Government Code
Part 21 of 107 · provisions 4,001–4,200
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This section defines key terms used in the CalSavers retirement savings title. This section creates the CalSavers Retirement Savings Board and sets rules for how the board, program administrator, and staff must operate. This section creates the CalSavers Retirement Savings Trust, assigns the board to administer it, requires the board to split trust money into a program fund and an administrative fund, and gives the Treasurer and the board investment-related powers. It also caps administrative fund spending at 1% of the total program fund after six years from implementation and exempts certain securities from specified Corporations Code sections. The CalSavers Retirement Savings Program must include one or more payroll deduction IRA arrangements, as determined by the board. The board has broad authority over the trust, including contracts, investments, staff, insurance, cooperation, and rulemaking.
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- 17612. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 4. Payment of Claims [17612 - 17613] ( Article 4 added by Stats. 1984, Ch. 1459, Sec. 1. )
The Legislature may change certain mandate reimbursement settings, but if it does, it must state the basis in separate legislation. Local agencies or school districts may seek declaratory relief in Sacramento Superior Court if mandate funding is deleted from the annual Budget Act.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 4. Payment of Claims [17612 - 17613] ( Article 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17612. (a) Upon receipt of the report submitted by the commission pursuant to Section 17600, except as provided in Section 13823.95 of the Penal Code, funding shall be provided in the subsequent Budget Act for costs incurred in prior years. No funding shall be provided for years in which a mandate is suspended. (b) The Legislature may amend, modify, or supplement the parameters and guidelines, reasonable reimbursement methodology, and adopted statewide estimate of costs for the initial claiming period and budget year for mandates contained in the annual Budget Act. If the Legislature amends, modifies, or supplements the parameters and guidelines, reasonable reimbursement methodology, and adopted statewide estimate of costs for the initial claiming period and budget year, it shall make a declaration in separate legislation specifying the basis for the amendment, modification, or supplement. (c) If the Legislature deletes from the annual Budget Act funding for a mandate, the local agency or school district may file in the Superior Court of the County of Sacramento an action in declaratory relief to declare the mandate unenforceable and enjoin its enforcement for that fiscal year. (Amended by Stats. 2011, Ch. 360, Sec. 1. (SB 534) Effective January 1, 2012.) - 17613. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 4. Payment of Claims [17612 - 17613] ( Article 4 added by Stats. 1984, Ch. 1459, Sec. 1. )
The Director of Finance may approve certain budget augmentations to reimburse state-mandated costs, but generally only after written notice and after 30 days unless a shorter time is set.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 4. Payment of Claims [17612 - 17613] ( Article 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17613. (a) The Director of Finance may authorize the augmentation of the amount available for expenditure to reimburse costs mandated by the state, as defined in Section 17514, as follows: (1) For augmentation of (A) any schedule in any item to reimburse costs mandated by the state in any budget act, or (B) the amount appropriated in a local government claims bill for reimbursement of the claims of local agencies, as defined by Section 17518, from the unencumbered balance of any other item to reimburse costs mandated by the state in that budget act or another budget act or in an appropriation for reimbursement of the claims of local agencies in another local government claims bill. (2) For augmentation of (A) any schedule in any budget act item, or (B) any amount appropriated in a local government claims bill, when either of these augmentations is for reimbursement of mandated claims of school districts, as defined in Section 17519, when the source of this augmentation is (A) the unencumbered balance of any other scheduled amount in that budget act or another budget act, or (B) an appropriation in another local government claims bill, when either of these appropriations is for reimbursement of mandate claims of school districts. This paragraph applies only to appropriations that are made for the purpose of meeting the minimum funding guarantee for educational programs pursuant to Section 8 of Article XVI of the California Constitution. (b) No authorization for an augmentation pursuant to this section may be made sooner than 30 days after the notification in writing of the necessity therefor to the chairperson of the committee in each house which considers appropriations and the chairperson of the Joint Legislative Budget Committee, or not sooner than whatever lesser time as the chairperson of the joint committee, or his or her designee, may in each instance determine. (Amended by Stats. 2013, Ch. 77, Sec. 2. (AB 392) Effective January 1, 2014.) - 17615. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 5. State Mandate Apportionments System [17615 - 17617] ( Article 5 added by Stats. 1985, Ch. 1534, Sec. 4. )
The section says the Controller processes claims and local agencies must keep extensive claim documentation.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 5. State Mandate Apportionments System [17615 - 17617] ( Article 5 added by Stats. 1985, Ch. 1534, Sec. 4. ) ## 17615. The Legislature finds and declares that the existing system for reimbursing local agencies and school districts for actual costs mandated by the state on an annual claim basis is time consuming, cumbersome, and expensive at both the local and state levels. The Controller must process voluminous claims with all claims subject to a desk audit and selected claims also subject to a field audit. Local agencies are required to maintain extensive documentation of all claims in anticipation of such an audit. The volume of these records is substantial and will continue to grow with no relief in sight as new programs are mandated. The cost to local agencies and school districts for filing claims, and for maintaining documentation and responding to the Controller’s audits is substantial. The current administrative cost to both state and local governments represents a significant expenditure of public funds with no apparent benefit to the taxpayers. It is the intent of the Legislature to streamline the reimbursement process for costs mandated by the state by creating a system of state mandate apportionments to fund the costs of certain programs mandated by the state. (Added by Stats. 1985, Ch. 1534, Sec. 4. Effective October 2, 1985.) - 17615.1. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 5. State Mandate Apportionments System [17615 - 17617] ( Article 5 added by Stats. 1985, Ch. 1534, Sec. 4. )
The commission must set up a review process for certain mandated cost programs and, on request, review whether a program should be added to the State Mandates Apportionment System.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 5. State Mandate Apportionments System [17615 - 17617] ( Article 5 added by Stats. 1985, Ch. 1534, Sec. 4. ) ## 17615.1. The commission shall establish a procedure for reviewing, upon request, mandated cost programs for which appropriations have been made by the Legislature for the 1982–83, 1983–84, and 1984–85 fiscal years, or any three consecutive fiscal years thereafter. At the request of the Department of Finance, the Controller, or any local agency or school district receiving reimbursement for the mandated program, the commission shall review the mandated cost program to determine whether the program should be included in the State Mandates Apportionment System. If the commission determines that the State Mandates Apportionment System would accurately reflect the costs of the state-mandated program, the commission shall direct the Controller to include the program in the State Mandates Apportionment System. (Amended by Stats. 2004, Ch. 890, Sec. 28. Effective January 1, 2005.) - 17615.2. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 5. State Mandate Apportionments System [17615 - 17617] ( Article 5 added by Stats. 1985, Ch. 1534, Sec. 4. )
After commission approval, the Controller must disburse apportioned reimbursement amounts to eligible local agencies and school districts, using the approved three-year average and deflator adjustments.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 5. State Mandate Apportionments System [17615 - 17617] ( Article 5 added by Stats. 1985, Ch. 1534, Sec. 4. ) ## 17615.2. (a) Notwithstanding Section 17561, after November 30, 1985, for those programs included in the State Mandates Apportionment System, after approval by the commission, there shall be disbursed by the Controller to each local agency and school district which has submitted a reimbursement claim for costs mandated by the state in the 1982–83, 1983–84, and the 1984–85 fiscal years, or any three consecutive fiscal years thereafter, an amount computed by averaging the approved reimbursement claims for this three-year period. The amount shall first be adjusted according to any changes in the deflator. The deflator shall be applied separately to each year’s costs for the three years which comprise the base period. Funds for these purposes shall be available to the extent they are provided for in the Budget Act of 1985 and the Budget Act for any subsequent fiscal year thereafter. For purposes of this article, “base period” means the three fiscal years immediately succeeding the commission’s approval. (b) When the Controller has made payment on claims prior to commission approval of the program for inclusion in the State Mandates Apportionment System, the payment shall be adjusted in the next apportionment to the amount which would have been subvened to the local agency or school district for that fiscal year had the State Mandates Apportionment System been in effect at the time of the initial payment. (Amended by Stats. 1989, Ch. 589, Sec. 3.) - 17615.3. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 5. State Mandate Apportionments System [17615 - 17617] ( Article 5 added by Stats. 1985, Ch. 1534, Sec. 4. )
The Controller must recalculate and adjust certain allocations under the State Mandates Apportionment System, and then subvene the resulting amount, subject to budget funding limits.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 5. State Mandate Apportionments System [17615 - 17617] ( Article 5 added by Stats. 1985, Ch. 1534, Sec. 4. ) ## 17615.3. 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. (Amended by Stats. 1989, Ch. 589, Sec. 4.) - 17615.4. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 5. State Mandate Apportionments System [17615 - 17617] ( Article 5 added by Stats. 1985, Ch. 1534, Sec. 4. )
Local agencies and school districts may file reimbursement claims for certain new mandates, and the commission and Controller have follow-up duties after three fiscal years of claims.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 5. State Mandate Apportionments System [17615 - 17617] ( Article 5 added by Stats. 1985, Ch. 1534, Sec. 4. ) ## 17615.4. (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. (Amended by Stats. 2004, Ch. 890, Sec. 29. Effective January 1, 2005.) - 17615.5. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 5. State Mandate Apportionments System [17615 - 17617] ( Article 5 added by Stats. 1985, Ch. 1534, Sec. 4. )
Local agencies and school districts may submit certain reimbursement or entitlement claims for at least three consecutive years before a base year entitlement is adjusted or established.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 5. State Mandate Apportionments System [17615 - 17617] ( Article 5 added by Stats. 1985, Ch. 1534, Sec. 4. ) ## 17615.5. (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. (Amended by Stats. 1989, Ch. 589, Sec. 6.) - 17615.6. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 5. State Mandate Apportionments System [17615 - 17617] ( Article 5 added by Stats. 1985, Ch. 1534, Sec. 4. )
When a mandate is discontinued or made permissive and costs go down, the Controller must calculate the related entitlement and subtract that amount from the annual subvention for the local agency or school district.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 5. State Mandate Apportionments System [17615 - 17617] ( Article 5 added by Stats. 1985, Ch. 1534, Sec. 4. ) ## 17615.6. 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. (Added by Stats. 1985, Ch. 1534, Sec. 4. Effective October 2, 1985.) - 17615.7. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 5. State Mandate Apportionments System [17615 - 17617] ( Article 5 added by Stats. 1985, Ch. 1534, Sec. 4. )
If a mandated program is changed in a way that significantly affects costs, it is removed from the State Mandates Apportionment System and related payments are reduced; local entities and school districts may submit actual cost claims for three years.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 5. State Mandate Apportionments System [17615 - 17617] ( Article 5 added by Stats. 1985, Ch. 1534, Sec. 4. ) ## 17615.7. 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. (Added by Stats. 1985, Ch. 1534, Sec. 4. Effective October 2, 1985.) - 17615.8. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 5. State Mandate Apportionments System [17615 - 17617] ( Article 5 added by Stats. 1985, Ch. 1534, Sec. 4. )
The commission must set up a review process for certain apportionments or base year entitlements, and requesting local agencies or school districts must provide records needed for the review.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 5. State Mandate Apportionments System [17615 - 17617] ( Article 5 added by Stats. 1985, Ch. 1534, Sec. 4. ) ## 17615.8. (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. (Added by Stats. 1985, Ch. 1534, Sec. 4. Effective October 2, 1985.) - 17615.9. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 5. State Mandate Apportionments System [17615 - 17617] ( Article 5 added by Stats. 1985, Ch. 1534, Sec. 4. )
The commission must periodically review programs funded under the State Mandate Apportionments System.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 5. State Mandate Apportionments System [17615 - 17617] ( Article 5 added by Stats. 1985, Ch. 1534, Sec. 4. ) ## 17615.9. 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. (Added by Stats. 1985, Ch. 1534, Sec. 4. Effective October 2, 1985.) - 17616. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 5. State Mandate Apportionments System [17615 - 17617] ( Article 5 added by Stats. 1985, Ch. 1534, Sec. 4. )
The Controller may audit certain base-year entitlement fiscal years within three years and verify that funded local agencies or school districts are providing the reimbursed activities.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 5. State Mandate Apportionments System [17615 - 17617] ( Article 5 added by Stats. 1985, Ch. 1534, Sec. 4. ) ## 17616. 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. (Amended by Stats. 2004, Ch. 890, Sec. 30. Effective January 1, 2005.) - 17617. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 5. State Mandate Apportionments System [17615 - 17617] ( Article 5 added by Stats. 1985, Ch. 1534, Sec. 4. )
The total amount due for required reimbursements to specified local entities must be appropriated for payment over up to 15 years, and no appropriation may be made for reimbursement claims for fiscal years 2012–13 and 2013–14.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 5. State Mandate Apportionments System [17615 - 17617] ( Article 5 added by Stats. 1985, Ch. 1534, Sec. 4. ) ## 17617. 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 XIII B 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. (Amended by Stats. 2014, Ch. 28, Sec. 48. (SB 854) Effective June 20, 2014.) - 17630. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 6. Operative Date [17630- 17630.] ( Chapter 6 added by Stats. 1984, Ch. 1459, Sec. 1. )
This section makes the part applicable to certain state reimbursement claims on and after January 1, 1985, except for Article 5.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 6. Operative Date [17630- 17630.] ( Chapter 6 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17630. 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. (Amended by Stats. 2004, Ch. 890, Sec. 31. Effective January 1, 2005.) - 177. Verify source ↗
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. SOVEREIGNTY AND PEOPLE OF THE STATE [100 - 275.2] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Sovereignty of the State [100 - 210.6] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3.6. Interstate Civil Defense and Disaster Compact [177 - 178.5] ( Article 3.6 added by Stats. 1977, Ch. 161. )
California ratifies and approves the Interstate Civil Defense and Disaster Compact described in Section 178.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. SOVEREIGNTY AND PEOPLE OF THE STATE [100 - 275.2] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Sovereignty of the State [100 - 210.6] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3.6. Interstate Civil Defense and Disaster Compact [177 - 178.5] ( Article 3.6 added by Stats. 1977, Ch. 161. ) ## 177. The Interstate Civil Defense and Disaster Compact as set forth in Section 178 executed between the State of California, through its then Governor, Earl Warren, on December 10, 1951, and other states which are parties to the compact, is hereby ratified and approved. (Added by Stats. 1977, Ch. 161.) - 1770. Verify source ↗
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Resignations and Vacancies [1750 - 1782] ( Chapter 4 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Vacancies [1770 - 1782] ( Article 2 added by Stats. 1943, Ch. 134. )
This section says an office becomes vacant when certain events happen, such as death, resignation, removal, loss of residency, felony conviction, failure to file required oath or bond, or other listed events.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Resignations and Vacancies [1750 - 1782] ( Chapter 4 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Vacancies [1770 - 1782] ( Article 2 added by Stats. 1943, Ch. 134. ) ## 1770. An office becomes vacant on the happening of any of the following events before the expiration of the term: (a) The death of the incumbent. (b) An adjudication pursuant to a quo warranto proceeding declaring that the incumbent is physically or mentally incapacitated due to disease, illness, or accident, and that there is reasonable cause to believe that the incumbent will not be able to perform the duties of his or her office for the remainder of his or her term. This subdivision shall not apply to offices created by the California Constitution nor to federal or state legislators. (c) (1) His or her resignation, except as provided in paragraph (2). (2) In the case of the office of city council member, upon the delivery of a letter of resignation by the resigning council member to the city clerk. The letter of resignation may specify a date on which the resignation will become effective. (d) His or her removal from office. (e) His or her ceasing to be an inhabitant of the state, or if the office be local and one for which local residence is required by law, of the district, county, or city for which the officer was chosen or appointed, or within which the duties of his or her office are required to be discharged. (f) His or her absence from the state without the permission required by law beyond the period allowed by law. (g) His or her ceasing to discharge the duties of his or her office for the period of three consecutive months, except when prevented by sickness, or when absent from the state with the permission required by law. (h) His or her conviction of a felony or of any offense involving a violation of his or her official duties. An officer shall be deemed to have been convicted under this subdivision when trial court judgment is entered. For purposes of this subdivision, “trial court judgment” means a judgment by the trial court either sentencing the officer or otherwise upholding and implementing the plea, verdict, or finding. (i) His or her refusal or neglect to file his or her required oath or bond within the time prescribed. (j) The decision of a competent tribunal declaring void his or her election or appointment. (k) The making of an order vacating his or her office or declaring the office vacant when the officer fails to furnish an additional or supplemental bond. (l) His or her commitment to a hospital or sanitarium by a court of competent jurisdiction as a drug addict, dipsomaniac, inebriate, or stimulant addict; but in that event the office shall not be deemed vacant until the order of commitment has become final. (m) (1) The incumbent is listed in the Excluded Parties List System and all of the following subparagraphs apply: (A) The office is one that the incumbent holds ex officio, by virtue of holding another office, or as an appointee. (B) The appointed or ex officio office is on the governing board of a local agency that is, or may reasonably be expected to be, a participant or principal in a covered transaction, pursuant to federal law. (C) A federal agency head or designee has not granted the incumbent an exception, in writing, permitting the incumbent to participate in a particular covered transaction in which the local agency is, or may reasonably be expected to be, a participant or principal. (2) For purposes of this subdivision, the following terms have the following meanings: (A) “Excluded Parties List System” means the list maintained and disseminated by the federal General Services Administration containing names of, and other information about, persons who are debarred, suspended, disqualified, or otherwise excluded from participating in a covered transaction, pursuant to federal law. (B) “Local agency” includes, but is not limited to, a county, whether general law or chartered, city, whether general law or chartered, city and county, school district, municipal corporation, district, political subdivision, or any board, commission, or agency of one of these entities. (C) “Federal law” includes, but is not limited to, federal regulations adopted pursuant to Section 2455 of Public Law 103-355 (108 Stat. 3327), Executive Order No. 11738, Executive Order No. 12549, and Executive Order No. 12689. (3) This subdivision shall not apply to an elective office. (Amended by Stats. 2014, Ch. 725, Sec. 1. (AB 1795) Effective January 1, 2015.) - 1770.1. Verify source ↗
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Resignations and Vacancies [1750 - 1782] ( Chapter 4 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Vacancies [1770 - 1782] ( Article 2 added by Stats. 1943, Ch. 134. )
A conviction-related disqualification or forfeiture of office is not paused or undone just because an appeal is filed or succeeds.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Resignations and Vacancies [1750 - 1782] ( Chapter 4 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Vacancies [1770 - 1782] ( Article 2 added by Stats. 1943, Ch. 134. ) ## 1770.1. The disqualification from holding office upon conviction, as provided in Section 1021, or the forfeiture of office upon conviction, as provided in subdivision (h) of Section 1770 and Section 3000, is neither stayed by the initiation of an appeal from the conviction, nor set aside by the successful prosecuting of an appeal from the conviction by the person suffering the conviction. (Added by Stats. 1988, Ch. 283, Sec. 2.) - 1770.2. Verify source ↗
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Resignations and Vacancies [1750 - 1782] ( Chapter 4 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Vacancies [1770 - 1782] ( Article 2 added by Stats. 1943, Ch. 134. )
A person found guilty of the covered offense may not take office, and if already in office, is suspended immediately.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Resignations and Vacancies [1750 - 1782] ( Chapter 4 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Vacancies [1770 - 1782] ( Article 2 added by Stats. 1943, Ch. 134. ) ## 1770.2. Upon the entry of a plea of guilty, the entry of a plea of nolo contendere, or the rendering of a verdict of a guilty either by a jury or by the court sitting without a jury of a public offense, the conviction of which would invoke the provisions of Section 1021, subdivision (h) of Section 1770, or Section 3000, the person found guilty shall not assume the office for which the person is otherwise qualified or shall be suspended immediately from the office the person then holds. During the time of inability to assume an office or of suspension from office, the person shall not be entitled to receive the emoluments of the office, including, but not limited to, the exercise of the powers of the office, the rights to be seated in the office, and the compensation, including benefits, prescribed for the office. In the event the trial court sets aside or otherwise nullifies the plea or verdict before the trial court judgment is entered, the inability to assume office or the suspension from holding office shall be lifted, and the person suspended from office shall be restored to office with its emoluments, including those that would have otherwise accrued during the suspension, excluding, however, interest on any monetary payment. (Added by Stats. 1988, Ch. 283, Sec. 3.) - 17700. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 8. VALIDATING PROCEEDINGS [17700- 17700.] ( Part 8 added by Stats. 1994, Ch. 242, Sec. 2. )
Certain California state entities may file court actions to test the validity of specified bonds, warrants, contracts, obligations, or debt instruments, and actions under this section must be filed in Sacramento Superior Court.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 8. VALIDATING PROCEEDINGS [17700- 17700.] ( Part 8 added by Stats. 1994, Ch. 242, Sec. 2. ) ## 17700. (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. (Amended by Stats. 2004, Ch. 470, Sec. 2. Effective January 1, 2005.) - 1771. Verify source ↗
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Resignations and Vacancies [1750 - 1782] ( Chapter 4 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Vacancies [1770 - 1782] ( Article 2 added by Stats. 1943, Ch. 134. )
This section requires notice to be given when a vacancy arises from an officer’s removal, insanity, felony or official-duty offense conviction, or void election or appointment.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Resignations and Vacancies [1750 - 1782] ( Chapter 4 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Vacancies [1770 - 1782] ( Article 2 added by Stats. 1943, Ch. 134. ) ## 1771. (a) When an officer is removed, declared insane, or convicted of a felony or offense involving a violation of his or her official duty, or when his or her election or appointment is declared void, the body or person before whom the proceedings are had shall give notice thereof to the officer or body empowered to fill the vacancy. (b) When an office becomes vacant pursuant to subdivision (m) of Section 1770, the local agency on which the vacancy occurs shall give notice of that vacancy to the officer or body authorized to fill the vacancy. (Amended by Stats. 2011, Ch. 543, Sec. 3. (AB 309) Effective January 1, 2012.) - 1772. Verify source ↗
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Resignations and Vacancies [1750 - 1782] ( Chapter 4 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Vacancies [1770 - 1782] ( Article 2 added by Stats. 1943, Ch. 134. )
If an office becomes vacant and no other legal method exists to fill it, the Governor must fill the vacancy by issuing a commission.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Resignations and Vacancies [1750 - 1782] ( Chapter 4 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Vacancies [1770 - 1782] ( Article 2 added by Stats. 1943, Ch. 134. ) ## 1772. When any office becomes vacant and no mode is provided by law for filling the vacancy, the Governor shall fill the vacancy by granting a commission, to expire at the end of the next session of the Legislature or at the next election by the people. (Enacted by Stats. 1943, Ch. 134.) - 1773. Verify source ↗
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Resignations and Vacancies [1750 - 1782] ( Chapter 4 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Vacancies [1770 - 1782] ( Article 2 added by Stats. 1943, Ch. 134. )
When certain legislative or congressional vacancies occur, the Governor must issue a writ of election within 14 calendar days.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Resignations and Vacancies [1750 - 1782] ( Chapter 4 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Vacancies [1770 - 1782] ( Article 2 added by Stats. 1943, Ch. 134. ) ## 1773. When a vacancy occurs in the office of Representative to Congress, or in either house of the Legislature, the Governor shall within 14 calendar days after the occurrence of the vacancy issue a writ of election to fill the vacancy; provided, that when such vacancy occurs in a congressional office after the close of the nomination period in the final year of the term of office, a special election may be held, at the Governor’s discretion; and provided, further, that when a vacancy occurs in a legislative office after the close of the nomination period in the final year of the term of office, no special election shall be held. The Governor shall issue the election proclamation under his hand and the Great Seal of the state, and transmit copies to the board of supervisors of the counties in which the election is to be held. (Amended by Stats. 1976, Ch. 1155.) - 1773.5. Verify source ↗
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Resignations and Vacancies [1750 - 1782] ( Chapter 4 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Vacancies [1770 - 1782] ( Article 2 added by Stats. 1943, Ch. 134. )
A vacancy in the office of Representative in Congress occurs if the officeholder disappears as defined by the Elections Code.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Resignations and Vacancies [1750 - 1782] ( Chapter 4 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Vacancies [1770 - 1782] ( Article 2 added by Stats. 1943, Ch. 134. ) ## 1773.5. In addition to any other applicable provision of law, a vacancy occurs in the office of Representative in Congress in the event of his or her disappearance, as defined in subdivision (c) of Section 10731 of the Elections Code. (Added by Stats. 2002, Ch. 658, Sec. 5. Effective January 1, 2003.) - 1774. Verify source ↗
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Resignations and Vacancies [1750 - 1782] ( Chapter 4 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Vacancies [1770 - 1782] ( Article 2 added by Stats. 1943, Ch. 134. )
The Governor may appoint or reappoint certain officers, but must notify the Senate (or the Secretary of the Senate if the Senate is unavailable) within the stated time limits, and vacancies can result if deadlines are missed.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Resignations and Vacancies [1750 - 1782] ( Chapter 4 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Vacancies [1770 - 1782] ( Article 2 added by Stats. 1943, Ch. 134. ) ## 1774. (a) When an office, the appointment to which is vested in the Governor and Senate, either becomes vacant or the term of the incumbent thereof expires, the Governor may appoint a person to the office or reappoint the incumbent after the expiration of the term. Until Senate confirmation of the person appointed or reappointed, that person serves at the pleasure of the Governor. If the term of office of an incumbent subject to this section expires, the Governor shall have 60 days after the expiration date to reappoint the incumbent. If the incumbent is not reappointed within the 60-day period, the office shall be deemed to be vacant as of the first day following the end of the 60-day period. (b) With respect to the appointment or reappointment by the Governor of a person to an office subject to confirmation by the Senate, the Governor shall submit the name of the person appointed, or the name of the incumbent reappointed, and the effective date of the appointment or reappointment to the Senate or, if the Senate is in recess or has adjourned, to the Secretary of the Senate, within 60 days after the person first began performing the duties of the office, or, as to the reappointment of an incumbent, within 90 days after the expiration date of the term. If the Governor does not provide the required notification within 60 days after the person first began performing the duties of the office, or, as to the reappointment of an incumbent to an office after the expiration date of the term, within 90 days after the expiration of the term, the office shall be deemed to be vacant as of the first day immediately following the end of the applicable period. (c) If the Senate either refuses to confirm, or fails to confirm within 365 days after the day the person first began performing the duties of the office, or, with respect to an incumbent whose appointment to that office previously had been confirmed by the Senate and who is reappointed to that office, within 365 days after the expiration date of the term, the following shall apply: (1) If the Senate refuses to confirm, the person may continue to serve in that office until 60 days have elapsed since the refusal to confirm or until 365 days have elapsed since the person first began performing the duties of the office, whichever occurs first, or with respect to an incumbent whose appointment to that office previously had been confirmed by the Senate and who is reappointed to that office, until 60 days have elapsed since refusal or until 365 days after the expiration date of the prior term, and the office for which the appointment was made shall be deemed to be vacant as of the first day immediately following the end of the applicable period. (2) If the Senate fails to confirm within the applicable 365-day period, the person may not continue to serve in that office, and the office for which the appointment was made shall be deemed to be vacant as of the first day immediately following the end of the 365-day period. (Amended by Stats. 1982, Ch. 801, Sec. 1.) - 1774.1. Verify source ↗
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Resignations and Vacancies [1750 - 1782] ( Chapter 4 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Vacancies [1770 - 1782] ( Article 2 added by Stats. 1943, Ch. 134. )
If the Governor appoints someone to a public office that needs Senate confirmation, and the Senate confirms it within the period in Section 1774, that confirmation counts as the final step and no new commission is needed.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Resignations and Vacancies [1750 - 1782] ( Chapter 4 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Vacancies [1770 - 1782] ( Article 2 added by Stats. 1943, Ch. 134. ) ## 1774.1. Notwithstanding any other provision of law, whenever the appointment by the Governor of a person to a public office is subject to confirmation by the Senate, and the Senate confirms the appointment within the applicable period described in Section 1774, and the term of office is at the pleasure of the Governor, such confirmation shall be deemed the last act necessary for appointment and the Governor shall not be required to issue another commission to complete the act of appointment. (Added by Stats. 1978, Ch. 195.) - 1774.2. Verify source ↗
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Resignations and Vacancies [1750 - 1782] ( Chapter 4 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Vacancies [1770 - 1782] ( Article 2 added by Stats. 1943, Ch. 134. )
This section says when service counts as continuous for certain reappointments and when a later appointment is treated as a new appointment.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Resignations and Vacancies [1750 - 1782] ( Chapter 4 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Vacancies [1770 - 1782] ( Article 2 added by Stats. 1943, Ch. 134. ) ## 1774.2. (a) For any person whose term of office expires prior to Senate confirmation and who is reappointed to that office, the time served prior to, as well as subsequent to, the expiration date of the prior term shall be counted for purposes of Section 1774. (b) For any person who resigns an office prior to Senate confirmation and who is reappointed to that office at any time within 365 days of the resignation, the time served prior to, as well as subsequent to, the resignation shall be counted for purposes of Section 1774. (c) The subsequent appointment of a person to an office 365 days or more after the date the person last served in that office shall be considered a new appointment, and not a reappointment, for purposes of Section 1774. (Added by Stats. 1982, Ch. 801, Sec. 2.) - 1774.3. Verify source ↗
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Resignations and Vacancies [1750 - 1782] ( Chapter 4 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Vacancies [1770 - 1782] ( Article 2 added by Stats. 1943, Ch. 134. )
For a multi-member body or entity, “office” includes every position on that body or entity.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Resignations and Vacancies [1750 - 1782] ( Chapter 4 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Vacancies [1770 - 1782] ( Article 2 added by Stats. 1943, Ch. 134. ) ## 1774.3. With respect to any body or entity having more than one member, including, but not limited to, a board, commission, or committee, “office” includes every position on the body or entity, regardless of qualifications, expiration date of the term, or duties and responsibilities of the position. (Added by Stats. 1982, Ch. 801, Sec. 3.) - 1774.5. Verify source ↗
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Resignations and Vacancies [1750 - 1782] ( Chapter 4 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Vacancies [1770 - 1782] ( Article 2 added by Stats. 1943, Ch. 134. )
A person whose office is deemed vacant under Section 1774 may not keep performing the office’s duties, the Controller may not issue warrants for that person’s salary or expenses, and the Governor may not reappoint that person to the same office for 365 days.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Resignations and Vacancies [1750 - 1782] ( Chapter 4 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Vacancies [1770 - 1782] ( Article 2 added by Stats. 1943, Ch. 134. ) ## 1774.5. Notwithstanding any other provisions of law, no person holding an office which is deemed to be vacant pursuant to Section 1774 may, after the time the office has been deemed to be vacant pursuant to those provisions, continue to discharge the duties of the office, and no warrant shall be drawn by the Controller for the payment of any salary or expenses of that person attributable to the discharge of the duties of the office after that time. In addition, the Governor shall not reappoint the person to the same office for a period of 365 days after the time the office has been deemed to be vacant. (Amended by Stats. 1982, Ch. 801, Sec. 4.) - 1774.7. Verify source ↗
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Resignations and Vacancies [1750 - 1782] ( Chapter 4 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Vacancies [1770 - 1782] ( Article 2 added by Stats. 1943, Ch. 134. )
This section says certain vacancy-related sections apply to people appointed or reappointed around January 1, 1981, and adjusts when some time periods start in specific transition cases.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Resignations and Vacancies [1750 - 1782] ( Chapter 4 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Vacancies [1770 - 1782] ( Article 2 added by Stats. 1943, Ch. 134. ) ## 1774.7. (a) Sections 1774, 1774.2, 1774.3, and 1774.5 shall apply to any person appointed, or reappointed, prior to, or on or after, January 1, 1981, except as follows: (1) With respect to any person appointed prior to January 1, 1981, the 365-day period specified in Section 1774 shall not commence to run until January 1, 1981. (2) With respect to the term of office of an incumbent which expires during the period from the first Monday after January 1 of the year a newly elected Governor takes office for the first time, until January 31 of that year, inclusive, the 60-day period specified in subdivision (a) of Section 1774 and the 90-day period specified in subdivision (b) of Section 1774 shall not commence to run until February 1 of that year. (b) It is the intent of the Legislature that Sections 1774, 1774.2, 1774.3, and 1774.5 shall prevail over any contrary special or general provision of this code, any other code, or any uncodified statute of this state. These sections shall be construed as superseded by another statute only if that statute specifically provides that these sections shall not apply and expressly refers to the numbers of the sections superseded. (Amended by Stats. 1986, Ch. 477, Sec. 1.) - 1775. Verify source ↗
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Resignations and Vacancies [1750 - 1782] ( Chapter 4 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Vacancies [1770 - 1782] ( Article 2 added by Stats. 1943, Ch. 134. )
When a listed office becomes vacant, the Governor must nominate a replacement, the nominee takes office upon Senate and Assembly confirmation, and the chief deputy serves in the interim.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Resignations and Vacancies [1750 - 1782] ( Chapter 4 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Vacancies [1770 - 1782] ( Article 2 added by Stats. 1943, Ch. 134. ) ## 1775. Whenever there is a vacancy in the office of the Superintendent of Public Instruction, the Lieutenant Governor, Secretary of State, Controller, Treasurer, or Attorney General, or on the State Board of Equalization, the Governor shall nominate a person to fill the vacancy who shall take office upon confirmation by a majority of the membership of the Senate and a majority of the membership of the Assembly and who shall hold office for the balance of the unexpired term. In the event the nominee is neither confirmed nor refused confirmation by both the Senate and the Assembly within 90 days of the submission of the nomination, the nominee shall take office as if he or she had been confirmed by a majority of the Senate and Assembly; provided, that if such 90-day period ends during a recess of the Legislature, the period shall be extended until the sixth day following the day on which the Legislature reconvenes. After a vacancy has occurred in an office specified in this section and prior to the time such vacancy is filled as provided in this section, the chief deputy to the above constitutional officers shall discharge the duties of the office. (Amended by Stats. 1977, Ch. 96.) - 1776. Verify source ↗
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Resignations and Vacancies [1750 - 1782] ( Chapter 4 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Vacancies [1770 - 1782] ( Article 2 added by Stats. 1943, Ch. 134. )
A person appointed by the Governor (with or without Senate consent, as described) to fill a vacancy or a post whose prior term has ended serves only for the remaining unexpired term, unless the Constitution provides otherwise.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Resignations and Vacancies [1750 - 1782] ( Chapter 4 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Vacancies [1770 - 1782] ( Article 2 added by Stats. 1943, Ch. 134. ) ## 1776. Except as otherwise provided in the Constitution, when a person is appointed by the Governor, or by the Governor by and with the advice and consent of the Senate, either to fill a vacancy in any office or to fill an office when the appointment is not made until after the expiration of the preceding term, the appointee holds office only for the balance of the unexpired term as provided by the law creating the office. (Enacted by Stats. 1943, Ch. 134.) - 1777. Verify source ↗
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Resignations and Vacancies [1750 - 1782] ( Chapter 4 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Vacancies [1770 - 1782] ( Article 2 added by Stats. 1943, Ch. 134. )
After filing an official oath and bond, a person elected or appointed to fill a vacancy gets the same rights and powers, and must accept the same liabilities, duties, and obligations, as the officer being replaced.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Resignations and Vacancies [1750 - 1782] ( Chapter 4 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Vacancies [1770 - 1782] ( Article 2 added by Stats. 1943, Ch. 134. ) ## 1777. After filing his official oath and bond, any person elected or appointed to fill a vacancy possesses all the rights and powers and is subject to all the liabilities, duties, and obligations of the officer whose vacancy he fills. (Enacted by Stats. 1943, Ch. 134.) - 1778. Verify source ↗
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Resignations and Vacancies [1750 - 1782] ( Chapter 4 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Vacancies [1770 - 1782] ( Article 2 added by Stats. 1943, Ch. 134. )
A vacancy in an appointive office on a special district’s governing board must be filled by the county board of supervisors, unless the district’s forming act expressly says otherwise.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Resignations and Vacancies [1750 - 1782] ( Chapter 4 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Vacancies [1770 - 1782] ( Article 2 added by Stats. 1943, Ch. 134. ) ## 1778. A vacancy in any appointive office on the governing board of a special district shall be filled by appointment by the board of supervisors of the county in which the larger portion of the district is located unless, by the terms of the act under which the district is formed, another method of appointment is expressly provided. (Amended by Stats. 1974, Ch. 1271.) - 1779. Verify source ↗
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Resignations and Vacancies [1750 - 1782] ( Chapter 4 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Vacancies [1770 - 1782] ( Article 2 added by Stats. 1943, Ch. 134. )
A vacancy on an appointed governing board of a special district must be filled by the appointing authority within 90 days; if nothing is done in that time, the county board of supervisors may fill it by appointment.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Resignations and Vacancies [1750 - 1782] ( Chapter 4 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Vacancies [1770 - 1782] ( Article 2 added by Stats. 1943, Ch. 134. ) ## 1779. A vacancy on any appointed governing board of a special district shall be filled by the appointing authority within 90 days immediately subsequent to its occurrence. If no action is taken for a period of 90 days immediately subsequent to a vacancy on such a board, the board of supervisors of the county in which the larger portion of the district is located shall have authority to fill the vacancy by appointment. (Amended by Stats. 1973, Ch. 934.) - 178. Verify source ↗
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. SOVEREIGNTY AND PEOPLE OF THE STATE [100 - 275.2] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Sovereignty of the State [100 - 210.6] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3.6. Interstate Civil Defense and Disaster Compact [177 - 178.5] ( Article 3.6 added by Stats. 1977, Ch. 161. )
This section sets out California’s Interstate Civil Defense and Disaster Compact, requiring party states to plan for civil defense, share aid, recognize qualifying licenses in emergencies, and reimburse certain aid-related costs.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. SOVEREIGNTY AND PEOPLE OF THE STATE [100 - 275.2] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Sovereignty of the State [100 - 210.6] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3.6. Interstate Civil Defense and Disaster Compact [177 - 178.5] ( Article 3.6 added by Stats. 1977, Ch. 161. ) ## 178. The provisions of the Interstate Civil Defense and Disaster Compact between the State of California and other states which are parties to the compact referred to in Section 177 are as follows: The State of California, through its Governor, duly authorized, solemnly agrees with any other state or territory of the United States which is or may become a party to this compact, as follows: Article 1.The purpose of this compact is to provide mutual aid among the states in meeting any emergency or disaster from enemy attack or other cause (natural or otherwise) including sabotage and subversive acts and direct attacks by bombs, shellfire, and atomic, radiological, chemical, bacteriological means, and other weapons. The prompt, full and effective utilization of the resources of the respective states, including such resources as may be available from the United States Government or any other source, are essential to the safety, care and welfare of the people thereof in the event of enemy action or other emergency, and any other resources, including personnel, equipment or supplies, shall be incorporated into a plan or plans of mutual aid to be developed among the civil defense agencies or similar bodies of the states that are parties hereto. The directors of civil defense of all party states shall constitute a committee to formulate plans and take all necessary steps for the implementation of this compact. Article 2.It shall be the duty of each party state to formulate civil defense plans and programs for application within such state. There shall be frequent consultation between the representatives of the states and with the United States Government and the free exchange of information and plans, including inventories of any materials and equipment available for civil defense. In carrying out such civil defense plans and programs the party states shall so far as possible provide and follow uniform standards, practices and rules and regulations including: (a) Insignia, arm bands and any other distinctive articles to designate and distinguish the different civil defense services; (b) Blackouts and practice blackouts, air raid drills, mobilization of civil defense forces and other tests and exercises; (c) Warnings and signals for drills or attacks and the mechanical devices to be used in connection therewith; (d) The effective screening or extinguishing of all lights and lighting devices and appliances; (e) Shutting off water mains, gas mains, electric power connections and the suspension of all other utility services; (f) All materials or equipment used or to be used for civil defense purposes in order to assure that such materials and equipment will be easily and freely interchangeable when used in or by any other party state; (g) The conduct of civilians and the movement and cessation of movement of pedestrians and vehicular traffic, prior, during, and subsequent to drills or attacks; (h) The safety of public meetings or gatherings; and (i) Mobile support units. Article 3.Any party state requested to render mutual aid shall take such action as is necessary to provide and make available the resources covered by this compact in accordance with the terms hereof; provided that it is understood that the state rendering aid may withhold resources to the extent necessary to provide reasonable protection for such state. Each party state shall extend to the civil defense forces of any other party state, while operating within its state limits under the terms and conditions of this compact, the same powers (except that of arrest unless specifically authorized by the receiving state), duties, rights, privileges and immunities as if they were performing their duties in the state in which normally employed or rendering services. Civil defense forces will continue under the command and control of their regular leaders but the organizational units will come under the operational control of the civil defense authorities of the state receiving assistance. Article 4.Whenever any person holds a license, certificate or other permit issued by any state evidencing the meeting of qualifications for professional, mechanical or other skills, such person may render aid involving such skill in any party state to meet an emergency or disaster and such state shall give due recognition to such license, certificate or other permit as if issued in the state in which aid is rendered. Article 5.No party state or its officers or employees rendering aid in another state pursuant to this compact shall be liable on account of any act or omission in good faith on the part of such forces while so engaged, or on account of the maintenance or use of any equipment or supplies in connection therewith. Article 6.Inasmuch as it is probable that the pattern and detail of the machinery for mutual aid among two or more states may differ from that appropriate among other states party hereto, this instrument contains elements of a broad base common to all states, and nothing herein contained shall preclude any state from entering into supplementary agreements with another state or states. Such supplementary agreements may comprehend, but shall not be limited to, provisions for evacuation and reception of injured and other persons, and the exchange of medical, fire, police, public utility, reconnaissance, welfare, transportation and communications personnel, equipment and supplies. Article 7.Each party state shall provide for the payment of compensation and death benefits to injured members of the civil defense forces of that state and the representatives of deceased members of such forces in case such members sustain injuries or are killed while rendering aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within such state. Article 8.Any party state rendering aid in another state pursuant to this compact shall be reimbursed by the party state receiving such aid for any loss or damage to, or expense incurred in the operation of, any equipment answering a request for aid, and for the cost incurred in connection with such requests; provided, that any aiding party state may assume in whole or in part such loss, damage, expense, or other cost, or may loan such equipment or donate such services to the receiving party state without charge or cost; and provided further that any two or more party states may enter into supplementary agreements establishing a different allocation of costs as among those states. The United States Government may relieve the party state receiving aid from any liability and reimburse the party state supplying civil defense forces for the compensation paid to and the transportation, subsistence and maintenance expenses of such forces during the time of the rendition of such aid or assistance outside the state and may also pay fair and reasonable compensation for the use or utilization of the supplies, materials, equipment or facilities so utilized or consumed. Article 9.Plans for the orderly evacuation and reception of the civilian population as the result of an emergency or disaster shall be worked out from time to time between representatives of the party states and the various local civil defense areas thereof. Such plans shall include the manner of transporting such evacuees, the number of evacuees to be received in different areas, the manner in which food, clothing, housing, and medical care will be provided, the registration of the evacuees, the providing of facilities for the notification of relatives or friends, and the forwarding of such evacuees to other areas or the bringing in of additional materials, supplies, and all other relevant factors. Such plans shall provide that the party state receiving evacuees shall be reimbursed generally for the out-of-pocket expenses incurred in receiving and caring for such evacuees, and for expenditures for transportation, food, clothing, medicines and medical care and like items. Such expenditures shall be reimbursed by the party state of which the evacuees are residents, or by the United States Government under plans approved by it. After the termination of the emergency or disaster the party state of which the evacuees are resident shall assume the responsibility for the ultimate support or repatriation of such evacuees. Article 10.This compact shall be available to any state, territory or possession of the United States, and the District of Columbia. The term “state” may also include any neighboring foreign country or province or state thereof. Article 11.The committee established pursuant to Article 1 of this compact may request the Civil Defense Agency of the United States Government to act as an informational and coordinating body under this compact, and representatives of such agency of the United States Government may attend meetings of such committee. Article 12.This compact shall become operative immediately upon its ratification by any state as between it and any other state or states so ratifying and shall be subject to approval by Congress unless prior congressional approval has been given. Duly authenticated copies of this compact and of such supplementary agreements as may be entered into shall, at the time of their approval, be deposited with each of the party states and with the Civil Defense Agency and other appropriate agencies of the United States Government. Article 13.This compact shall continue in force and remain binding on each party state until the Legislature or the Governor of such party state takes action to withdraw therefrom. Such action shall not be effective until 30 days after notice thereof has been sent by the Governor of the party state desiring to withdraw to the Governors of all other party states. Article 14.This compact shall be construed to effectuate the purposes stated in Article 1 hereof. If any provision of this compact is declared unconstitutional, or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder of this compact and the applicability thereof to other persons and circumstances shall not be affected thereby. Done at the State Capitol in Sacramento, this 10th day of December in the year of our Lord one thousand nine hundred and fifty one. IN WITNESS WHEREOF I hereby affix my signature, pursuant to the authority vested in me by law as Governor of the State of California. Signed Earl Warren, Governor (Added by Stats. 1977, Ch. 161.) - 178.5. Verify source ↗
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. SOVEREIGNTY AND PEOPLE OF THE STATE [100 - 275.2] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Sovereignty of the State [100 - 210.6] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3.6. Interstate Civil Defense and Disaster Compact [177 - 178.5] ( Article 3.6 added by Stats. 1977, Ch. 161. )
The Governor may execute Article XV of the Interstate Civil Defense and Disaster Compact for California.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. SOVEREIGNTY AND PEOPLE OF THE STATE [100 - 275.2] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Sovereignty of the State [100 - 210.6] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3.6. Interstate Civil Defense and Disaster Compact [177 - 178.5] ( Article 3.6 added by Stats. 1977, Ch. 161. ) ## 178.5. In addition to any other authority conferred upon him, the Governor is authorized and may execute for, on behalf of, and in the name of the State of California, the provisions of Article XV to the Interstate Civil Defense and Disaster Compact, which provisions provide as follows: Article XV.(a) This article shall be in effect only as among those states which have enacted it into law or in which the governors have adopted it pursuant to constitutional or statutory authority sufficient to give it the force of law as part of this compact. Nothing contained in this article or in any supplementary agreement made in implementation thereof shall be construed to abridge, impair or supersede any other provision of this compact or any obligation undertaken by a state pursuant thereto, except that if its terms so provide a supplementary agreement in implementation of this article may modify, expand or add to any such obligation as among the parties to the supplementary agreement. (b) In addition to the occurrences, circumstances and subject matters to which preceding articles of this compact make it applicable, this compact and the authorizations, entitlements and procedures thereof shall apply to: 1. Searches for and rescue of persons who are lost, marooned, or otherwise in danger. 2. Action useful in coping with disasters arising from any cause or designed to increase the capability to cope with any such disasters. 3. Incidents, or the imminence thereof, which endanger the health or safety of the public and which require the use of special equipment, trained personnel or personnel in larger numbers than are locally available in order to reduce, counteract or remove the danger. 4. The giving and receiving of aid by subdivisions of party states. 5. Exercises, drills or other training or practice activities designed to aid personnel to prepare for, cope with or prevent any disaster or other emergency to which this compact applies. (c) Except as expressly limited by this compact or a supplementary agreement in force pursuant thereto, any aid authorized by this compact or such supplementary agreement may be furnished by any agency of a party state, a subdivision of such state, or by a joint agency providing such aid shall be entitled to reimbursement therefor to the same extent and in the same manner as a state. The personnel of such a joint agency, when rendering aid pursuant to this compact shall have the same rights, authority and immunity as personnel of party states. (d) Nothing in this article shall be construed to exclude from the coverage of Articles 1–XIV of this compact any matter which, in the absence of this article, could reasonably be construed to be covered thereby. (e) Nothing in subsection (a) shall be construed to limit previous or future entry into the Interstate Civil Defense and Disaster Compact of this state with other states. (Added by Stats. 1977, Ch. 161.) - 1780. Verify source ↗
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Resignations and Vacancies [1750 - 1782] ( Chapter 4 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Vacancies [1770 - 1782] ( Article 2 added by Stats. 1943, Ch. 134. )
This section sets the process and deadlines for filling a vacancy on a special district governing board.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Resignations and Vacancies [1750 - 1782] ( Chapter 4 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Vacancies [1770 - 1782] ( Article 2 added by Stats. 1943, Ch. 134. ) ## 1780. (a) Notwithstanding any other provision of law, a vacancy in any elective office on the governing board of a special district, other than those specified in Section 1781, shall be filled pursuant to this section. (b) The district shall notify the county elections official of the vacancy no later than 15 days after either the date on which the district board is notified of the vacancy or the effective date of the vacancy, whichever is later. (c) The remaining members of the district board may fill the vacancy either by appointment pursuant to subdivision (d) or by calling an election pursuant to subdivision (e). (d) (1) The remaining members of the district board shall make the appointment pursuant to this subdivision within 60 days after either the date on which the district board is notified of the vacancy or the effective date of the vacancy, whichever is later. The district shall post a notice of the vacancy in three or more conspicuous places in the district at least 15 days before the district board makes the appointment. The district shall notify the county elections official of the appointment no later than 15 days after the appointment. (2) If the vacancy occurs in the first half of a term of office and at least 130 days prior to the next general district election, the person appointed to fill the vacancy shall hold office until the next general district election that is scheduled 130 or more days after the date the district board is notified of the vacancy, and thereafter until the person who is elected at that election to fill the vacancy has been qualified. The person elected to fill the vacancy shall hold office for the unexpired balance of the term of office. (3) If the vacancy occurs in the first half of a term of office, but less than 130 days prior to the next general district election, or if the vacancy occurs in the second half of a term of office, the person appointed to fill the vacancy shall fill the balance of the unexpired term of office. (e) (1) In lieu of making an appointment the remaining members of the board may within 60 days of the date the district board is notified of the vacancy or the effective date of the vacancy, whichever is later, call an election to fill the vacancy. (2) The election called pursuant to this subdivision shall be held on the next established election date provided in Chapter 1 (commencing with Section 1000) of Division 1 of the Elections Code that is 130 or more days after the date the district board calls the election. (f) (1) If the vacancy is not filled by the district board by appointment, or if the district board has not called for an election within 60 days of the date the district board is notified of the vacancy or the effective date of the vacancy, whichever is later, then the city council of the city in which the district is wholly located, or if the district is not wholly located within a city, the board of supervisors of the county representing the larger portion of the district area in which the election to fill the vacancy will be held, may appoint a person to fill the vacancy within 90 days of the date the district board is notified of the vacancy or the effective date of the vacancy, whichever is later, or the city council or board of supervisors may order the district to call an election to fill the vacancy. (2) The election called pursuant to this subdivision shall be held on the next established election date provided in Chapter 1 (commencing with Section 1000) of Division 1 of the Elections Code that is 130 or more days after the date the city council or board of supervisors calls the election. (g) (1) If within 90 days of the date the district board is notified of the vacancy or the effective date of the vacancy, whichever is later, the remaining members of the district board or the appropriate board of supervisors or city council have not filled the vacancy and no election has been called for, then the district board shall call an election to fill the vacancy. (2) The election called pursuant to this subdivision shall be held on the next established election date provided in Chapter 1 (commencing with Section 1000) of Division 1 of the Elections Code that is 130 or more days after the date the district board calls the election. (h) (1) Notwithstanding any other provision of this section, if the number of remaining members of the district board falls below a quorum, then at the request of the district secretary or a remaining member of the district board, the appropriate board of supervisors or the city council shall promptly appoint a person to fill the vacancy, or may call an election to fill the vacancy. (2) The board of supervisors or the city council shall only fill enough vacancies by appointment or by election to provide the district board with a quorum. (3) If the vacancy occurs in the first half of a term of office and at least 130 days prior to the next general district election, the person appointed to fill the vacancy shall hold the office until the next general district election that is scheduled 130 or more days after the date the district board is notified of the vacancy, and thereafter until the person who is elected at that election to fill the vacancy has been qualified. The person elected to fill the vacancy shall hold office for the unexpired balance of the term of office. (4) If the vacancy occurs in the first half of a term of office, but less than 130 days prior to the next general district election, or if the vacancy occurs in the second half of a term of office, the person appointed to fill the vacancy shall fill the balance of the unexpired term of office. (5) The election called pursuant to this subdivision shall be held on the next established election date provided in Chapter 1 (commencing with Section 1000) of Division 1 of the Elections Code that is held 130 or more days after the date the city council or board of supervisors calls the election. (Amended by Stats. 2007, Ch. 343, Sec. 4. Effective January 1, 2008.) - 1781. Verify source ↗
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Resignations and Vacancies [1750 - 1782] ( Chapter 4 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Vacancies [1770 - 1782] ( Article 2 added by Stats. 1943, Ch. 134. )
Section 1780 does not apply to certain school and utility/water districts.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Resignations and Vacancies [1750 - 1782] ( Chapter 4 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Vacancies [1770 - 1782] ( Article 2 added by Stats. 1943, Ch. 134. ) ## 1781. The provisions of Section 1780 shall not apply to a school district, a district organized pursuant to Division 6 (commencing with Section 11501) of the Public Utilities Code, or a district subject to the provisions of Chapter 5 (commencing with Section 22825) of Part 5 of Division 11 of the Water Code. (Added by Stats. 1975, Ch. 1059.) - 1782. Verify source ↗
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Resignations and Vacancies [1750 - 1782] ( Chapter 4 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Vacancies [1770 - 1782] ( Article 2 added by Stats. 1943, Ch. 134. )
When a vacancy arises on a state board or commission, or a seat is abolished, the board or commission must notify the appointing authority, and the appointing authority must notify the affected person.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Resignations and Vacancies [1750 - 1782] ( Chapter 4 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Vacancies [1770 - 1782] ( Article 2 added by Stats. 1943, Ch. 134. ) ## 1782. Notwithstanding any other provision of the law, whenever a vacancy occurs on a state board or commission, or a seat on a board or commission is abolished by statute, the board or commission shall notify the appropriate appointing authority of this occurrence and the appropriate appointing authority shall notify the person occupying the vacated or abolished seat that the person may no longer serve on the board or commission. Except as provided in Section 1774, the person occupying the vacated or abolished seat on the board or commission shall continue to serve until notified by the appropriate appointing authority. (Added by Stats. 1981, Ch. 438, Sec. 1.) - 179. Verify source ↗
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. SOVEREIGNTY AND PEOPLE OF THE STATE [100 - 275.2] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Sovereignty of the State [100 - 210.6] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3.7. Emergency Management Assistance Compact [179 - 179.9] ( Article 3.7 added by Stats. 2005, Ch. 233, Sec. 1. )
California ratifies and approves the Emergency Management Assistance Compact set out in Section 179.5.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. SOVEREIGNTY AND PEOPLE OF THE STATE [100 - 275.2] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Sovereignty of the State [100 - 210.6] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3.7. Emergency Management Assistance Compact [179 - 179.9] ( Article 3.7 added by Stats. 2005, Ch. 233, Sec. 1. ) ## 179. (a) It is the intent of the State of California to continue its long history of sharing emergency response resources with other states during times of disaster. Californian’s have benefited from the assistance provided by the firefighters, law enforcement officers, emergency medical personnel and other emergency staff received from other states during our calamitous fires, earthquakes, winter storms, and other disasters. We must now join our sister states in ensuring we are prepared to aid our people during emergencies by entering into the Emergency Management Assistance Compact as it was adopted by Congress. (b) The Emergency Management Assistance Compact as set forth in Section 179.5 is hereby ratified and approved. (Added by Stats. 2005, Ch. 233, Sec. 1. Effective September 13, 2005. Inoperative March 1, 2038, pursuant to Section 179.9. Repealed as of January 1, 2039, pursuant to Section 179.9.) - 179.5. Verify source ↗
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. SOVEREIGNTY AND PEOPLE OF THE STATE [100 - 275.2] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Sovereignty of the State [100 - 210.6] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3.7. Emergency Management Assistance Compact [179 - 179.9] ( Article 3.7 added by Stats. 2005, Ch. 233, Sec. 1. )
This compact sets rules for interstate emergency aid, including requests, coordination, licensing recognition, reimbursement, liability, evacuation planning, and withdrawal.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. SOVEREIGNTY AND PEOPLE OF THE STATE [100 - 275.2] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Sovereignty of the State [100 - 210.6] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3.7. Emergency Management Assistance Compact [179 - 179.9] ( Article 3.7 added by Stats. 2005, Ch. 233, Sec. 1. ) ## 179.5. The provisions of the Emergency Management Assistance Compact between the State of California and other states that are parties to the compact referred to in Section 179 are as follows: Article 1.Purposes and Authorities This compact is made and entered into by and between the participating member states which enact this compact, hereafter called party states. For the purposes of this agreement, the term “states” is taken to mean the several states, the Commonwealth of Puerto Rico, the District of Columbia, and all United States territorial possessions. The purpose of this compact is to provide for mutual assistance between the states entering into this compact in managing any emergency or disaster that is duly declared by the governor of the affected state, whether arising from natural disaster, technological hazard, manmade disaster, civil emergency aspects of resource shortages, community disorders, insurgency, or enemy attack. This compact shall also provide for mutual cooperation in emergency-related exercises, testing, or other training activities using equipment and personnel simulating performance of any aspect of the giving and receiving of aid by party states or subdivisions of party states during emergencies, such actions occurring outside actual declared emergency periods. Mutual assistance in this compact may include the use of the states’ National Guard forces, either in accordance with the National Guard Mutual Assistance Compact or by mutual agreement between states. Article 2.General Implementation Each party state entering into this compact recognizes many emergencies transcend political jurisdictional boundaries and that intergovernmental coordination is essential in managing these and other emergencies under this compact. Each state further recognizes that there will be emergencies which require immediate access and present procedures to apply outside resources to make a prompt and effective response to such an emergency. This is because few, if any, individual states have all the resources they may need in all types of emergencies or the capability of delivering resources to areas where emergencies exist. The prompt, full, and effective utilization of resources of the participating states, including any resources on hand or available from the federal government or any other source, that are essential to the safety, care, and welfare of the people in the event of any emergency or disaster declared by a party state, shall be the underlying principle on which all articles of this compact shall be understood. On behalf of the governor of each state participating in the compact, the legally designated state official who is assigned responsibility for emergency management will be responsible for formulation of the appropriate interstate mutual aid plans and procedures necessary to implement this compact. Article 3.Party State Responsibilities (a) It shall be the responsibility of each party state to formulate procedural plans and programs for interstate cooperation in the performance of the responsibilities listed in this article. In formulating such plans, and in carrying them out, the party states, insofar as practical, shall: (1) Review individual state hazards analyses and, to the extent reasonably possible, determine all those potential emergencies the party states might jointly suffer, whether due to natural disaster, technological hazard, manmade disaster, emergency aspects of resource shortages, civil disorders, insurgency, or enemy attack. (2) Review party states’ individual emergency plans and develop a plan which will determine the mechanism for the interstate management and provision of assistance concerning any potential emergency. (3) Develop interstate procedures to fill any identified gaps and to resolve any identified inconsistencies or overlaps in existing or developed plans. (4) Assist in warning communities adjacent to or crossing the state boundaries. (5) Protect and assure uninterrupted delivery of services, medicines, water, food, energy and fuel, search and rescue, and critical lifeline equipment, services, and resources, both human and material. (6) Inventory and set procedures for the interstate loan and delivery of human and material resources, together with procedures for reimbursement or forgiveness. (7) Provide, to the extent authorized by law, for temporary suspension of any statutes. (b) The authorized representative of a party state may request assistance of another party state by contacting the authorized representative of that state. The provisions of this agreement shall only apply to requests for assistance made by and to authorized representatives. Requests may be verbal or in writing. If verbal, the request shall be confirmed in writing within 30 days of the verbal request. Requests shall provide the following information: (1) A description of the emergency service function for which assistance is needed, including, but not limited to, fire services, law enforcement, emergency medical, transportation, communications, public works and engineering, building inspection, planning and information assistance, mass care, resource support, health and medical services, and search and rescue. (2) The amount and type of personnel, equipment, materials and supplies needed, and a reasonable estimate of the length of time they will be needed. (3) The specific place and time for staging of the assisting party’s response and a point of contact at that location. (c) There shall be frequent consultation between state officials who have assigned emergency management responsibilities and other appropriate representatives of the party states with affected jurisdictions and the United States Government, with free exchange of information, plans, and resource records relating to emergency capabilities. Article 4.Limitations Any party state requested to render mutual aid or conduct exercises and training for mutual aid shall take such action as is necessary to provide and make available the resources covered by this compact in accordance with the terms hereof; provided that it is understood that the state rendering aid may withhold resources to the extent necessary to provide reasonable protection for such state. Each party state shall afford to the emergency forces of any party state, while operating within its state limits under the terms and conditions of this compact, the same powers (except that of arrest unless specifically authorized by the receiving state), duties, rights, and privileges as are afforded forces of the state in which they are performing emergency services. Emergency forces will continue under the command and control of their regular leaders, but the organizational units will come under the operational control of the emergency services authorities of the state receiving assistance. These conditions may be activated, as needed, only subsequent to a declaration of a state of emergency or disaster by the governor of the party state that is to receive assistance or commencement of exercises or training for mutual aid and shall continue so long as the exercises or training for mutual aid are in progress, the state of emergency or disaster remains in effect, or loaned resources remain in the receiving state, whichever is longer. Article 5.Licenses and Permits Whenever any person holds a license, certificate, or other permit issued by any state party to the compact evidencing the meeting of qualifications for professional, mechanical, or other skills, and when such assistance is requested by the receiving party state, such person shall be deemed licensed, certified, or permitted by the state requesting assistance to render aid involving such skill to meet a declared emergency or disaster, subject to such limitations and conditions as the governor of the requesting state may prescribe by executive order or otherwise. Article 6.Liability Officers or employees of a party state rendering aid in another state pursuant to this compact shall be considered agents of the requesting state for tort liability and immunity purposes. No party state or its officers or employees rendering aid in another state pursuant to this compact shall be liable on account of any act or omission in good faith on the part of such forces while so engaged or on account of the maintenance or use of any equipment or supplies in connection therewith. Good faith in this article shall not include willful misconduct, gross negligence, or recklessness. Article 7.Supplementary Agreements Inasmuch as it is probable that the pattern and detail of the machinery for mutual aid among two or more states may differ from that among the states that are party hereto, this instrument contains elements of a broad base common to all states, and nothing herein contained shall preclude any state from entering into supplementary agreements with another state or affect any other agreements already in force between states. Supplementary agreements may comprehend, but shall not be limited to, provisions for evacuation and reception of injured and other persons and the exchange of medical, fire, police, public utility, reconnaissance, welfare, transportation, and communications personnel, and equipment and supplies. Article 8.Compensation Each party state shall provide for the payment of compensation and death benefits to injured members of the emergency forces of that state and representatives of deceased members of such forces in case such members sustain injuries or are killed while rendering aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within their own state. Article 9.Reimbursement Any party state rendering aid in another state pursuant to this compact shall be reimbursed by the party state receiving such aid for any loss or damage to or expense incurred in the operation of any equipment and the provision of any service in answering a request for aid and for the costs incurred in connection with such requests; provided, that any aiding party state may assume in whole or in part such loss, damage, expense, or other cost, or may loan such equipment or donate such services to the receiving party state without charge or cost; and provided further, that any two or more party states may enter into supplementary agreements establishing a different allocation of costs among those states. Article 8 expenses shall not be reimbursable under this provision. Article 10.Evacuation Plans for the orderly evacuation and interstate reception of portions of the civilian population as the result of any emergency or disaster of sufficient proportions to so warrant, shall be worked out and maintained between the party states and the emergency management/services directors of the various jurisdictions where any type of incident requiring evacuations might occur. Such plans shall be put into effect by request of the state from which evacuees come and shall include the manner of transporting such evacuees, the number of evacuees to be received in different areas, the manner in which food, clothing, housing, and medical care will be provided, the registration of the evacuees, the providing of facilities for the notification of relatives or friends, and the forwarding of such evacuees to other areas or the bringing in of additional materials, supplies, and all other relevant factors. Such plans shall provide that the party state receiving evacuees and the party state from which the evacuees come shall mutually agree as to reimbursement of out-of-pocket expenses incurred in receiving and caring for such evacuees, for expenditures for transportation, food, clothing, medicines, and medical care, and like items. Such expenditures shall be reimbursed as agreed by the party state from which the evacuees come. After the termination of the emergency or disaster, the party state from which the evacuees come shall assume the responsibility for the ultimate support of repatriation of such evacuees. Article 11.Implementation (a) This compact shall become operative immediately upon its enactment into law by any two states. Thereafter, this compact shall become effective as to any other state upon its enactment by such state. (b) Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until 30 days after the governor of the withdrawing state has given notice in writing of such withdrawal to the governors of all other party states. Such action shall not relieve the withdrawing state from obligations assumed hereunder prior to the effective date of withdrawal. (c) Duly authenticated copies of this compact and of such supplementary agreements as may be entered into shall, at the time of their approval, be deposited with each of the party states and with the Federal Emergency Management Agency and other appropriate agencies of the United States Government. Article 12.Validity This act shall be construed to effectuate the purposes stated in Article 1 hereof. If any provision of this compact is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder of this act and the applicability thereof to other persons and circumstances shall not be affected thereby. Article 13.Additional Provisions Nothing in this compact shall authorize or permit the use of military force by the National Guard of a state at any place outside that state in any emergency for which the President is authorized by law to call into federal service the militia, or for any purpose for which the use of the Army or the Air Force would in the absence of express statutory authorization be prohibited under Section 1385 of Title 18 of the United States Code. (Added by Stats. 2005, Ch. 233, Sec. 1. Effective September 13, 2005. Inoperative March 1, 2038, pursuant to Section 179.9. Repealed as of January 1, 2039, pursuant to Section 179.9.) - 179.7. Verify source ↗
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. SOVEREIGNTY AND PEOPLE OF THE STATE [100 - 275.2] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Sovereignty of the State [100 - 210.6] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3.7. Emergency Management Assistance Compact [179 - 179.9] ( Article 3.7 added by Stats. 2005, Ch. 233, Sec. 1. )
California state law requires the state to indemnify certain resident officers or employees injured or killed while rendering aid under the compact, and requires defense and indemnification for certain local or special-district personnel officially deployed under the compact.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. SOVEREIGNTY AND PEOPLE OF THE STATE [100 - 275.2] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Sovereignty of the State [100 - 210.6] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3.7. Emergency Management Assistance Compact [179 - 179.9] ( Article 3.7 added by Stats. 2005, Ch. 233, Sec. 1. ) ## 179.7. (a) Notwithstanding Article 6 of the Emergency Management Assistance Compact, as set forth in Section 179.5, the state shall indemnify and make whole any officer or employee who is a resident of California, or his or her heirs, if the officer or employee is injured or killed in another state when rendering aid pursuant to the compact, as if the act or acts occurred in California, less any recovery obtained under the provisions of Article 6 of the Emergency Management Assistance Compact. (b) Local government or special district personnel who are officially deployed under the provisions of the Emergency Management Assistance Compact pursuant to an assignment of the Office of Emergency Services shall be defended by the Attorney General or other legal counsel provided by the state, and shall be indemnified subject to the same conditions and limitations applicable to state employees. (Amended by Stats. 2013, Ch. 352, Sec. 102. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352. Inoperative March 1, 2038, pursuant to Section 179.9. Repealed as of January 1, 2039, pursuant to Section 179.9.) - 179.8. Verify source ↗
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. SOVEREIGNTY AND PEOPLE OF THE STATE [100 - 275.2] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Sovereignty of the State [100 - 210.6] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3.7. Emergency Management Assistance Compact [179 - 179.9] ( Article 3.7 added by Stats. 2005, Ch. 233, Sec. 1. )
The state must not deploy personnel under the compact to help a party state, and must not receive aid from a party state, when the situation arises from a labor controversy.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. SOVEREIGNTY AND PEOPLE OF THE STATE [100 - 275.2] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Sovereignty of the State [100 - 210.6] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3.7. Emergency Management Assistance Compact [179 - 179.9] ( Article 3.7 added by Stats. 2005, Ch. 233, Sec. 1. ) ## 179.8. Notwithstanding the provisions of the Emergency Management Assistance Compact, as set forth in Section 179.5, the state shall not deploy any personnel under the compact to render aid to a party state for any conditions resulting from a labor controversy, and the state shall not receive aid from a party state for conditions resulting from a labor controversy. (Added by Stats. 2007, Ch. 414, Sec. 1. Effective October 10, 2007. Inoperative March 1, 2038, pursuant to Section 179.9. Repealed as of January 1, 2039, pursuant to Section 179.9.) - 179.9. Verify source ↗
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. SOVEREIGNTY AND PEOPLE OF THE STATE [100 - 275.2] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Sovereignty of the State [100 - 210.6] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3.7. Emergency Management Assistance Compact [179 - 179.9] ( Article 3.7 added by Stats. 2005, Ch. 233, Sec. 1. )
This article becomes inoperative on March 1, 2038, and is repealed on January 1, 2039.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. SOVEREIGNTY AND PEOPLE OF THE STATE [100 - 275.2] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Sovereignty of the State [100 - 210.6] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3.7. Emergency Management Assistance Compact [179 - 179.9] ( Article 3.7 added by Stats. 2005, Ch. 233, Sec. 1. ) ## 179.9. This article shall become inoperative on March 1, 2038, and, as of January 1, 2039, is repealed. (Amended by Stats. 2024, Ch. 402, Sec. 1. (AB 2469) Effective January 1, 2025. Repealed as of January 1, 2039, by its own provisions. Note: Termination clause affects Article 3.7, commencing with Section 179.) - 18. Verify source ↗
## Government Code - GOV ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1943, Ch. 134. )
This section defines “State” as California, except when the term refers to different parts of the United States, in which case it also includes the District of Columbia and the territories.
## Government Code - GOV ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1943, Ch. 134. ) ## 18. “State” means the State of California, unless applied to the different parts of the United States. In the latter case, it includes the District of Columbia and the territories. (Enacted by Stats. 1943, Ch. 134.) - 180. Verify source ↗
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. SOVEREIGNTY AND PEOPLE OF THE STATE [100 - 275.2] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Sovereignty of the State [100 - 210.6] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4. Rights Over Property [180 - 186] ( Article 4 enacted by Stats. 1943, Ch. 134. )
This section says “property” includes real and personal property.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. SOVEREIGNTY AND PEOPLE OF THE STATE [100 - 275.2] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Sovereignty of the State [100 - 210.6] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4. Rights Over Property [180 - 186] ( Article 4 enacted by Stats. 1943, Ch. 134. ) ## 180. As used herein, “property” includes real and personal property. (Enacted by Stats. 1943, Ch. 134.) - 18000. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 1. GENERAL [18000 - 18220] ( Part 1 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. Salaries [18000 - 18004] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 1. General [18000 - 18004] ( Article 1 added by Stats. 1945, Ch. 123. )
A state officer’s salary fixed by law is full compensation, and the officer may not keep any fee or perquisite for official duties.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 1. GENERAL [18000 - 18220] ( Part 1 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. Salaries [18000 - 18004] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 1. General [18000 - 18004] ( Article 1 added by Stats. 1945, Ch. 123. ) ## 18000. 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. (Amended by Stats. 1981, Ch. 230, Sec. 7.) - 18000.5. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 1. GENERAL [18000 - 18220] ( Part 1 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. Salaries [18000 - 18004] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 1. General [18000 - 18004] ( Article 1 added by Stats. 1945, Ch. 123. )
State officers and employees may be paid by certain nonprofit corporations only if approval and disclosure requirements are met.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 1. GENERAL [18000 - 18220] ( Part 1 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. Salaries [18000 - 18004] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 1. General [18000 - 18004] ( Article 1 added by Stats. 1945, Ch. 123. ) ## 18000.5. (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. (Amended by Stats. 2012, Ch. 665, Sec. 54. (SB 1308) Effective January 1, 2013.) - 18000.7. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 1. GENERAL [18000 - 18220] ( Part 1 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. Salaries [18000 - 18004] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 1. General [18000 - 18004] ( Article 1 added by Stats. 1945, Ch. 123. )
A California Science and Technology Policy Fellow’s services are not treated as compensation of a state elective or appointive officer if the fellow is authorized under an executed memorandum of understanding with a council and an executive branch agency or department.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 1. GENERAL [18000 - 18220] ( Part 1 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. Salaries [18000 - 18004] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 1. General [18000 - 18004] ( Article 1 added by Stats. 1945, Ch. 123. ) ## 18000.7. (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. (Added by Stats. 2023, Ch. 112, Sec. 2. (SB 698) Effective January 1, 2024.) - 18000.8. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 1. GENERAL [18000 - 18220] ( Part 1 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. Salaries [18000 - 18004] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 1. General [18000 - 18004] ( Article 1 added by Stats. 1945, Ch. 123. )
A policy fellow’s services provided by an association are not treated as compensation of a state elective or appointive officer for this article.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 1. GENERAL [18000 - 18220] ( Part 1 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. Salaries [18000 - 18004] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 1. General [18000 - 18004] ( Article 1 added by Stats. 1945, Ch. 123. ) ## 18000.8. (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. (Added by Stats. 2024, Ch. 238, Sec. 2. (AB 2573) Effective January 1, 2025.) - 18001. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 1. GENERAL [18000 - 18220] ( Part 1 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. Salaries [18000 - 18004] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 1. General [18000 - 18004] ( Article 1 added by Stats. 1945, Ch. 123. )
Every employee has a right to inspect personnel records, subject to Section 1198.5 of the Labor Code.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 1. GENERAL [18000 - 18220] ( Part 1 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. Salaries [18000 - 18004] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 1. General [18000 - 18004] ( Article 1 added by Stats. 1945, Ch. 123. ) ## 18001. Every employee has the right to inspect personnel records pursuant to Section 1198.5 of the Labor Code. (Added by Stats. 2000, Ch. 886, Sec. 5. Effective January 1, 2001.) - 18003. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 1. GENERAL [18000 - 18220] ( Part 1 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. Salaries [18000 - 18004] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 1. General [18000 - 18004] ( Article 1 added by Stats. 1945, Ch. 123. )
The Controller may issue and deliver payroll warrants for salary or compensation during a pay period, and must adopt rules for delivering those warrants to employees.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 1. GENERAL [18000 - 18220] ( Part 1 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. Salaries [18000 - 18004] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 1. General [18000 - 18004] ( Article 1 added by Stats. 1945, Ch. 123. ) ## 18003. 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. (Amended by Stats. 1981, Ch. 307, Sec. 1.) - 18004. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 1. GENERAL [18000 - 18220] ( Part 1 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. Salaries [18000 - 18004] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 1. General [18000 - 18004] ( Article 1 added by Stats. 1945, Ch. 123. )
State officers and state agencies must separately count certain reimbursed positions in reports that show changes in employee or personnel-year numbers.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 1. GENERAL [18000 - 18220] ( Part 1 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. Salaries [18000 - 18004] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 1. General [18000 - 18004] ( Article 1 added by Stats. 1945, Ch. 123. ) ## 18004. (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. (Amended by Stats. 1992, Ch. 427, Sec. 52. Effective January 1, 1993.) - 181. Verify source ↗
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. SOVEREIGNTY AND PEOPLE OF THE STATE [100 - 275.2] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Sovereignty of the State [100 - 210.6] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4. Rights Over Property [180 - 186] ( Article 4 enacted by Stats. 1943, Ch. 134. )
The people of the state hold the original and ultimate right to all property within the state.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. SOVEREIGNTY AND PEOPLE OF THE STATE [100 - 275.2] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Sovereignty of the State [100 - 210.6] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4. Rights Over Property [180 - 186] ( Article 4 enacted by Stats. 1943, Ch. 134. ) ## 181. The original and ultimate right to all property within the limits of the State is in the people thereof. (Enacted by Stats. 1943, Ch. 134.) - 18150. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 1. GENERAL [18000 - 18220] ( Part 1 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Oaths for State Employees [18150 - 18158] ( Heading of Chapter 2 renumbered from Chapter 4 by Stats. 1985, Ch. 794, Sec. 1. )
This section says the oath required for this chapter is the oath in Section 3 of Article XX of the California Constitution.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 1. GENERAL [18000 - 18220] ( Part 1 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Oaths for State Employees [18150 - 18158] ( Heading of Chapter 2 renumbered from Chapter 4 by Stats. 1985, Ch. 794, Sec. 1. ) ## 18150. The oath required by this chapter is the oath set forth in Section 3 of Article XX of the Constitution of California. (Amended by Stats. 1953, Ch. 1250.) - 18150.5. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 1. GENERAL [18000 - 18220] ( Part 1 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Oaths for State Employees [18150 - 18158] ( Heading of Chapter 2 renumbered from Chapter 4 by Stats. 1985, Ch. 794, Sec. 1. )
If this chapter conflicts with a memorandum of understanding, the memorandum controls. But if the memorandum requires spending funds, it does not take effect unless the Legislature approves it in the annual Budget Act.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 1. GENERAL [18000 - 18220] ( Part 1 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Oaths for State Employees [18150 - 18158] ( Heading of Chapter 2 renumbered from Chapter 4 by Stats. 1985, Ch. 794, Sec. 1. ) ## 18150.5. 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. (Added by Stats. 1979, Ch. 1072.) - 18151. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 1. GENERAL [18000 - 18220] ( Part 1 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Oaths for State Employees [18150 - 18158] ( Heading of Chapter 2 renumbered from Chapter 4 by Stats. 1985, Ch. 794, Sec. 1. )
Certain state employees must take and sign the oath required by this chapter within 30 days.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 1. GENERAL [18000 - 18220] ( Part 1 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Oaths for State Employees [18150 - 18158] ( Heading of Chapter 2 renumbered from Chapter 4 by Stats. 1985, Ch. 794, Sec. 1. ) ## 18151. 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. (Added by Stats. 1945, Ch. 123.) - 18152. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 1. GENERAL [18000 - 18220] ( Part 1 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Oaths for State Employees [18150 - 18158] ( Heading of Chapter 2 renumbered from Chapter 4 by Stats. 1985, Ch. 794, Sec. 1. )
A person appointed to a state position outside the state civil service must take, sign, and file the oath as required by Article 4.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 1. GENERAL [18000 - 18220] ( Part 1 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Oaths for State Employees [18150 - 18158] ( Heading of Chapter 2 renumbered from Chapter 4 by Stats. 1985, Ch. 794, Sec. 1. ) ## 18152. 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. (Amended by Stats. 2017, Ch. 561, Sec. 83. (AB 1516) Effective January 1, 2018.) - 18153. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 1. GENERAL [18000 - 18220] ( Part 1 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Oaths for State Employees [18150 - 18158] ( Heading of Chapter 2 renumbered from Chapter 4 by Stats. 1985, Ch. 794, Sec. 1. )
A state civil service employee must take the oath before an authorized person and file it within 30 days after it is taken and subscribed. The State Personnel Board must prepare and furnish printed oath forms.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 1. GENERAL [18000 - 18220] ( Part 1 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Oaths for State Employees [18150 - 18158] ( Heading of Chapter 2 renumbered from Chapter 4 by Stats. 1985, Ch. 794, Sec. 1. ) ## 18153. 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. (Amended by Stats. 1967, Ch. 159.) - 18154. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 1. GENERAL [18000 - 18220] ( Part 1 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Oaths for State Employees [18150 - 18158] ( Heading of Chapter 2 renumbered from Chapter 4 by Stats. 1985, Ch. 794, Sec. 1. )
A person appointed to a state position outside the state civil service must take the oath required by this chapter within the required time, or they forfeit the position and it becomes vacant.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 1. GENERAL [18000 - 18220] ( Part 1 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Oaths for State Employees [18150 - 18158] ( Heading of Chapter 2 renumbered from Chapter 4 by Stats. 1985, Ch. 794, Sec. 1. ) ## 18154. 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. (Added by Stats. 1945, Ch. 123.) - 18155. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 1. GENERAL [18000 - 18220] ( Part 1 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Oaths for State Employees [18150 - 18158] ( Heading of Chapter 2 renumbered from Chapter 4 by Stats. 1985, Ch. 794, Sec. 1. )
A permanent State civil service appointee must take and subscribe the oath within the time set by this chapter, or the State Personnel Board may dismiss them.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 1. GENERAL [18000 - 18220] ( Part 1 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Oaths for State Employees [18150 - 18158] ( Heading of Chapter 2 renumbered from Chapter 4 by Stats. 1985, Ch. 794, Sec. 1. ) ## 18155. 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. (Added by Stats. 1945, Ch. 123.) - 18156. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 1. GENERAL [18000 - 18220] ( Part 1 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Oaths for State Employees [18150 - 18158] ( Heading of Chapter 2 renumbered from Chapter 4 by Stats. 1985, Ch. 794, Sec. 1. )
A civil service employee who files the required oath on time is conclusively presumed to be legally holding the position for oath-related laws.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 1. GENERAL [18000 - 18220] ( Part 1 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Oaths for State Employees [18150 - 18158] ( Heading of Chapter 2 renumbered from Chapter 4 by Stats. 1985, Ch. 794, Sec. 1. ) ## 18156. 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. (Added by Stats. 1945, Ch. 123.) - 18157. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 1. GENERAL [18000 - 18220] ( Part 1 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Oaths for State Employees [18150 - 18158] ( Heading of Chapter 2 renumbered from Chapter 4 by Stats. 1985, Ch. 794, Sec. 1. )
Every appointing power must immediately tell each new civil service employee which chapter provisions apply to that employee.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 1. GENERAL [18000 - 18220] ( Part 1 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Oaths for State Employees [18150 - 18158] ( Heading of Chapter 2 renumbered from Chapter 4 by Stats. 1985, Ch. 794, Sec. 1. ) ## 18157. 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. (Added by Stats. 1945, Ch. 123.) - 18158. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 1. GENERAL [18000 - 18220] ( Part 1 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Oaths for State Employees [18150 - 18158] ( Heading of Chapter 2 renumbered from Chapter 4 by Stats. 1985, Ch. 794, Sec. 1. )
A person before whom an oath is taken and subscribed may not charge a fee.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 1. GENERAL [18000 - 18220] ( Part 1 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Oaths for State Employees [18150 - 18158] ( Heading of Chapter 2 renumbered from Chapter 4 by Stats. 1985, Ch. 794, Sec. 1. ) ## 18158. No fee shall be charged by any person before whom the oath is taken and subscribed. (Added by Stats. 1945, Ch. 123.) - 182. Verify source ↗
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. SOVEREIGNTY AND PEOPLE OF THE STATE [100 - 275.2] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Sovereignty of the State [100 - 210.6] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4. Rights Over Property [180 - 186] ( Article 4 enacted by Stats. 1943, Ch. 134. )
Property in the State that belongs to no one belongs to the people, and property that loses title because there are no heirs or next of kin reverts to the people.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. SOVEREIGNTY AND PEOPLE OF THE STATE [100 - 275.2] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Sovereignty of the State [100 - 210.6] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4. Rights Over Property [180 - 186] ( Article 4 enacted by Stats. 1943, Ch. 134. ) ## 182. All property within the limits of the State, which does not belong to any person, belongs to the people. Whenever the title to any property fails for want of heirs or next of kin, it reverts to the people. (Enacted by Stats. 1943, Ch. 134.) - 18200. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 1. GENERAL [18000 - 18220] ( Part 1 added by Stats. 1945, Ch. 123. ) ## CHAPTER 3. Loyalty [18200- 18200.] ( Heading of Chapter 3 renumbered from Chapter 5 by Stats. 1985, Ch. 794, Sec. 2. )
People employed by a state agency or court cannot be knowingly employed if they support or assist sabotage, force and violence, sedition, or treason against the United States or California, and such employees must be discharged once the appointing power learns of the conduct.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 1. GENERAL [18000 - 18220] ( Part 1 added by Stats. 1945, Ch. 123. ) ## CHAPTER 3. Loyalty [18200- 18200.] ( Heading of Chapter 3 renumbered from Chapter 5 by Stats. 1985, Ch. 794, Sec. 2. ) ## 18200. 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. (Amended by Stats. 1979, Ch. 1072.) - 18210. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 1. GENERAL [18000 - 18220] ( Part 1 added by Stats. 1945, Ch. 123. ) ## CHAPTER 4. Administrative Regulations [18210 - 18216] ( Chapter 4 added by Stats. 1996, Ch. 935, Sec. 1. )
This chapter sets basic minimum procedural requirements for adopting, amending, or repealing board regulations.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 1. GENERAL [18000 - 18220] ( Part 1 added by Stats. 1945, Ch. 123. ) ## CHAPTER 4. Administrative Regulations [18210 - 18216] ( Chapter 4 added by Stats. 1996, Ch. 935, Sec. 1. ) ## 18210. The Legislature finds and declares that the purpose of this chapter is to establish basic minimum procedural requirements for the adoption, amendment, or repeal of board regulations. Nothing in this chapter repeals or diminishes additional requirements imposed by statute. (Added by Stats. 1996, Ch. 935, Sec. 1. Effective January 1, 1997.) - 18211. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 1. GENERAL [18000 - 18220] ( Part 1 added by Stats. 1945, Ch. 123. ) ## CHAPTER 4. Administrative Regulations [18210 - 18216] ( Chapter 4 added by Stats. 1996, Ch. 935, Sec. 1. )
Regulations adopted by the State Personnel Board are exempt from the Administrative Procedure Act, except where Sections 18215 and 18216 apply.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 1. GENERAL [18000 - 18220] ( Part 1 added by Stats. 1945, Ch. 123. ) ## CHAPTER 4. Administrative Regulations [18210 - 18216] ( Chapter 4 added by Stats. 1996, Ch. 935, Sec. 1. ) ## 18211. 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. (Added by Stats. 1996, Ch. 935, Sec. 1. Effective January 1, 1997.) - 18212. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 1. GENERAL [18000 - 18220] ( Part 1 added by Stats. 1945, Ch. 123. ) ## CHAPTER 4. Administrative Regulations [18210 - 18216] ( Chapter 4 added by Stats. 1996, Ch. 935, Sec. 1. )
This section defines “regulation” for this chapter and lists several things that are not regulations.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 1. GENERAL [18000 - 18220] ( Part 1 added by Stats. 1945, Ch. 123. ) ## CHAPTER 4. Administrative Regulations [18210 - 18216] ( Chapter 4 added by Stats. 1996, Ch. 935, Sec. 1. ) ## 18212. 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. (Added by Stats. 1996, Ch. 935, Sec. 1. Effective January 1, 1997.) - 18213. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 1. GENERAL [18000 - 18220] ( Part 1 added by Stats. 1945, Ch. 123. ) ## CHAPTER 4. Administrative Regulations [18210 - 18216] ( Chapter 4 added by Stats. 1996, Ch. 935, Sec. 1. )
Certain regulations about selection, examinations, and classification may be adopted without public notice or comment.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 1. GENERAL [18000 - 18220] ( Part 1 added by Stats. 1945, Ch. 123. ) ## CHAPTER 4. Administrative Regulations [18210 - 18216] ( Chapter 4 added by Stats. 1996, Ch. 935, Sec. 1. ) ## 18213. 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. (Added by Stats. 1996, Ch. 935, Sec. 1. Effective January 1, 1997.) - 18214. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 1. GENERAL [18000 - 18220] ( Part 1 added by Stats. 1945, Ch. 123. ) ## CHAPTER 4. Administrative Regulations [18210 - 18216] ( Chapter 4 added by Stats. 1996, Ch. 935, Sec. 1. )
The board must follow notice-and-comment procedures and filing steps when adopting regulations covered by this section.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 1. GENERAL [18000 - 18220] ( Part 1 added by Stats. 1945, Ch. 123. ) ## CHAPTER 4. Administrative Regulations [18210 - 18216] ( Chapter 4 added by Stats. 1996, Ch. 935, Sec. 1. ) ## 18214. (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. (Added by Stats. 1996, Ch. 935, Sec. 1. Effective January 1, 1997.) - 18215. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 1. GENERAL [18000 - 18220] ( Part 1 added by Stats. 1945, Ch. 123. ) ## CHAPTER 4. Administrative Regulations [18210 - 18216] ( Chapter 4 added by Stats. 1996, Ch. 935, Sec. 1. )
Certain regulations are subject to the Administrative Procedure Act, with listed exceptions in subdivision (b).
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 1. GENERAL [18000 - 18220] ( Part 1 added by Stats. 1945, Ch. 123. ) ## CHAPTER 4. Administrative Regulations [18210 - 18216] ( Chapter 4 added by Stats. 1996, Ch. 935, Sec. 1. ) ## 18215. (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. (Amended by Stats. 2014, Ch. 223, Sec. 1. (SB 1206) Effective January 1, 2015.) - 18216. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 1. GENERAL [18000 - 18220] ( Part 1 added by Stats. 1945, Ch. 123. ) ## CHAPTER 4. Administrative Regulations [18210 - 18216] ( Chapter 4 added by Stats. 1996, Ch. 935, Sec. 1. )
Regulations concerning contracting out must follow the Administrative Procedure Act.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 1. GENERAL [18000 - 18220] ( Part 1 added by Stats. 1945, Ch. 123. ) ## CHAPTER 4. Administrative Regulations [18210 - 18216] ( Chapter 4 added by Stats. 1996, Ch. 935, Sec. 1. ) ## 18216. 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). (Added by Stats. 1996, Ch. 935, Sec. 1. Effective January 1, 1997.) - 18220. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 1. GENERAL [18000 - 18220] ( Part 1 added by Stats. 1945, Ch. 123. ) ## CHAPTER 5. Interns and Student Assistants [18220- 18220.] ( Chapter 5 added by Stats. 2011, Ch. 464, Sec. 1. )
State agencies must prefer certain qualified applicants when hiring for internships and student assistant positions, and the application must let applicants say they qualify without forcing them to name the exact category.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 1. GENERAL [18000 - 18220] ( Part 1 added by Stats. 1945, Ch. 123. ) ## CHAPTER 5. Interns and Student Assistants [18220- 18220.] ( Chapter 5 added by Stats. 2011, Ch. 464, Sec. 1. ) ## 18220. (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. (Amended by Stats. 2021, Ch. 204, Sec. 1. (AB 1031) Effective January 1, 2022.) - 183. Verify source ↗
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. SOVEREIGNTY AND PEOPLE OF THE STATE [100 - 275.2] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Sovereignty of the State [100 - 210.6] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4. Rights Over Property [180 - 186] ( Article 4 enacted by Stats. 1943, Ch. 134. )
The State may acquire property by taxation, but only in the ways authorized by law.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. SOVEREIGNTY AND PEOPLE OF THE STATE [100 - 275.2] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Sovereignty of the State [100 - 210.6] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4. Rights Over Property [180 - 186] ( Article 4 enacted by Stats. 1943, Ch. 134. ) ## 183. The State may acquire property by taxation in the modes authorized by law. (Enacted by Stats. 1943, Ch. 134.) - 185. Verify source ↗
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. SOVEREIGNTY AND PEOPLE OF THE STATE [100 - 275.2] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Sovereignty of the State [100 - 210.6] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4. Rights Over Property [180 - 186] ( Article 4 enacted by Stats. 1943, Ch. 134. )
The Governor may sign and deliver deeds or other conveyances to the United States when the Legislature has conveyed certain state-held land interests for specified public projects.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. SOVEREIGNTY AND PEOPLE OF THE STATE [100 - 275.2] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Sovereignty of the State [100 - 210.6] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4. Rights Over Property [180 - 186] ( Article 4 enacted by Stats. 1943, Ch. 134. ) ## 185. The Governor may execute and deliver to the United States all necessary deeds or other conveyances on behalf of the State, in any case where the Legislature conveys to the United States land, rights of way, or other easements in land held by the State, to permit the United States to carry out public work projects, relief projects, or other projects which are intended to aid in the economic rehabilitation of the people of the State. (Added by Stats. 1953, Ch. 170.) - 1850. Verify source ↗
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Obtaining Possession of Office [1850 - 1855] ( Chapter 5 enacted by Stats. 1943, Ch. 134. )
Every officer is entitled to possess books and papers related to the office, including items held by a former incumbent by virtue of that office.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Obtaining Possession of Office [1850 - 1855] ( Chapter 5 enacted by Stats. 1943, Ch. 134. ) ## 1850. Every officer is entitled to the possession of all books and papers pertaining to his office, or in the custody of a former incumbent by virtue of his office. (Enacted by Stats. 1943, Ch. 134.) - 18500. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 1. Purpose [18500 - 18502] ( Article 1 added by Stats. 1945, Ch. 123. )
This section states the purposes of the state civil service part, including efficiency, merit-based appointments, employee security, and fair treatment.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 1. Purpose [18500 - 18502] ( Article 1 added by Stats. 1945, Ch. 123. ) ## 18500. 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. (Amended by Stats. 1988, Ch. 1193, Sec. 1.) - 18501. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 1. Purpose [18500 - 18502] ( Article 1 added by Stats. 1945, Ch. 123. )
This provision says Part 2 and Part 2.6 are called the State Civil Service Act.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 1. Purpose [18500 - 18502] ( Article 1 added by Stats. 1945, Ch. 123. ) ## 18501. This part and Part 2.6 shall be known as the State Civil Service Act. (Added by Stats. 2012, Ch. 360, Sec. 9. (SB 1309) Effective January 1, 2013.) - 18502. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 1. Purpose [18500 - 18502] ( Article 1 added by Stats. 1945, Ch. 123. )
The State Personnel Board must make merit-based civil service rules, may audit and investigate personnel practices, and the department and board must sign a memorandum of understanding on compliance areas and training.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 1. Purpose [18500 - 18502] ( Article 1 added by Stats. 1945, Ch. 123. ) ## 18502. (a) There is hereby created in state government the Department of Human Resources. The department succeeds to and is vested with the following: (1) All of the powers and duties exercised and performed by the Department of Personnel Administration. (2) Those powers, duties, and authorities necessary to operate the state civil service system 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. (Amended by Stats. 2022, Ch. 313, Sec. 2. (AB 1604) Effective January 1, 2023.) - 1851. Verify source ↗
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Obtaining Possession of Office [1850 - 1855] ( Chapter 5 enacted by Stats. 1943, Ch. 134. )
If a person, including a former incumbent, refuses or neglects to deliver books or papers to the actual incumbent, the actual incumbent may petition a court of record or a superior court judge in the relevant county.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Obtaining Possession of Office [1850 - 1855] ( Chapter 5 enacted by Stats. 1943, Ch. 134. ) ## 1851. If any person, including a former incumbent, refuses or neglects to deliver to the actual incumbent any such books or papers, the actual incumbent may petition any court of record sitting in the county where the person so refusing or neglecting resides, or any judge of the superior court residing therein. (Enacted by Stats. 1943, Ch. 134.) - 1852. Verify source ↗
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Obtaining Possession of Office [1850 - 1855] ( Chapter 5 enacted by Stats. 1943, Ch. 134. )
After notice to the adverse party, the court or judge must hear the parties and may order books or papers delivered to the petitioner.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Obtaining Possession of Office [1850 - 1855] ( Chapter 5 enacted by Stats. 1943, Ch. 134. ) ## 1852. After notice to the adverse party, the court or judge shall proceed in a summary way to hear the allegations and proof of the parties, and to order any such books or papers to be delivered to the petitioner. (Enacted by Stats. 1943, Ch. 134.) - 18520. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. )
The definitions in this section control how this part and the rules made under it are interpreted, unless the context requires otherwise.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 18520. Unless the context requires otherwise, the definitions hereinafter set forth govern the construction of this part and the rules adopted hereunder. (Added by Stats. 1945, Ch. 123.) - 18521. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. )
This section defines “Board” and states that the board must be within the Government Operations Agency.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 18521. “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. (Amended by Stats. 2013, Ch. 352, Sec. 301. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.) - 18521.5. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. )
This section defines “Department” as the Department of Human Resources.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 18521.5. “Department” means the Department of Human Resources. (Added by Stats. 2012, Ch. 360, Sec. 11. (SB 1309) Effective January 1, 2013.) - 18522. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. )
This section defines “position” and “former position” for California state civil service.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 18522. “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. (Amended by Stats. 2012, Ch. 360, Sec. 12. (SB 1309) Effective January 1, 2013.) - 18523. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. )
This section defines “class” as a group of positions that are similar enough in duties and responsibilities to use the same title, tests, qualifications, and compensation schedule fairly.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 18523. “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. (Amended by Stats. 1955, Ch. 1227.) - 18524. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. )
This section defines “appointing authority” or “appointing power” as a person or group that can make appointments to state civil service positions.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 18524. “Appointing authority” or “appointing power” means a person or group having authority to make appointments to positions in the state civil service. (Amended by Stats. 2012, Ch. 360, Sec. 13. (SB 1309) Effective January 1, 2013.) - 18525. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. )
“Appointment” means the offer to and acceptance by a person of a position in the State civil service under this part.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 18525. “Appointment” means the offer to and acceptance by a person of a position in the State civil service in accordance with this part. (Added by Stats. 1945, Ch. 123.) - 18525.1. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. )
This section defines “promotion” as an employee’s appointment to a position in a different class with a higher salary range, unless it is a transfer.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 18525.1. “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. (Added by Stats. 1989, Ch. 103, Sec. 1.) - 18525.2. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. )
This section defines “demotion” for state civil service purposes.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 18525.2. “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. (Added by Stats. 1989, Ch. 103, Sec. 2.) - 18525.3. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. )
This section defines “transfer” for state civil service employees.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 18525.3. “Transfer” means both of the following: (a) The appointment of an employee to another position in the same class but under another appointing power. (b) The appointment of an employee to a 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. (Amended by Stats. 2018, Ch. 53, Sec. 18. (SB 866) Effective June 27, 2018.) - 18526. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. )
“Employee” means a person legally holding a position in the State civil service.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 18526. “Employee” means a person legally holding a position in the State civil service. (Added by Stats. 1945, Ch. 123.) - 18527. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. )
This section defines “probationer” and “probationary status” for California state civil service.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 18527. “Probationer” means an employee who has probationary status. “Probationary status” means the status of an employee who has been certified and appointed from an employment list, or has been reinstated after resignation, or has been transferred or demoted but who has not completed the probationary period. (Amended by Stats. 2013, Ch. 427, Sec. 6. (AB 1062) Effective January 1, 2014.) - 18528. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. )
This section defines “permanent employee” and “permanent status.”
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 18528. “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. (Amended by Stats. 2018, Ch. 53, Sec. 19. (SB 866) Effective June 27, 2018.) - 18529. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. )
This section defines “temporary employee” and “temporary appointment.”
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 18529. “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. (Amended by Stats. 1985, Ch. 794, Sec. 5.) - 1853. Verify source ↗
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Obtaining Possession of Office [1850 - 1855] ( Chapter 5 enacted by Stats. 1943, Ch. 134. )
The order’s execution and delivery of the books and papers may be enforced by attachment or, at the petitioner’s request, by a warrant to the county sheriff.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Obtaining Possession of Office [1850 - 1855] ( Chapter 5 enacted by Stats. 1943, Ch. 134. ) ## 1853. The execution of the order and the delivery of the books and papers may be enforced by: (a) Attachment as for a witness. (b) At the request of the petitioner, by a warrant directed to the sheriff of the county commanding him to search for those books and papers, and to take and deliver them to the petitioner. (Amended by Stats. 1996, Ch. 872, Sec. 36. Effective January 1, 1997.) - 18530. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. )
“Limited term employee” means an employee whose appointment, from reinstatement or certification from an employment list, must not exceed two years.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 18530. “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. (Amended by Stats. 1982, Ch. 702, Sec. 1.) - 18531. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. )
This section defines “emergency employee” and “emergency appointment.”
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 18531. “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. (Amended by Stats. 1981, Ch. 48, Sec. 1.) - 18532. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. )
This section defines “eligible list” and “limited term list” for state civil service.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 18532. “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. (Amended by Stats. 1951, Ch. 862.) - 18532.1. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. )
“Preferred limited term list” means a list for certain people who served under limited-term appointment and, under rule, are eligible for more limited-term appointments.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 18532.1. “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. (Amended by Stats. 2013, Ch. 427, Sec. 8. (AB 1062) Effective January 1, 2014.) - 18532.2. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. )
This section defines “departmental eligible list.”
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 18532.2. “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. (Added by Stats. 1982, Ch. 883, Sec. 1.) - 18533. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. )
This section defines four kinds of promotional lists used in California state civil service.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 18533. (a) “Subdivisional promotional list” means a list of persons eligible for certification for a specific class resulting from a promotional examination for a particular subdivision of a state agency. (b) “Departmental promotional list” means a list of persons eligible for certification for a specific class resulting from a promotional examination for a particular state agency. (c) “Multidepartmental promotional list” means a list of persons eligible for certification for a specific class resulting from a promotional examination for a group of state departments. (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. (Amended by Stats. 2013, Ch. 427, Sec. 9. (AB 1062) Effective January 1, 2014.) - 18534. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. )
This section defines “General reemployment list” as a list used to reemploy persons in a particular class in any State agency, regardless of where they previously worked.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 18534. “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. (Added by Stats. 1945, Ch. 123.) - 18535. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. )
“Departmental reemployment list” means a list set up to reemploy persons in a particular class in a particular State agency.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 18535. “Departmental reemployment list” means a list established for the reemployment of persons in a particular class in a particular State agency. (Added by Stats. 1945, Ch. 123.) - 18536. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. )
This section defines “subdivisional reemployment list” as a list created to reemploy persons in a particular class within a particular subdivision of a State agency.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 18536. “Subdivisional reemployment list” means a list established for the reemployment of persons in a particular class in a particular subdivision of a State agency. (Added by Stats. 1945, Ch. 123.) - 18537. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. )
This section defines “employment list” by listing several kinds of lists included in that term.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 18537. “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. (Amended by Stats. 1982, Ch. 883, Sec. 2.) - 18538. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. )
“Part” is defined to include this part, Parts 2.5 and 2.6, and certain portions of Part 1 that give powers to or impose duties on the board or department.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 18538. “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. (Amended by Stats. 2012, Ch. 360, Sec. 14. (SB 1309) Effective January 1, 2013.) - 1854. Verify source ↗
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Obtaining Possession of Office [1850 - 1855] ( Chapter 5 enacted by Stats. 1943, Ch. 134. )
It is a misdemeanor to knowingly take over a public office without being elected or appointed, or to keep exercising office powers after the term has ended when a successor has qualified.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Obtaining Possession of Office [1850 - 1855] ( Chapter 5 enacted by Stats. 1943, Ch. 134. ) ## 1854. Every person who wilfully and knowingly intrudes himself into any public office to which he has not been elected or appointed, and every person who, having been an executive, administrative or ministerial officer, wilfully exercises any of the functions of his office after his term has expired, and a successor has been elected or appointed and has qualified, is guilty of a misdemeanor. (Enacted by Stats. 1943, Ch. 134.) - 18540. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. )
This section defines “Armed forces” as the U.S. Air Force, Army, Navy, Marine Corps, Space Force, and Coast Guard.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 18540. “Armed forces” means the United States Air Force, Army, Navy, Marine Corps, Space Force, and Coast Guard. (Amended by Stats. 2022, Ch. 379, Sec. 9. (AB 1715) Effective January 1, 2023.) - 18540.1. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. )
This section defines “national emergency” for this part as a period when the United States is at war before the Governor declares a state military emergency.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 18540.1. “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. (Added by Stats. 1949, Ch. 808.) - 18540.2. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. )
This section defines “state military emergency” as an emergency that the Governor may declare and end by proclamation.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 18540.2. “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. (Added by Stats. 1949, Ch. 808.) - 18540.3. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. )
This section defines “recognized military service” as full-time service in the armed forces during a national emergency or state military emergency.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 18540.3. “Recognized military service” means full-time service by a person in the armed forces during the national emergency or a state military emergency. (Added by Stats. 1949, Ch. 808.) - 18540.4. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. )
This section defines “veteran” for this code provision.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 18540.4. “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. (Added by Stats. 1949, Ch. 808.) - 18541. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. )
This section defines “disabled veteran” for this code section.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 18541. “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. (Amended by Stats. 1949, Ch. 808.) - 18542. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. )
This section defines “Rehabilitation” for this part as the restoration of veterans who are declared 10% or more disabled, physically or mentally.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 18542. “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. (Added by Stats. 1945, Ch. 45.) - 18543. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. )
“Military leave” is defined as leave status for a permanent employee or probationer who leaves a position to serve in the U.S. armed forces during a national emergency or state military emergency and who has a statutory right to return.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 18543. “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. (Amended by Stats. 1949, Ch. 808.) - 18544. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. )
“Duration employment” means employment during war or a national-defense emergency, and it is subject to termination and other conditions under Section 19200 and the rules.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 18544. “Duration employment” means an employment during time of war or during an emergency in connection with the national defense, which employment is subject to termination and other conditions as prescribed by Section 19200 and by rules. (Amended by Stats. 2013, Ch. 427, Sec. 12. (AB 1062) Effective January 1, 2014.) - 18545. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. )
A duration examination is a competitive exam used to create a list of people available for duration employment, and the resulting employment lists may be used only for appointments for duration employment.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 18545. “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. (Amended by Stats. 1955, Ch. 1227.) - 18546. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. )
“Career executive” means a state civil service employee appointed from a specially established employment list for career executive assignments.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 18546. “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. (Amended by Stats. 2015, Ch. 322, Sec. 5. (SB 99) Effective September 22, 2015.) - 18547. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. )
This section defines “career executive assignment” as a high-level state civil service appointment focused on major management or policy advice roles.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 18547. “Career executive assignment” means an appointment to a high administrative and policy influencing position within the state civil service in which the incumbent’s primary responsibility is the managing of a major function or the rendering of management advice to top-level administrative authority. Such a position can be established only in the top managerial levels of state service and is typified by broad responsibility for policy implementation and extensive participation in policy evolvement. Assignment by appointment to such a position does not confer any rights or status in the position other than provided in Article 9 (commencing with Section 19889) of Chapter 2.5 of Part 2.6. (Amended by Stats. 1985, Ch. 794, Sec. 9.) - 1855. Verify source ↗
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Obtaining Possession of Office [1850 - 1855] ( Chapter 5 enacted by Stats. 1943, Ch. 134. )
An officer whose office has ended must not willfully and unlawfully destroy, remove, or withhold office records, papers, documents, money, or property.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Obtaining Possession of Office [1850 - 1855] ( Chapter 5 enacted by Stats. 1943, Ch. 134. ) ## 1855. Every officer whose office is abolished by law, or who, after the expiration of the time for which he may be appointed or elected, or after he has resigned or been legally removed from office, willfully and unlawfully (a) Mutilates, destroys, or takes away the records, papers, documents, or other writings appertaining or belonging to his office, or (b) Withholds or detains from his successor, or other person entitled thereto, the records, papers, documents, or other writings appertaining or belonging to his office, or any money or property in his custody as such officer, is punishable by imprisonment in the state prison. (Amended by Stats. 1976, Ch. 1139.) - 18550. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. )
This section defines a “full-time” position or appointment as one where the employee works enough time to be paid at a full-time rate.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 18550. 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. (Added by Stats. 1983, Ch. 387, Sec. 1.) - 18551. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. )
A part-time position or appointment means the employee works a specific fraction of the full-time work schedule.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 18551. 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. (Added by Stats. 1983, Ch. 387, Sec. 2.) - 18552. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. )
This provision defines an “intermittent” position or appointment as one where the employee works periodically or for a fluctuating part of the full-time schedule.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 18552. 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. (Added by Stats. 1983, Ch. 387, Sec. 3.) - 18553. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. )
“Core competencies” means the education, experience, knowledge, and abilities an applicant must have to be eligible for a particular group of classifications.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Definitions [18520 - 18553] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 18553. “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. (Added by Stats. 2022, Ch. 313, Sec. 3. (AB 1604) Effective January 1, 2023.) - 18570. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 3. General Provisions [18570 - 18577] ( Article 3 added by Stats. 1945, Ch. 123. )
This section says the part is called the State Civil Service Act.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 3. General Provisions [18570 - 18577] ( Article 3 added by Stats. 1945, Ch. 123. ) ## 18570. This part shall be known as the State Civil Service Act. (Added by Stats. 1945, Ch. 123.) - 18571. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 3. General Provisions [18570 - 18577] ( Article 3 added by Stats. 1945, Ch. 123. )
The general provisions in this part govern how this part is interpreted, unless the context requires otherwise.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 3. General Provisions [18570 - 18577] ( Article 3 added by Stats. 1945, Ch. 123. ) ## 18571. Unless the context otherwise requires, the general provisions hereinafter set forth govern the construction of this part. (Added by Stats. 1945, Ch. 123.) - 18572. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 3. General Provisions [18570 - 18577] ( Article 3 added by Stats. 1945, Ch. 123. )
A deputy or other person authorized by law may carry out an appointing power’s granted powers and duties, unless the law expressly says otherwise.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 3. General Provisions [18570 - 18577] ( Article 3 added by Stats. 1945, Ch. 123. ) ## 18572. 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. (Added by Stats. 1945, Ch. 123.) - 18573. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 3. General Provisions [18570 - 18577] ( Article 3 added by Stats. 1945, Ch. 123. )
Each appointing power must provide access to records and prepare reports when required by the board or department. Information given to the board and department is generally not open to public inspection, but board rules may set conditions and a person may inspect records about their own services.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 3. General Provisions [18570 - 18577] ( Article 3 added by Stats. 1945, Ch. 123. ) ## 18573. 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. (Amended by Stats. 2012, Ch. 360, Sec. 15. (SB 1309) Effective January 1, 2013.) - 18574. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 3. General Provisions [18570 - 18577] ( Article 3 added by Stats. 1945, Ch. 123. )
State officers and employees must help carry this part and the board’s rules out, provide facilities and access for examinations, hearings, and investigations, and appear and testify when required.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 3. General Provisions [18570 - 18577] ( Article 3 added by Stats. 1945, Ch. 123. ) ## 18574. 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. (Amended by Stats. 2012, Ch. 665, Sec. 56. (SB 1308) Effective January 1, 2013.) - 18575. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 3. General Provisions [18570 - 18577] ( Article 3 added by Stats. 1945, Ch. 123. )
The appointing power must serve listed personnel notices using specified service methods, and proof of service must be by affidavit.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 3. General Provisions [18570 - 18577] ( Article 3 added by Stats. 1945, Ch. 123. ) ## 18575. (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. (Amended by Stats. 2013, Ch. 427, Sec. 13. (AB 1062) Effective January 1, 2014.) - 18576. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 3. General Provisions [18570 - 18577] ( Article 3 added by Stats. 1945, Ch. 123. )
Judicial notice must be taken of board and department rules, regulations, and amendments.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 3. General Provisions [18570 - 18577] ( Article 3 added by Stats. 1945, Ch. 123. ) ## 18576. Judicial notice shall be taken of board and department rules, regulations, and amendments. (Amended by Stats. 2012, Ch. 360, Sec. 16. (SB 1309) Effective January 1, 2013.) - 18577. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 3. General Provisions [18570 - 18577] ( Article 3 added by Stats. 1945, Ch. 123. )
When this part refers to board rules, the board is authorized to make rules on that subject matter.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 3. General Provisions [18570 - 18577] ( Article 3 added by Stats. 1945, Ch. 123. ) ## 18577. 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. (Amended by Stats. 2018, Ch. 53, Sec. 20. (SB 866) Effective June 27, 2018.) - 18590. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 4. Scope [18590 - 18599.8] ( Article 4 added by Stats. 1945, Ch. 123. )
A state agency authorized by law to contract for such services may contract with an independent contractor for licensed work when that work cannot satisfactorily be obtained through appointments under this part.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 4. Scope [18590 - 18599.8] ( Article 4 added by Stats. 1945, Ch. 123. ) ## 18590. 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. (Amended by Stats. 1982, Ch. 454, Sec. 68.) - 18591. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 4. Scope [18590 - 18599.8] ( Article 4 added by Stats. 1945, Ch. 123. )
This section defines who counts as part of the state civil service for certain corrections-related employees and officers.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 4. Scope [18590 - 18599.8] ( Article 4 added by Stats. 1945, Ch. 123. ) ## 18591. 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. (Amended by Stats. 1953, Ch. 1458.) - 18592. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 4. Scope [18590 - 18599.8] ( Article 4 added by Stats. 1945, Ch. 123. )
This section says certain fire protection personnel in Los Alamitos are included in the state civil service.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 4. Scope [18590 - 18599.8] ( Article 4 added by Stats. 1945, Ch. 123. ) ## 18592. The “state civil service” shall include all fire protection personnel employed at the Armed Forces Reserve Center in Los Alamitos. (Added by Stats. 1993, Ch. 310, Sec. 1. Effective January 1, 1994. Conditionally operative as prescribed by Secs. 2 and 3 of Ch. 310.) - 18596. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 4. Scope [18590 - 18599.8] ( Article 4 added by Stats. 1945, Ch. 123. )
This section says that “state civil service” includes personnel appointed or employed in the Bureau of Pupil Personnel Services in the Department of Education.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 4. Scope [18590 - 18599.8] ( Article 4 added by Stats. 1945, Ch. 123. ) ## 18596. 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. (Amended by Stats. 1968, Ch. 449.) - 18596.5. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 4. Scope [18590 - 18599.8] ( Article 4 added by Stats. 1945, Ch. 123. )
State civil service includes vocational education personnel in the State Department of Education, even if they are otherwise excluded for the funding or cooperative-work reasons stated here.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 4. Scope [18590 - 18599.8] ( Article 4 added by Stats. 1945, Ch. 123. ) ## 18596.5. 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. (Amended by Stats. 1982, Ch. 454, Sec. 69.) - 18597. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 4. Scope [18590 - 18599.8] ( Article 4 added by Stats. 1945, Ch. 123. )
Certain teachers at the Orientation Center for the Blind are included in the state civil service if they have been employed there for six months and are otherwise excluded under the Constitution.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 4. Scope [18590 - 18599.8] ( Article 4 added by Stats. 1945, Ch. 123. ) ## 18597. 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. (Amended by Stats. 1985, Ch. 794, Sec. 13.) - 18599. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 4. Scope [18590 - 18599.8] ( Article 4 added by Stats. 1945, Ch. 123. )
This section says which Bureau of National Defense Education Act Administration personnel count as part of the state civil service, and which of those employees are permanent or temporary.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 4. Scope [18590 - 18599.8] ( Article 4 added by Stats. 1945, Ch. 123. ) ## 18599. 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. (Added by Stats. 1965, Ch. 919.) - 18599.5. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 4. Scope [18590 - 18599.8] ( Article 4 added by Stats. 1945, Ch. 123. )
This section excludes certain California Science and Technology Policy Fellows from the state civil service if they are authorized by an executed memorandum of understanding and meet specified requirements.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 4. Scope [18590 - 18599.8] ( Article 4 added by Stats. 1945, Ch. 123. ) ## 18599.5. (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. (Added by Stats. 2023, Ch. 112, Sec. 3. (SB 698) Effective January 1, 2024.) - 18599.8. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 4. Scope [18590 - 18599.8] ( Article 4 added by Stats. 1945, Ch. 123. )
A policy fellow provided by a qualifying association is not included in the state civil service.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 1. General [18500 - 18599.8] ( Chapter 1 added by Stats. 1945, Ch. 123. ) ## ARTICLE 4. Scope [18590 - 18599.8] ( Article 4 added by Stats. 1945, Ch. 123. ) ## 18599.8. (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. (Added by Stats. 2024, Ch. 238, Sec. 3. (AB 2573) Effective January 1, 2025.) - 186. Verify source ↗
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. SOVEREIGNTY AND PEOPLE OF THE STATE [100 - 275.2] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Sovereignty of the State [100 - 210.6] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4. Rights Over Property [180 - 186] ( Article 4 enacted by Stats. 1943, Ch. 134. )
This section defines “public domain” and “Indians” for the section, lets every Indian use the public domain for specified cultural activities, allows transport of permitted material possession without it being unlawful, and requires fish and game taking to follow commission rules and a permit process.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. SOVEREIGNTY AND PEOPLE OF THE STATE [100 - 275.2] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Sovereignty of the State [100 - 210.6] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4. Rights Over Property [180 - 186] ( Article 4 enacted by Stats. 1943, Ch. 134. ) ## 186. (a) As used in succeeding subdivisions of this section “public domain” refers to such portion of the public domain of the State of California as is contiguous to the portion of the Klamath River between the mouth of the river and Katamin Rancheria and such portion of the public domain of the State of California as is contiguous to the portion of the Trinity River between the junction of the Klamath and Trinity Rivers and the junction of the Trinity and South Fork Rivers. (b) As used in this section “Indians” refers to those persons listed on the California Indian Roll whose Indian ancestors originated in the area adjacent to the two stretches of river described in subdivision (a). (c) Every Indian may, on the public domain, in the practice of Indian culture, engage in the following activities: (i) Gather acorns, berries, mushrooms, fruits, insects, seaweed, fish, and other natural foods, materials for regalia and ceremonial purposes and for traditional Indian activities such as making baskets, boatmaking, stoneworking, woodworking, and making of nets, such as roots, reeds, bark, wood, skins, feathers, shells, seeds, nuts, grasses, stones, bones, dyestuffs, plants, sticks, and leaves; (ii) Engage in traditional activities, including religious dances and ceremonies, and the making of baskets and woodworking, making of costumes, and other handicrafts. (d) Transportation to or from any area of the public domain or between different areas of the public domain of material possession of which, pursuant to the foregoing provisions of this section, is permitted on the public domain, shall not be unlawful. (e) Indians taking fish and game under this section shall do so in accordance with the rules and regulations of the Fish and Game Commission and under permit issued by the Department of Fish and Game. The commission may adopt rules and regulations and impose conditions on the issuance of such permits which shall limit the taking of fish and game to taking for ceremonial purposes in such manner as the commission deems proper. (Added by Stats. 1963, Ch. 1498.) - 18650. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 1. The State Personnel Board [18650 - 18656] ( Article 1 added by Stats. 1945, Ch. 123. )
Each board member is entitled to actual and necessary travel expenses incurred while performing duties.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 1. The State Personnel Board [18650 - 18656] ( Article 1 added by Stats. 1945, Ch. 123. ) ## 18650. 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. (Amended by Stats. 1982, Ch. 454, Sec. 70.) - 18651. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 1. The State Personnel Board [18650 - 18656] ( Article 1 added by Stats. 1945, Ch. 123. )
The board may appoint a secretary and other needed personnel, and set their compensation.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 1. The State Personnel Board [18650 - 18656] ( Article 1 added by Stats. 1945, Ch. 123. ) ## 18651. 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. (Added by Stats. 1945, Ch. 123.) - 18652. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 1. The State Personnel Board [18650 - 18656] ( Article 1 added by Stats. 1945, Ch. 123. )
The board must secure suitable offices, examination rooms, and other accommodations statewide, provide heat and light, and obtain needed supplies and printing for its official work.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 1. The State Personnel Board [18650 - 18656] ( Article 1 added by Stats. 1945, Ch. 123. ) ## 18652. The board shall secure such suitable and convenient offices, examination rooms and accommodations throughout the State as may be required for the public convenience and furnish heat, and light them for carrying on the work of the board. The board shall acquire necessary supplies and order necessary printing to be done for its official use. The headquarters of the board is the City of Sacramento. (Added by Stats. 1945, Ch. 123.) - 18653. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 1. The State Personnel Board [18650 - 18656] ( Article 1 added by Stats. 1945, Ch. 123. )
The board must meet in Sacramento as needed, may designate other meeting places, needs a majority for quorum, needs three concurring votes to make an action effective, must keep minutes and record official actions, and may hold executive sessions for specified deliberations.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 1. The State Personnel Board [18650 - 18656] ( Article 1 added by Stats. 1945, Ch. 123. ) ## 18653. 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. (Amended by Stats. 1969, Ch. 371.) - 18654. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 1. The State Personnel Board [18650 - 18656] ( Article 1 added by Stats. 1945, Ch. 123. )
The executive officer must carry out board-delegated powers and duties under the board’s direction and control, and may redelegate them unless personal action is required.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 1. The State Personnel Board [18650 - 18656] ( Article 1 added by Stats. 1945, Ch. 123. ) ## 18654. The intention of the Legislature is hereby declared to be that the executive officer shall perform and discharge under the direction and control of the board the powers, duties, purposes, functions, and jurisdiction vested in the board and delegated to him or her by it. Any power, duty, purpose, function, or jurisdiction 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. (Amended by Stats. 2013, Ch. 427, Sec. 14. (AB 1062) Effective January 1, 2014.) - 18654.5. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 1. The State Personnel Board [18650 - 18656] ( Article 1 added by Stats. 1945, Ch. 123. )
The executive officer must administer the civil service statutes and rules, subject to appeal to the board.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 1. The State Personnel Board [18650 - 18656] ( Article 1 added by Stats. 1945, Ch. 123. ) ## 18654.5. The executive officer shall administer the civil service statutes and rules, subject to the right of appeal to the board. (Amended by Stats. 2013, Ch. 427, Sec. 15. (AB 1062) Effective January 1, 2014.) - 18655. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 1. The State Personnel Board [18650 - 18656] ( Article 1 added by Stats. 1945, Ch. 123. )
Some state employees selected to assist in examinations or serve as board or department representatives/referees must do that work as part of their official duties and cannot receive extra pay except actual and necessary travel expenses.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 1. The State Personnel Board [18650 - 18656] ( Article 1 added by Stats. 1945, Ch. 123. ) ## 18655. When any person selected to assist in examinations or to serve as an authorized representative or referee of the board or the department is employed by the State in some other capacity, it is a part of his or her official duties to serve without additional compensation other than his or her actual and necessary traveling expenses. (Amended by Stats. 2013, Ch. 427, Sec. 16. (AB 1062) Effective January 1, 2014.) - 18656. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 1. The State Personnel Board [18650 - 18656] ( Article 1 added by Stats. 1945, Ch. 123. )
The Attorney General must give opinions to and represent the board or its members when asked, county and city prosecutors must prosecute violations of this part, and the board may appoint an attorney in certain conflict-related matters.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 1. The State Personnel Board [18650 - 18656] ( Article 1 added by Stats. 1945, Ch. 123. ) ## 18656. 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. (Added by Stats. 1945, Ch. 123.) - 18660. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 1.5. Policy and Audit [18660 - 18662] ( Article 1.5 added by Stats. 2012, Ch. 360, Sec. 17. )
The board must establish rules to implement and enforce the merit principle in the state civil service system.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 1.5. Policy and Audit [18660 - 18662] ( Article 1.5 added by Stats. 2012, Ch. 360, Sec. 17. ) ## 18660. 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. (Added by Stats. 2012, Ch. 360, Sec. 17. (SB 1309) Effective January 1, 2013.) - 18661. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 1.5. Policy and Audit [18660 - 18662] ( Article 1.5 added by Stats. 2012, Ch. 360, Sec. 17. )
The board may audit appointing authorities’ personnel practices and, if problems are found, require corrective action and other remedies.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 1.5. Policy and Audit [18660 - 18662] ( Article 1.5 added by Stats. 2012, Ch. 360, Sec. 17. ) ## 18661. (a) The board may conduct an audit of any appointing authority’s personnel practices to ensure compliance with the civil service laws and board regulations. The board may audit selection and examination procedures, appointments, promotions, the management of probationary periods, personal services contracts, discipline and adverse actions, or any other area related to the operation of merit principle in state civil service. (b) When conducting an audit, the board may inspect documents, policies, practices, and procedures of the appointing authority relating to its personnel practices and interview appointing authority staff and witnesses regarding the subject of the audit. Failure by an appointing authority to cooperate with an audit may result in corrective action. (c) Upon completion of the audit, the board may provide a report to the appointing authority and the department, identifying any deficiencies in the appointing authority’s personnel practices, policies, and procedures. (d) If the board finds an appointing authority deficient in personnel practices, policies, and procedures, the appointing authority shall be subject to corrective action. The board may order remedies including, but not limited to, any or all of the following: (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. (Amended by Stats. 2013, Ch. 427, Sec. 17. (AB 1062) Effective January 1, 2014.) - 18662. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 1.5. Policy and Audit [18660 - 18662] ( Article 1.5 added by Stats. 2012, Ch. 360, Sec. 17. )
The board must calculate audit and special investigation costs, bill appointing authorities, and file an annual report; appointing authorities are generally charged for audit costs, but may choose arrears billing in one case.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 1.5. Policy and Audit [18660 - 18662] ( Article 1.5 added by Stats. 2012, Ch. 360, Sec. 17. ) ## 18662. (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. (Repealed and added by Stats. 2013, Ch. 28, Sec. 24. (SB 71) Effective June 27, 2013.) - 18670. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Investigations and Hearings [18670 - 18683] ( Article 2 added by Stats. 1945, Ch. 123. )
The board may hold hearings, make investigations, and inspect affected state workplaces; it must also investigate and hold hearings when directed by the Governor or Legislature, or when an employee or citizen petitions.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Investigations and Hearings [18670 - 18683] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 18670. 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. (Amended by Stats. 2021, Ch. 722, Sec. 4. (SB 206) Effective January 1, 2022.) - 18671. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Investigations and Hearings [18670 - 18683] ( Article 2 added by Stats. 1945, Ch. 123. )
The board, a board member, or an authorized representative may conduct hearings and investigations, and an authorized person conducting them may use oath, subpoena, attendance, document-production, and deposition powers.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Investigations and Hearings [18670 - 18683] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 18671. 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. (Amended by Stats. 2004, Ch. 182, Sec. 44. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.) - 18671.1. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Investigations and Hearings [18670 - 18683] ( Article 2 added by Stats. 1945, Ch. 123. )
For employee appeals, the board must start the hearing or investigation within a reasonable time and decide within six months, with a special 60-day priority hearing rule for certain termination appeals.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Investigations and Hearings [18670 - 18683] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 18671.1. (a) If a hearing or investigation is conducted by the board or its authorized representative in regard to an appeal by an employee, the hearing or investigation shall be commenced within a reasonable time after the filing of the 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. (Amended by Stats. 2013, Ch. 427, Sec. 19. (AB 1062) Effective January 1, 2014.) - 18671.2. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Investigations and Hearings [18670 - 18683] ( Article 2 added by Stats. 1945, Ch. 123. )
The board must calculate hearing office costs, may bill certain state agencies and departments for hearing costs, and collected costs must be used only to maintain and operate the hearing office. The Controller must transfer owed money to the board.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Investigations and Hearings [18670 - 18683] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 18671.2. (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). (Amended by Stats. 2013, Ch. 28, Sec. 25. (SB 71) Effective June 27, 2013.) - 18672. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Investigations and Hearings [18670 - 18683] ( Article 2 added by Stats. 1945, Ch. 123. )
This section lets the board issue subpoenas and subpoena duces tecum for hearings and document production, with special service and attendance limits in some cases.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Investigations and Hearings [18670 - 18683] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 18672. (a) Subpoenas and subpoenas duces tecum may be issued for attendance at a hearing and for production of documents at any reasonable time and place. However, a subpoena shall not be issued to compel attendance of any witness who does not reside within 100 miles of the place where the hearing or investigation is held unless it is shown to the satisfaction of a member of the board, the executive officer, or the person authorized to conduct the investigation or hearing, by affidavit stating the facts, that the witness is a material witness. 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. (Amended by Stats. 2013, Ch. 427, Sec. 20. (AB 1062) Effective January 1, 2014.) - 18672.1. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Investigations and Hearings [18670 - 18683] ( Article 2 added by Stats. 1945, Ch. 123. )
A person served with a subpoena or subpoena duces tecum may seek a protective order, including an oral motion to quash. The board or its authorized representative must resolve the objection and may issue other protective orders.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Investigations and Hearings [18670 - 18683] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 18672.1. (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. (Added by Stats. 1997, Ch. 577, Sec. 2. Effective January 1, 1998.) - 18673. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Investigations and Hearings [18670 - 18683] ( Article 2 added by Stats. 1945, Ch. 123. )
This section lets a party take a witness’s deposition in limited situations, and it limits use of a deposition when the witness has been served with a statewide subpoena.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Investigations and Hearings [18670 - 18683] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 18673. 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. (Amended by Stats. 1997, Ch. 577, Sec. 3. Effective January 1, 1998.) - 18674. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Investigations and Hearings [18670 - 18683] ( Article 2 added by Stats. 1945, Ch. 123. )
Witnesses at a hearing or investigation get the same fees as civil-case witnesses, and subpoena service mileage is paid on the same basis; payment and prepayment rules depend on who subpoenaed the witness.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Investigations and Hearings [18670 - 18683] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 18674. Witnesses at a hearing or investigation are entitled to the same fees as are allowed witnesses in civil cases in courts of record. An officer serving a 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. (Amended by Stats. 2013, Ch. 427, Sec. 21. (AB 1062) Effective January 1, 2014.) - 18675. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Investigations and Hearings [18670 - 18683] ( Article 2 added by Stats. 1945, Ch. 123. )
Hearings and investigations under this part must follow this part and board-adopted procedures; in discrimination, harassment, or retaliation complaints involving a state employee, specified officers must consider current civil service laws and decisions, and recommended decisions must cite them.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Investigations and Hearings [18670 - 18683] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 18675. (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. (Amended by Stats. 1985, Ch. 1154, Sec. 3.) - 18676. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Investigations and Hearings [18670 - 18683] ( Article 2 added by Stats. 1945, Ch. 123. )
A witness ordered to testify or produce documents in the investigation or hearing cannot refuse on self-incrimination grounds if the witness has been granted the specified immunity.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Investigations and Hearings [18670 - 18683] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 18676. When ordered to do so, a witness shall not be excused from testifying or from producing any documentary evidence in that investigation or hearing upon the ground that the testimony or documentary evidence required of the witness may tend to incriminate or subject the witness to penalty or forfeiture, provided the witness has been granted use and derivative use, or transactional immunity by the appropriate law enforcement authority. (Amended by Stats. 2013, Ch. 427, Sec. 22. (AB 1062) Effective January 1, 2014.) - 18677. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Investigations and Hearings [18670 - 18683] ( Article 2 added by Stats. 1945, Ch. 123. )
A person granted immunity before testifying or producing books or papers cannot be prosecuted or penalized for the matters covered by that testimony or evidence, except for perjury.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Investigations and Hearings [18670 - 18683] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 18677. 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. (Amended by Stats. 1997, Ch. 577, Sec. 5. Effective January 1, 1998.) - 18678. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Investigations and Hearings [18670 - 18683] ( Article 2 added by Stats. 1945, Ch. 123. )
A person served with a subpoena in an investigation or hearing must obey it; disobeying or neglecting to obey it is a misdemeanor.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Investigations and Hearings [18670 - 18683] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 18678. 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. (Added by Stats. 1945, Ch. 123.) - 18679. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Investigations and Hearings [18670 - 18683] ( Article 2 added by Stats. 1945, Ch. 123. )
The board, and anyone it authorizes to conduct a hearing or investigation, is treated as the head of a department for the cited Code article.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Investigations and Hearings [18670 - 18683] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 18679. 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. (Added by Stats. 1945, Ch. 123.) - 18680. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Investigations and Hearings [18670 - 18683] ( Article 2 added by Stats. 1945, Ch. 123. )
The section says the remedy in Sections 11186 to 11188 is cumulative and does not limit the board, its authorized representative, or any party’s related enforcement powers.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Investigations and Hearings [18670 - 18683] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 18680. 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. (Amended by Stats. 1999, Ch. 310, Sec. 2. Effective January 1, 2000.) - 18681. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Investigations and Hearings [18670 - 18683] ( Article 2 added by Stats. 1945, Ch. 123. )
If a dispute pending before the board is settled by the parties, they may submit the settlement terms to the board; if the board approves, the resulting disposition is final and binding on the parties.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Investigations and Hearings [18670 - 18683] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 18681. 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. (Amended by Stats. 2013, Ch. 427, Sec. 23. (AB 1062) Effective January 1, 2014.) - 18682. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Investigations and Hearings [18670 - 18683] ( Article 2 added by Stats. 1945, Ch. 123. )
If an interested employee, department, or other person asks for findings in a board hearing matter, the board must make findings if the request is made before the matter is taken under submission.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Investigations and Hearings [18670 - 18683] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 18682. 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. (Amended by Stats. 2013, Ch. 427, Sec. 24. (AB 1062) Effective January 1, 2014.) - 18683. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Investigations and Hearings [18670 - 18683] ( Article 2 added by Stats. 1945, Ch. 123. )
The board may charge reasonable transcript fees when a requested transcript is prepared for a hearing matter, but the fee cannot be above the prevailing rate or cost and can never exceed actual preparation, production, and dissemination cost.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Investigations and Hearings [18670 - 18683] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 18683. (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. (Added by Stats. 1987, Ch. 370, Sec. 1.) - 18701. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 3. General Powers and Duties [18701 - 18717] ( Article 3 added by Stats. 1945, Ch. 123. )
The board must make, change, and cancel rules for administering and enforcing the covered provisions, give notice of the rules to appointing powers and employees, and publish and distribute the rules after adoption.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 3. General Powers and Duties [18701 - 18717] ( Article 3 added by Stats. 1945, Ch. 123. ) ## 18701. 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. (Amended by Stats. 1983, Ch. 527, Sec. 1.) - 18702. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 3. General Powers and Duties [18701 - 18717] ( Article 3 added by Stats. 1945, Ch. 123. )
The board must create and adjust state civil service position classes in line with Article VII of the Constitution and this part.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 3. General Powers and Duties [18701 - 18717] ( Article 3 added by Stats. 1945, Ch. 123. ) ## 18702. 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. (Amended by Stats. 1985, Ch. 794, Sec. 15.) - 18703. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 3. General Powers and Duties [18701 - 18717] ( Article 3 added by Stats. 1945, Ch. 123. )
The board must provide for dismissals, demotions, suspensions, and other adverse action in the state civil service, following Article VII of the Constitution and this part.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 3. General Powers and Duties [18701 - 18717] ( Article 3 added by Stats. 1945, Ch. 123. ) ## 18703. 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. (Amended by Stats. 1990, Ch. 478, Sec. 6.) - 18706. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 3. General Powers and Duties [18701 - 18717] ( Article 3 added by Stats. 1945, Ch. 123. )
The board may make agreements with personnel agencies in other jurisdictions, political subdivisions, and state agencies excepted from the state civil service.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 3. General Powers and Duties [18701 - 18717] ( Article 3 added by Stats. 1945, Ch. 123. ) ## 18706. The board may make agreements with personnel agencies in other jurisdictions, political subdivisions, and state agencies excepted from the state civil service. (Amended by Stats. 2012, Ch. 665, Sec. 57. (SB 1308) Effective January 1, 2013.) - 18707. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 3. General Powers and Duties [18701 - 18717] ( Article 3 added by Stats. 1945, Ch. 123. )
The board and the Department of Human Resources may make agreements to share services and facilities, and those agreements must be approved by the Director of General Services.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 3. General Powers and Duties [18701 - 18717] ( Article 3 added by Stats. 1945, Ch. 123. ) ## 18707. 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. (Amended by Stats. 2012, Ch. 665, Sec. 58. (SB 1308) Effective January 1, 2013.) - 18708. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 3. General Powers and Duties [18701 - 18717] ( Article 3 added by Stats. 1945, Ch. 123. )
The board must cooperate with specified state officials and agencies on matters covered by this section only when those matters are not covered here and the cooperation is not inconsistent with this part.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 3. General Powers and Duties [18701 - 18717] ( Article 3 added by Stats. 1945, Ch. 123. ) ## 18708. 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. (Amended by Stats. 2016, Ch. 31, Sec. 146. (SB 836) Effective June 27, 2016.) - 18710. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 3. General Powers and Duties [18701 - 18717] ( Article 3 added by Stats. 1945, Ch. 123. )
Board orders are binding and must be obeyed by all parties to a proceeding; the board also has review and enforcement powers if someone does not comply.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 3. General Powers and Duties [18701 - 18717] ( Article 3 added by Stats. 1945, Ch. 123. ) ## 18710. 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. (Amended by Stats. 1999, Ch. 310, Sec. 3. Effective January 1, 2000.) - 18711. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 3. General Powers and Duties [18701 - 18717] ( Article 3 added by Stats. 1945, Ch. 123. )
The board and the Department of Human Resources may join personnel-agency associations that exchange or supply information on personnel administration techniques.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 3. General Powers and Duties [18701 - 18717] ( Article 3 added by Stats. 1945, Ch. 123. ) ## 18711. 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. (Amended by Stats. 2012, Ch. 665, Sec. 60. (SB 1308) Effective January 1, 2013.) - 18714. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 3. General Powers and Duties [18701 - 18717] ( Article 3 added by Stats. 1945, Ch. 123. )
The Department of Human Resources may adopt rules for a grievance-adjustment system handled inside departments before people use remedies under this part.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 3. General Powers and Duties [18701 - 18717] ( Article 3 added by Stats. 1945, Ch. 123. ) ## 18714. (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. (Amended by Stats. 2012, Ch. 665, Sec. 61. (SB 1308) Effective January 1, 2013.) - 18717. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 3. General Powers and Duties [18701 - 18717] ( Article 3 added by Stats. 1945, Ch. 123. )
The board must create criteria for state safety membership and, when asked, determine which position classes qualify; the department and related agencies have follow-on duties tied to the report and its use.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 3. General Powers and Duties [18701 - 18717] ( Article 3 added by Stats. 1945, Ch. 123. ) ## 18717. (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. (Amended by Stats. 2012, Ch. 665, Sec. 62. (SB 1308) Effective January 1, 2013.) - 18720. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 3.5. Employment Procedures [18720 - 18720.5] ( Article 3.5 added by Stats. 1982, Ch. 1180, Sec. 1. )
State departments and agencies must make their employment procedures comply with federal and state employment laws, and the department must work with the Civil Rights Department on uniform employment forms and enforcement.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 3.5. Employment Procedures [18720 - 18720.5] ( Article 3.5 added by Stats. 1982, Ch. 1180, Sec. 1. ) ## 18720. 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. (Amended by Stats. 2022, Ch. 48, Sec. 47. (SB 189) Effective June 30, 2022.) - 18720.1. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 3.5. Employment Procedures [18720 - 18720.5] ( Article 3.5 added by Stats. 1982, Ch. 1180, Sec. 1. )
The department must collect and review state agency employment forms, develop standard forms, and state agencies must use those standard forms unless a nonstandard form is approved under the stated conditions.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 3.5. Employment Procedures [18720 - 18720.5] ( Article 3.5 added by Stats. 1982, Ch. 1180, Sec. 1. ) ## 18720.1. 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. (Amended by Stats. 2012, Ch. 360, Sec. 19. (SB 1309) Effective January 1, 2013.) - 18720.2. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 3.5. Employment Procedures [18720 - 18720.5] ( Article 3.5 added by Stats. 1982, Ch. 1180, Sec. 1. )
The Civil Rights Department must review state agency forms for employment, occupational licensing, and registration, create standard forms, and state agencies must use those standard forms unless the department approves a nonstandard form.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 3.5. Employment Procedures [18720 - 18720.5] ( Article 3.5 added by Stats. 1982, Ch. 1180, Sec. 1. ) ## 18720.2. 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. (Amended by Stats. 2022, Ch. 48, Sec. 48. (SB 189) Effective June 30, 2022.) - 18720.3. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 3.5. Employment Procedures [18720 - 18720.5] ( Article 3.5 added by Stats. 1982, Ch. 1180, Sec. 1. )
State agencies must make sure certain employment and licensing/registration forms comply with federal and state law, and they may not use forms that lack approval from the department or the Civil Rights Department.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 3.5. Employment Procedures [18720 - 18720.5] ( Article 3.5 added by Stats. 1982, Ch. 1180, Sec. 1. ) ## 18720.3. 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. (Amended by Stats. 2022, Ch. 48, Sec. 49. (SB 189) Effective June 30, 2022.) - 18720.4. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 3.5. Employment Procedures [18720 - 18720.5] ( Article 3.5 added by Stats. 1982, Ch. 1180, Sec. 1. )
State agencies must use up existing compliant forms before switching to any new form approved by the department or the Civil Rights Department.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 3.5. Employment Procedures [18720 - 18720.5] ( Article 3.5 added by Stats. 1982, Ch. 1180, Sec. 1. ) ## 18720.4. 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. (Amended by Stats. 2022, Ch. 48, Sec. 50. (SB 189) Effective June 30, 2022.) - 18720.45. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 3.5. Employment Procedures [18720 - 18720.5] ( Article 3.5 added by Stats. 1982, Ch. 1180, Sec. 1. )
State agency employment forms must require job applicants to disclose certain agreements with the state about prior employment.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 3.5. Employment Procedures [18720 - 18720.5] ( Article 3.5 added by Stats. 1982, Ch. 1180, Sec. 1. ) ## 18720.45. 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. (Amended by Stats. 2015, Ch. 303, Sec. 219. (AB 731) Effective January 1, 2016.) - 18720.5. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 3.5. Employment Procedures [18720 - 18720.5] ( Article 3.5 added by Stats. 1982, Ch. 1180, Sec. 1. )
A violation of this article is treated as an unlawful employment practice and may be enforced under specified state enforcement provisions.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 2. Administration [18650 - 18720.5] ( Chapter 2 added by Stats. 1945, Ch. 123. ) ## ARTICLE 3.5. Employment Procedures [18720 - 18720.5] ( Article 3.5 added by Stats. 1982, Ch. 1180, Sec. 1. ) ## 18720.5. 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. (Added by Stats. 1982, Ch. 1180, Sec. 1.) - 18800. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 3. Classification [18800 - 18806] ( Chapter 3 added by Stats. 1945, Ch. 123. )
The board must create and adjust class positions in the State civil service and make the adopted classes part of the Personnel Classification Plan of the State of California.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 3. Classification [18800 - 18806] ( Chapter 3 added by Stats. 1945, Ch. 123. ) ## 18800. 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. (Added by Stats. 1945, Ch. 123.) - 18801.1. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 3. Classification [18800 - 18806] ( Chapter 3 added by Stats. 1945, Ch. 123. )
The Department of Human Resources must designate certain managerial positions and report those designations to the board every year. Disputes over the classification or designation may be appealed to the State Personnel Board.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 3. Classification [18800 - 18806] ( Chapter 3 added by Stats. 1945, Ch. 123. ) ## 18801.1. 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. (Amended by Stats. 2012, Ch. 665, Sec. 63. (SB 1308) Effective January 1, 2013.) - 18802. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 3. Classification [18800 - 18806] ( Chapter 3 added by Stats. 1945, Ch. 123. )
The board may create, change, combine, or abolish civil service classes, but it must consider the Department of Human Resources’ recommendations and decide how affected positions and employees are treated.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 3. Classification [18800 - 18806] ( Chapter 3 added by Stats. 1945, Ch. 123. ) ## 18802. 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. (Amended by Stats. 2012, Ch. 665, Sec. 64. (SB 1308) Effective January 1, 2013.) - 18804. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 3. Classification [18800 - 18806] ( Chapter 3 added by Stats. 1945, Ch. 123. )
If a position is reallocated, the incumbent does not gain status in the new class just because of that reallocation.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 3. Classification [18800 - 18806] ( Chapter 3 added by Stats. 1945, Ch. 123. ) ## 18804. Upon the reallocation of a position, other than by action of the board under Section 18802, the incumbent of the position shall not thereby gain status in the new class. Change in status of the incumbent may be accomplished only in accordance with the appropriate sections of this part and rules relating to transfer, demotion, or promotion. (Amended by Stats. 2013, Ch. 427, Sec. 25. (AB 1062) Effective January 1, 2014.) - 18806. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 3. Classification [18800 - 18806] ( Chapter 3 added by Stats. 1945, Ch. 123. )
A classification title or board-approved code symbol must be used in personnel communications and in budget and financial records.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 3. Classification [18800 - 18806] ( Chapter 3 added by Stats. 1945, Ch. 123. ) ## 18806. 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. (Amended by Stats. 1949, Ch. 1141.) - 18900. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 4. Employment Lists [18900 - 18993] ( Heading of Chapter 4 renumbered from Chapter 5 by Stats. 1985, Ch. 794, Sec. 17. ) ## ARTICLE 1. General [18900 - 18906] ( Article 1 added by Stats. 1945, Ch. 123. )
Eligible lists must be based on free competitive examinations, and the department may limit candidate group size in certain examinations.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 4. Employment Lists [18900 - 18993] ( Heading of Chapter 4 renumbered from Chapter 5 by Stats. 1985, Ch. 794, Sec. 17. ) ## ARTICLE 1. General [18900 - 18906] ( Article 1 added by Stats. 1945, Ch. 123. ) ## 18900. (a) Eligible lists shall be established as a result of free competitive examinations open to persons who lawfully may be appointed to any position within the class for which these examinations are held and who meet the minimum qualifications requisite to the performance of the duties of that position as prescribed by the specifications for the class or by 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. (Amended by Stats. 2013, Ch. 427, Sec. 27. (AB 1062) Effective January 1, 2014.) - 18900.5. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 4. Employment Lists [18900 - 18993] ( Heading of Chapter 4 renumbered from Chapter 5 by Stats. 1985, Ch. 794, Sec. 17. ) ## ARTICLE 1. General [18900 - 18906] ( Article 1 added by Stats. 1945, Ch. 123. )
This section defines “designated appointing power” as an appointing power designated by the department under Section 18930.5.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 4. Employment Lists [18900 - 18993] ( Heading of Chapter 4 renumbered from Chapter 5 by Stats. 1985, Ch. 794, Sec. 17. ) ## ARTICLE 1. General [18900 - 18906] ( Article 1 added by Stats. 1945, Ch. 123. ) ## 18900.5. For purposes of this part, “designated appointing power” means an appointing power designated by the department under Section 18930.5. (Amended by Stats. 2013, Ch. 427, Sec. 28. (AB 1062) Effective January 1, 2014.) - 18900.6. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 4. Employment Lists [18900 - 18993] ( Heading of Chapter 4 renumbered from Chapter 5 by Stats. 1985, Ch. 794, Sec. 17. ) ## ARTICLE 1. General [18900 - 18906] ( Article 1 added by Stats. 1945, Ch. 123. )
The department may authorize skills-based certification for information technology classifications if stated conditions are met, and it must issue regulations on how that certification is implemented.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 4. Employment Lists [18900 - 18993] ( Heading of Chapter 4 renumbered from Chapter 5 by Stats. 1985, Ch. 794, Sec. 17. ) ## ARTICLE 1. General [18900 - 18906] ( Article 1 added by Stats. 1945, Ch. 123. ) ## 18900.6. (a) The department may authorize the use of skills-based certification for information technology classifications if all of the following conditions are satisfied: (1) There is a job analysis that meets legal standards. (2) The class is used on a servicewide basis. (3) The class is broad and includes a number of distinct assignments. (4) It is in the best interest of the state to use skills-based certification. (b) For purposes of this section, “skills-based certification” means the creation of a unique certification list for each vacancy within a class. Skills-based certification is created by weighting the scores attained by competitors of all measured knowledge, skills, and abilities to reflect their relative importance to the job, as identified by a job analysis for each vacancy. Skills-based certification shall replace the single eligible list for a classification with a unique list of eligible individuals for each vacancy. Skills-based certification shall determine the order of individuals on a certification list; it shall not affect the rules for using certification lists. (c) The department shall also promulgate regulations specifying how skills-based certification shall be implemented. Among other things, these regulations shall include provisions to ensure fairness to all candidates and prevent improper manipulation. (Amended by Stats. 2013, Ch. 427, Sec. 29. (AB 1062) Effective January 1, 2014.) - 18901. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 4. Employment Lists [18900 - 18993] ( Heading of Chapter 4 renumbered from Chapter 5 by Stats. 1985, Ch. 794, Sec. 17. ) ## ARTICLE 1. General [18900 - 18906] ( Article 1 added by Stats. 1945, Ch. 123. )
The department, and sometimes a designated appointing power, must manage eligible lists by removing names within the stated time limits and noting list expiration in examination announcements.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 4. Employment Lists [18900 - 18993] ( Heading of Chapter 4 renumbered from Chapter 5 by Stats. 1985, Ch. 794, Sec. 17. ) ## ARTICLE 1. General [18900 - 18906] ( Article 1 added by Stats. 1945, Ch. 123. ) ## 18901. (a) The department may remove all names from open and promotional eligible lists after they have remained thereon for more than one year from the date of the adoption of the lists that created their eligibility, and shall remove all names from lists of eligibles not later than four years after the adoption of the lists that created their eligibility. Whenever an open or a promotional eligible list has fewer than three names of persons who are willing to accept employment, all names on the list may be removed even though one year has not elapsed from the date of the adoption of the list. (b) When a list of eligibles becomes exhausted for temporary or permanent employment before the legal expiration of the list, and a new list of eligibles for the same class is created by examination to supply the demands of the service, such new list shall become a part of the list of eligibles to be certified to the positions covered by the list. Those holding places on the prior list shall be given preference for appointment until such time as the prior list may automatically expire or all names are removed therefrom by action of the department. When the prior list has expired by reason of limitation of time, or the names have been removed therefrom by order of the department, then certification shall be made solely from the latter list. (c) The department or a designated appointing power shall include in the announcement of any examination that the list of eligibles secured thereby will expire not less than one but less than four years after the adoption of such list. (d) The department or a designated appointing power may make changes in its records to correct clerical errors both before and after the announcement of an eligible list; provided, that any changes of rank, or addition or subtraction of names, made on lists of eligibles because of clerical errors or reratings, shall not change the date of the adoption of such lists, nor give to any persons the right to claim beginning date of eligibility other than the date of the adoption of the original eligible list that created their eligibility. (Amended by Stats. 2012, Ch. 360, Sec. 22. (SB 1309) Effective January 1, 2013.) - 18901.5. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 4. Employment Lists [18900 - 18993] ( Heading of Chapter 4 renumbered from Chapter 5 by Stats. 1985, Ch. 794, Sec. 17. ) ## ARTICLE 1. General [18900 - 18906] ( Article 1 added by Stats. 1945, Ch. 123. )
The department may keep eligibles on an employment list for an indefinite time if the listed factors support it.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 4. Employment Lists [18900 - 18993] ( Heading of Chapter 4 renumbered from Chapter 5 by Stats. 1985, Ch. 794, Sec. 17. ) ## ARTICLE 1. General [18900 - 18906] ( Article 1 added by Stats. 1945, Ch. 123. ) ## 18901.5. Notwithstanding subdivision (a) of Section 18901, the department may authorize the retention of eligibles on an employment list for an indefinite period of time based on the following factors: (a) The number of names remaining on the list in relation to the anticipated number of vacancies. (b) The qualifications of the eligibles. (c) The gender, ethnic, and disability composition of the eligibles remaining on the list. (d) The lack of unreasonable denial of a competitive opportunity for potential applicants. (e) The availability of alternative appointment options. (f) The modifications that have been made in the duties, responsibilities, and qualifications in the class specifications since the establishment of the eligible list. (Amended by Stats. 2012, Ch. 360, Sec. 23. (SB 1309) Effective January 1, 2013.)
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