text:
Notwithstanding Section 17561, by November 30, 1986, and by November 30 of each year thereafter, for those programs included in the State Mandates Apportionment System, the Controller shall recalculate each allocation for each local agency and school district for the 1985–86 fiscal year, by using the actual change in the deflator for that year. That recalculated allocation shall then be adjusted by the estimated change in the deflator for the 1986–87 fiscal year, and each fiscal year thereafter, to establish the allocation amount for the 1986–87 fiscal year, and each fiscal year thereafter. Additionally, for programs approved by the commission for inclusion in the State Mandates Apportionment System on or after January 1, 1988, the allocation for each year succeeding the three-year base period shall be adjusted according to any changes in both the deflator and workload. The Controller shall then subvene that amount after adjusting it by any amount of overpayment or underpayment in the 1985–86 fiscal year, and each fiscal year thereafter, due to a discrepancy between the actual change and the estimated change in the deflator or workload. Funds for these purposes shall be available to the extent they are provided for in the Budget Act of 1986 and the Budget Act for any subsequent fiscal year thereafter.

For purposes of this article, “workload” means, for school districts and county offices of education, changes in the average daily attendance; for community colleges, changes in the number of full-time equivalent students; for cities and counties, changes in the population within their boundaries; and for special districts, changes in the population of the county in which the largest percentage of the district’s population is located.

history: (History: Amended by Stats. 1989, Ch. 589, Sec. 4.)

article: 5. State Mandate Apportionments System


kind: section

code: GOV

text:
(a) When a new mandate imposes costs that are funded either by legislation or in local government claims bills, local agencies and school districts may file reimbursement claims as required by Section 17561, for a minimum of three years after the initial funding of the new mandate.

(b) After actual cost claims are submitted for three fiscal years against such a new mandate, the commission shall determine, upon request of the Controller or a local entity or school district receiving reimbursement for the program, whether the amount of the base year entitlement adjusted by changes in the deflator and workload accurately reflects the costs incurred by the local agency or school district. If the commission determines that the base year entitlement, as adjusted, does accurately reflect the costs of the program, the commission shall direct the Controller to include the program in the State Mandates Apportionment System.

(c) The Controller shall make recommendations to the commission and the commission shall consider the Controller’s recommendations for each new mandate submitted for inclusion in the State Mandates Apportionment System. All claims included in the State Mandates Apportionment System pursuant to this section are also subject to the audit provisions of Section 17616.

history: (History: Amended by Stats. 2004, Ch. 890, Sec. 29. Effective January 1, 2005.)

division: 4. FISCAL AFFAIRS

article: 5. State Mandate Apportionments System

path: 2. GOVERNMENT OF THE STATE OF CALIFORNIA > 4. FISCAL AFFAIRS > 4. Identification and Payment of Costs Mandated by the State > 5. State Mandate Apportionments System


text:
(a) If any local agency or school district has an established base year entitlement which does not include costs for a particular mandate, that local agency or school district may submit reimbursement claims for a minimum of three consecutive years, adjusted pursuant to Section 17615.3 by changes in the deflator and workload, or entitlement claims covering a minimum of three consecutive years, after which time its base year entitlement may be adjusted by an amount necessary to fund the costs of that mandate.

(b) If any local agency or school district has no base year entitlement, but wishes to begin claiming costs of one or more of the mandates included in the State Mandates Apportionment System, that local agency or school district may submit reimbursement claims for a minimum of three consecutive years, or entitlement claims covering the preceding three consecutive years, which shall be adjusted pursuant to Sections 17615.2 and 17615.3 by changes in the deflator and workload, after which time a base year entitlement may be established in an amount necessary to fund the costs of the mandate or mandates.

history: (History: Amended by Stats. 1989, Ch. 589, Sec. 6.)

title: 2. GOVERNMENT OF THE STATE OF CALIFORNIA

chapter: 4. Identification and Payment of Costs Mandated by the State

article: 5. State Mandate Apportionments System


text: If a local agency or school district realizes a decrease in the amount of costs incurred because a mandate is discontinued, or made permissive, the Controller shall determine the amount of the entitlement attributable to that mandate by determining the base year amount for that mandate for the local agency or school district plus the annual adjustments. This amount shall be subtracted from the annual subvention which would otherwise have been allocated to the local agency or school district.

history: (History: Added by Stats. 1985, Ch. 1534, Sec. 4. Effective October 2, 1985.)

article: 5. State Mandate Apportionments System


text: If a mandated program included in the State Mandates Apportionment System is modified or amended by the Legislature or by executive order, and the modification or amendment significantly affects the costs of the program, as determined by the commission, the program shall be removed from the State Mandate Apportionment System, and the payments reduced accordingly. Local entities or school districts may submit actual costs claims for a period of three years, after which the program may be considered for inclusion in the State Mandates Apportionment System, pursuant to the provisions of Section 17615.4.

article: 5. State Mandate Apportionments System


text:
(a) The commission shall establish a procedure for reviewing, upon request, any apportionment or base year entitlement of a local agency or school district.

(b) Local agencies and school districts which request such a review shall maintain and provide those records and documentation as the commission or its designee determines are necessary for the commission or its designee to make the required determinations. With the exception of records required to verify base year entitlements, the records may not be used to adjust current or prior apportionments, but may be used to adjust future apportionments.

(c) If the commission determines that an apportionment or base year entitlement for funding costs mandated by the state does not accurately reflect the costs incurred by the local agency or school district for all mandates upon which that apportionment is based, the commission shall direct the Controller to adjust the apportionment accordingly. For the purposes of this section, an apportionment or a base year entitlement does not accurately reflect the costs incurred by a local agency or school district if it falls short of reimbursing, or overreimburses, that local agency’s or school district’s actual costs by 20 percent or by one thousand dollars ($1,000), whichever is less.

(d) If the commission determines that an apportionment or base year entitlement for funding costs mandated by the state accurately reflects the costs incurred by the local agency or school district for all mandates upon which that apportionment is based, the commission may, in its discretion, direct the Controller to withhold, and, if so directed, the Controller shall withhold the costs of the commission’s review from the next apportionment to the local agency or school district, if the commission review was requested by the local agency or school district.

article: 5. State Mandate Apportionments System


text: The commission shall periodically review programs funded under the State Mandate Apportionments System to evaluate the effectiveness or continued statewide need for each such mandate.

article: 5. State Mandate Apportionments System


text:
The Controller shall have the authority to do either or both of the following:

(a) Audit the fiscal years comprising the base year entitlement no later than three years after the year in which the base year entitlement is established. The results of such audits shall be used to adjust the base year entitlements and any subsequent apportionments based on that entitlement, in addition to adjusting actual cost payments made for the base years audited.

(b) Verify that any local agency or school district receiving funds pursuant to this article is providing the reimbursed activities.

history: (History: Amended by Stats. 2004, Ch. 890, Sec. 30. Effective January 1, 2005.)

article: 5. State Mandate Apportionments System


text: The total amount due to each city, county, city and county, and special district, for which the state has determined that reimbursement is required under paragraph (2) of subdivision (b) of Section 6 of Article XIIIB of the California Constitution, shall be appropriated for payment to these entities over a period of not more than 15 years, commencing with the Budget Act for the 2006–07 fiscal year and concluding with the Budget Act for the 2020–21 fiscal year. There shall be no appropriation for payment of reimbursement claims submitted pursuant to this section for the 2012–13 and 2013–14 fiscal years.

history: (History: Amended by Stats. 2014, Ch. 28, Sec. 48. (SB 854) Effective June 20, 2014.)

article: 5. State Mandate Apportionments System


text: Except for Article 5, the provisions of this part shall be applicable to claims for state reimbursement of costs mandated by the state on and after January 1, 1985. All claims for state reimbursement filed under Article 1 (commencing with Section 2201), Article 2 (commencing with Section 2227), and Article 3 (commencing with Section 2240) of Chapter 3 of Part 4 of Division 1 of the Revenue and Taxation Code that have not been included in a local government claims bill pursuant to Section 2255 of the Revenue and Taxation Code enacted before January 1, 1985, shall be transferred to and considered by the commission pursuant to the provisions of this part.

history: (History: Amended by Stats. 2004, Ch. 890, Sec. 31. Effective January 1, 2005.)

chapter: 6. Operative Date

path: 2. GOVERNMENT OF THE STATE OF CALIFORNIA > 4. FISCAL AFFAIRS > 6. Operative Date


text:
(a) The state or any state board, department, agency, or authority, including, but not limited to, the State Public Works Board, may bring an action to determine the validity of its bonds, warrants, contracts, obligations, or evidences of indebtedness pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure.

(b) (1) Any state board, department, agency, or authority that issues bonds, notes, or other obligations the proceeds of which are to be used to purchase, or to make loans evidenced or secured by, the bonds, warrants, contracts, obligations, or evidences of indebtedness of one or more local agencies, may bring an action to determine the validity of the bonds, warrants, contracts, obligations, or evidences of indebtedness of those local agencies to be purchased by, or used to evidence or secure loans by, the state board, department, agency, or authority, pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure.

(2) For purposes of this subdivision, “local agency” shall have the same meaning as set forth in Section 53510.

(c) For the purposes of Section 860 of the Code of Civil Procedure, any action initiated pursuant to this section shall be brought in the Superior Court of the County of Sacramento.

history: (History: Amended by Stats. 2004, Ch. 470, Sec. 2. Effective January 1, 2005.)

part: 8. VALIDATING PROCEEDINGS

path: 2. GOVERNMENT OF THE STATE OF CALIFORNIA > 4. FISCAL AFFAIRS > 6. Operative Date > 8. VALIDATING PROCEEDINGS


text: The salary fixed by law for each state officer, elective or appointive, is compensation in full for that office and for all services rendered in any official capacity or employment whatsoever, during his or her term of office, and he or she shall not receive for his or her own use any fee or perquisite for the performance of any official duty. The provisions of Section 19839 do not apply to any state officer whose salary is fixed by statute.

history: (History: Amended by Stats. 1981, Ch. 230, Sec. 7.)

division: 5. PERSONNEL

chapter: 1. Salaries

article: 1. General

path: 2. GOVERNMENT OF THE STATE OF CALIFORNIA > 5. PERSONNEL > 1. Salaries > 1. General


text:
(a) Notwithstanding Sections 18000 and 19990, any officer or employee of the state may receive for his or her personal use compensation from any nonprofit corporation formed exclusively to aid and assist an entity described in subdivision (b) for services rendered to the nonprofit corporation and for his or her expenses of performing these services, provided that the nonprofit corporation obtains the prior written approval of the Department of Human Resources to provide the compensation to any officer or employee and files with the Controller and the Department of Human Resources by September 30 of each year a statement disclosing the names of state officers and employees compensated and their respective amounts of compensation for the preceding fiscal year, and the giving or receipt of the compensation is not in violation of any state or federal law. Any subsequent changes to the compensation for any officer or employee provided under this section must be approved by the Department of Human Resources.

The board of directors of the entities described in subdivision (b) shall determine whether the services are incompatible with the state responsibilities of the officer or employee and whether the services rendered to the nonprofit corporation interfere with the officer’s or employee’s full-time obligation to the state. The board of directors of the entities described in subdivision (b) also shall review any issues of compliance of the nonprofit corporation with the terms of any contractual arrangements with the state independently of the officer’s or employee’s receiving compensation from the nonprofit corporation.

(b) Any officer or employee of the state may be compensated, as described in subdivision (a), by a nonprofit corporation formed to aid and assist any of the following entities:

(1) A state museum.

(2) A district agricultural association, as provided for in Section 3951 of the Food and Agricultural Code.

history: (History: Amended by Stats. 2012, Ch. 665, Sec. 54. (SB 1308) Effective January 1, 2013.)

article: 1. General


text:
(a) The services of a California Science and Technology Policy Fellow provided by the California Council on Science and Technology and duly authorized by an executed memorandum of understanding between the council and an executive branch agency or department are not compensation of a state elective or appointive officer for the purposes of this article.

(b) For purposes of this section, a California Science and Technology Policy Fellow is “duly authorized by an executed memorandum of understanding between the council and an executive branch agency or department” only if both of the following requirements are satisfied:

(1) The California Science and Technology Policy Fellow has been selected according to criteria, and pursuant to a process, included in the executed memorandum of understanding between the council and an executive branch agency or department.

(2) The California Council on Science and Technology has executed an agreement with an executive branch agency or department whereby the California Science and Technology Policy Fellow is bound to abide by standards of conduct, economic interest disclosure requisites, and other requirements specified by the state.

(c) This section does not constitute a change in, but is declaratory of, existing law.

history: (History: Added by Stats. 2023, Ch. 112, Sec. 2. (SB 698) Effective January 1, 2024.)

article: 1. General


text:
(a) The services of a policy fellow provided by an association are not compensation of a state elective or appointive officer for the purposes of this article.

(b) For purposes of this section, “association” means any of the following organizations that are exempt from taxation under Section 501(c)(3) of the federal Internal Revenue Code:

(1) The Asian Pacific Islander Capitol Association.

(2) The California Legislative Black Staff Association.

(3) The Capitol LGBTQ Association.

(4) The California Latino Capitol Association Foundation.

(c) This section does not constitute a change in, but is declaratory of, existing law.

history: (History: Added by Stats. 2024, Ch. 238, Sec. 2. (AB 2573) Effective January 1, 2025.)

article: 1. General


text: Every employee has the right to inspect personnel records pursuant to Section 1198.5 of the Labor Code.

history: (History: Added by Stats. 2000, Ch. 886, Sec. 5. Effective January 1, 2001.)

article: 1. General


text: The Controller may, prior to the close of any pay roll period, draw his warrant in favor of any officer or employee covering the total salary or compensation earnable by him during that pay roll period, and may deliver the same to an authorized officer of the state agency within which the payee is employed, whether or not such salary or compensation is already earned in full. Upon delivery of any warrant to an authorized officer of a state agency as provided herein, the Controller and his bondsmen shall be under no further obligation for the proper disbursement of the amount of the warrant or the money represented by it. The Controller, pursuant to the provisions of Article 5 (commencing with Section 11346) of Chapter 3.5 of Division 3 of Title 2, shall adopt rules and regulations for the delivery of payroll warrants to employees.

history: (History: Amended by Stats. 1981, Ch. 307, Sec. 1.)

article: 1. General


text:
(a) Any report, study, audit, evaluation, survey, or similar document prepared by any state officer or state agency, which discloses any change in the numbers of state employees or personnel years over any period of time, shall also segregate the numbers of counted state employees or personnel years which are attributable to positions which are fully reimbursed by a local government agency pursuant to a contract with the Department of Forestry and Fire Protection.

(b) Those positions attributed to local government contracts with the Department of Forestry and Fire Protection shall not be subject to state personnel ceilings and hiring freezes.

history: (History: Amended by Stats. 1992, Ch. 427, Sec. 52. Effective January 1, 1993.)

article: 1. General


text: The oath required by this chapter is the oath set forth in Section 3 of Article XX of the Constitution of California.

history: (History: Amended by Stats. 1953, Ch. 1250.)

chapter: 2. Oaths for State Employees

path: 2. GOVERNMENT OF THE STATE OF CALIFORNIA > 5. PERSONNEL > 2. Oaths for State Employees


text: If the provisions of this chapter are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act.

history: (History: Added by Stats. 1979, Ch. 1072.)


text:
The oath required by this chapter shall be taken and subscribed by:

(a) Every person who is appointed to a State position not in the State civil service and not otherwise so required by law, within 30 days of the date of appointment; and

(b) Every person who has not previously taken and subscribed the oath and who is employed in a permanent position in the State civil service where the employment continues for 30 days or more, within the first 30 days of his employment.

history: (History: Added by Stats. 1945, Ch. 123.)


text: The method and manner of taking, subscribing, and filing the oath by a person appointed to a State position not in the state civil service shall be as provided in Article 4 (commencing with Section 1360) of Chapter 2 of Division 4 of Title 1.

history: (History: Amended by Stats. 2017, Ch. 561, Sec. 83. (AB 1516) Effective January 1, 2018.)


text:
The oath shall be taken by a state civil service employee before his appointing power or before any person authorized in writing by his appointing power or before any person authorized by law to administer oaths.

The oath shall be filed as prescribed by State Personnel Board rule within 30 days of the date on which it is taken and subscribed. The board shall prepare and furnish printed forms of the oath.

history: (History: Amended by Stats. 1967, Ch. 159.)


text: Any person who is appointed to a State position not in the State civil service and who fails to take the oath required by this chapter within the time provided forthwith forfeits his right to his position, and the position shall be considered vacant.


text: The failure of any person who is appointed to a permanent position in the State civil service to take and subscribe the oath within the time provided in this chapter, is a cause for dismissal by the State Personnel Board.


text: Each civil service employee who takes, subscribes and files the oath within the time prescribed by Section 18151 is conclusively presumed to have been and to be legally holding his position as far as laws requiring him to take, subscribe, or file an oath are concerned.


text: Every appointing power shall notify every new civil service employee immediately following his appointment of the provisions of this chapter that are applicable to the employee.


text: No fee shall be charged by any person before whom the oath is taken and subscribed.


text:
A person shall not be knowingly employed by any state agency or court who either directly or indirectly carries on, advocates, teaches, justifies, aids, or abets a program of sabotage, force and violence, sedition, or treason against the Government of the United States or of this state.

Any person employed by any state agency or court shall be immediately discharged from his employment when it becomes known to his appointing power that he has, during the period of his employment, committed any such act.

Money appropriated from the treasury shall not be expended to compensate any person whose employment is forbidden by this section.

If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act.

history: (History: Amended by Stats. 1979, Ch. 1072.)

chapter: 3. Loyalty

path: 2. GOVERNMENT OF THE STATE OF CALIFORNIA > 5. PERSONNEL > 3. Loyalty


text: 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. Nothing in this chapter repeals or diminishes additional requirements imposed by statute.

history: (History: Added by Stats. 1996, Ch. 935, Sec. 1. Effective January 1, 1997.)

chapter: 4. Administrative Regulations

path: 2. GOVERNMENT OF THE STATE OF CALIFORNIA > 5. PERSONNEL > 4. Administrative Regulations


text: Regulations adopted by the State Personnel Board 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.


text:
For the purposes of this chapter, “regulation” means every rule, regulation, order, or standard of general application adopted or amended by the board 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 that does not in itself significantly affect the rights, privileges, or duties of state agencies, 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.


text:
A regulation concerning the following may be adopted without public notice or comment:

(a) Selection and examinations. However, all of these rules shall be reasonably available to all interested parties.

(b) Classification.


text:
(a) The procedures set forth in subdivisions (b), (c), and (d) shall apply to the adoption of a regulation concerning all matters not specified in Section 18213, 18215, or 18216.

(b) The board shall prepare and submit to the Office of Administrative Law for publication in the California Regulatory Notice Register 30 days prior to board action a notice of the proposed action.

(c) The board shall mail a notice of the proposed action 30 days prior to board 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 shall do all of the following:

(1) Provide opportunity for written comment to the board, and oral comment at board meetings or hearings.

(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.


text:
(a) Except as provided in subdivision (b), regulations concerning the following subject matters shall be subject to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3):

(1) Board hearing procedures relating to public testimony and participation, except a procedure that is expressly required by statute.

(2) Board hearing procedures relating to disciplinary and merit matters, and disability discrimination complaints, including claims of discrimination based upon medical condition, mental disability or physical disability and denial of reasonable accommodation, unless the board hearing procedures are mandated by statutes, court decisions, or board precedential decisions. However, rulings within the discretion of an administrative law judge are not subject to this article.

(3) Drug testing.

(4) Grounds for employee discipline.

(b) Notwithstanding subdivision (a), the following provisions of the Administrative Procedure Act shall not apply to regulations concerning the subject matters specified in subdivision (a):

(1) Paragraph (1) of subdivision (a) of, and paragraphs (4) and (5) of subdivision (b) of, Section 11346.2.

(2) Section 11346.3.

(3) Paragraph (3) of subdivision (a) of Section 11346.4.

(4) Subparagraph (B) of paragraph (3) of, and paragraphs (5) and (7) to (12), inclusive, of, subdivision (a) of Section 11346.5.

(5) Paragraphs (2), (4), and (5) of subdivision (a) of Section 11346.9.

(6) Paragraphs (6) and (7) of subdivision (b) of Section 11347.3.

(7) Subdivisions (a), (e), and (f) of Section 11349.

(8) Paragraphs (1), (5), and (6) of subdivision (a) of, and paragraph (3) of subdivision (d) of, Section 11349.1.

history: (History: Amended by Stats. 2014, Ch. 223, Sec. 1. (SB 1206) Effective January 1, 2015.)


text: Regulations concerning contracting out shall be subject to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3).


text:
(a) State agencies, when hiring for internships and student assistant positions, shall give preference to a qualified applicant who is, or has been, a dependent child in foster care, a homeless youth, a formerly incarcerated youth, or a victim of human trafficking. The preference shall be granted to applicants who are up to 26 years of age.

(b) Any application for an internship and student assistant position with a state agency shall allow the applicant to identify that the applicant is eligible for a preference under this section, but the application shall not require the applicant to identify the specific category that entitles them to eligibility.

(c) For the purpose of this section, the following definitions shall apply:

(1) “Preference” means priority over similarly qualified applicants for placement in the position.

(2) “Homeless youth” means an applicant up to 26 years of age, who has been verified as a homeless child or youth, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), by at least one of the following:

(A) A homeless services provider, as defined in paragraph (3) of subdivision (d) of Section 103577 of the Health and Safety Code.

(B) The director of a federal TRIO program or a Gaining Early Awareness and Readiness for Undergraduate Programs program, or a designee.

(C) A financial aid administrator.

(3) “Formerly incarcerated youth” means an individual who has been sentenced to incarceration in, or the custody of, the Division of Adult Operations in the Department of Corrections and Rehabilitation, Division of Juvenile Justice in the Department of Corrections and Rehabilitation, or county jail and released from that incarceration or custody before the individual attained 21 years of age.

(4) “Victim of human trafficking” means a victim of an offense described in Section 236.1 of the Penal Code.

history: (History: Amended by Stats. 2021, Ch. 204, Sec. 1. (AB 1031) Effective January 1, 2022.)

chapter: 5. Interns and Student Assistants

path: 2. GOVERNMENT OF THE STATE OF CALIFORNIA > 5. PERSONNEL > 5. Interns and Student Assistants


text:
It is the purpose of this part:

(a) To facilitate the operation of Article VII of the Constitution.

(b) To promote and increase economy and efficiency in the state service.

(c) To provide a comprehensive personnel system for the state civil service, in which:

(1) Positions involving comparable duties and responsibilities are similarly classified and compensated.

(2) Appointments are based upon merit and fitness ascertained through practical and competitive examination.

(3) State civil service employment is made a career by providing for security of tenure and the advancement of employees within the service insofar as consistent with the best interests of the state.

(4) The rights and interests of the state civil service employee are given consideration insofar as consistent with the best interests of the state.

(5) Applicants and employees are treated in an equitable manner without regard to political affiliation, race, color, sex, religious creed, national origin, ancestry, marital status, age, sexual orientation, disability, political or religious opinions or nonjob-related factors.

(6) Tenure of civil service employment is subject to good behavior, efficiency, the necessity of the performance of the work, and the appropriation of sufficient funds.

history: (History: Amended by Stats. 1988, Ch. 1193, Sec. 1.)

chapter: 1. General

article: 1. Purpose

path: 2. GOVERNMENT OF THE STATE OF CALIFORNIA > 5. PERSONNEL > 1. General > 1. Purpose


text: This part and Part 2.6 shall be known as the State Civil Service Act.

history: (History: Added by Stats. 2012, Ch. 360, Sec. 9. (SB 1309) Effective January 1, 2013.)

article: 1. Purpose


text:
(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 pursuant to Article VII of the California Constitution, this code, the merit principle, and applicable rules duly adopted by the State Personnel Board.

(b) (1) The State Personnel Board shall prescribe rules consistent with a merit based civil service system to govern appointments, classifications, examinations, probationary periods, disciplinary actions, and other matters related to the board’s authority under Article VII of the California 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, and shall post notices of proposed changes to regulations for public comment.

(2) The department and the State Personnel Board shall enter into a memorandum of understanding to determine areas of compliance for nonmerit-related audits and to train State Personnel Board staff on the areas of compliance.

(c) This section 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.

history: (History: Amended by Stats. 2022, Ch. 313, Sec. 2. (AB 1604) Effective January 1, 2023.)

article: 1. Purpose


text: Unless the context requires otherwise, the definitions hereinafter set forth govern the construction of this part and the rules adopted hereunder.

article: 2. Definitions

path: 2. GOVERNMENT OF THE STATE OF CALIFORNIA > 5. PERSONNEL > 1. General > 2. Definitions


text: “Board” means the agency created by Section 2 of Article VII of the California Constitution and includes the “State Personnel Board” provided in Section 2(a) and the “executive officer” provided in Section 2(c) thereof. The board shall be within the Government Operations Agency.

history: (History: Amended by Stats. 2013, Ch. 352, Sec. 301. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)

article: 2. Definitions


text: “Department” means the Department of Human Resources.

history: (History: Added by Stats. 2012, Ch. 360, Sec. 11. (SB 1309) Effective January 1, 2013.)

article: 2. Definitions


text:
“Position” means any office or employment in the “state civil service” as the phrase is defined in Section 1 of Article VII of the Constitution.

“Former position” means either of the following:

(a) A position in the classification to which an employee was last appointed as a probationer, permanent employee, or career executive, under the same appointing power where that position was held, and within a designated geographical, organizational, or functional subdivision of that state agency.

(b) With the concurrence of both the appointing power and the employee, a position in a different classification to which the same appointing power could have assigned such an employee in accordance with this part. However, the former position shall not include positions from which the employee has been separated through disciplinary action, rejected during a probationary period, terminated under Section 19889.3, or terminated, demoted, or transferred in accordance with Section 19253.5; or terminated on a nonpunitive basis under Section 19585.

history: (History: Amended by Stats. 2012, Ch. 360, Sec. 12. (SB 1309) Effective January 1, 2013.)

article: 2. Definitions


text: “Class” means a group of positions sufficiently similar with respect to duties and responsibilities that the same title may reasonably and fairly be used to designate each position allocated to the class and that substantially the same tests of fitness may be used and that substantially the same minimum qualifications may be required and that the same schedule of compensation may be made to apply with equity.

history: (History: Amended by Stats. 1955, Ch. 1227.)

article: 2. Definitions


text: “Appointing authority” or “appointing power” means a person or group having authority to make appointments to positions in the state civil service.

history: (History: Amended by Stats. 2012, Ch. 360, Sec. 13. (SB 1309) Effective January 1, 2013.)

article: 2. Definitions


text: “Appointment” means the offer to and acceptance by a person of a position in the State civil service in accordance with this part.

article: 2. Definitions


text: “Promotion” means the appointment of an employee to a position in a different class with a higher salary range, unless the appointment is by transfer, as defined by subdivision (b) of Section 18525.3.

history: (History: Added by Stats. 1989, Ch. 103, Sec. 1.)

article: 2. Definitions


text: “Demotion” means the appointment of an employee to a position in a different class with a lower salary range, as provided by Section 19253 if voluntary, by Section 19253.5 if for medical reasons, or by Section 19570 if by adverse action.

history: (History: Added by Stats. 1989, Ch. 103, Sec. 2.)

article: 2. Definitions


text:
“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 different class to which the employee satisfies the minimum qualifications and that has substantially the same level of duties, responsibility, and salary as determined by board rule.

history: (History: Amended by Stats. 2018, Ch. 53, Sec. 18. (SB 866) Effective June 27, 2018.)

article: 2. Definitions


text: “Employee” means a person legally holding a position in the State civil service.

history: (History: Added by Stats. 1945, Ch. 123.)

article: 2. Definitions


text: “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.

history: (History: Amended by Stats. 2013, Ch. 427, Sec. 6. (AB 1062) Effective January 1, 2014.)

article: 2. Definitions


text: “Permanent employee” means an employee who has permanent status. “Permanent status” means the status of an employee who is lawfully retained in his or her position after the successful completion of the probationary period. “Permanent status” also means an employee who is lawfully appointed to his or her position after successful completion of the job examination period under the Limited Examination and Appointment Program.

history: (History: Amended by Stats. 2018, Ch. 53, Sec. 19. (SB 866) Effective June 27, 2018.)

article: 2. Definitions


text: “Temporary employee” means an employee holding a position under temporary appointment. “Temporary appointment” means an appointment made in the absence of any appropriate employment list permitted by Section 5 of Article VII of the Constitution.

history: (History: Amended by Stats. 1985, Ch. 794, Sec. 5.)

article: 2. Definitions


text: “Limited term employee” means an employee whose appointment as a result of reinstatement or certification from an employment list shall not exceed two years, as specified by Section 19080.3.

history: (History: Amended by Stats. 1982, Ch. 702, Sec. 1.)

article: 2. Definitions


text: “Emergency employee” means an employee holding a position under emergency appointment. “Emergency appointment” means an appointment made for a period not to exceed 60 working days either during an actual emergency to prevent the stoppage of public business or because of the limited duration of the work.

history: (History: Amended by Stats. 1981, Ch. 48, Sec. 1.)

article: 2. Definitions


text:
“Eligible list” means a list of persons who have been examined in an open competitive examination and are eligible for certification for a specific class.

“Limited term list” means an eligible list established for use exclusively in making limited term appointments.

history: (History: Amended by Stats. 1951, Ch. 862.)

article: 2. Definitions


text: “Preferred limited term list” means a list of persons who have served under limited-term appointment and who, in accordance with rule, are granted eligibility for additional limited-term appointments.

history: (History: Amended by Stats. 2013, Ch. 427, Sec. 8. (AB 1062) Effective January 1, 2014.)

article: 2. Definitions


text: “Departmental eligible list” means a list of persons who have been examined in an open competitive examination and who are eligible for certification for a specific class for a particular appointing power.

history: (History: Added by Stats. 1982, Ch. 883, Sec. 1.)

article: 2. Definitions


text:
(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.

(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.

history: (History: Amended by Stats. 2013, Ch. 427, Sec. 9. (AB 1062) Effective January 1, 2014.)

article: 2. Definitions


text: “General reemployment list” means a list established for the reemployment of persons in a particular class in any State agency, irrespective of the State agency in which the persons were previously employed.

article: 2. Definitions


text: “Departmental reemployment list” means a list established for the reemployment of persons in a particular class in a particular State agency.

article: 2. Definitions


text: “Subdivisional reemployment list” means a list established for the reemployment of persons in a particular class in a particular subdivision of a State agency.

article: 2. Definitions


text: “Employment list” means preferred limited-term list, limited-term list, eligible list, departmental eligible list, subdivisional promotional list, departmental promotional list, multidepartmental promotional list, servicewide promotional list, departmental reemployment list, subdivisional reemployment list and general reemployment list.

history: (History: Amended by Stats. 1982, Ch. 883, Sec. 2.)

article: 2. Definitions


text: “Part” means this part, Part 2.5 (commencing with Section 19800), and Part 2.6 (commencing with Section 19815) and those portions of Part 1 (commencing with Section 18000) that confer powers or impose duties on the board or the department.

history: (History: Amended by Stats. 2012, Ch. 360, Sec. 14. (SB 1309) Effective January 1, 2013.)

article: 2. Definitions


text: “Armed forces” means the United States Air Force, Army, Navy, Marine Corps, Space Force, and Coast Guard.

history: (History: Amended by Stats. 2022, Ch. 379, Sec. 9. (AB 1715) Effective January 1, 2023.)

article: 2. Definitions


text: “National emergency” as used in this part means any period in which the United States is at war prior to the declaration by the Governor of a state military emergency.

history: (History: Added by Stats. 1949, Ch. 808.)

article: 2. Definitions


text: “State military emergency,” as used in this part, means an emergency declared and terminable by the Governor by proclamation during, but not limited to, such times as the United States is conscripting personnel for service in the armed forces.

article: 2. Definitions


text: “Recognized military service” means full-time service by a person in the armed forces during the national emergency or a state military emergency.

article: 2. Definitions


text: “Veteran” means: Any person who has served full time in the armed forces in time of national emergency or state military emergency or during any expedition of the armed forces and who has been discharged or released under conditions other than dishonorable.

article: 2. Definitions


text: “Disabled veteran” means any veteran as defined in Section 18540.4 who is currently declared by the United States Veterans Administration to be 10 percent or more disabled as a result of service in the armed forces. Proof of such disability shall be deemed conclusive if it is of record in the United States Veterans Administration.

history: (History: Amended by Stats. 1949, Ch. 808.)

article: 2. Definitions


text: “Rehabilitation” as used within this part shall mean a restoration of veterans declared to be 10 per cent or more disabled, either physically or mentally.

history: (History: Added by Stats. 1945, Ch. 45.)

article: 2. Definitions


text: “Military leave” means the leave of absence status of a permanent employee or probationer who leaves a position to serve in the armed forces of the United States in time of national emergency or state military emergency and who has the right under statutes relating to reinstatement of persons after military service to return to his position.

article: 2. Definitions


text: “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 rules.

history: (History: Amended by Stats. 2013, Ch. 427, Sec. 12. (AB 1062) Effective January 1, 2014.)

article: 2. Definitions


text: “Duration examination” means an open competitive examination, or promotional examination, held for the express purpose of providing a list of persons available for duration employment. Employment lists resulting from duration examinations can be used only in making appointments for duration employment.

history: (History: Amended by Stats. 1955, Ch. 1227.)

article: 2. Definitions


text: “Career executive” means an employee appointed from an employment list established for the express purpose of providing a list of persons who are eligible for career executive assignments, as specified in Article 5 (commencing with Section 18990) of Chapter 4 and Article 9 (commencing with Section 19889) of Chapter 2.5 of Part 2.6, in which examination, selection, classification, salary, tenure, and other conditions of employment may be varied from those prevailing under Chapter 3 (commencing with Section 18800) to Chapter 7 (commencing with Section 19570), inclusive, for other employees in the state civil service.

history: (History: Amended by Stats. 2015, Ch. 322, Sec. 5. (SB 99) Effective September 22, 2015.)

article: 2. Definitions


text: “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.

history: (History: Amended by Stats. 1985, Ch. 794, Sec. 9.)

article: 2. Definitions


text: A “full-time” position or appointment is a position or appointment in which the employee is to work the amount of time required for the employee to be compensated at a full-time rate.

history: (History: Added by Stats. 1983, Ch. 387, Sec. 1.)

article: 2. Definitions


text: A “part-time” position or appointment is a position or appointment in which the employee is to work a specific fraction of the full-time work schedule.

history: (History: Added by Stats. 1983, Ch. 387, Sec. 2.)

article: 2. Definitions


text: An “intermittent” position or appointment is a position or appointment in which the employee is to work periodically or for a fluctuating portion of the full-time work schedule.

history: (History: Added by Stats. 1983, Ch. 387, Sec. 3.)

article: 2. Definitions


text: “Core competencies” mean the particular education, experience, knowledge, and abilities that each applicant is required to have in order to be considered eligible for a particular group of classifications.

history: (History: Added by Stats. 2022, Ch. 313, Sec. 3. (AB 1604) Effective January 1, 2023.)

article: 2. Definitions


text: This part shall be known as the State Civil Service Act.

history: (History: Added by Stats. 1945, Ch. 123.)

article: 3. General Provisions

path: 2. GOVERNMENT OF THE STATE OF CALIFORNIA > 5. PERSONNEL > 1. General > 3. General Provisions


text: Unless the context otherwise requires, the general provisions hereinafter set forth govern the construction of this part.

article: 3. General Provisions


text: Whenever a power is granted or a duty imposed upon an appointing power, the power may be exercised or the duty performed by a deputy of the appointing power or by a person authorized pursuant to law by him, unless it is expressly otherwise provided.

article: 3. General Provisions


text:
Each appointing power shall provide access to records and prepare reports as required by the board or the department.

Information given to the board and the department by any person shall not be open to public inspection except under conditions prescribed by board rule, except that a person may inspect any record relating to his or her own services.

history: (History: Amended by Stats. 2012, Ch. 360, Sec. 15. (SB 1309) Effective January 1, 2013.)

article: 3. General Provisions


text: All officers and employees of the state and any county, city, district, or other subdivision of the state recognized by law shall aid in all proper ways in carrying this part and the board rules into effect, allow the reasonable use of public buildings, and heat and light them for the purpose of making examinations of applicants and holding hearings and investigations under this part. Officers and employees shall afford to the board and the Department of Human Resources, or the board’s or department’s authorized representatives, all reasonable facilities, permit inspection of all books and papers applying or in any way appertaining to all offices subject to the authority of the state, produce the books or papers, and attend and testify when required so to do.

history: (History: Amended by Stats. 2012, Ch. 665, Sec. 56. (SB 1308) Effective January 1, 2013.)

article: 3. General Provisions


text:
(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) (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.

history: (History: Amended by Stats. 2013, Ch. 427, Sec. 13. (AB 1062) Effective January 1, 2014.)

article: 3. General Provisions


text: Judicial notice shall be taken of board and department rules, regulations, and amendments.

history: (History: Amended by Stats. 2012, Ch. 360, Sec. 16. (SB 1309) Effective January 1, 2013.)

article: 3. General Provisions


text: Whenever this part refers to “board rules,” “rules of the board,” “rules,” or makes a similar reference, that reference authorizes the board to make rules concerning the subject matter for which that reference is made.

history: (History: Amended by Stats. 2018, Ch. 53, Sec. 20. (SB 866) Effective June 27, 2018.)

article: 3. General Provisions


text: This part does not prohibit any state agency which is authorized by law to contract for such services from contracting with an independent contractor for the performance of work of a character for which a license is required under Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, the performance of which work can not satisfactorily be secured by appointments under this part.

history: (History: Amended by Stats. 1982, Ch. 454, Sec. 68.)

article: 4. Scope

path: 2. GOVERNMENT OF THE STATE OF CALIFORNIA > 5. PERSONNEL > 1. General > 4. Scope


text: The “state civil service” includes state officers and employees, appointed or employed by or under the Adult Authority or the Director of Corrections, and who are engaged exclusively in the administration or enforcement, or the performance or discharge, of the laws, rules or regulations, or the powers or duties thereunder, governing persons under commitment to the Department of Corrections or on parole from a state prison.

history: (History: Amended by Stats. 1953, Ch. 1458.)

article: 4. Scope


text: The “state civil service” shall include all fire protection personnel employed at the Armed Forces Reserve Center in Los Alamitos.

history: (History: Added by Stats. 1993, Ch. 310, Sec. 1. Effective January 1, 1994. Conditionally operative as prescribed by Secs. 2 and 3 of Ch. 310.)

article: 4. Scope


text: The “state civil service” shall include all personnel appointed or employed in the Bureau of Pupil Personnel Services in the Division of Instruction of the Department of Education.

history: (History: Amended by Stats. 1968, Ch. 449.)

article: 4. Scope


text: The “state civil service” shall include all vocational education personnel appointed or employed in the State Department of Education, who are now excluded because they are engaged in work financed in whole or in part with federal funds or in work done by co-operation between the state and the federal government.

history: (History: Amended by Stats. 1982, Ch. 454, Sec. 69.)

article: 4. Scope


text: The “state civil service” shall include all teachers who have been employed for a period of six months at the Orientation Center for the Blind who are now excluded under subdivision (i) of Article VII of the Constitution.

history: (History: Amended by Stats. 1985, Ch. 794, Sec. 13.)

article: 4. Scope


text:
The “state civil service” shall include all personnel appointed or employed in the Bureau of National Defense Education Act Administration of the Department of Education.

Personnel of the Bureau of National Defense Education Act Administration who on the effective date of this section hold, and for six months or more preceding that date have held, the positions of Chief, Bureau of National Defense Education; Assistant Chief, Bureau of National Defense Education; education research project investigator; or consultant in national defense education are permanent employees. All other personnel of that bureau holding such a position on the effective date of this act are temporary employees whose term of temporary appointment begins on the effective date of this act.

history: (History: Added by Stats. 1965, Ch. 919.)

article: 4. Scope


text:
(a) The “state civil service” does not include a California Science and Technology Policy Fellow provided by the California Council on Science and Technology and duly authorized by an executed memorandum of understanding between the council and an executive branch agency or department.

(b) For purposes of this section, a California Science and Technology Policy Fellow is “duly authorized by an executed memorandum of understanding between the council and an executive branch agency or department” only if both of the following requirements are satisfied:

(1) The California Science and Technology Policy Fellow has been selected according to criteria, and pursuant to a process, included in the executed memorandum of understanding between the council and an executive branch agency or department.

(2) The California Council on Science and Technology has executed an agreement with an executive branch agency or department whereby the California Science and Technology Policy Fellow is bound to abide by standards of conduct, economic interest disclosure requisites, and other requirements specified by the state.

(c) This section does not constitute a change in, but is declaratory of, existing law.

history: (History: Added by Stats. 2023, Ch. 112, Sec. 3. (SB 698) Effective January 1, 2024.)

article: 4. Scope


text:
(a) The “state civil service” does not include a policy fellow provided by an association.

(b) For purposes of this section, “association” means any of the following organizations that are exempt from taxation under Section 501(c)(3) of the federal Internal Revenue Code:

(1) The Asian Pacific Islander Capitol Association.

(2) The California Legislative Black Staff Association.

(3) The Capitol LGBTQ Association.

(4) The California Latino Capitol Association Foundation.

(c) This section does not constitute a change in, but is declaratory of, existing law.

history: (History: Added by Stats. 2024, Ch. 238, Sec. 3. (AB 2573) Effective January 1, 2025.)

article: 4. Scope


text: The annual salary of each member of the board is provided for by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3. Each member shall also receive his or her actual and necessary traveling expenses incurred in the course of his or her duties.

history: (History: Amended by Stats. 1982, Ch. 454, Sec. 70.)

chapter: 2. Administration

article: 1. The State Personnel Board

path: 2. GOVERNMENT OF THE STATE OF CALIFORNIA > 5. PERSONNEL > 2. Administration > 1. The State Personnel Board


text: The board may appoint and fix the compensation of a secretary and such other personnel as is necessary to carry out and perform the powers, duties, purposes, functions and jurisdiction of the board.

article: 1. The State Personnel Board


text: 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.

article: 1. The State Personnel Board


text:
The board shall meet in Sacramento as often as the needs of the public service may require and in such other places as it may designate. A majority of the members of the board constitutes a quorum. The vote of three concurring members shall be required to make any action of the board effective. The board shall keep minutes of its own proceedings and record its official actions.

The board may hold executive sessions as provided in Section 11126 of the Government Code to deliberate on (1) recommendations to the Governor or the Legislature, or (2) decisions to be reached following hearings related to the administration of the provisions of Part 1 (commencing with Section 18000) and Part 2 (commencing with Section 18500) of Division 5, of Title 2 of the Government Code or of the rules thereunder.

history: (History: Amended by Stats. 1969, Ch. 371.)

article: 1. The State Personnel Board


text:
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 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.

history: (History: Amended by Stats. 2013, Ch. 427, Sec. 14. (AB 1062) Effective January 1, 2014.)

article: 1. The State Personnel Board


text: The executive officer shall administer the civil service statutes and rules, subject to the right of appeal to the board.

history: (History: Amended by Stats. 2013, Ch. 427, Sec. 15. (AB 1062) Effective January 1, 2014.)

article: 1. The State Personnel Board


text: 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.

history: (History: Amended by Stats. 2013, Ch. 427, Sec. 16. (AB 1062) Effective January 1, 2014.)

article: 1. The State Personnel Board


text:
The Attorney General shall render such opinions to and represent the board or any member in such matters as may be requested by the board or any such member. The district attorneys and other prosecuting attorneys of counties and cities shall prosecute violations of this part.

Upon request of the board, the Attorney General may appoint a special attorney to prosecute the violations specified in the request.

The board may appoint and fix the compensation of an attorney to advise and represent it in any matter in which any party thereto has been previously advised or represented by the Attorney General.

history: (History: Added by Stats. 1945, Ch. 123.)

article: 1. The State Personnel Board


text: Pursuant to Section 3 of Article VII of the California Constitution, the board shall establish rules implementing and enforcing the merit principle in the state civil service system.

history: (History: Added by Stats. 2012, Ch. 360, Sec. 17. (SB 1309) Effective January 1, 2013.)

article: 1.5. Policy and Audit

path: 2. GOVERNMENT OF THE STATE OF CALIFORNIA > 5. PERSONNEL > 2. Administration > 1.5. Policy and Audit


text:
(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:

(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.

history: (History: Amended by Stats. 2013, Ch. 427, Sec. 17. (AB 1062) Effective January 1, 2014.)

article: 1.5. Policy and Audit


text:
(a) The board shall determine the total annual cost associated with the board’s audit authority. The board shall recover costs by billing appointing authorities in accordance with subdivision (b).

(b) (1) Except as specified in paragraph (2), an appointing authority shall be charged annually a proportional share of audit costs, based on criteria determined by the board.

(2) An appointing authority may elect to be charged for costs in arrears incurred by the board for auditing the appointing authority’s personnel practices. Charges in arrears shall be on a basis as determined by the board. An election pursuant to this paragraph shall be made only within a period determined by the board.

(c) The board shall also determine the costs associated with any special investigations conducted by the board. The board shall recover those costs by charging an appointing authority in arrears, on a basis as determined by the board, for any special investigation conducted by the board.

(d) Pursuant to Section 11255, the Controller shall transfer to the board any moneys owed to the board by any appointing authority for charges due under this section.

(e) On or before October 1, 2014, and every October 1 thereafter, the board shall report to the Chairperson of the Joint Legislative Budget Committee the audit and special investigation activities of the board pursuant to this article from the preceding fiscal year. The board shall include in the report the following information:

(1) A summary of each audit and special investigation, including findings.

(2) The number and total cost of audits and special investigations, by department.

history: (History: Repealed and added by Stats. 2013, Ch. 28, Sec. 24. (SB 71) Effective June 27, 2013.)

article: 1.5. Policy and Audit


text:
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 and under Section 3254.6. 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.

history: (History: Amended by Stats. 2021, Ch. 722, Sec. 4. (SB 206) Effective January 1, 2022.)

article: 2. Investigations and Hearings

path: 2. GOVERNMENT OF THE STATE OF CALIFORNIA > 5. PERSONNEL > 2. Administration > 2. Investigations and Hearings


text: Such hearings and investigations may be conducted by the board, any member, or any authorized representative of the board. Any authorized person conducting such hearing or investigation may administer oaths, subpoena and require the attendance of witnesses and the production of books or papers, and cause the depositions of witnesses residing within or without the state to be taken in the manner prescribed by law for like depositions in civil cases in the superior court of this state under Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure.

history: (History: Amended by Stats. 2004, Ch. 182, Sec. 44. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)

article: 2. Investigations and Hearings


text:
(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 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 appeal to the decision of the board shall not exceed six months.

(c) The provisions described in subdivision (b) relating to the six-month 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.

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

history: (History: Amended by Stats. 2013, Ch. 427, Sec. 19. (AB 1062) Effective January 1, 2014.)

article: 2. Investigations and Hearings


text:
(a) The board shall determine the total cost to the state of maintaining and operating the hearing office of the board, in advance or upon any other basis as it may determine, utilizing information from the state agencies for which services are provided by the hearing office.

(b) The board shall be reimbursed for the entire cost of hearings conducted by the hearing office pursuant to statutes administered by the board, or by interagency agreement. The board may bill the appropriate state agencies for the costs incurred in conducting hearings involving employees of those state agencies, and employees of the California State University pursuant to Sections 89535 to 89542, inclusive, of the Education Code, and 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 not administering their own merit systems pursuant to Chapter 1 (commencing with Section 19800) of Part 2.5. All costs collected by the board pursuant to this section shall be used only for purposes of maintaining and operating the hearing office of the board.

(c) Pursuant to Section 11255, the Controller shall transfer to the board, pursuant to Section 18675, any moneys owed to the board by any state agency or department for charges determined by the board as specified in subdivisions (a) and (b).

history: (History: Amended by Stats. 2013, Ch. 28, Sec. 25. (SB 71) Effective June 27, 2013.)

article: 2. Investigations and Hearings


text:
(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. 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.

(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.

history: (History: Amended by Stats. 2013, Ch. 427, Sec. 20. (AB 1062) Effective January 1, 2014.)

article: 2. Investigations and Hearings


text:
(a) A person served with a subpoena or a subpoena duces tecum may object to its terms by a motion for a protective order, including a motion to quash made orally to the board or its authorized representative or in writing.

(b) The objection shall be resolved by the board or its authorized representative on terms and conditions that he or she declares. The board or its authorized representative may make any other order that is appropriate to protect the parties or the witness from unreasonable or oppressive demands, including violations of the right to privacy.

history: (History: Added by Stats. 1997, Ch. 577, Sec. 2. Effective January 1, 1998.)

article: 2. Investigations and Hearings


text:
If a witness does not reside within 100 miles of the place where the hearing or investigation is held, is out of the state or is too infirm to attend the hearing or investigation, any party thereto at his or her own expense may cause his or her deposition to be taken.

If a “statewide” subpoena has been issued and served on a witness, his or her deposition shall not be used as evidence, but he or she shall be personally present at any hearing or investigation at which he or she is a witness. If the presence of any other witness cannot be procured at the time of the hearing or investigation, the deposition of that witness may be used in evidence by either party or the board.

history: (History: Amended by Stats. 1997, Ch. 577, Sec. 3. Effective January 1, 1998.)

article: 2. Investigations and Hearings


text:
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 subpoena to secure the attendance of those witnesses shall receive the same mileage as for the service by him or her of a writ or paper for the state. 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 subpoenaed by a state agency or its representative, the Controller shall draw his or her warrant for payment of fees and mileage when the amount is 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 agency. If a witness is subpoenaed by the accused or any person other than a state agency, his or her fees and mileage shall be paid by that person and are not proper charges against any state fund.

history: (History: Amended by Stats. 2013, Ch. 427, Sec. 21. (AB 1062) Effective January 1, 2014.)

article: 2. Investigations and Hearings


text:
(a) All hearings and investigations authorized by this part shall be governed by this part and by rules of practice and procedure adopted by the board. In the conduct of any hearing or investigation any informality in any proceeding or in the manner of taking testimony shall not invalidate any order, decision, or rule made, approved, or confirmed by the board.

(b) During the investigation or hearing of a complaint of discrimination, harassment, or retaliation of a state employee, the board hearing officer, the departmental hearing officer, the board investigator, or the departmental investigator shall give due consideration to current laws and decisions applicable to the state civil service in arriving at a recommended decision. The recommended decisions of the hearing officer and the board shall include references to those laws and decisions applied.

history: (History: Amended by Stats. 1985, Ch. 1154, Sec. 3.)

article: 2. Investigations and Hearings


text: 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 has been granted use and derivative use, or transactional immunity by the appropriate law enforcement authority.

history: (History: Amended by Stats. 2013, Ch. 427, Sec. 22. (AB 1062) Effective January 1, 2014.)

article: 2. Investigations and Hearings


text: A person who claims and is granted immunity prior to testimony or the production of books or papers, shall not be prosecuted, punished, or subjected to any penalty or forfeiture for or on account of any act, transaction, matter, or thing concerning which he or she shall, under oath, have testified or produced documentary evidence in any such hearing or investigation, except for perjury committed in so testifying.

history: (History: Amended by Stats. 1997, Ch. 577, Sec. 5. Effective January 1, 1998.)

article: 2. Investigations and Hearings


text: Any person served with a subpena to appear and testify or to produce books or papers issued in the course of any such investigation or hearing who disobeys or neglects to obey such subpena is guilty of a misdemeanor.

article: 2. Investigations and Hearings


text: The board and any person authorized by it to conduct a hearing or investigation is the head of a department within the meaning of Article 2, Chapter 2, Part 1, Division 3, Title 2.

article: 2. Investigations and Hearings


text: The remedy provided in Sections 11186 to 11188 inclusive is cumulative, and does not impair or interfere with either the power of the board or its authorized representative to conduct the hearing or investigation to enforce the attendance of witnesses and the production of books or papers or the power of any party to seek court enforcement of a subpoena issued by the board or its authorized representative.

history: (History: Amended by Stats. 1999, Ch. 310, Sec. 2. Effective January 1, 2000.)

article: 2. Investigations and Hearings


text: Whenever any matter is pending before the 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.

history: (History: Amended by Stats. 2013, Ch. 427, Sec. 23. (AB 1062) Effective January 1, 2014.)

article: 2. Investigations and Hearings


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

history: (History: Amended by Stats. 2013, Ch. 427, Sec. 24. (AB 1062) Effective January 1, 2014.)

article: 2. Investigations and Hearings


text:
(a) Whenever any employee, department, or other person actively interested in a matter before the board and for which a hearing will be or has been held, requests that the board prepare a transcript, the board may establish reasonable fees for the preparation, production, and dissemination of that transcript.

(b) The fee established by the board pursuant to subdivision (a) shall not exceed the prevailing rate or cost for a transcript, but shall in no event exceed the actual cost of preparation, production, and dissemination of a transcript.

history: (History: Added by Stats. 1987, Ch. 370, Sec. 1.)

article: 2. Investigations and Hearings


text: The board shall prescribe, amend, and repeal rules in accordance with law for the administration and enforcement of this part and other sections of this code over which the board is specifically assigned jurisdiction. Due notice of the contents of the rules shall be given to appointing powers and employees. Within a reasonable time after adoption, such rules and amendments shall be published in such manner as the board determines, and distributed free or at a reasonable cost.

history: (History: Amended by Stats. 1983, Ch. 527, Sec. 1.)

article: 3. General Powers and Duties

path: 2. GOVERNMENT OF THE STATE OF CALIFORNIA > 5. PERSONNEL > 2. Administration > 3. General Powers and Duties


text: The board shall create and adjust classes of positions in the state civil service in accordance with Article VII of the Constitution and this part.

history: (History: Amended by Stats. 1985, Ch. 794, Sec. 15.)

article: 3. General Powers and Duties


text: The board shall provide for dismissals, demotions, suspensions, and other adverse action for or in the state civil service in accordance with Article VII of the Constitution and this part.

history: (History: Amended by Stats. 1990, Ch. 478, Sec. 6.)

article: 3. General Powers and Duties


text: The board may make agreements with personnel agencies in other jurisdictions, political subdivisions, and state agencies excepted from the state civil service.

history: (History: Amended by Stats. 2012, Ch. 665, Sec. 57. (SB 1308) Effective January 1, 2013.)

article: 3. General Powers and Duties


text: The board and the Department of Human Resources may enter into agreements to make available their services and facilities, upon request, to any county, city, district or other subdivision of the state recognized by law, and to state agencies excepted from the state civil service, and they may enter into agreements for the exchange of personnel services or the utilization of the services and facilities. The agreements shall be approved by the Director of General Services.

history: (History: Amended by Stats. 2012, Ch. 665, Sec. 58. (SB 1308) Effective January 1, 2013.)

article: 3. General Powers and Duties


text: The board shall cooperate with the Director of Finance, the Department of Human Resources, the Controller, and other state agencies in matters not covered by this part and not inconsistent with this part to promote the efficient and economical administration of the state’s business.

history: (History: Amended by Stats. 2016, Ch. 31, Sec. 146. (SB 836) Effective June 27, 2016.)

article: 3. General Powers and Duties


text:
All orders and decisions of the board made pursuant to Article VII of the California Constitution or this part shall be obeyed by and are binding upon all parties to a proceeding before it, including, but not limited to, appointing powers and all their employees, including their personnel officers, regardless of whether an appointing power or other party agrees or disagrees with a decision or order of the board.

All orders and decisions, other than orders or decisions of the board itself, shall be reviewed by the executive officer or an employee of the board designated by the executive officer.

If any appointing power or other party refuses or neglects to comply with any such order or decision, the board may , in its sole discretion, after investigation with or without a hearing, do any of the following:

(a) Issue further findings interpreting or clarifying the order or decision.

(b) Issue further findings as to whether an appointing power or other party has or has not complied with the order or decision.

(c) Issue an order to show cause, directed to the appointing power, why the board should not file a petition for a writ of mandate to compel the appointing power to comply with the order or decision.

If the board finds that no good cause exists for the refusal or neglect of the appointing power or other party to comply with the order or decision, the board may issue a further order or decision consistent with its findings. Alternatively, the board may file a petition for a writ of mandate in the manner and in the court provided for by law to compel the appointing power or other party to comply with the order or decision.

This procedure for the enforcement of the orders and decisions of the board is in addition to any other means or procedure which may be provided by law. Nothing in this section shall preclude a party to a proceeding before the board from seeking judicial enforcement of an order or decision of the board.

history: (History: Amended by Stats. 1999, Ch. 310, Sec. 3. Effective January 1, 2000.)

article: 3. General Powers and Duties


text: The board and the Department of Human Resources may join associations of personnel agencies having as their purpose the interchanging or supplying of information relating to the technique of personnel administration.

history: (History: Amended by Stats. 2012, Ch. 665, Sec. 60. (SB 1308) Effective January 1, 2013.)

article: 3. General Powers and Duties


text:
(a) Nothing in this part shall preclude the Department of Human Resources from providing by rule for a system of adjusting employee grievances which shall be administered within the departments before recourse to any remedy provided in this part.

(b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act.

history: (History: Amended by Stats. 2012, Ch. 665, Sec. 61. (SB 1308) Effective January 1, 2013.)

article: 3. General Powers and Duties


text:
(a) The board shall develop objective criteria for determining the application of the state safety category of membership in the Public Employees’ Retirement System to positions in the state civil service. Upon the request of the Department of Human Resources or an employee organization, the board shall then determine which classes of positions meet all or part of the elements of the criteria and shall list the positions in order based upon the degree in which their duties meet the criteria. An employee organization that requests a determination with respect to a class of position previously determined not to meet the criteria shall submit a written argument supporting the assertion that the class of position meets the criteria. The board, if it finds the written argument to be unpersuasive, may refuse to commence determination proceedings unless and until either the Department of Human Resources requests a determination with respect to that class of position or the employee organization submits to the board a supporting argument which the board finds persuasive. The board shall indicate to the department whether the classes qualify for state safety membership. The Public Employees’ Retirement System and employing agencies shall assist and cooperate with the board in preparation of the report.

(b) The board shall transmit the report directly to the department, which shall make a copy available to the exclusive representative of any employee organization upon its written request.

(c) The department may use the results of the study in subsequent negotiations with the exclusive employee representatives; however, the report shall in no way obligate the department to take any action or make any recommendations as it relates to state safety membership.

(d) The department shall not recommend safety membership for any class of employees who have not been determined by the board to meet the established criteria.

(e) For classes of employees recommended for state safety membership by a memorandum of understanding reached pursuant to Section 3517.5, a copy of the report authorized under this section shall be submitted to the Legislature with the signed memorandum of understanding.

(f) This section does not apply to state employees who are subject to Sections 19816.20 and 20405.1.

history: (History: Amended by Stats. 2012, Ch. 665, Sec. 62. (SB 1308) Effective January 1, 2013.)

article: 3. General Powers and Duties


text: The employment procedures of the department and of each state agency shall conform to the federal and state laws governing employment practices, including the use of employment forms. The department and the Civil Rights Department shall work cooperatively to develop uniform employment forms where possible pursuant to the provisions of this article and shall coordinate their enforcement of this article.

history: (History: Amended by Stats. 2022, Ch. 48, Sec. 47. (SB 189) Effective June 30, 2022.)

article: 3.5. Employment Procedures

path: 2. GOVERNMENT OF THE STATE OF CALIFORNIA > 5. PERSONNEL > 2. Administration > 3.5. Employment Procedures


text: The department shall be responsible for the collection and review of all employment forms used by state agencies for civil service employment and for the development of standard employment forms for general use by all state agencies. The department may designate an appointing power to review employment forms in accordance with Section 18654 and board rules. Each state agency shall use the standard forms. However, the department, or an appointing power designated by the department, may approve the use of a nonstandard form by a state agency if the information requested on the form is job-related and the forms and procedures to be used conform with federal and state law governing employment practices. Copies of nonstandard forms approved by a designated appointing power shall be transmitted to the department. Nonstandard forms proposed by a state agency shall be accompanied by a petition submitted by the agency which specifies the reasons why a nonstandard form is necessary to meet the agency’s needs.

history: (History: Amended by Stats. 2012, Ch. 360, Sec. 19. (SB 1309) Effective January 1, 2013.)

article: 3.5. Employment Procedures


text: The Civil Rights Department shall collect and review all other forms used by state agencies for employment, and occupational licensing and registration, to ensure conformance to law and to develop standard forms for general use by all state agencies. Each state agency shall use the standard forms. The department, however, may approve the use of a nonstandard form by a state agency based on a petition submitted by the agency which specifies the reasons why a nonstandard form is necessary to meet the agency’s needs.

history: (History: Amended by Stats. 2022, Ch. 48, Sec. 48. (SB 189) Effective June 30, 2022.)

article: 3.5. Employment Procedures


text: Each state agency is responsible for ensuring that the employment application forms, and occupational licensing and registration forms, used by the agency conform to federal and state laws governing registration and employment practices. An agency shall not use a form which is not approved by either the department or by the Civil Rights Department.

history: (History: Amended by Stats. 2022, Ch. 48, Sec. 49. (SB 189) Effective June 30, 2022.)

article: 3.5. Employment Procedures


text: State agencies shall exhaust existing supplies of forms which conform with federal and state law before using any new form approved by the department or the Civil Rights Department pursuant to this article.

history: (History: Amended by Stats. 2022, Ch. 48, Sec. 50. (SB 189) Effective June 30, 2022.)

article: 3.5. Employment Procedures


text: A violation of this article shall constitute an unlawful employment practice which is subject to the enforcement provisions of the California Fair Employment and Housing Act (Chapter 7 (commencing with Section 12960) of Part 2.8 of Division 3 of Title 2), except Sections 12975 and 12976 thereof, or to enforcement pursuant to Article 2 (commencing with Section 18670) and Article 3 (commencing with Section 18700) of this chapter and Article 2 (commencing with Section 19700) of Chapter 10.

history: (History: Added by Stats. 1982, Ch. 1180, Sec. 1.)

article: 3.5. Employment Procedures


text: Employment forms used by a state agency shall require a person applying for employment to disclose whether the person has entered into an agreement with the state regarding any previous employment with the state that prohibits that person from seeking or accepting any subsequent employment with the state.

history: (History: Amended by Stats. 2015, Ch. 303, Sec. 219. (AB 731) Effective January 1, 2016.)

article: 3.5. Employment Procedures


text: The board shall create and adjust classes of positions in the State civil service. The classes adopted by the board, shall be known as the Personnel Classification Plan of the State of California. The classification plan shall include a descriptive title and a definition outlining the scope of the duties and responsibilities for each class of positions.

history: (History: Added by Stats. 1945, Ch. 123.)

chapter: 3. Classification

path: 2. GOVERNMENT OF THE STATE OF CALIFORNIA > 5. PERSONNEL > 3. Classification


text: The Department of Human Resources shall designate managerial positions, as defined in subdivision (e) of Section 3513, and shall report those designations to the board annually. Any disputes as to the managerial classification or position designations may be appealed to the State Personnel Board.

history: (History: Amended by Stats. 2012, Ch. 665, Sec. 63. (SB 1308) Effective January 1, 2013.)


text: From time to time as it deems necessary, the board may establish additional classes and divide, combine, alter, or abolish existing classes. In establishing, altering, or abolishing classes, the board shall consider the recommendations of the Department of Human Resources. When those actions are taken the board shall determine in each instance whether positions affected are to be reallocated to another class or classes after taking into account the duties and responsibilities, qualifications, performance standards, and other related criteria before and after the change, and shall determine the status of the probationary and permanent employees affected.

history: (History: Amended by Stats. 2012, Ch. 665, Sec. 64. (SB 1308) Effective January 1, 2013.)


text: 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 rules relating to transfer, demotion, or promotion.

history: (History: Amended by Stats. 2013, Ch. 427, Sec. 25. (AB 1062) Effective January 1, 2014.)


text: The classification title or a code symbol approved by the board shall be used in all communications relating to personnel and in all budget and financial records.

history: (History: Amended by Stats. 1949, Ch. 1141.)


text:
(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 rule.

(b) 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.

history: (History: Amended by Stats. 2013, Ch. 427, Sec. 27. (AB 1062) Effective January 1, 2014.)

chapter: 4. Employment Lists

article: 1. General

path: 2. GOVERNMENT OF THE STATE OF CALIFORNIA > 5. PERSONNEL > 4. Employment Lists > 1. General


text: For purposes of this part, “designated appointing power” means an appointing power designated by the department under Section 18930.5.

history: (History: Amended by Stats. 2013, Ch. 427, Sec. 28. (AB 1062) Effective January 1, 2014.)

article: 1. General