where the size of the certified
25group is disproportionate to the
number of vacancies.
26(e) The department may, consistent with board rules, allow for
27the names of eligibles to be transferred from lists for the same
28class or comparable classes where names from one list were
29certified under the rule of three ranks, and names from the other
30list were certified under the rule of three names.
begin deleteSEC. 10.end delete
Section 19057.4 of the Government Code is repealed.
begin deleteSEC. 11.end delete
Section 19889 of the Government Code is amended
It is the purpose of this article to encourage the
5development and effective use of well-qualified and carefully
6selected executives. In order to carry out this purpose, the State
7Personnel Board shall establish by rule a merit system specifically
8suited to the selection and placement of executive personnel. The
9department shall be responsible for salary administration, position
10classification, and for the motivation and training of executive
11personnel. For the purpose of administering this system there is
12established herewith a category of civil service appointment called
13“career executive assignments.” The department shall designate
14positions of a high administrative and policy influencing character
15for inclusion in or
removal from this category subject to review
16by the State Personnel Board, except that the department shall not
17so designate a position in which there is an incumbent already
18appointed under the provisions of this part governing employees
19other than career executives.
begin deleteSEC. 12.end delete
Section 19889.2 of the Government Code is amended
The provisions of this part governing the examination,
24selection, classification, and tenure of employees in the regular
25civil service shall not apply to “career executive assignments”
26unless provided for by State Personnel Board rule. The provisions
27of this part relating to punitive actions shall apply to all employees
28serving in career executive assignments, except that termination
29of a career executive assignment as provided for in Section 19889.3
30is not a punitive action. State Personnel Board rules shall, at a
31minimum, afford all employees whose career executive
32assignments are terminated by the appointing power a right of
33appeal to the State Personnel Board for restoration of his or her
34assignment when he or she alleges
that the termination was for
35reasons prohibited in Chapter 10 (commencing with Section 19680)
36of Part 2.
begin deleteSEC. 13.end delete
Section 19889.3 of the Government Code is amended
(a) Eligibility for appointment to positions in the
2career executive assignment category shall be established as a
3result of competitive examinations. All candidates shall meet such
4minimum qualifications as the State Personnel Board may
5determine are requisite to the performance of high administrative
6and policy influencing functions.
7(b) No person employed in a career executive assignment shall
8be deemed to acquire as a result of such service any rights to or
status in positions governed by the provisions of this part relating
10to the civil service other than the category of career executive
11assignment, except as provided by State Personnel Board rule.
begin deleteSEC. 14.end delete
Section 19889.4 is added to the Government Code,
In accordance with State Personnel Board rules, the
16following shall apply when an appointing power terminates a career
18(a) An employee who at the time of his or her appointment to
19a career executive assignment was employed by the state and had
20permanent civil service status shall, if he or she so desires, be
21reinstated to a civil service position that is (1) not a career executive
22assignment and (2) that is at least at the same salary level as the
23last position that he or she held as a permanent or probationary
24employee. If the employee had completed a minimum of five years
25of state service, he or she may return to a position that is (1) at
same salary level as the last position in which he
27or she had permanent or probationary status or (2) at a salary level
28that is at least two steps lower than that of the career executive
29position from which the employee is being terminated.
30(b) Article 5 (commencing with Section 19140) of Chapter 5
31of Part 2 shall apply to an employee who at the time of his or her
32appointment to a career executive assignment was not employed
33by the state but who had previously worked for the state and gained
34permanent civil service status.
35(c) (1) An employee who at the time of his or her appointment
36to a career executive assignment was from outside civil service
37shall have the right to request a deferred examination for any open
38eligible list that his or her
appointing power or the department has
39in existence at the time of the termination of the career executive
40assignment and for which he or she meets the minimum
P15 1qualifications of the class to which he or she seeks appointment.
2Whether the employee takes a deferred examination or other open
3civil service examination, for purposes of evaluating whether he
4or she meets the minimum qualifications of the class to which he
5or she seeks appointment, related experience gained in a career
6executive assignment shall be considered as state civil service
7experience in a comparable class.
8(2) A request for a deferred examination pursuant to paragraph
9(1) shall not be made later than 10 days after the effective date of
10the termination of the career executive assignment. The department
11or its designee shall administer the deferred examination
1230 days of the date of the request.
(a) The board shall pay monthly to an employee or
39annuitant who is enrolled in, or whose family member is enrolled
40in, a Medicare health benefit plan under this part the amount of
P18 1the Medicare Part B premiums, exclusive of penalties, except as
2provided in Section 22831. This payment may not exceed the
3difference between the maximum employer contribution and the
4amount contributed by the employer toward the cost of premiums
5for the health benefit plan in which the employee or annuitant and
6his or her family members are enrolled. No payment may be made
7in any month if the difference is less than one dollar ($1).
8(b) This section shall be applicable only to state employees,
9annuitants who retired while state employees, and
10members of those persons.
11(c) With respect to an annuitant, the board shall pay to the
12annuitant the amount required by this section from the same source
13from which his or her allowance is paid. Those amounts are hereby
14appropriated monthly from the General Fund to reimburse the
15board for those payments.
16(d) There is hereby appropriated from the appropriate funds the
17amounts required by this section to be paid to active state
begin deleteSEC. 15.end delete
The sum of three hundred thousand dollars ($300,000)
31is hereby appropriated from the General Fund to the Department
32of Finance for the purpose of funding the posting on the
33department’s Internet Web site of all budget requests included as
34part of the Governor’s Budget.
begin deleteSEC. 16.end delete
This act is a bill providing for appropriations related
37to the Budget Bill within the meaning of subdivision (e) of Section
3812 of Article IV of the California Constitution, has been identified
P20 1as related to the budget in the Budget Bill, and shall take effect