Government Code — Part 22 | GOV — United States — California law | Esheria

Government Code

Part 22 of 107 · provisions 4,201–4,400

This act is named the Government Code.

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About this statute

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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Provisions of Government Code

Showing 200 of 21,333

  1. 18902.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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. )

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    The department may divide the state into districts and departments and create district and departmental eligible lists. A person on an eligible list may also be placed on another eligible list if the person asks to be placed there and the department thinks it serves the state’s best interests.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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. ) ## 18902. The department may divide the state into districts and departments and establish district eligible lists and departmental eligible lists therefor. A person on an eligible list or a departmental eligible list may be included in any other eligible or departmental eligible list on which he or she indicates a desire to be placed, when in the judgment of the department the best interests of the state are served thereby. (Amended by Stats. 2012, Ch. 360, Sec. 24. (SB 1309) Effective January 1, 2013.)
  2. 18903.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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. )

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    Each class must have a general reemployment list for certain laid-off or demoted employees, and some employees may be added within one year after resignation in good standing or voluntary demotion if the appointing power and department consent.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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. ) ## 18903. (a) For each class there shall be maintained a general reemployment list consisting of the names of all persons who have occupied positions with probationary or permanent status in the class and who have been legally laid off or demoted in lieu of layoff. (b) Within one year from the date of his or her resignation in good standing, or his or her voluntary demotion, the name of an employee who had probationary or permanent status may be placed on the general reemployment list with the consent of the appointing power and the department. The general reemployment list may also contain the names of persons placed thereon by the department in accordance with other provisions of this part. (Amended by Stats. 2013, Ch. 427, Sec. 30. (AB 1062) Effective January 1, 2014.)
  3. 18904.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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. )

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    State agencies must keep separate reemployment lists for each class, and may also keep separate subdivisional reemployment lists when approved subdivisions exist for layoff 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 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. ) ## 18904. For each class there shall be maintained a separate departmental reemployment list within a given state agency, which shall consist of the names of persons on the general reemployment list but employed in that state agency at the time of separation. There shall also be maintained a separate subdivisional reemployment list within a given state agency which shall consist of the names of persons employed in a subdivision of a state agency at the time of separation if subdivisions for that state agency have been set up with the approval of the Department of Human Resources for layoff purposes. (Amended by Stats. 2012, Ch. 665, Sec. 65. (SB 1308) Effective January 1, 2013.)
  4. 18905.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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. )

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    The order of names on reemployment lists is set by the relative order of scores, determined as for layoff under Section 19997.3 and Department of Human Resources 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 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. ) ## 18905. The order in which names appear on reemployment lists shall be determined by the relative order of the scores determined as for layoff in accordance with Section 19997.3 and Department of Human Resources rules. (Amended by Stats. 2012, Ch. 665, Sec. 66. (SB 1308) Effective January 1, 2013.)
  5. 18906.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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. )

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    After five consecutive years, a name must be removed from the reemployment lists for the class unless the department extends the period.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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. ) ## 18906. Any name, after a period of five consecutive years, shall be removed from the reemployment lists for the class unless the period is extended by action of the department. (Amended by Stats. 2012, Ch. 360, Sec. 25. (SB 1309) Effective January 1, 2013.)
  6. 18930.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 2. Examinations [18930 - 18941] ( Article 2 added by Stats. 1945, Ch. 123. )

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    Examinations for eligible lists must be competitive and designed to test candidates’ qualifications, fitness, and ability for the class of position sought.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 2. Examinations [18930 - 18941] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 18930. Examinations for the establishment of eligible lists shall be competitive and of such character as fairly to test and determine the qualifications, fitness, and ability of competitors actually to perform the duties of the class of position for which they seek appointment. Examinations for managerial positions, except for career executive assignments as defined in Section 18547, peace officers defined in subdivision (a) of Section 830.2 of the Penal Code, and managerial positions of the Department of Forestry and Fire Protection in the classes of State Forest Ranger IV and Assistant Deputy State Forester, shall be held on an open basis unless the appointing authority determines otherwise. “Managerial position” means those positions having the duties which are defined under “managerial employees” in subdivision (e) of Section 3513. When an open examination is administered for a noncareer executive assignment managerial position, the names of the applicants who pass the examination with a passing score shall be placed on one list and ranked in the relative order of the examination score received. Examinations may be assembled or unassembled, written or oral, or in the form of a demonstration of skill, or any combination of these; and any investigation of character, personality, education, and experience and any tests of intelligence, capacity, technical knowledge, manual skill, or physical fitness which the department deems are appropriate, may be employed. (Amended by Stats. 2012, Ch. 360, Sec. 26. (SB 1309) Effective January 1, 2013.)
  7. 18930.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 2. Examinations [18930 - 18941] ( Article 2 added by Stats. 1945, Ch. 123. )

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    The department must establish best practices for designing, announcing, and administering examinations to increase diversity in applicant pools on employment lists.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 2. Examinations [18930 - 18941] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 18930.1. The department shall establish best practices for each aspect of the design, announcement, and administration of examinations for the purpose of increasing diversity of applicant pools on employment lists. (Added by Stats. 2022, Ch. 313, Sec. 4. (AB 1604) Effective January 1, 2023.)
  8. 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 2. Examinations [18930 - 18941] ( Article 2 added by Stats. 1945, Ch. 123. )

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    The department may assign appointing powers to handle examinations for employment lists, the board may review improper exams, and the department and controller must handle related charges and transfers.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 2. Examinations [18930 - 18941] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 18930.5. (a) The department may designate an appointing power to design, announce, or administer examinations for the establishment of employment lists in accordance with Section 18654 and board rule. No later than January 1, 1987, the board shall authorize or assess the ability of appointing powers to design, announce, or administer designated examinations for the establishment of employment lists. The board may audit examinations and order corrective action or nullify any examination or parts thereof which have been conducted improperly. (b) A designated appointing power may contract with the department or another designated appointing power for the purpose of designing, publicizing, or administering an examination. The department shall charge designated appointing powers an amount sufficient to recover the costs to the department of these services and, pursuant to Section 11255, the Controller shall transfer to the department any moneys owed to the department by any designated appointing power for charges due under this subdivision. (Amended by Stats. 2019, Ch. 24, Sec. 4. (SB 83) Effective June 27, 2019.)
  9. 18931.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 2. Examinations [18930 - 18941] ( Article 2 added by Stats. 1945, Ch. 123. )

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    The board must set minimum qualifications for each class of position, and the department may ask applicants for documents needed to verify qualifications. The department must also develop qualification standards when used for examinations, and peace officer screening must be done by the department or designated appointing authority when the law requires 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 2. Examinations [18930 - 18941] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 18931. (a) The board shall establish minimum qualifications for determining the fitness and qualifications of employees for each class of position, including education, experience, knowledge, and abilities that each applicant is required to have to be considered eligible for a classification. The department may require applicants for examination or appointment to provide documentation as it deems necessary to establish the applicants’ qualifications. (b) The department shall develop standards for statements of qualifications used as the examination method in determining the fitness and qualifications of applicants for each class of position, when applicable. The department may require applicants for examination or appointment to provide documentation as it deems necessary to establish the applicants’ qualifications. (c) Whenever the law requires that an applicant for a position as a peace officer be screened to ensure that the applicant is free from emotional and mental impairment, the department or the designated appointing authority shall undertake that screening subject to the applicant’s right to appeal to the board. (Amended by Stats. 2022, Ch. 313, Sec. 5. (AB 1604) Effective January 1, 2023.)
  10. 18932.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 2. Examinations [18930 - 18941] ( Article 2 added by Stats. 1945, Ch. 123. )

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    The board generally may not set age limits for civil service exams, but it may do so for certain trainee positions and must set maximum age limits for some public safety or peace officer positions when justified as a bona fide occupational qualification.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 2. Examinations [18930 - 18941] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 18932. The board shall not establish any minimum or maximum age limits for any civil service examination, except in the cases of positions involving public health or safety or having the powers and duties of a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, and for trainee positions the board may establish minimum and maximum age limits. The board, for positions involving public safety or having the powers and duties of a peace officer, shall adopt maximum age limitations for any civil service examination where it can be demonstrated that the age limitation in question is a “bona fide occupational qualification” as provided by the Federal Age Discrimination in Employment Act of 1967 (29 U.S.C. Secs. 621 et seq.). The board shall waive those age limits for persons competing in examinations on a promotional basis. Any person possessing all the minimum qualifications for any state position is eligible, regardless of his or her age, to take any civil service examination given for that position, except as provided in this section. (Amended (as amended by Stats. 1981, Ch. 453) by Stats. 1990, Ch. 478, Sec. 9.)
  11. 18933.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 2. Examinations [18930 - 18941] ( Article 2 added by Stats. 1945, Ch. 123. )

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    The department or a designated appointing power must announce or advertise examinations for eligible lists within a reasonable time before the scheduled date, and the department must notify the Department of Veterans Affairs about promotional 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 2. Examinations [18930 - 18941] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 18933. (a) Within a reasonable time before the scheduled date, the department or a designated appointing power shall announce or advertise examinations for the establishment of eligible lists. The announcement shall include the following: (1) The date and place of the examination. (2) The nature of the minimum qualifications and the functional core competencies. (3) The general scope of the examination. (4) The relative weight of its several parts if more than one type of test is to be utilized. (5) The type of exam method, including the standard statement of qualifications, if applicable. (6) Any other information the department deems proper. (b) The department shall notify the Department of Veterans Affairs when any promotional examination for the establishment of an eligible list is announced or advertised to eligible candidates. The notification shall state the job position and include all of the information listed in paragraphs (1) to (6), inclusive, of subdivision (a). (Amended by Stats. 2022, Ch. 313, Sec. 6. (AB 1604) Effective January 1, 2023.)
  12. 18934.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 2. Examinations [18930 - 18941] ( Article 2 added by Stats. 1945, Ch. 123. )

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    Applicants must file examination applications as directed, and the department or appointing power must accept them free of charge and follow electronic-contact rules for online filings.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 2. Examinations [18930 - 18941] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 18934. (a) (1) Every applicant for examination shall file an application with the department or a designated appointing power as directed in the examination announcement. Applications shall be accepted free of any charge to the applicant. Filed applications and all other examination materials, including examination questions and any written material, are the property of the department and are confidential records not open to inspection except as provided by law. (2) The application shall include a place for listing volunteer experience and that experience shall be considered if it is relevant to the position being applied for and shall state that relevant volunteer experience will be given consideration as qualifying experience for state employment. (b) Whenever the department or a designated appointing power receives an application for examination that was filed online, the department, or the designated appointing power, shall do all of the following: (1) Provide the electronic communication address of the department or the electronic communication address of the designated appointing power to the applicant. (2) Contact the applicant using electronic communication instead of postal mail, unless the applicant specifically requests otherwise. (3) Inform the applicant that he or she will be provided with employment inquiry notifications and his or her score and rank on the examination using electronic communication, unless the applicant specifically requests to be notified using postal mail. (c) This section shall become operative on July 1, 2017. (Repealed (in Sec. 1) and added by Stats. 2014, Ch. 266, Sec. 2. (AB 1820) Effective January 1, 2015. Section operative July 1, 2017, by its own provisions.)
  13. 18935.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 2. Examinations [18930 - 18941] ( Article 2 added by Stats. 1945, Ch. 123. )

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    The department or a designated appointing power may refuse to examine, declare eligible, or keep someone on an eligible list if the person fails qualification requirements or has certain dismissal, resignation, misrepresentation, or unsuitability issues.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 2. Examinations [18930 - 18941] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 18935. (a) The department or a designated appointing power may refuse to examine, or after examination may refuse to declare as eligible, or may withhold or withdraw from an eligible list, before the appointment, anyone who meets any of the following criteria: (1) Lacks any of the requirements for the examination or position for which he or she applied. (2) Has been dismissed from any position for any cause that would be a cause for dismissal from state service. (3) Has resigned from any position not in good standing in order to avoid dismissal. (4) Has misrepresented himself or herself in the application or examination process, including permitting another person to complete or attempt to complete a portion of the examination on his or her behalf. (5) Has been found to be unsuited or not qualified for employment pursuant to rule. (b) The remedies provided in this section are not exclusive and shall not prevent the board, department, or appointing power from taking additional actions pursuant to Chapter 10 (commencing with Section 19680). (Repealed and added by Stats. 2013, Ch. 427, Sec. 35. (AB 1062) Effective January 1, 2014.)
  14. 18936.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 2. Examinations [18930 - 18941] ( Article 2 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    Examination scores must be calculated as a weighted average, using weights set in advance and published with the exam notice. The department or designated appointing power may also set minimum qualifying ratings and disqualify competitors who fail to meet 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 4. Employment Lists [18900 - 18993] ( Heading of Chapter 4 renumbered from Chapter 5 by Stats. 1985, Ch. 794, Sec. 17. ) ## ARTICLE 2. Examinations [18930 - 18941] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 18936. The final earned rating of each person competing in any examination shall be determined by the weighted average of the earned ratings on all phases of the examination, according to the weights for each phase established by the department or a designated appointing power in advance of the giving of the examination and published as a part of the announcement of the examination. The department or a designated appointing power may set minimum qualifying ratings for each phase of an examination and may provide that competitors failing to achieve such ratings in any phase shall be disqualified from any further participation in the examination. (Amended by Stats. 2013, Ch. 427, Sec. 36. (AB 1062) Effective January 1, 2014.)
  15. 18937.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 2. Examinations [18930 - 18941] ( Article 2 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    The department or a designated appointing power may adjust the passing mark for an exam, and the department may later limit the number of names on an employment 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 4. Employment Lists [18900 - 18993] ( Heading of Chapter 4 renumbered from Chapter 5 by Stats. 1985, Ch. 794, Sec. 17. ) ## ARTICLE 2. Examinations [18930 - 18941] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 18937. The passing mark for an examination may be other than the true percentage or average published as a part of the announcement of the examination, if deemed by the department or a designated appointing power to be justified in order to provide an adequate eligible list or to adjust for the apparent difficulty of an examination. In establishing any eligible list or promotional list following an examination, the names of the persons who have attained the passing mark in such examination shall be placed on the list in the order of final earned ratings, except as such order may be modified by the application of veterans’ preferences. When the order of names has been determined after applying the appropriate veterans’ preference credits, the department may thereafter limit to suit the needs of the service the number of names to be placed on the employment list. (Amended by Stats. 2013, Ch. 427, Sec. 37. (AB 1062) Effective January 1, 2014.)
  16. 18938.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 2. Examinations [18930 - 18941] ( Article 2 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    The department or a designated appointing power may issue certificates of competence to qualifying candidates and may accept those certificates as evidence of competence for the named period.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 2. Examinations [18930 - 18941] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 18938. The department or a designated appointing power may issue certificates of competence to candidates who are successful in certain phases of examinations involving a particular knowledge, ability, or skill. For the period named in such a certificate, the department or a designated appointing power may accept it as evidence of the candidate’s competence in lieu of participation in that phase of an examination. (Amended by Stats. 2012, Ch. 360, Sec. 30. (SB 1309) Effective January 1, 2013.)
  17. 18938.5.

    ## 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 2. Examinations [18930 - 18941] ( Article 2 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    After the employment list is established, each competitor must be notified in writing of the examination results. For an unsuccessful oral exam competitor, the department or a designated appointing power must give the reasons in writing if the competitor requests them in writing.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 2. Examinations [18930 - 18941] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 18938.5. When the employment list resulting from examination has been established, each competitor shall be notified in writing of the results of the examination. For competitors unsuccessful in an oral examination, the department or a designated appointing power shall, upon the written request of the competitor, specify the reasons why such person was unsuccessful. (Amended by Stats. 2012, Ch. 360, Sec. 31. (SB 1309) Effective January 1, 2013.)
  18. 18938.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 2. Examinations [18930 - 18941] ( Article 2 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    The department or designated appointing power must allow inspection of examination papers for all written test competitors.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 2. Examinations [18930 - 18941] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 18938.6. The department or designated appointing power shall provide for the inspection of examination papers for all written test competitors. (Amended by Stats. 2013, Ch. 427, Sec. 38. (AB 1062) Effective January 1, 2014.)
  19. 18939.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 2. Examinations [18930 - 18941] ( Article 2 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    The department or a designated appointing power may receive applications, conduct examinations, and create eligible lists on a continual basis, following board 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 4. Employment Lists [18900 - 18993] ( Heading of Chapter 4 renumbered from Chapter 5 by Stats. 1985, Ch. 794, Sec. 17. ) ## ARTICLE 2. Examinations [18930 - 18941] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 18939. The department or a designated appointing power may receive applications, conduct examinations, and create eligible lists on a continual basis consistent with board rules. The names of eligibles who took the same or a comparable examination on different dates may be ranked for purposes of certification in the order of final earned ratings, except as the order may be modified by the application of veterans preferences or career credits, consistent with applicable statutes. Eligibility from a continuous examination may be deemed to be established as of the date of examination. (Amended by Stats. 2018, Ch. 53, Sec. 21. (SB 866) Effective June 27, 2018.)
  20. 18940.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 2. Examinations [18930 - 18941] ( Article 2 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    An applicant for examination may request reasonable accommodation for a disability or sincerely held religious belief, and the department may set rules for those requests.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 2. Examinations [18930 - 18941] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 18940. Any applicant for examination may request reasonable accommodation for a disability or sincerely held religious belief pursuant to the Fair Employment and Housing Act or any other applicable law. The department may prescribe rules governing those requests. (Repealed and added by Stats. 2013, Ch. 427, Sec. 40. (AB 1062) Effective January 1, 2014.)
  21. 18941.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 2. Examinations [18930 - 18941] ( Article 2 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    A dismissed former state employee may ask the department for permission to take a civil service exam, and may appeal to the board if the department denies the petition.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 2. Examinations [18930 - 18941] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 18941. Any former state employee who was dismissed from state service pursuant to Chapter 7 (commencing with Section 19500) of Division 5 of this part may petition the department to be permitted to take a civil service examination in order to establish eligibility for appointment to state service. The department may grant such a petition for a particular examination or may grant the petition for any or all future examinations. If the department denies the petition, the former state employee may appeal that decision to the board. (Repealed and added by Stats. 2013, Ch. 427, Sec. 42. (AB 1062) Effective January 1, 2014.)
  22. 18950.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 3. Promotion [18950 - 18955] ( Article 3 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    The department may set conditions for who can compete in promotional examinations and for transferring eligibility between promotional lists.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 3. Promotion [18950 - 18955] ( Article 3 added by Stats. 1945, Ch. 123. ) ## 18950. (a) Vacancies in positions shall be filled insofar as consistent with the best interests of the state from among employees holding positions in appropriate classes, and appropriate promotional lists shall be established to facilitate this purpose, except as provided in Section 18930. Examinations shall be held on an open, nonpromotional basis when, in the judgment of the department or designated appointing power, open competition will produce eligible lists with more highly skilled qualified candidates and is consistent with the best interests of the state. (b) Consistent with board rules, the department may prescribe conditions under which state employees, persons on leave of absence, and persons whose names are on appropriate reemployment lists, may be permitted to compete in promotional examination and to attain eligibility for appointment. (c) The department, consistent with board rules, may prescribe conditions under which eligibility may be transferred from one promotional list to another promotional list. (d) Notwithstanding subdivision (c), eligibility may not be transferred from one promotional list to another promotional list where the list to which eligibility has been transferred is for a classification requiring specific professional licensing unless the applicant possesses the appropriate license. (Amended by Stats. 2018, Ch. 53, Sec. 22. (SB 866) Effective June 27, 2018.)
  23. 18950.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 3. Promotion [18950 - 18955] ( Article 3 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    Certain full-time state employees exempt from civil service may receive three career credits, but only for open nonpromotional exams and not when competing for managerial 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 4. Employment Lists [18900 - 18993] ( Heading of Chapter 4 renumbered from Chapter 5 by Stats. 1985, Ch. 794, Sec. 17. ) ## ARTICLE 3. Promotion [18950 - 18955] ( Article 3 added by Stats. 1945, Ch. 123. ) ## 18950.1. Notwithstanding any other law, full-time employees of the state who are exempt from state civil service pursuant to the provisions of Section 4 of Article VII of the California Constitution, shall be eligible to receive three career credits, except when competing for managerial positions, as defined in Section 3513, under conditions prescribed by the department. Such credits shall be granted only for open nonpromotional examinations. In order to be eligible to receive credits, such employees must meet all qualification requirements specified and must have 12 consecutive months of service in an exempt position. (Amended by Stats. 2013, Ch. 427, Sec. 44. (AB 1062) Effective January 1, 2014.)
  24. 18951.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 3. Promotion [18950 - 18955] ( Article 3 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    State agencies and employees must encourage efficient, merit-based promotion in state service, and eligible competitors in certain open nonpromotional exams receive three career credits.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 3. Promotion [18950 - 18955] ( Article 3 added by Stats. 1945, Ch. 123. ) ## 18951. The board, department, and each state agency and employee shall encourage economy and efficiency in and devotion to state service by encouraging promotional advancement of employees showing willingness and ability to perform efficiently services assigned them, and every person in state service shall be permitted to advance according to merit and ability. In an examination held on an open, nonpromotional basis under the provisions of Section 18950, a competitor, who has permanent civil service status, or who has a mandatory right of reinstatement to a position with permanent civil service status, and who attains the passing mark established for an examination which is not for a managerial position as defined in Section 3513, shall have three credits added to his or her earned score. Such credits shall be known as career credits. (Amended by Stats. 2013, Ch. 427, Sec. 45. (AB 1062) Effective January 1, 2014.)
  25. 18951.5.

    ## 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 3. Promotion [18950 - 18955] ( Article 3 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    Some competitors in open, nonpromotional examinations under Section 18950 get three career credits added to their score if they meet the stated service or employment conditions and pass the exam.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 3. Promotion [18950 - 18955] ( Article 3 added by Stats. 1945, Ch. 123. ) ## 18951.5. (a) In an examination held on an open, nonpromotional basis under Section 18950, a competitor who has served at least one full year in, or who is a graduate of, the California Conservation Corps, and who attains the passing mark established for the examination, shall have three career credits added to his or her score. Eligibility for career credits pursuant to this section shall expire 24 months after graduation from the California Conservation Corps or five years after graduation if the competitor has participated in a California Conservation Corps scholarship program. (b) In an examination held on an open, nonpromotional basis under Section 18950, a competitor who has worked full time as either a seasonal fire fighter I or a limited term or permanent intermittent fire fighter II, fire fighter II (paramedic), fire apparatus engineer, or fire apparatus engineer (paramedic), for three months with the California Department of Forestry and Fire Protection since January 1, 1979, and who attains a passing mark established for the examination for fire fighter II, fire fighter II (paramedic), fire apparatus engineer, or fire apparatus engineer (paramedic) shall have three career credits added to his or her score. (Amended by Stats. 1990, Ch. 316, Sec. 1.)
  26. 18952.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 3. Promotion [18950 - 18955] ( Article 3 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    An aggrieved employee may appeal in writing to the board, and the appeal must be kept confidential unless the employee consents. The board must investigate immediately and take whatever action it considers necessary.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 3. Promotion [18950 - 18955] ( Article 3 added by Stats. 1945, Ch. 123. ) ## 18952. Any employee who feels aggrieved at any action taken by any superior or fellow employee in discouraging or in any manner hindering or preventing him from taking any examination or any other action which he deems beneficial to himself may appeal to the board in writing. Any such appeal or communication in connection therewith is confidential and shall not be disclosed without the consent of the employee taking such appeal. Immediately after receiving such appeal the board shall investigate and shall take such action as it deems necessary. (Added by Stats. 1945, Ch. 123.)
  27. 18954.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 3. Promotion [18950 - 18955] ( Article 3 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    In California Highway Patrol promotional exams, each competitor must be given extra credit for merit, efficiency, and fitness based on prior service in the next lower grade.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 3. Promotion [18950 - 18955] ( Article 3 added by Stats. 1945, Ch. 123. ) ## 18954. In any promotional examinations for positions in the California Highway Patrol, there shall be allowed to each competitor an additional credit for merit, efficiency and fitness of one-quarter of a point for each year which he has served in the grade next lower than that for which the examination is given. (Added by Stats. 1945, Ch. 1523.)
  28. 18955.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 3. Promotion [18950 - 18955] ( Article 3 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    Examinations for certain supervisory-level peace officer classes must be job-related and include measurable components that allow objective scoring.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 3. Promotion [18950 - 18955] ( Article 3 added by Stats. 1945, Ch. 123. ) ## 18955. Examinations for those classes designated as supervisory level peace officers in the Department of Corrections and Youth Authority, with respect to those peace officers enumerated in Section 830.5 of the Penal Code, shall be job related and shall include measurable examination components which allow for objective scoring of applicants’ responses, as developed by the board. (Added by Stats. 1983, Ch. 578, Sec. 1.)
  29. 18973.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 4. Veterans’ Preference [18973 - 18979] ( Article 4 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    This section defines “veteran,” “disabled veteran,” and “100 percent disabled veteran” 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 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 4. Veterans’ Preference [18973 - 18979] ( Article 4 added by Stats. 1945, Ch. 123. ) ## 18973. For purposes of this article, the following definitions shall apply: (a) “Veteran” has the same meaning as defined in Section 18540.4. (b) “Disabled veteran” has the same meaning as defined in Section 18541. (c) “100 percent disabled veteran” means any veteran as defined in this section who is currently declared by the United States Veterans Administration to be 100 percent disabled as a result of his or her service. (Repealed and added by Stats. 2013, Ch. 75, Sec. 5. (AB 372) Effective January 1, 2014.)
  30. 18973.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 4. Veterans’ Preference [18973 - 18979] ( Article 4 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    Certain veterans, widows or widowers of veterans, and spouses of 100% disabled veterans who pass an entrance exam must be placed in the top rank of the eligibility 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 4. Employment Lists [18900 - 18993] ( Heading of Chapter 4 renumbered from Chapter 5 by Stats. 1985, Ch. 794, Sec. 17. ) ## ARTICLE 4. Veterans’ Preference [18973 - 18979] ( Article 4 added by Stats. 1945, Ch. 123. ) ## 18973.1. Whenever any veteran, widow or widower of a veteran, or spouse of a 100 percent disabled veteran achieves a passing score on an entrance examination, he or she shall be ranked in the top rank of the resulting eligibility list. This section shall not apply to any veteran who has been dishonorably discharged or released. (Repealed and added by Stats. 2013, Ch. 75, Sec. 7. (AB 372) Effective January 1, 2014.)
  31. 18973.5.

    ## 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 4. Veterans’ Preference [18973 - 18979] ( Article 4 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    For this article, an entrance examination means an open competitive examination. Veterans’ preference under this article may not be awarded to permanent 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 4. Employment Lists [18900 - 18993] ( Heading of Chapter 4 renumbered from Chapter 5 by Stats. 1985, Ch. 794, Sec. 17. ) ## ARTICLE 4. Veterans’ Preference [18973 - 18979] ( Article 4 added by Stats. 1945, Ch. 123. ) ## 18973.5. (a) For purposes of this article, an entrance examination is any open competitive examination. (b) No veterans’ preference under this article shall be awarded to permanent civil service employees. (Amended by Stats. 2013, Ch. 75, Sec. 8. (AB 372) Effective January 1, 2014.)
  32. 18974.5.

    ## 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 4. Veterans’ Preference [18973 - 18979] ( Article 4 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    Certain Armed Forces members who pass a state civil service exam and are placed on an employment list can receive the appropriate veterans' credit if they qualify for veterans' preference within 12 months after the list is established.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 4. Veterans’ Preference [18973 - 18979] ( Article 4 added by Stats. 1945, Ch. 123. ) ## 18974.5. Any member of the Armed Forces who successfully passes any state civil service examination and whose name as a result is placed on an employment list and who within 12 months after the establishment of the employment list for which the examination was given qualifies for veterans’ preference as provided for in this article shall be allowed the appropriate veterans’ credit to the same effect as though he or she were entitled to that credit at the time of the establishing of the employment list. (Amended by Stats. 2013, Ch. 75, Sec. 10. (AB 372) Effective January 1, 2014.)
  33. 18975.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 4. Veterans’ Preference [18973 - 18979] ( Article 4 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    The department and designated appointing authority must count recognized military service as qualifying experience when the veteran shows the service involved relevant duties and responsibilities.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 4. Veterans’ Preference [18973 - 18979] ( Article 4 added by Stats. 1945, Ch. 123. ) ## 18975. Periods of service in the recognized military service shall be counted by the department and designated appointing authority as qualifying experience upon a showing by the veteran that the veteran’s service involved duties and responsibilities of the kind for which credit for experience is being allowed. (Amended by Stats. 2013, Ch. 427, Sec. 47. (AB 1062) Effective January 1, 2014.)
  34. 18976.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 4. Veterans’ Preference [18973 - 18979] ( Article 4 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    A veteran must submit a veterans’ preference request and proof of eligibility to the department or appointing authority; the department may use a commanding officer’s signed document to verify military service for some active duty applicants.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 4. Veterans’ Preference [18973 - 18979] ( Article 4 added by Stats. 1945, Ch. 123. ) ## 18976. (a) Request for and proof of eligibility for veterans’ preference shall be submitted by the veteran to the department or designated appointing authority conducting the employment examination. The procedures and time of filing the request shall be subject to rules promulgated by the department, in consultation with the Department of Veterans Affairs. (b) Subject to rules promulgated by the department pursuant to subdivision (a), in order to facilitate a request for veterans’ preference from a currently serving active duty member of the United States Armed Forces, the department or designated appointing authority may use a document signed by an applicant’s commanding officer of the military to verify that applicant’s military service. The department or designated appointing authority, before the applicant enters state service with the benefit of the veterans’ preference, shall require the same proof of eligibility for veterans’ preference used for veterans under subdivision (a). (Amended by Stats. 2017, Ch. 237, Sec. 1. (SB 410) Effective January 1, 2018.)
  35. 18977.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 4. Veterans’ Preference [18973 - 18979] ( Article 4 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    If experience is required for a civil service exam, a qualifying person on or formerly on military leave must be given full credit for that leave time.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 4. Veterans’ Preference [18973 - 18979] ( Article 4 added by Stats. 1945, Ch. 123. ) ## 18977. Where experience is required as a minimum qualification for any civil service examination, a person, who is or has been on military leave from a state civil service or exempt position or from a position in any federal or other public agency the functions of which as they relate to the position have been transferred to the state shall be granted full credit for time spent on that military leave, as if he or she had remained in the position he held at the time he or she entered the military service. (Amended by Stats. 2013, Ch. 75, Sec. 13. (AB 372) Effective January 1, 2014.)
  36. 18979.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 4. Veterans’ Preference [18973 - 18979] ( Article 4 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    Appointments for these Employment Development Department positions must follow a priority order: disabled veteran first, then veteran. Anyone who does not meet the subdivision (a) criteria must not be appointed.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 4. Veterans’ Preference [18973 - 18979] ( Article 4 added by Stats. 1945, Ch. 123. ) ## 18979. (a) In making appointments to positions performing the duties of disabled veterans’ outreach program representatives in the disabled veterans’ outreach program or successor program of the Employment Development Department, appointments shall be made in the following order of preference: (1) Any disabled veteran. (2) Any veteran. (b) For the purposes of this section, “disabled veteran” and “veteran” have the same meaning as those terms are defined in Section 4211 of Title 38 of the United States Code. (c) A person who does not meet the criteria specified in subdivision (a) shall not be appointed to the position of disabled veterans’ outreach program representative. (Amended by Stats. 1999, Ch. 404, Sec. 1. Effective January 1, 2000.)
  37. 18990.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Exempt Employees [18990 - 18993] ( Heading of Article 5 amended by Stats. 1991, Ch. 26, Sec. 1. )

    Verify source ↗

    Some Legislature employees with at least two consecutive years of service may request an opportunity to seek civil service appointment list eligibility by taking certain exams, if they meet the class qualifications.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Exempt Employees [18990 - 18993] ( Heading of Article 5 amended by Stats. 1991, Ch. 26, Sec. 1. ) ## 18990. (a) Notwithstanding any other provision of law or rule, persons employed by the Legislature for two or more consecutive years shall be given an opportunity, upon request, to obtain civil service appointment list eligibility by taking any promotional civil service examination or career executive assignment examinations for which they meet the minimum qualifications of the class for which they seek appointment. Persons receiving passing scores shall gain list eligibility for appointment. In evaluating minimum qualifications, a person’s legislative experience shall be considered state civil service experience in a comparable class that has the same or substantially similar duties and responsibilities as the person’s legislative position. (b) Persons who meet the requirements of this section, but who resigned or were released from service with the Legislature, shall be eligible to take promotional civil service examinations and career executive assignment examinations in accordance with subdivision (a). (Amended by Stats. 2015, Ch. 322, Sec. 6. (SB 99) Effective September 22, 2015.)
  38. 18991.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Exempt Employees [18990 - 18993] ( Heading of Article 5 amended by Stats. 1991, Ch. 26, Sec. 1. )

    Verify source ↗

    Certain eligible veterans and military-discharge categories may apply for specified civil service examinations, and passing scores give list eligibility for 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 4. Employment Lists [18900 - 18993] ( Heading of Chapter 4 renumbered from Chapter 5 by Stats. 1985, Ch. 794, Sec. 17. ) ## ARTICLE 5. Exempt Employees [18990 - 18993] ( Heading of Article 5 amended by Stats. 1991, Ch. 26, Sec. 1. ) ## 18991. Notwithstanding any other provision of law, persons retired from the United States military, honorably discharged from active military duty with a service-connected disability, or honorably discharged from active duty, shall be eligible to apply for promotional civil service examinations and career executive assignment examinations for which they meet the minimum qualifications of the class to which they seek appointment. Persons receiving passing scores shall gain list eligibility for appointment. In evaluating minimum qualifications, the person’s military experience shall be considered state civil service experience in a comparable class that has the same or substantially similar duties and responsibilities as the person’s position in the military. (Amended by Stats. 2015, Ch. 322, Sec. 7. (SB 99) Effective September 22, 2015.)
  39. 18992.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Exempt Employees [18990 - 18993] ( Heading of Article 5 amended by Stats. 1991, Ch. 26, Sec. 1. )

    Verify source ↗

    Certain long-term exempt executive-branch employees may request civil service exam-based eligibility, and passing scores grant list eligibility.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Exempt Employees [18990 - 18993] ( Heading of Article 5 amended by Stats. 1991, Ch. 26, Sec. 1. ) ## 18992. (a) Notwithstanding any other provision of law or rule, persons holding, for two or more consecutive years, nonelected exempt positions in the executive branch of government as defined in subdivisions (c), (e), (f), (g), (i), and (m) of Section 4 of Article VII of the Constitution and excluding those positions for which the salaries are set by statute, shall be given the opportunity, upon request, to obtain civil service appointment list eligibility by taking any promotional civil service examination or career executive assignment examination for which they meet the minimum qualifications of the class to which they seek appointment. Persons receiving passing scores shall gain list eligibility for appointment. In evaluating minimum qualifications, the person’s experience in the exempt position shall be considered state civil service experience in a comparable class that has the same or substantially similar duties and responsibilities as the person’s exempt position. (b) Persons who meet the requirements of this section, but who resigned or were released from exempt employment of the executive branch of government, shall be eligible to take promotional civil service examinations and career executive assignment examinations in accordance with subdivision (a). (Amended by Stats. 2015, Ch. 322, Sec. 8. (SB 99) Effective September 22, 2015.)
  40. 18993.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Exempt Employees [18990 - 18993] ( Heading of Article 5 amended by Stats. 1991, Ch. 26, Sec. 1. )

    Verify source ↗

    Eligible exempt executive branch employees may compete in certain promotional exams, and after termination of the career executive assignment they may request a deferred examination; the department must administer it within 30 days of the request.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Exempt Employees [18990 - 18993] ( Heading of Article 5 amended by Stats. 1991, Ch. 26, Sec. 1. ) ## 18993. (a) Notwithstanding any other provision of law, a legislative or nonelected exempt executive branch employee who is appointed to a career executive assignment pursuant to Section 18990 or 18992, shall be eligible to compete in his or her appointing power’s promotional examinations for which he or she meets the minimum qualifications of the class to which he or she seeks appointment. When such an employee’s career executive assignment is terminated by the appointing power, he or she shall have the right to request a deferred examination for any promotional eligible list that his or her appointing power has in existence at the time of the termination of the career executive assignment and for which he or she meets the minimum qualifications of the class to which he or she seeks appointment. (b) A request for a deferred examination pursuant to subdivision (a) shall be made no later than 10 days after the effective date of the termination of the career executive assignment. The department shall administer the deferred examination within 30 days of the date of the request. (Amended by Stats. 2015, Ch. 322, Sec. 9. (SB 99) Effective September 22, 2015.)
  41. 19.

    ## Government Code - GOV ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    “County” includes city and county.

    ## Government Code - GOV ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1943, Ch. 134. ) ## 19. “County” includes city and county. (Enacted by Stats. 1943, Ch. 134.)
  42. 19050.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 1. General [19050 - 19062.5] ( Article 1 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    The appointing power must fill positions by appointment and, for vacant positions, use employment lists unless this part provides 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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 1. General [19050 - 19062.5] ( Article 1 added by Stats. 1945, Ch. 123. ) ## 19050. The appointing power in all cases not excepted or exempted by virtue of Article VII of the Constitution shall fill positions by appointment, including cases of transfers, reinstatements, promotions, and demotions, in strict accordance with this part and the rules prescribed from time to time under this part, and not otherwise. Except as provided in this part, appointments to vacant positions shall be made from employment lists. (Amended by Stats. 1985, Ch. 794, Sec. 19.)
  43. 19050.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 1. General [19050 - 19062.5] ( Article 1 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    With board approval, the appointing authority may make arrangements with personnel agencies in other jurisdictions to exchange services and transfer 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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 1. General [19050 - 19062.5] ( Article 1 added by Stats. 1945, Ch. 123. ) ## 19050.2. (a) Subject to the approval of the board, the appointing authority may enter into arrangements with personnel agencies in other jurisdictions for the purpose of exchanging services and effecting transfers of employees. (b) This section shall become operative on January 1, 2017. (Repealed (in Sec. 2) and added by Stats. 2013, Ch. 310, Sec. 3. (SB 105) Effective September 12, 2013. Section operative January 1, 2017, by its own provisions.)
  44. 19050.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 1. General [19050 - 19062.5] ( Article 1 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    An employee may be transferred between appointing powers if board rules allow 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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 1. General [19050 - 19062.5] ( Article 1 added by Stats. 1945, Ch. 123. ) ## 19050.3. Transfer of an employee from a position under one appointing power to a position under another appointing power may be made, subject to board rule. (Added by renumbering Section 19994.5 by Stats. 1987, Ch. 316, Sec. 6.)
  45. 19050.4.

    ## 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 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 1. General [19050 - 19062.5] ( Article 1 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    A transfer may be made without examination if board rules allow 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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 1. General [19050 - 19062.5] ( Article 1 added by Stats. 1945, Ch. 123. ) ## 19050.4. A transfer may be accomplished without examination pursuant to board rules. (Amended by Stats. 2018, Ch. 53, Sec. 23. (SB 866) Effective June 27, 2018.)
  46. 19050.5.

    ## 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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 1. General [19050 - 19062.5] ( Article 1 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    An appointing power may transfer an employee under its jurisdiction to a position in the same class or a different class, if board rule allows it and Section 3517.6 does not prevent 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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 1. General [19050 - 19062.5] ( Article 1 added by Stats. 1945, Ch. 123. ) ## 19050.5. Notwithstanding Section 3517.6, an appointing power may transfer any employee under his or her jurisdiction to a position in the same class or to another position in a different class pursuant to board rule. (Amended by Stats. 2012, Ch. 360, Sec. 38. (SB 1309) Effective January 1, 2013.)
  47. 19050.7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 1. General [19050 - 19062.5] ( Article 1 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    When a position changes because of new machines or processes, affected civil service employees must be given a reasonable chance to learn the new work and qualify for the new class, but they cannot be promoted to a higher class under 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 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 1. General [19050 - 19062.5] ( Article 1 added by Stats. 1945, Ch. 123. ) ## 19050.7. Whenever any position is changed by the adoption of new, different or additional machines or processes while the purpose or product is the same or similar in nature, any civil service employee affected shall be given reasonable opportunity without change in class, status, or salary to learn to do the work with the new machine or process and to qualify for status in the different class of position required for the work; provided, that an employee shall not be promoted to a higher class under this section. An employee who qualifies for appointment in the different class shall be deemed to possess the specific education, experience, or other requirements for that class and shall be appointed thereto with the same status and seniority which he or she last had in his or her previous class. An employee shall be deemed to be affected under this section if the adoption of the new, different or additional machines or processes results in his or her being laid off and if laid off that employee shall have the same opportunity to qualify for appointment to any vacancy in the same class or any new class created because of the adoption of the new, different or additional machines or processes as any other employee affected by this section who was not laid off. The board may prescribe rules and procedures and make determinations for carrying out this section including provisions for such examinations and tests of fitness as are deemed appropriate. (Added by renumbering Section 19994.8 by Stats. 1987, Ch. 316, Sec. 9.)
  48. 19050.8.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 1. General [19050 - 19062.5] ( Article 1 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    The board may set rules for temporary employee assignments or loans, subject to time limits and 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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 1. General [19050 - 19062.5] ( Article 1 added by Stats. 1945, Ch. 123. ) ## 19050.8. The board may prescribe rules governing the temporary assignment or loan of employees within an agency or between agencies for a period not to exceed two years or between jurisdictions for a period not to exceed four years for any of the following purposes: (a) To provide training to employees. (b) To enable an agency to obtain expertise needed to meet a compelling program or management need. (c) To facilitate the return of injured employees to work. These temporary assignments or loans shall be deemed to be in accord with this part limiting employees to duties consistent with their class and may be used to meet minimum requirements for promotional as well as open examinations. An employee participating in that arrangement shall have the absolute right to return to his or her former position. Any temporary assignment or loan of an employee made for the purpose specified in subdivision (b) shall be made only with the voluntary consent of the employee. In addition, out-of-class experience obtained in a manner not described in this section may be used to meet minimum requirements for promotional as well as open examinations, only if it was obtained by the employee in good faith and was properly verified under standards prescribed by board rule. For purposes of this section, a temporary assignment or loan between educational agencies or jurisdictions shall be extended for up to two additional years upon a finding by the Superintendent of Public Instruction or the Chancellor of the California Community Colleges, and with the approval of the Executive Officer of the State Personnel Board, that the extension is necessary in order to substantially complete work on an educational improvement project. However, the temporary assignment of any local educator who is performing the duties of a nonrepresented classification while on loan to a state educational agency may be extended for as many successive two year intervals as necessary by the Superintendent of Public Instruction or the Chancellor of the California Community Colleges with the concurrence of the educational agency or jurisdiction. Public and private colleges and universities shall be considered educational agencies or jurisdictions within the meaning of this section. A temporary assignment within an agency or between agencies may be extended by the board for up to two additional years in order for an employee to complete an apprenticeship program. (d) This section shall become operative on January 1, 2017. (Repealed (in Sec. 4) and added by Stats. 2013, Ch. 310, Sec. 5. (SB 105) Effective September 12, 2013. Section operative January 1, 2017, by its own provisions.)
  49. 19050.9.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 1. General [19050 - 19062.5] ( Article 1 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    When a function or law administration moves from one state agency to another, the civil service employees involved must transfer to the new agency, and their status, positions, and rights must be kept.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 1. General [19050 - 19062.5] ( Article 1 added by Stats. 1945, Ch. 123. ) ## 19050.9. Whenever a function or the administration of a law is transferred from one state agency to another state agency, all persons serving in the state civil service and engaged in the performance of the function or the administration of the law shall be transferred to that agency. The status, positions, and rights of those persons shall be retained by them pursuant to this part and the State Civil Service Act. A state agency is not required to retain any unnecessary officers or employees. “State agency” includes all departments, boards, offices, authorities, commissions, and other agencies of state government. The board may provide by rule for the administration of this section. (Added by renumbering Section 19994.10 by Stats. 1987, Ch. 316, Sec. 11.)
  50. 19051.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 1. General [19050 - 19062.5] ( Article 1 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    Civil service appointments must be made only to a class that fits the duties, functions, and responsibilities of the job.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 1. General [19050 - 19062.5] ( Article 1 added by Stats. 1945, Ch. 123. ) ## 19051. Civil service appointments shall only be made to a class that is appropriate for the duties, functions, and responsibilities that will be performed. (Repealed and added by Stats. 2018, Ch. 53, Sec. 25. (SB 866) Effective June 27, 2018.)
  51. 19052.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 1. General [19050 - 19062.5] ( Article 1 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    When a vacancy is being filled other than by transfer, demotion, or reinstatement, the appointing power must give the department any information it requests about the position.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 1. General [19050 - 19062.5] ( Article 1 added by Stats. 1945, Ch. 123. ) ## 19052. Whenever a vacancy in any position is to be filled and not by transfer, demotion, or reinstatement, the appointing power shall provide any information the department requests, including the classification of the position, the number of vacancies to be filled, the tenure and time base of the position, the location of the position, and any other information as the department may require. (Repealed and added by Stats. 2013, Ch. 427, Sec. 51. (AB 1062) Effective January 1, 2014.)
  52. 19054.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 1. General [19050 - 19062.5] ( Article 1 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    Certifying eligibles must be ordered by the stated preference list, except as provided in Section 19054.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 1. General [19050 - 19062.5] ( Article 1 added by Stats. 1945, Ch. 123. ) ## 19054. Except as provided in Section 19054.1, the order of preference in certifying eligibles shall be: subdivisional reemployment list, departmental reemployment list, general reemployment list, subdivisional promotional list, departmental promotional list, multidepartmental promotional list, servicewide promotional list, departmental eligible list, and eligible list. The preferred limited-term list, in accordance with board rule, may be given preference over the departmental eligible list, and the eligible list when making limited-term appointments. (Amended by Stats. 1982, Ch. 1245, Sec. 4.5.)
  53. 19054.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 1. General [19050 - 19062.5] ( Article 1 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    For open and promotional examinations for a managerial position, the eligibles’ names must be put on one list and ranked by exam score.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 1. General [19050 - 19062.5] ( Article 1 added by Stats. 1945, Ch. 123. ) ## 19054.1. When an examination for a managerial position is conducted on an open and promotional basis, the names of eligibles shall be placed on one list and ranked in relative order of the examination scores received. (Amended by Stats. 2018, Ch. 53, Sec. 26. (SB 866) Effective June 27, 2018.)
  54. 19055.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 1. General [19050 - 19062.5] ( Article 1 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    The department may, if board rules allow and no suitable employment list is available for the class, certify names from appropriate employment lists at the same or a higher level.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 1. General [19050 - 19062.5] ( Article 1 added by Stats. 1945, Ch. 123. ) ## 19055. The department may, consistent with board rules, provide for certification of names from appropriate employment lists of the same or higher level in the event an employment list is not available for the class to which a position belongs. (Amended by Stats. 2012, Ch. 360, Sec. 40. (SB 1309) Effective January 1, 2013.)
  55. 19056.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 1. General [19050 - 19062.5] ( Article 1 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    When an appointment is made from a departmental or subdivisional reemployment list, the person who ranks highest must be certified and appointed, unless one of those lists is used as the appropriate employment 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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 1. General [19050 - 19062.5] ( Article 1 added by Stats. 1945, Ch. 123. ) ## 19056. If the appointment is to be made from a departmental reemployment list or subdivisional reemployment list, unless either one is used as an appropriate employment list, the person standing highest shall be certified and appointed. (Amended by Stats. 1971, Ch. 1350.)
  56. 19056.5.

    ## 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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 1. General [19050 - 19062.5] ( Article 1 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    If an appointment is made from a general reemployment list, the three people with the highest standing on that list must be certified to the appointing power.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 1. General [19050 - 19062.5] ( Article 1 added by Stats. 1945, Ch. 123. ) ## 19056.5. Notwithstanding any other provision in this part, if the appointment is to be made from a general reemployment list, the names of the three persons with the highest standing on the list shall be certified to the appointing power. (Amended by Stats. 2002, Ch. 1, Sec. 8. Effective January 16, 2002.)
  57. 19057.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 1. General [19050 - 19062.5] ( Article 1 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    This section requires the department to provide certified eligibles lists for vacant positions, and lets the board and appointing power use or adjust those lists in limited ways.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 1. General [19050 - 19062.5] ( Article 1 added by Stats. 1945, Ch. 123. ) ## 19057.1. (a) Except for reemployment lists and State Restriction of Appointment lists, when an appointing power seeks to fill a vacant position by using an employment list, the department shall provide the appointing power with a certified list of the names and addresses of all eligibles whose scores at the time of certification represent the three highest ranks on the list and who have indicated a willingness to accept appointment under the conditions of employment specified. When there is more than one employment list or Limited Examination and Appointment Program referral list, the department shall, pursuant to applicable law and board rules, provide a single certified list of eligibles that combines the names and addresses of all eligibles. (b) As an alternative to receiving a combined list of eligibles pursuant to subdivision (a), if requested by an appointing power, the department shall provide a list of eligibles that includes only the names and addresses of candidates, if any, on a Limited Examination and Appointment Program referral list and the names and addresses of candidates, if any, on any applicable reemployment or State Restriction of Appointment list or other priority list as required by law. The appointing power may use a list created pursuant to this subdivision to notify individuals listed of the opportunity to apply for the vacant position, to screen applications for candidates’ eligibility, and to hire from among those applicants whose names appear on the list. The board may adopt or amend regulations, if necessary, to ensure that the procedures described in this subdivision are implemented in a manner consistent with merit principles and Article VII of the California Constitution. (c) For purposes of ranking, scores of eligibles on employment lists covered by this section shall be rounded to the nearest whole percent. A rank shall consist of one or more eligibles with the same whole percentage score. If the names on the list from which certification is being made represent fewer than three ranks, then, consistent with board rules, additional eligibles may be certified from the various lists next lower in order of preference until names from three ranks appear. If there are fewer than three names available for certification, and the appointing authority does not choose to appoint from among these, the appointing authority may demand certification of three names. In that case, examinations shall be conducted until at least three names may be certified by the procedure described in this section, and the appointing authority shall fill the position by appointment of one of the persons certified. (d) Fractional examination scores shall be provided to, and used by, the Department of the California Highway Patrol for its peace officer classes. (e) The department may, consistent with board rules, provide for certifying more or less than three ranks when the size of the certified group is disproportionate to the number of vacancies. (Amended by Stats. 2022, Ch. 892, Sec. 2. (AB 1195) Effective January 1, 2023.)
  58. 19057.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 1. General [19050 - 19062.5] ( Article 1 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    Before offering employment, an appointing power must give applicants a benefits explanation, and the department must prepare applicant materials for state-service benefits.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 1. General [19050 - 19062.5] ( Article 1 added by Stats. 1945, Ch. 123. ) ## 19057.2. (a) An appointing power, before offering employment to an applicant, shall provide the applicant with an explanation of the benefits that accompany state service in the form of the materials described in subdivision (b). A formal offer of employment shall contain a written memorialization document acknowledging that the applicant received these materials before accepting employment. (b) The department shall create documents for dissemination to applicants regarding the benefits of state service before accepting appointment. These documents shall include a summary of the applicable civil service position, with salary ranges and steps within them, as described in Section 19829, as well as information describing where on the internet website of the Department of Human Resources the applicant may find information on: (1) Benefits afforded by membership in the Public Employees’ Retirement System. (2) Benefits and protections provided to public employees by the State Civil Service Act. (Added by Stats. 2019, Ch. 447, Sec. 1. (AB 1033) Effective January 1, 2020.)
  59. 19057.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 1. General [19050 - 19062.5] ( Article 1 added by Stats. 1945, Ch. 123. )

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    This section requires certification of top-ranked eligible candidates to the appointing power for certain Department of Corrections and Rehabilitation positions, and the appointing power must appoint one of the certified persons.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 1. General [19050 - 19062.5] ( Article 1 added by Stats. 1945, Ch. 123. ) ## 19057.3. (a) For a position in the Department of Corrections and Rehabilitation, there shall be certified to the appointing power the names and addresses of all those eligibles for peace officer and closely allied classes whose scores, at the time of certification, represent the three highest ranks on the employment list for the class in which the position belongs and who have indicated their willingness to accept appointment under the conditions of employment specified. (b) For purposes of ranking, scores of eligibles on employment lists for the classes shall be rounded to the nearest whole percent. A rank consists of one or more eligibles with the same whole percentage score. (c) If fewer than three ranks of persons willing to accept appointment are on the list from which certification is to be made, then additional eligibles shall be certified from the various lists next lower in order of preference until names from three ranks are certified. If there are fewer than three names on those lists, and the appointing power does not choose to appoint from among these, the appointing power may demand certification of three names and examinations shall be conducted until at least three names may be certified. The appointing power shall fill the position by the appointment of one of the persons certified. (d) Where there is more than one employment list or Limited Examination and Appointment Program referral list, the department may, pursuant to applicable law and board rules, provide a single certified list of eligibles that combines the names and addresses of all eligible candidates. (e) The department may, consistent with board rules, provide for certifying more or less than three ranks where the size of the certified group is disproportionate to the number of vacancies. (f) The department may, consistent with board rules, allow for the names of eligibles to be transferred from lists for the same class or comparable classes where names from one list were certified under the rule of three ranks, and names from the other list were certified under the rule of three names. (Amended by Stats. 2018, Ch. 53, Sec. 28. (SB 866) Effective June 27, 2018.)
  60. 19058.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 1. General [19050 - 19062.5] ( Article 1 added by Stats. 1945, Ch. 123. )

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    If there is no employment list, the appointing power may make a temporary appointment with the department’s consent. Temporary appointments to permanent positions last only until eligibles are available and cannot exceed the constitutional period. Temporary appointments to limited-term positions may be continued for the life of the position if the appointing power allows and the department approves, within the constitutional time limit.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 1. General [19050 - 19062.5] ( Article 1 added by Stats. 1945, Ch. 123. ) ## 19058. When there is no employment list from which a position may be filled, the appointing power, with the consent of the department, may fill the position by temporary appointment. The temporary appointment to a permanent position shall continue only until eligibles are available from an appropriate employment list and shall not exceed the period prescribed by Section 5 of Article VII of the Constitution. Within the limits of the period prescribed therein, any temporary appointment to a limited-term position may, in the discretion of the appointing power and with the approval of the department, be continued for the life of such position. When temporary appointments are made to permanent positions, an appropriate employment list shall be established for each class to which a temporary appointment is made before the expiration of the appointment. (Amended by Stats. 2013, Ch. 427, Sec. 54. (AB 1062) Effective January 1, 2014.)
  61. 19059.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 1. General [19050 - 19062.5] ( Article 1 added by Stats. 1945, Ch. 123. )

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    People without the minimum qualifications for a class cannot be temporarily appointed, and temporary appointees do not gain probationary or permanent status or rights.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 1. General [19050 - 19062.5] ( Article 1 added by Stats. 1945, Ch. 123. ) ## 19059. A person who does not possess the minimum qualifications for the class to which the position belongs shall not be appointed under a temporary appointment. A temporary appointee shall not acquire any probationary or permanent status or rights, and time spent under temporary appointment shall not contribute to the probationary period if the appointee is subsequently successful in an examination and is certified and appointed to the position. (Amended by Stats. 2013, Ch. 427, Sec. 55. (AB 1062) Effective January 1, 2014.)
  62. 19061.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 1. General [19050 - 19062.5] ( Article 1 added by Stats. 1945, Ch. 123. )

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    A person appointed to a trade-rate apprentice class in the Office of State Printing must be appointed to the appropriate journeyman trade-rate class after completing the apprenticeship.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 1. General [19050 - 19062.5] ( Article 1 added by Stats. 1945, Ch. 123. ) ## 19061. Notwithstanding any other provision of law, a person appointed to a trade-rate apprentice class in the Office of State Printing shall be appointed to the appropriate journeyman trade-rate class upon completion of the apprenticeship. A person who is first appointed to a trade-rate apprentice class on or after January 1, 1976, shall, while in that class, accrue seniority points at one-half of the rate of a journeyman. (Added by Stats. 1975, Ch. 430.)
  63. 19062.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 1. General [19050 - 19062.5] ( Article 1 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    If there are no vacancies in the appropriate journeyman trade-rate class, an employee completing an apprenticeship under Section 19061 must be given the chance to choose among three options.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 1. General [19050 - 19062.5] ( Article 1 added by Stats. 1945, Ch. 123. ) ## 19062. If there are no vacancies in the appropriate journeyman trade-rate class, the employee completing an apprenticeship under Section 19061 shall be afforded the opportunity to elect one of the following: (a) If the employee’s seniority rating at the time of appointment to the appropriate journeyman trade-rate class is higher than that of any journeyman holding a permanent appointment in the appropriate journeyman trade-rate class, the employee shall be appointed to a permanent position. (b) If there is a reemployment list for the appropriate journeyman trade-rate class, the employee shall be placed on the reemployment list of that class. The position of the employee on the reemployment list shall be established by provisions of Section 19997.3 at the time of the employee’s appointment to the appropriate journeyman trade-rate class. (c) Demotion under Section 19997.8. (Amended by Stats. 1985, Ch. 794, Sec. 20.)
  64. 19062.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 1. General [19050 - 19062.5] ( Article 1 added by Stats. 1945, Ch. 123. )

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    An employee with a full- or part-time appointment is entitled to the amount of employment set at the time of appointment, subject to laws and rules on workforce reduction and separation.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 1. General [19050 - 19062.5] ( Article 1 added by Stats. 1945, Ch. 123. ) ## 19062.3. An employee holding a full- or part-time appointment shall be entitled to the amount of employment specified at the time of the appointment, subject to provisions of law and rule governing work force reduction and separation from civil service positions. (Added by renumbering Section 19064 by Stats. 1987, Ch. 56, Sec. 77.)
  65. 19062.5.

    ## 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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 1. General [19050 - 19062.5] ( Article 1 added by Stats. 1945, Ch. 123. )

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    The department may set eligibility requirements for moving employees between full-time, part-time, and intermittent 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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 1. General [19050 - 19062.5] ( Article 1 added by Stats. 1945, Ch. 123. ) ## 19062.5. The department may establish eligibility requirements governing movement of employees between full-time, part-time, and intermittent positions. (Amended by Stats. 2013, Ch. 427, Sec. 56. (AB 1062) Effective January 1, 2014.)
  66. 19063.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 1.5. Appointments: Priority Consideration [19063 - 19063.8] ( Article 1.5 added by Stats. 1983, Ch. 1291, Sec. 2. )

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    Certain CalWORKs public assistance recipients who qualify for specified civil service jobs must get priority consideration, and state agencies must document nonselection reasons.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 1.5. Appointments: Priority Consideration [19063 - 19063.8] ( Article 1.5 added by Stats. 1983, Ch. 1291, Sec. 2. ) ## 19063. (a) Any person receiving state public assistance under the CalWORKs program (Article 3.2 (commencing with Section 11320) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code) who meets the minimum qualifications for any civil service position as a seasonal or an entry level nontesting class that does not require an examination shall be given priority consideration. “Priority consideration” means, for the purposes of this article, that after consideration has been made for all conditions described in this section, the state agency involved shall hire all qualified job applicants who are receiving state public assistance before hiring any other applicant. The department shall review all nontesting classes and determine those that are subject to this article. (b) Public assistance recipients who apply for openings under this article shall be required to undergo the same employment process used by state agencies to select any other person for appointment to a position in such a class. If a state agency does not select a public assistance recipient to fill an opening, it shall document in its employment records the reasons why the public assistance recipient was not selected and any other information determined to be necessary by the department. (c) The employment of public assistance recipients shall be consistent with the goals established by each agency under Section 19790. (d) This section shall not preclude a state agency from hiring any person appointed during the prior 12 months in the class for which the vacancy exists. (Amended by Stats. 2012, Ch. 360, Sec. 44. (SB 1309) Effective January 1, 2013.)
  67. 19063.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 1.5. Appointments: Priority Consideration [19063 - 19063.8] ( Article 1.5 added by Stats. 1983, Ch. 1291, Sec. 2. )

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    State agencies planning certain qualified hiring pools must give advance notice, request referrals of public assistance recipients, and provide job-related information.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 1.5. Appointments: Priority Consideration [19063 - 19063.8] ( Article 1.5 added by Stats. 1983, Ch. 1291, Sec. 2. ) ## 19063.1. Each state agency that intends to establish qualified hiring pools, as defined by the department, for seasonal or entry level nontesting class employment shall notify the Employment Development Department or its delegate in the area where the openings are expected to occur at least 45 calendar days prior to the establishment of the pool. The state agency shall request referrals of public assistance recipients and at the same time shall provide necessary job-related information. (Amended by Stats. 2012, Ch. 360, Sec. 45. (SB 1309) Effective January 1, 2013.)
  68. 19063.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 1.5. Appointments: Priority Consideration [19063 - 19063.8] ( Article 1.5 added by Stats. 1983, Ch. 1291, Sec. 2. )

    Verify source ↗

    Certain state agencies must notify the Employment Development Department of qualifying job openings and request referrals.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 1.5. Appointments: Priority Consideration [19063 - 19063.8] ( Article 1.5 added by Stats. 1983, Ch. 1291, Sec. 2. ) ## 19063.2. Each state agency that has an open seasonal or entry level nontesting class position, but does not have a qualified hiring pool, shall notify the Employment Development Department or its delegate in the area where the job is located of the opening no later than five working days after the vacancy occurs. The state agency shall request referrals of public assistance recipients and at the same time shall provide necessary job-related information. The agency shall provide a reasonable period for referrals, but not less than 10 working days. (Amended by Stats. 1999, Ch. 310, Sec. 7. Effective January 1, 2000.)
  69. 19063.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 1.5. Appointments: Priority Consideration [19063 - 19063.8] ( Article 1.5 added by Stats. 1983, Ch. 1291, Sec. 2. )

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    The Governor may waive this article if the state agency involved requests it to address a qualifying emergency, and the waiver reasons must be sent to the Joint Legislative Budget Committee within five working 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 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 1.5. Appointments: Priority Consideration [19063 - 19063.8] ( Article 1.5 added by Stats. 1983, Ch. 1291, Sec. 2. ) ## 19063.3. This article may be waived by the Governor, if requested to do so by the state agency involved, in order to address an emergency which threatens the public health or safety, the state’s natural resources, or the economy. If an emergency waiver is granted, notification including reasons for the waiver shall be forwarded to the Joint Legislative Budget Committee within five working days. (Added by Stats. 1983, Ch. 1291, Sec. 2. Effective September 30, 1983.)
  70. 19063.4.

    ## 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 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 1.5. Appointments: Priority Consideration [19063 - 19063.8] ( Article 1.5 added by Stats. 1983, Ch. 1291, Sec. 2. )

    Verify source ↗

    A state agency may fill an opening with a non-recipient if no public assistance recipient applies in time, and if it does hire a non-recipient it must record specified hiring details.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 1.5. Appointments: Priority Consideration [19063 - 19063.8] ( Article 1.5 added by Stats. 1983, Ch. 1291, Sec. 2. ) ## 19063.4. If no public assistance recipient applies for an opening within the time limits established by this article, the state agency may fill the opening with a person not receiving public assistance. In the event a person not receiving public assistance is hired, the state agency shall place a certification in its employment records stating the date it contacted the Employment Development Department or its designate, the name of the person contacted, the date the position was filled, and any other information determined to be necessary by the department. (Amended by Stats. 2012, Ch. 360, Sec. 46. (SB 1309) Effective January 1, 2013.)
  71. 19063.5.

    ## 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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 1.5. Appointments: Priority Consideration [19063 - 19063.8] ( Article 1.5 added by Stats. 1983, Ch. 1291, Sec. 2. )

    Verify source ↗

    Public assistance recipients may voluntarily participate in seasonal or entry-level nontesting class vacancies, and they cannot be penalized for not applying for, accepting, or staying in such a position.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 1.5. Appointments: Priority Consideration [19063 - 19063.8] ( Article 1.5 added by Stats. 1983, Ch. 1291, Sec. 2. ) ## 19063.5. Notwithstanding any other provision of law, participation in a seasonal or entry level nontesting class vacancy by a public assistance recipient shall be voluntary only, and in no event shall any person be subject to sanctions, through loss of benefits or eligibility, for not applying for, accepting, or continuing in such a position. All notices shall explain the voluntary nature of the application to work in a seasonal or entry level nontesting class opening, the job requirements, the amount of pay, and the job qualifications. All notices, shall also inform public assistance recipients that they will have priority in being hired for jobs in these openings as provided in Section 19063. (Amended by Stats. 1999, Ch. 310, Sec. 8. Effective January 1, 2000.)
  72. 19063.8.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 1.5. Appointments: Priority Consideration [19063 - 19063.8] ( Article 1.5 added by Stats. 1983, Ch. 1291, Sec. 2. )

    Verify source ↗

    Certain seasonal or entry-level non-testing classifications that are designed to train students are exempt from this article if the department determines they qualify and they were authorized when the article took effect.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 1.5. Appointments: Priority Consideration [19063 - 19063.8] ( Article 1.5 added by Stats. 1983, Ch. 1291, Sec. 2. ) ## 19063.8. Any seasonal or entry level nontesting classifications specifically designed to support a program to train students, as determined by the department, to the extent that they are authorized as of the effective date of this article, shall be exempt from this article. However, state agencies shall be encouraged by the department to increase their efforts to recruit disadvantaged youth or students for these jobs. (Amended by Stats. 2012, Ch. 360, Sec. 47. (SB 1309) Effective January 1, 2013.)
  73. 19080.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 2. Limited Term [19080 - 19083] ( Article 2 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    If an appointing power is requesting certification for a limited-term appointment, the request must state the position’s duration.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 2. Limited Term [19080 - 19083] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 19080. Whenever an appointing power requires the appointment of a person on a limited term basis, the request for certification shall state the duration of the position. (Amended by Stats. 1982, Ch. 702, Sec. 2.)
  74. 19080.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 2. Limited Term [19080 - 19083] ( Article 2 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    Limited term appointments are limited to temporary staffing needs and generally cannot run longer than one year, unless the board authorizes up to two years in specified circumstances.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 2. Limited Term [19080 - 19083] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 19080.3. Limited term appointments shall be made only for temporary staffing needs and shall not individually or consecutively exceed one year, provided that the board may authorize limited term appointments of up to a total of two years’ duration when a permanent appointment would be likely to cause a layoff, demotion, or mandatory transfer requiring a change of residence upon the conclusion of the temporary staffing need. Limited term appointments may be extended within the time limits prescribed by this section without making an additional appointment. (Added by Stats. 1982, Ch. 702, Sec. 3.)
  75. 19080.5.

    ## 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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 2. Limited Term [19080 - 19083] ( Article 2 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    The Department of Education may make limited-term appointments for up to two years, but no person may receive more than one such appointment in five years and the appointments may not exceed 10% of the professional education staff.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 2. Limited Term [19080 - 19083] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 19080.5. (a) Notwithstanding Section 19080.3, a limited term appointment for a period not to exceed two years may be made to professional education classifications established for use by the Department of Education to facilitate the professional development of experienced professional educators. Any individual may not receive more than one such appointment within a five-year period. The number of such appointments at any point in time shall not exceed 10 percent of the professional education staff employed by the Department of Education. The request for certification shall state the duration of the appointment. The provisions of this section shall not apply to any person employed by the Department of Education in a civil service position on the effective date of this section. (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. 1982, Ch. 702, Sec. 4.)
  76. 19081.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 2. Limited Term [19080 - 19083] ( Article 2 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    Eligibles must be certified based on their ranking on the appropriate employment list and their willingness to accept the appointment as a limited term 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 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 2. Limited Term [19080 - 19083] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 19081. Eligibles shall be certified in accordance with their position on the appropriate employment list and their willingness to accept appointment to such position as “limited term employees.” (Added by Stats. 1945, Ch. 123.)
  77. 19082.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 2. Limited Term [19080 - 19083] ( Article 2 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    The department may set up, maintain, and use preferred limited-term lists.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 2. Limited Term [19080 - 19083] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 19082. The department may provide for the establishment, maintenance, and use of preferred limited-term lists. (Amended by Stats. 2013, Ch. 427, Sec. 57. (AB 1062) Effective January 1, 2014.)
  78. 19083.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 2. Limited Term [19080 - 19083] ( Article 2 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    Limited-term employees are subject to board-determined rules on appointment, status, tenure, and separation, including employment lists for 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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 2. Limited Term [19080 - 19083] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 19083. Limited-term employees shall be subject to such conditions affecting appointment, status, tenure and separation during and after employment as the board by rule determines, including providing for the establishment of employment lists from which appointments are made. (Added by Stats. 1972, Ch. 308.)
  79. 19100.5.

    ## 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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 3. Intermittent [19100.5 - 19101] ( Article 3 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    If an appointing power seeks to appoint someone to intermittent or irregular work, the certification request must state the probable amount of working time needed. For such workers, status, tenure, and separation rules are subject to board rule.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 3. Intermittent [19100.5 - 19101] ( Article 3 added by Stats. 1945, Ch. 123. ) ## 19100.5. Whenever the appointing power requires the appointment of a person to a position requiring the performance of work on an intermittent or irregular time basis, the request for certification shall state the probable amount of working time to be required in the position. For persons employed on an intermittent or irregular time base, the status, tenure, and methods of separation governed by this part shall be subject to board rule. (Added by Stats. 1978, Ch. 776.)
  80. 19101.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 3. Intermittent [19100.5 - 19101] ( Article 3 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    The department or a designated appointing authority may create employment lists for intermittent appointments, and eligibles must be certified based on their list position and willingness to accept the 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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 3. Intermittent [19100.5 - 19101] ( Article 3 added by Stats. 1945, Ch. 123. ) ## 19101. The department or a designated appointing authority may establish employment lists from which intermittent appointments may be made. Eligibles shall be certified in accordance with their position on the appropriate employment list and their willingness to accept appointment to such position as “intermittent employees.” (Amended by Stats. 2013, Ch. 427, Sec. 58. (AB 1062) Effective January 1, 2014.)
  81. 19130.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 4. Personal Services Contracts [19130 - 19135] ( Heading of Article 4 renumbered from Article 4.5 by Stats. 1985, Ch. 794, Sec. 21. )

    Verify source ↗

    This section sets conditions for using personal services contracts and requires certain service providers to be kept on civil service appointment unless an exemption applies.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 4. Personal Services Contracts [19130 - 19135] ( Heading of Article 4 renumbered from Article 4.5 by Stats. 1985, Ch. 794, Sec. 21. ) ## 19130. The purpose of this article is to establish standards for the use of personal services contracts. (a) Personal services contracting is permissible to achieve cost savings when all the following conditions are met: (1) The contracting agency clearly demonstrates that the proposed contract will result in actual overall cost savings to the state, provided that: (A) In comparing costs, there shall be included the state’s additional cost of providing the same service as proposed by a contractor. These additional costs shall include the salaries and benefits of additional staff that would be needed and the cost of additional space, equipment, and materials needed to perform the function. (B) In comparing costs, there shall not be included the state’s indirect overhead costs unless these costs can be attributed solely to the function in question and would not exist if that function was not performed in state service. Indirect overhead costs shall mean the pro rata share of existing administrative salaries and benefits, rent, equipment costs, utilities, and materials. (C) In comparing costs, there shall be included in the cost of a contractor providing a service any continuing state costs that would be directly associated with the contracted function. These continuing state costs shall include, but not be limited to, those for inspection, supervision, and monitoring. (2) Proposals to contract out work shall not be approved solely on the basis that savings will result from lower contractor pay rates or benefits. Proposals to contract out work shall be eligible for approval if the contractor’s wages are at the industry’s level and do not significantly undercut state pay rates. (3) The contract does not cause the displacement of civil service employees. The term “displacement” includes layoff, demotion, involuntary transfer to a new class, involuntary transfer to a new location requiring a change of residence, and time base reductions. Displacement does not include changes in shifts or days off, nor does it include reassignment to other positions within the same class and general location. (4) The contract does not adversely affect the state’s affirmative action efforts. (5) The savings shall be large enough to ensure that they will not be eliminated by private sector and state cost fluctuations that could normally be expected during the contracting period. (6) The amount of savings clearly justify the size and duration of the contracting agreement. (7) The contract is awarded through a publicized, competitive bidding process. (8) The contract includes specific provisions pertaining to the qualifications of the staff that will perform the work under the contract, as well as assurance that the contractor’s hiring practices meet applicable nondiscrimination, affirmative action standards. (9) The potential for future economic risk to the state from potential contractor rate increases is minimal. (10) The contract is with a firm. A “firm” means a corporation, partnership, nonprofit organization, or sole proprietorship. (11) The potential economic advantage of contracting is not outweighed by the public’s interest in having a particular function performed directly by state government. (b) Personal services contracting also shall be permissible when any of the following conditions are met: (1) The functions contracted are exempted from civil service by Section 4 of Article VII of the California Constitution, which describes exempt appointments. (2) The contract is for a new state function and the Legislature has specifically mandated or authorized the performance of the work by independent contractors. (3) The services contracted are not available within civil service, cannot be performed satisfactorily by civil service employees, or are of such a highly specialized or technical nature that the necessary expert knowledge, experience, and ability are not available through the civil service system. (4) The services are incidental to a contract for the purchase or lease of real or personal property. Contracts under this criterion, known as “service agreements,” shall include, but not be limited to, agreements to service or maintain office equipment or computers that are leased or rented. (5) The legislative, administrative, or legal goals and purposes cannot be accomplished through the utilization of persons selected pursuant to the regular civil service system. Contracts are permissible under this criterion to protect against a conflict of interest or to ensure independent and unbiased findings in cases where there is a clear need for a different, outside perspective. These contracts shall include, but not be limited to, obtaining expert witnesses in litigation. (6) The nature of the work is such that the standards of this code for emergency appointments apply. These contracts shall conform with Article 8 (commencing with Section 19888) of Chapter 2.5 of Part 2.6. (7) State agencies need private counsel because a conflict of interest on the part of the Attorney General’s office prevents it from representing the agency without compromising its position. These contracts shall require the written consent of the Attorney General, pursuant to Section 11040. (8) The contractor will provide equipment, materials, facilities, or support services that could not feasibly be provided by the state in the location where the services are to be performed. (9) The contractor will conduct training courses for which appropriately qualified civil service instructors are not available, provided that permanent instructor positions in academies or similar settings shall be filled through civil service appointment. (10) The services are of such an urgent, temporary, or occasional nature that the delay incumbent in their implementation under civil service would frustrate their very purpose. (c) All persons who provide services to the state under conditions the board determines constitute an employment relationship shall, unless exempted from civil service by Section 4 of Article VII of the California Constitution, be retained under an appropriate civil service appointment. (Amended by Stats. 2016, Ch. 86, Sec. 160. (SB 1171) Effective January 1, 2017.)
  82. 19131.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 4. Personal Services Contracts [19130 - 19135] ( Heading of Article 4 renumbered from Article 4.5 by Stats. 1985, Ch. 794, Sec. 21. )

    Verify source ↗

    A state agency proposing certain contracts must notify the State Personnel Board, and the board must contact interested employee groups and may review the contract if an employee organization asks within 10 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 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 4. Personal Services Contracts [19130 - 19135] ( Heading of Article 4 renumbered from Article 4.5 by Stats. 1985, Ch. 794, Sec. 21. ) ## 19131. Any state agency proposing to execute a contract pursuant to subdivision (a) of Section 19130 shall notify the State Personnel Board of its intention. All organizations that represent state employees who perform the type of work to be contracted, and any person or organization which has filed with the board a request for notice, shall be contacted immediately by the State Personnel Board upon receipt of this notice so that they may be given a reasonable opportunity to comment on the proposed contract. Departments or agencies submitting proposed contracts shall retain and provide all data and other information relevant to the contracts and necessary for a specific application of the standards set forth in subdivision (a) of Section 19130. Any employee organization may request, within 10 days of notification, the State Personnel Board to review any contract proposed or executed pursuant to subdivision (a) of Section 19130. The review shall be conducted in accordance with subdivision (b) of Section 10337 of the Public Contract Code. Upon such a request, the State Personnel Board shall review the contract for compliance with the standards specified in subdivision (a) of Section 19130. (Amended by Stats. 1992, Ch. 1302, Sec. 13. Effective September 30, 1992.)
  83. 19132.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 4. Personal Services Contracts [19130 - 19135] ( Heading of Article 4 renumbered from Article 4.5 by Stats. 1985, Ch. 794, Sec. 21. )

    Verify source ↗

    The State Personnel Board must review certain proposed or executed contracts on request, and a state agency generally may not execute a covered personal services contract until it notifies the relevant employee organizations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 4. Personal Services Contracts [19130 - 19135] ( Heading of Article 4 renumbered from Article 4.5 by Stats. 1985, Ch. 794, Sec. 21. ) ## 19132. (a) The State Personnel Board, at the request of an employee organization that represents state employees, shall review the adequacy of any proposed or executed contract that is of a type enumerated in subdivision (b) of Section 19130. The review shall be conducted in accordance with subdivision (c) of Section 10337 of the Public Contract Code. However, a contract that was reviewed at the request of an employee organization when it was proposed need not be reviewed again after its execution. (b) (1) Unless a personal services contract pursuant to subdivision (b) of Section 19130 is necessary due to a sudden and unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services, the contract shall not be executed until the state agency proposing to execute the contract has notified all organizations that represent state employees who perform the type of work to be contracted. (2) At a minimum, the notice shall include a full copy of the proposed contract. The notifying agency may redact specific confidential or proprietary information from the notice. (3) The Department of General Services shall establish a process to certify the notification in paragraph (1). (4) The notification and certification of notice requirements of this subdivision do not change the requirements for contracts under Section 11045 or require an additional notification. (5) This subdivision does not apply to contracts executed by the Commission on Peace Officer Standards and Training pursuant to subdivision (c) of Section 13503 of the Penal Code and this article. (Amended by Stats. 2014, Ch. 504, Sec. 1. (AB 2387) Effective January 1, 2015.)
  84. 19133.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 4. Personal Services Contracts [19130 - 19135] ( Heading of Article 4 renumbered from Article 4.5 by Stats. 1985, Ch. 794, Sec. 21. )

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    State agencies may make agreements for part-time student employment with certain California higher-education institutions and foundations, but students hired under this section cannot gain civil service status, work more than 194 days in the 365 days after hiring, or displace 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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 4. Personal Services Contracts [19130 - 19135] ( Heading of Article 4 renumbered from Article 4.5 by Stats. 1985, Ch. 794, Sec. 21. ) ## 19133. (a) Any state agency may enter into an agreement with any public or private institution of higher education in California, nonprofit campus foundation, or state higher education foundation to provide part-time employment to students attending a public or private institution of higher education that contracts with the state agency, or to students attending a public or private institution which is affiliated with a nonprofit campus foundation, or a state higher education foundation, that contracts with a state agency, in work related to the field of study of the student. (b) Notwithstanding any other provision of law to the contrary, no student employed pursuant to this section shall do any of the following: (1) Accrue state civil service status. (2) Be employed for more than 194 days in the 365 days following the initial date of employment. (3) Cause the displacement of civil service employees. (c) “Displacement,” for the purposes of this section, includes layoffs, demotions, involuntary transfers to a new class, involuntary transfers to a new location requiring a change of residence, and time-based reductions. “Displacement,” for the purposes of this section, shall not include changes in shifts or days off nor shall it include reassignment to other positions within the same class and general location. (Added by Stats. 1989, Ch. 168, Sec. 2.)
  85. 19134.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 4. Personal Services Contracts [19130 - 19135] ( Heading of Article 4 renumbered from Article 4.5 by Stats. 1985, Ch. 794, Sec. 21. )

    Verify source ↗

    Covered state personal services contracts must include employee wages and benefits worth at least 85% of the state employer cost, and the section also requires certain holiday pay and allows cash in lieu of benefits.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 4. Personal Services Contracts [19130 - 19135] ( Heading of Article 4 renumbered from Article 4.5 by Stats. 1985, Ch. 794, Sec. 21. ) ## 19134. (a) Personal services contracts entered into by a state agency in accordance with Section 19130 for persons providing janitorial and housekeeping services, custodians, food service workers, laundry workers, window cleaners, and security guard services shall include provisions for employee wages and benefits that are valued at least 85 percent of the state employer cost of wages and benefits provided to state employees for performing similar duties. (b) For purposes of this section, “benefits” includes “health, dental, retirement, and vision benefits, and holiday, sick, and vacation pay.” (c) (1) The Department of Human Resources shall establish annually the state employer wage and benefit costs for workers covered pursuant to this section. (2) Benefit costs shall be established using rates based on single employee, employee plus one dependent, and employee plus two or more dependents, or the costs may be based on a blended rate, subject to the determination of the Department of Human Resources. (d) In lieu of providing actual benefits, contractors may comply with this section by a cash payment to employees equal to the applicable determination under subdivision (c). (e) Failure to provide benefits or cash in lieu to employees as required under this section shall be deemed to be a material breach for any contract for personal services covered by this section. (f) The Department of General Services and the Department of Human Resources may adopt guidelines and regulations to implement the requirements of this section. (g) This section applies to all contracts exceeding 90 days. (h) Holiday pay shall be provided to employees of contractors providing services specified in subdivision (a) on any state holiday that the state facility in which the services are being provided is closed. (i) This section also applies to wages and benefits of employees of subcontractors providing services specified in subdivision (a) in state-leased facilities where the facility is at least 50,000 square feet in area and the state leases all of the occupied floorspace of the facility. (j) With the exception of subdivision (h), this section does not apply to personal services contracts for the services described in subdivision (a) performed by employees of nonprofit organizations that are employed in accordance with any of the following: (1) A special license issued pursuant to Section 1191.5 of the Labor Code. (2) A special certificate issued pursuant to Section 214 of Title 29 of the United States Code. (3) A community rehabilitation plan described in Sections 19152 and 19404 of the Welfare and Institutions Code. (4) A habilitation services program as described in Sections 19352 and 19356.6 of the Welfare and Institutions Code. (Amended by Stats. 2012, Ch. 665, Sec. 67. (SB 1308) Effective January 1, 2013.)
  86. 19135.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 4. Personal Services Contracts [19130 - 19135] ( Heading of Article 4 renumbered from Article 4.5 by Stats. 1985, Ch. 794, Sec. 21. )

    Verify source ↗

    If the board or its delegate disapproves a contract, the state agency must stop it right away unless the board orders 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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 4. Personal Services Contracts [19130 - 19135] ( Heading of Article 4 renumbered from Article 4.5 by Stats. 1985, Ch. 794, Sec. 21. ) ## 19135. (a) If a contract is disapproved by action of the board or its delegate, a state agency shall immediately discontinue that contract unless ordered otherwise by the board or its delegate. The state agency shall not circumvent or disregard the board’s action by entering into another contract for the same or similar services or to continue the services that were the subject of the contract disapproved by the board or its delegate. (b) A state agency ordered to discontinue a contract shall serve notice of the discontinuation of the contract to the vendor within 15 days from the board’s final action unless a different notice period is specified. A copy of the notice also shall be served on the board and the employee organization that filed the contract challenge. Failure to serve this notice may be grounds for rejection of future contracts for the same or similar services that were discontinued. (Added by Stats. 2011, Ch. 684, Sec. 2. (AB 740) Effective January 1, 2012.)
  87. 19140.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 5. Reinstatement [19140 - 19144] ( Article 5 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    An appointing power may reinstate certain separated employees, including CHP members, under 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 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 5. Reinstatement [19140 - 19144] ( Article 5 added by Stats. 1945, Ch. 123. ) ## 19140. (a) In addition to reinstatement required under any other section, an appointing power may, in his or her discretion, reinstate any person having probationary or permanent status who was separated from his or her position (1) by resignation, (2) by service retirement, (3) by termination from limited-term, temporary, career executive assignment, or exempt appointment, (4) under Section 19996.2, or (5) without a break in continuity of state service to accept another civil service or exempt appointment. In addition, an employee who was separated from his or her position under Section 19585 shall have permissive reinstatement eligibility to that position when he or she again meets the requirements for continuing employment in that position, and shall have permissive reinstatement eligibility for any other position as provided by this section. (b) Reinstatement shall be undertaken subject to rule. (c) Reinstatement shall be undertaken within three years if the employee, at the time of separation, was a member of the California Highway Patrol. (d) For reinstatement after separation, for members of the California Highway Patrol, the time spent in any of the following positions shall not be considered in computing the three-year period: (1) In a position which is exempt from civil service. (2) As a temporary employee in another governmental agency engaged in a technical cooperation program under an agreement approved by the state. (3) In a recognized military service. (e) A member of the California Highway Patrol separated from state service may be reinstated to an otherwise appropriate nonmember class even if the separation exceeds three years. (f) Reinstatement shall be made to any of the following vacant positions: (1) The class vacated or from which separated. (2) A lower class in the same series. (3) Another class to which the employee could transfer or demote pursuant to rule. An employee, including a member of the California Highway Patrol, separated from his or her former position in state service by layoff, or by resignation or demotion in lieu of layoff, may be reinstated at the discretion of the appointing power. However, the reinstatement is subject to the requirements of this section and shall not be to a position that is specifically subject to the employee’s reemployment list eligibility. (Amended by Stats. 2013, Ch. 427, Sec. 59. (AB 1062) Effective January 1, 2014.)
  88. 19140.5.

    ## 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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 5. Reinstatement [19140 - 19144] ( Article 5 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    Certain permanent or previously permanent state employees may be reinstated to their former position if the listed conditions 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 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 5. Reinstatement [19140 - 19144] ( Article 5 added by Stats. 1945, Ch. 123. ) ## 19140.5. This section applies only to a permanent employee, or an employee who previously had permanent status and who, since receiving permanent status, has had no break in the continuity of state service due to a permanent separation. An employee who is (a) terminated from a temporary or limited-term appointment by either the employee or the appointing power; or (b) rejected during probation; or (c) demoted from a managerial position pursuant to Section 19590; shall be reinstated to his or her former position provided all of the following conditions occur: (1) The employee accepted the appointment without a break in the continuity of state service. (2) The reinstatement is requested in the manner provided by rule within 10 working days after the effective date of the termination. (Amended by Stats. 2013, Ch. 427, Sec. 60. (AB 1062) Effective January 1, 2014.)
  89. 19141.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 5. Reinstatement [19140 - 19144] ( Article 5 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    Certain exempt-position employees with prior permanent civil service status can be reinstated to their former position if they meet 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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 5. Reinstatement [19140 - 19144] ( Article 5 added by Stats. 1945, Ch. 123. ) ## 19141. (a) This section applies only to an employee in an exempt position who previously had permanent status in the civil service. As used in this section, “former position” is defined as in Section 18522, or, if the appointing power to which reinstatement is to be made and the employee agree, a vacant position in any department, commission, or state agency for which he or she is qualified and which is at substantially the same level as the employee’s former position. (b) An employee who vacates a civil service position to accept an appointment to an exempt position shall be reinstated to his or her former position at the termination of the exempt appointment, provided both of the following conditions are met: (1) He or she accepted the appointment without a break in the continuity of state service. (2) Within 10 working days after the effective date of the termination, he or she makes a written request to the appointing power to be reinstated to his or her former position. If an employee accepts an appointment to an exempt position and seeks reinstatement to his or her former position more than 10 working days after the effective date of the termination of the exempt appointment, Section 19140 shall apply. (c) An employee who vacates his or her civil service position to accept an assignment as a member, inmate, or patient helper under subdivision (j) of Section 4 of Article VII of the California Constitution shall not have a right to mandatory reinstatement. (d) If an employee in an exempt appointment accepts an extension of the exempt appointment or accepts a new exempt appointment with no break in the continuity of state service in an exempt appointment, subdivision (b) shall apply when the extension or new exempt appointment is terminated. (e) If an employee exercises his or her right of reinstatement and returns to his or her former position, the service while under an exempt appointment shall be deemed to be time served in the former position for the purpose of determining his or her seniority and eligibility for merit salary increases. (f) If the termination of an exempt appointment is for a reason contained in Section 19997 and the employee does not have a right to mandatory reinstatement, he or she shall have his or her name placed on the departmental and general reemployment lists for the class of his or her former position. (Amended by Stats. 2016, Ch. 35, Sec. 6. (SB 848) Effective June 27, 2016.)
  90. 19141.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 5. Reinstatement [19140 - 19144] ( Article 5 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    This section applies only to certain exempt-position employees with reinstatement rights, and lets eligible employees request deferred examination eligibility within four years after their exempt appointment ends.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 5. Reinstatement [19140 - 19144] ( Article 5 added by Stats. 1945, Ch. 123. ) ## 19141.1. (a) This section only applies to employees in an exempt position who have reinstatement rights to their former positions under Section 19141. (b) Within four years of the termination of an appointment in an exempt position, an employee who has completed a minimum of five years of state service experience shall be given an opportunity upon request to obtain civil service appointment list eligibility by taking a deferred examination for any class that has a current eligible list and for which the employee meets the minimum qualifications of the class. (Amended by Stats. 2016, Ch. 35, Sec. 7. (SB 848) Effective June 27, 2016.)
  91. 19142.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 5. Reinstatement [19140 - 19144] ( Article 5 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    Civil service positions are subject to another person’s reinstatement rights, and reinstatement can limit notice and seniority counting 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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 5. Reinstatement [19140 - 19144] ( Article 5 added by Stats. 1945, Ch. 123. ) ## 19142. (a) Every person accepts and holds a position in the state civil service subject to mandatory reinstatement of another person. (b) Upon reinstatement of a person any necessary separations are effected under the provisions of Section 19997.3 governing layoff and demotion except that (1) an employee who is not to be separated from state service need not receive advance notification as provided in Section 19997.13, and (2) seniority may not be counted as provided in Section 19997.3 when this would result in the layoff of the person who has the reinstatement right. Under that circumstance, qualifying service in classes at substantially the same or higher salary level is the only state service that may be counted for purposes of determining who is to be separated. (Amended by Stats. 2003, Ch. 62, Sec. 122. Effective January 1, 2004.)
  92. 19143.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 5. Reinstatement [19140 - 19144] ( Article 5 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    When a temporary separation ends, the employee must be reinstated to the former position, unless an exception or another reinstatement right applies.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 5. Reinstatement [19140 - 19144] ( Article 5 added by Stats. 1945, Ch. 123. ) ## 19143. At the termination of any temporary separation, except termination of a permanent or probationary employee by layoff and termination by displacement, as defined in regulation, the employee shall be reinstated to his or her former position, as defined in Section 18522, unless some other reinstatement right is specified for the particular temporary separation in the Civil Service Act or regulation. (Amended by Stats. 2013, Ch. 427, Sec. 62. (AB 1062) Effective January 1, 2014.)
  93. 19144.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 5. Reinstatement [19140 - 19144] ( Article 5 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    A person who retired from state civil service may be temporarily employed in a civil service position, if the stated section-based conditions 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 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 5. Reinstatement [19140 - 19144] ( Article 5 added by Stats. 1945, Ch. 123. ) ## 19144. Subject to Sections 21223 and 21224, a person who has retired from state civil service may be employed temporarily in a civil service position at any time following retirement, provided that the position is either: (a) In the class in which the person had permanent or probationary status or a career executive assignment appointment at the time of retirement. (b) In another class to which the person could have been permanently transferred, reinstated, or demoted at the time of retirement. (Amended by Stats. 1999, Ch. 310, Sec. 10. Effective January 1, 2000.)
  94. 19170.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 6. Probationary Period [19170 - 19180] ( Article 6 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    The board must set each class’s probationary period at six months, unless it sets a longer period of up to one year.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 6. Probationary Period [19170 - 19180] ( Article 6 added by Stats. 1945, Ch. 123. ) ## 19170. (a) The board shall establish the length of the probationary period for each class to be six months, unless the board establishes a longer period of not more than one year. The probationary period commences on the first day the employee reports to work or begins performing the job duties. (b) By rule, the board may: (1) Increase the length of individual probationary periods by adding periods of time to any periods of time an employee, while serving as a probationer, is absent from the employee’s position. (2) Require an additional probationary period not to exceed the length of the probationary period of the class in which the probationer was appointed when the probationary employee returns after an extended period of absence and the remainder of the probationary period is insufficient to evaluate the probationary employee’s current performance. (c) Upon written agreement between an appointing power and an employee who alleges they have a disability, as defined in Section 12926, subject to approval of the agreement by the board, the employee’s probationary period may be extended for a period, not to exceed six months, to allow the appointing power to provide a reasonable accommodation to the employee and the employee to demonstrate, before the probationary period ends, the ability to perform satisfactorily the essential functions of the position with reasonable accommodation. Nothing in this subdivision may relieve an appointing power from complying with applicable law requiring reasonable accommodation or prohibiting discrimination based on disability, and no employee, as a condition of an agreement to extend the probationary period, may be required to waive or release any rights they may have under applicable law requiring reasonable accommodation or prohibiting discrimination based on disability. (Amended by Stats. 2023, Ch. 74, Sec. 1. (SB 510) Effective January 1, 2024.)
  95. 19171.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 6. Probationary Period [19170 - 19180] ( Article 6 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    A probationary period is required in certain state civil service appointment situations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 6. Probationary Period [19170 - 19180] ( Article 6 added by Stats. 1945, Ch. 123. ) ## 19171. The service of a probationary period is required under the following circumstances: (a) when an employee enters or is promoted in the state civil service by permanent appointment from an employment list, (b) upon reinstatement after a break in continuity of service resulting from a permanent separation, or (c) after any other type of appointment situation not specifically excepted from the probationary period requirement by statute or by board rule. (Repealed and added by Stats. 1969, Ch. 809.)
  96. 19172.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 6. Probationary Period [19170 - 19180] ( Article 6 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    During the probationary period, the appointing power must evaluate a probationer’s work and efficiency.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 6. Probationary Period [19170 - 19180] ( Article 6 added by Stats. 1945, Ch. 123. ) ## 19172. During the probationary period the appointing power shall evaluate the work and efficiency of a probationer in the manner and at such periods as the department rules may require. (Amended by Stats. 2012, Ch. 360, Sec. 48. (SB 1309) Effective January 1, 2013.)
  97. 19173.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 6. Probationary Period [19170 - 19180] ( Article 6 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    An appointing power may reject a probationer during the probationary period, but not for prohibited discrimination, and the rejection must be served and documented by written notice.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 6. Probationary Period [19170 - 19180] ( Article 6 added by Stats. 1945, Ch. 123. ) ## 19173. (a) Any probationer may be rejected by the appointing power during the probationary period for reasons relating to the probationer’s qualifications, the good of the service, or failure to demonstrate merit, efficiency, fitness, and moral responsibility, but he or she shall not be rejected for any cause constituting prohibited discrimination as set forth in Sections 19700 to 19703, inclusive. (b) A rejection during probationary period is effected by the service upon the probationer of a written notice of rejection which shall include: (A) an effective date for the rejection that shall not be later than the last day of the probationary period; and (B) a statement of the reasons for the rejection. Service of the notice shall be made prior to the effective date of the rejection, as defined by board rule for service of notices of adverse actions. Notice of rejection shall be served prior to the conclusion of the prescribed probationary period. The probationary period may be extended when necessary to provide the full notice period required by board rule. Within 15 days after the effective date of the rejection, a copy thereof shall be filed with the board. (Amended by Stats. 2011, Ch. 60, Sec. 1. (SB 318) Effective January 1, 2012.)
  98. 19175.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 6. Probationary Period [19170 - 19180] ( Article 6 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    A rejected probationer may ask the board in writing to review the rejection within 15 calendar days; the board may investigate and then affirm, modify, or in some cases restore the probationer.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 6. Probationary Period [19170 - 19180] ( Article 6 added by Stats. 1945, Ch. 123. ) ## 19175. The board at the written request of a rejected probationer, filed within 15 calendar days of the effective date of rejection, may investigate with or without a hearing the reasons for rejection. After investigation, the board may do any of the following: (a) Affirm the action of the appointing power. (b) Modify the action of the appointing power. (c) Restore the name of the rejected probationer to the employment list for certification to any position within the class; provided, that his or her name shall not be certified to the agency by which he or she was rejected, except with the concurrence of the appointing power of that agency. (d) Restore him or her to the position from which he or she was rejected, but this shall be done only if the board determines, after a hearing, that there is no substantial evidence to support the reason or reasons for rejection, or that the rejection was made in fraud or bad faith. At the hearing, the rejected probationer shall have the burden of proof. Subject to rebuttal by the rejected probationer, it shall be presumed that the rejection was free from fraud and bad faith and that the statement of reasons therefor in the notice of rejection is true. (Amended by Stats. 2011, Ch. 60, Sec. 2. (SB 318) Effective January 1, 2012.)
  99. 19175.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 6. Probationary Period [19170 - 19180] ( Article 6 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    The board may restore a rejected probationer’s name to the employment list if the probationer asks in writing, the rejection was for medical reasons only, the list still exists, and the board finds the person meets required medical standards.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 6. Probationary Period [19170 - 19180] ( Article 6 added by Stats. 1945, Ch. 123. ) ## 19175.1. The board, upon the written request of a probationer who has been rejected for medical reasons only, may restore the name of the rejected probationer to the employment list from which his name originally was certified if the list is still in existence and the board determines after medical examination that he meets the required medical standards. (Added by Stats. 1957, Ch. 516.)
  100. 19175.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 6. Probationary Period [19170 - 19180] ( Article 6 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    The board must restore a rejected probationer’s name to the re-employment list on written request, and the name cannot be certified again to the same agency unless the appointing power consents.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 6. Probationary Period [19170 - 19180] ( Article 6 added by Stats. 1945, Ch. 123. ) ## 19175.2. The board, upon the written request of a probationer who has been rejected after appointment from a general re-employment list, shall restore the name of the rejected probationer to the re-employment list from which his name was originally certified. His name shall not again be certified to the agency by which he was rejected except with the consent of the appointing power. (Added by Stats. 1961, Ch. 382.)
  101. 19175.5.

    ## 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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 6. Probationary Period [19170 - 19180] ( Article 6 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    An appointing power may cancel or withdraw a notice of rejection of a probationer, but only subject to board rule.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 6. Probationary Period [19170 - 19180] ( Article 6 added by Stats. 1945, Ch. 123. ) ## 19175.5. Subject to board rule an appointing power may cancel or withdraw a notice of rejection of a probationer. (Added by Stats. 1949, Ch. 575.)
  102. 19180.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 6. Probationary Period [19170 - 19180] ( Article 6 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    If the board restores a rejected probationer, it must direct payment of salary for the time the rejection was improperly in effect. Salary may not be paid for any part of a rejection period when the employee was not ready, able, and willing to 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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 6. Probationary Period [19170 - 19180] ( Article 6 added by Stats. 1945, Ch. 123. ) ## 19180. If the board restores a rejected probationer to his or her position it shall direct the payment of salary to the employee for such period of time as the rejection was improperly in effect. Salary shall not be authorized or paid for any portion of a period of rejection that the employee was not ready, able, and willing to perform the duties of his or her position, whether such rejection is valid or not. There shall be deducted from any amount approved under this section any compensation the employee earned or might reasonably have earned in private or public employment during the period the rejection was improperly in effect. (Amended by Stats. 2012, Ch. 360, Sec. 49. (SB 1309) Effective January 1, 2013.)
  103. 19200.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 7. Duration Appointments [19200- 19200.] ( Article 7 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    The department may authorize duration examinations and duration employments during war or a national defense emergency. Those duration employments must end between three months and one year after the department finds the emergency is over.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 7. Duration Appointments [19200- 19200.] ( Article 7 added by Stats. 1945, Ch. 123. ) ## 19200. Whenever the United States is engaged in war or whenever the department finds that an emergency exists in connection with the national defense, the department may authorize duration examinations and employments in those classes in which the best interests of the state would be served during such war or emergency. Within not less than three months, or more than one year, after the department finds that there is no longer an emergency, all duration employments shall be terminated in such order as the department deems appropriate. (Amended by Stats. 2013, Ch. 427, Sec. 64. (AB 1062) Effective January 1, 2014.)
  104. 19230.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 9. Hiring of Disabled Persons [19230 - 19238] ( Article 9 added by Stats. 1977, Ch. 1196. )

    Verify source ↗

    California state agencies and certain departments must provide reasonable accommodation for qualified individuals with disabilities, and a department may not deny employment because accommodation is needed.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 9. Hiring of Disabled Persons [19230 - 19238] ( Article 9 added by Stats. 1977, Ch. 1196. ) ## 19230. The Legislature hereby declares that: (a) It is the policy of this state to encourage and enable individuals with a disability to participate fully in the social and economic life of the state and to engage in remunerative employment. (b) It is the policy of this state that qualified individuals with a disability shall be employed in the state service, the service of the political subdivisions of the state, in public schools, and in all other employment supported in whole or in part by public funds on the same terms and conditions as the nondisabled, consistent with applicable state or federal law. (c) It is the policy of this state that a department, agency, or commission shall make reasonable accommodation to the known physical or mental limitations of an otherwise qualified applicant or employee who is an individual with a disability, unless the hiring authority can demonstrate that the accommodation would impose an undue hardship on the operation of its program. Each state agency is responsible for developing its own reasonable accommodation policy, consistent with state and federal law, to address requests for reasonable accommodations. A department shall not deny any employment opportunity to a qualified applicant or employee who is an individual with a disability if the basis for the denial is the need to make reasonable accommodation to the physical or mental limitations of the applicant or employee. (Amended by Stats. 2021, Ch. 515, Sec. 2. (AB 313) Effective January 1, 2022.)
  105. 19231.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 9. Hiring of Disabled Persons [19230 - 19238] ( Article 9 added by Stats. 1977, Ch. 1196. )

    Verify source ↗

    This article defines “individual with a disability” as a person with a physical or mental disability defined in Section 12926.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 9. Hiring of Disabled Persons [19230 - 19238] ( Article 9 added by Stats. 1977, Ch. 1196. ) ## 19231. As used in this article, “individual with a disability” means any individual who has a physical or mental disability as defined in Section 12926. (Amended by Stats. 2000, Ch. 1049, Sec. 9. Effective January 1, 2001.)
  106. 19232.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 9. Hiring of Disabled Persons [19230 - 19238] ( Article 9 added by Stats. 1977, Ch. 1196. )

    Verify source ↗

    Each state agency must create and carry out an affirmative action plan for disabled individuals and submit annual goals and timetables to the 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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 9. Hiring of Disabled Persons [19230 - 19238] ( Article 9 added by Stats. 1977, Ch. 1196. ) ## 19232. Each state agency shall be responsible for establishing an effective affirmative action program to ensure individuals with a disability, who are capable of remunerative employment, access to positions in state service on an equal and competitive basis with the general population. Each state agency shall develop and implement an affirmative action employment plan for individuals with a disability, which shall include goals and timetables. These goals and timetables shall be set annually for disabilities identified pursuant to guidelines established by the department, and shall be submitted to the department no later than June 1 of each year beginning in 1978, for review and approval or modification. Goals and timetables shall be made available to the public upon request. (Amended by Stats. 2018, Ch. 405, Sec. 3. (SB 846) Effective September 14, 2018.)
  107. 19233.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 9. Hiring of Disabled Persons [19230 - 19238] ( Article 9 added by Stats. 1977, Ch. 1196. )

    Verify source ↗

    The department must carry out disability hiring and workforce-planning tasks for 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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 9. Hiring of Disabled Persons [19230 - 19238] ( Article 9 added by Stats. 1977, Ch. 1196. ) ## 19233. The department shall be responsible for the following: (a) Outline specific actions to improve the representation of individuals with a disability in the state workforce and to ensure equal and fair employment practices for employees who are individuals with a disability. (b) Survey the number of individuals with a disability in each department by at least job category and salary range for the purpose of developing goals and timetables pursuant to Section 19232 and compare those numbers with the number of individuals with a disability in the workforce. (c) Establish guidelines for state agencies and departments to set goals and timetables to improve the representation of individuals with a disability in the state workforce. Goals and timetables shall be set by at least job category. (d) (1) By December 31 of each year, review plans submitted by state agencies pursuant to Section 19232 and approve the plan or require appropriate modifications as necessary to set forth goals that will result in a significant increase in hiring of persons with disabilities and effective strategies to achieve those goals. (2) Identify agencies and departments that have consistently failed to make progress in increasing their representation of persons with disabilities and work with those agencies or departments to develop, within 180 days, action plans addressing the deficiencies. (Amended by Stats. 2021, Ch. 515, Sec. 3. (AB 313) Effective January 1, 2022.)
  108. 19234.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 9. Hiring of Disabled Persons [19230 - 19238] ( Article 9 added by Stats. 1977, Ch. 1196. )

    Verify source ↗

    Each state agency must review its hiring activities every year and fix any disability-related underrepresentation found.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 9. Hiring of Disabled Persons [19230 - 19238] ( Article 9 added by Stats. 1977, Ch. 1196. ) ## 19234. Each state agency shall annually review its hiring activities designed to achieve the employment objectives established pursuant to subdivision (c) of Section 19233 to determine if any category of individuals with a disability have been disproportionately excluded on a non-job-related basis from employment. If any category has been so excluded, the agency shall correct that underrepresentation. (Amended by Stats. 1992, Ch. 913, Sec. 31. Effective January 1, 1993.)
  109. 19236.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 9. Hiring of Disabled Persons [19230 - 19238] ( Article 9 added by Stats. 1977, Ch. 1196. )

    Verify source ↗

    The department must provide technical assistance, statewide advocacy, coordination, and monitoring of plans to address underrepresentation determined under Section 19234.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 9. Hiring of Disabled Persons [19230 - 19238] ( Article 9 added by Stats. 1977, Ch. 1196. ) ## 19236. The department shall provide technical assistance, statewide advocacy, coordination, and monitoring of plans to overcome any underrepresentation determined pursuant to Section 19234. (Amended by Stats. 2018, Ch. 405, Sec. 4. (SB 846) Effective September 14, 2018.)
  110. 19237.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 9. Hiring of Disabled Persons [19230 - 19238] ( Article 9 added by Stats. 1977, Ch. 1196. )

    Verify source ↗

    The department must file an annual report by November 15 to the Governor and Legislature about the disability employment program in state government.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 9. Hiring of Disabled Persons [19230 - 19238] ( Article 9 added by Stats. 1977, Ch. 1196. ) ## 19237. On or before November 15 of each year, the department shall report to the Governor and the Legislature on the current activity, future plans, and past accomplishments of the overall employment program for individuals with a disability in state government, including an evaluation of the achievement of annual employment objectives and reasonable accommodation policies and practices. (Amended by Stats. 2018, Ch. 405, Sec. 5. (SB 846) Effective September 14, 2018.)
  111. 19238.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 9. Hiring of Disabled Persons [19230 - 19238] ( Article 9 added by Stats. 1977, Ch. 1196. )

    Verify source ↗

    The department must report to the Legislature by December 31, 2025, and must consult specified organizations when preparing future recommendations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5. Appointments [19050 - 19238] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18. ) ## ARTICLE 9. Hiring of Disabled Persons [19230 - 19238] ( Article 9 added by Stats. 1977, Ch. 1196. ) ## 19238. (a) By December 31, 2025, the department, shall report to the Legislature on all of the following: (1) The number of persons with disabilities hired by each appointing power during the three-year period ending June 30, 2025, and a comparison to the hiring of persons with disabilities in the three-year period ending June 30, 2022. (2) The names of departments or agencies required to submit corrected affirmative action plans pursuant to subdivision (d) of Section 19233 and a summary of these plans and an analysis of their effectiveness. (3) A description of recommendations from the Governor’s Diversity Task Force related to employment of persons with disabilities that have been implemented. (4) Recommendations for future efforts to improve the hiring of persons with disabilities for all state agencies. In formulating recommendations for future action, the department shall consult with the Department of Rehabilitation, the State Council on Developmental Disabilities, and organizations representing persons with disabilities. (b) The report required to be submitted under subdivision (a) shall be submitted in compliance with Section 9795. (c) Information to be reported pursuant to subdivision (a) shall be submitted in conjunction with information reportable under Section 19237 and in an existing report. (d) This section shall remain in effect only until December 31, 2029, and as of that date is repealed. (Added by Stats. 2021, Ch. 515, Sec. 4. (AB 313) Effective January 1, 2022. Repealed as of December 31, 2029, by its own provisions.)
  112. 19240.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5.5. Limited Examination and Appointment Program [19240 - 19244] ( Chapter 5.5 added by Stats. 1988, Ch. 738, Sec. 2. ) ## ARTICLE 1. General [19240 - 19241] ( Article 1 added by Stats. 1988, Ch. 738, Sec. 2. )

    Verify source ↗

    The department must administer the Limited Examination and Appointment Program, consistent with board 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 5.5. Limited Examination and Appointment Program [19240 - 19244] ( Chapter 5.5 added by Stats. 1988, Ch. 738, Sec. 2. ) ## ARTICLE 1. General [19240 - 19241] ( Article 1 added by Stats. 1988, Ch. 738, Sec. 2. ) ## 19240. (a) The department, consistent with board rules, shall be responsible for the administration of the Limited Examination and Appointment Program. This program shall provide an alternative to the traditional civil service examination and appointment process to facilitate the hiring of persons with disabilities in the state civil service. (b) For purposes of this chapter, “disability” includes “mental disability” and “physical disability” as those terms are defined in Section 12926, as that section presently reads or as it subsequently may be amended. (c) Notwithstanding subdivision (b), if the definition of “disability” used in the federal Americans with Disabilities Act of 1990 (Public Law 101-336) would result in broader protection of the civil rights of individuals with a mental or physical disability, as defined in subdivision (b), then that broader protection shall be deemed incorporated by reference into, and shall prevail over conflicting provisions of, the definition in subdivision (b). The definition of “disability” contained in subdivision (b) shall not be deemed to refer to or include conditions excluded from the federal definition of “disability” pursuant to Section 511 of the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12211). (d) This section shall become operative on January 1, 2022. (Amended (as added by Stats. 2015, Ch. 356, Sec. 3) by Stats. 2020, Ch. 367, Sec. 2. (SB 1264) Effective January 1, 2021. Section operative January 1, 2022, by its own provisions.)
  113. 19241.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5.5. Limited Examination and Appointment Program [19240 - 19244] ( Chapter 5.5 added by Stats. 1988, Ch. 738, Sec. 2. ) ## ARTICLE 1. General [19240 - 19241] ( Article 1 added by Stats. 1988, Ch. 738, Sec. 2. )

    Verify source ↗

    The department is responsible for implementing this chapter, consistent with board 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 5.5. Limited Examination and Appointment Program [19240 - 19244] ( Chapter 5.5 added by Stats. 1988, Ch. 738, Sec. 2. ) ## ARTICLE 1. General [19240 - 19241] ( Article 1 added by Stats. 1988, Ch. 738, Sec. 2. ) ## 19241. (a) The department, consistent with board rules, shall be responsible for the implementation of this chapter, which may provide for the establishment of eligibility criteria for participation, special job classifications, examination techniques, and appointment and appeals procedures. (b) This section shall become operative on January 1, 2022. (Amended (as amended by Stats. 2016, Ch. 86, Sec. 161) by Stats. 2020, Ch. 367, Sec. 4. (SB 1264) Effective January 1, 2021. Section operative January 1, 2022, by its own provisions.)
  114. 19242.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5.5. Limited Examination and Appointment Program [19240 - 19244] ( Chapter 5.5 added by Stats. 1988, Ch. 738, Sec. 2. ) ## ARTICLE 2. Examinations and Appointments [19242 - 19243.4] ( Article 2 added by Stats. 1988, Ch. 738, Sec. 2. )

    Verify source ↗

    The department or its designee must run competitive exams for state employment and must let a person with a developmental disability choose a written exam, readiness evaluation, or internship to qualify for certain 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 5.5. Limited Examination and Appointment Program [19240 - 19244] ( Chapter 5.5 added by Stats. 1988, Ch. 738, Sec. 2. ) ## ARTICLE 2. Examinations and Appointments [19242 - 19243.4] ( Article 2 added by Stats. 1988, Ch. 738, Sec. 2. ) ## 19242. (a) The department or its designee shall conduct competitive examinations to determine the qualifications and readiness of persons with disabilities for state employment. The examinations may include an on-the-job-performance evaluation and any other selection techniques deemed appropriate. (b) (1) The department or its designee shall permit a person with a developmental disability to choose to complete a written examination or readiness evaluation, or to complete an internship, as described in this paragraph, in order to qualify for service in a position under the Limited Examination and Appointment Program. The use of an internship as a competitive examination of a person with a developmental disability shall consist of both of the following: (A) Successful completion of an internship with a state agency of at least 512 hours in duration. (B) Certification by the state agency that the employee has completed the internship and has demonstrated the skills, knowledge, and abilities necessary to successfully perform the requirements of the position. (2) A person with a developmental disability who successfully completes the examination or internship required by this subdivision is deemed to meet the minimum qualifications, as determined by the board, for the position in which the internship was performed. (c) Examination results may be ranked or unranked. (Amended (as amended by Stats. 2022, Ch. 573, Sec. 9) by Stats. 2023, Ch. 44, Sec. 9. (AB 121) Effective July 10, 2023.)
  115. 19242.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5.5. Limited Examination and Appointment Program [19240 - 19244] ( Chapter 5.5 added by Stats. 1988, Ch. 738, Sec. 2. ) ## ARTICLE 2. Examinations and Appointments [19242 - 19243.4] ( Article 2 added by Stats. 1988, Ch. 738, Sec. 2. )

    Verify source ↗

    An appointment to a position for the purpose of completing a job performance evaluation is called an examination 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 5.5. Limited Examination and Appointment Program [19240 - 19244] ( Chapter 5.5 added by Stats. 1988, Ch. 738, Sec. 2. ) ## ARTICLE 2. Examinations and Appointments [19242 - 19243.4] ( Article 2 added by Stats. 1988, Ch. 738, Sec. 2. ) ## 19242.1. An appointment to a position for the purpose of completing a job performance evaluation shall be known as an examination appointment. (Added by Stats. 1990, Ch. 478, Sec. 12.)
  116. 19242.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5.5. Limited Examination and Appointment Program [19240 - 19244] ( Chapter 5.5 added by Stats. 1988, Ch. 738, Sec. 2. ) ## ARTICLE 2. Examinations and Appointments [19242 - 19243.4] ( Article 2 added by Stats. 1988, Ch. 738, Sec. 2. )

    Verify source ↗

    The department or its designee must create a referral list for certain job appointments, and qualifying candidates are eligible for examination 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 5.5. Limited Examination and Appointment Program [19240 - 19244] ( Chapter 5.5 added by Stats. 1988, Ch. 738, Sec. 2. ) ## ARTICLE 2. Examinations and Appointments [19242 - 19243.4] ( Article 2 added by Stats. 1988, Ch. 738, Sec. 2. ) ## 19242.2. The department or its designee shall create a referral list containing the names of persons with disabilities who meet eligibility criteria for participation and the minimum qualifications of the job classification and any other requirements deemed appropriate by the board to be used by appointing powers for examination appointments. Such a referral list shall be combined with other employment lists for the same classification using the procedure described in subdivision (a) of Section 19057.1, unless the appointing power requests use of the alternative procedure set forth in subdivision (b) of that section. Notwithstanding any other law, if the eligibility list is obtained pursuant to subdivision (b) of Section 19057.1, the list of candidates provided to the hiring manager may identify those who are qualified through the Limited Examination and Appointment Program. Notwithstanding any other law, and to provide for appropriate job-person placement, all candidates meeting referral requirements shall be eligible for examination appointment. (Amended by Stats. 2022, Ch. 892, Sec. 3. (AB 1195) Effective January 1, 2023.)
  117. 19242.4.

    ## 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 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 5.5. Limited Examination and Appointment Program [19240 - 19244] ( Chapter 5.5 added by Stats. 1988, Ch. 738, Sec. 2. ) ## ARTICLE 2. Examinations and Appointments [19242 - 19243.4] ( Article 2 added by Stats. 1988, Ch. 738, Sec. 2. )

    Verify source ↗

    Examination appointments under the Limited Examination and Appointment Program must be temporary and provisional.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5.5. Limited Examination and Appointment Program [19240 - 19244] ( Chapter 5.5 added by Stats. 1988, Ch. 738, Sec. 2. ) ## ARTICLE 2. Examinations and Appointments [19242 - 19243.4] ( Article 2 added by Stats. 1988, Ch. 738, Sec. 2. ) ## 19242.4. All examination appointments to positions under the Limited Examination and Appointment Program shall be made on a temporary and provisional basis to allow candidates to demonstrate their ability to perform the duties of the position. The term of the appointment shall be known as the job examination period and its duration shall be determined by board rule. (Added by Stats. 1988, Ch. 738, Sec. 2.)
  118. 19242.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5.5. Limited Examination and Appointment Program [19240 - 19244] ( Chapter 5.5 added by Stats. 1988, Ch. 738, Sec. 2. ) ## ARTICLE 2. Examinations and Appointments [19242 - 19243.4] ( Article 2 added by Stats. 1988, Ch. 738, Sec. 2. )

    Verify source ↗

    Candidates in the Limited Examination and Appointment Program do not get permanent civil service status, but they must receive the same salary and benefits as temporary state 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 5.5. Limited Examination and Appointment Program [19240 - 19244] ( Chapter 5.5 added by Stats. 1988, Ch. 738, Sec. 2. ) ## ARTICLE 2. Examinations and Appointments [19242 - 19243.4] ( Article 2 added by Stats. 1988, Ch. 738, Sec. 2. ) ## 19242.6. Candidates serving in positions under the Limited Examination and Appointment Program shall not acquire permanent civil service status but shall receive the same salary and benefits to which other state employees in temporary positions are entitled. (Added by Stats. 1988, Ch. 738, Sec. 2.)
  119. 19242.8.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5.5. Limited Examination and Appointment Program [19240 - 19244] ( Chapter 5.5 added by Stats. 1988, Ch. 738, Sec. 2. ) ## ARTICLE 2. Examinations and Appointments [19242 - 19243.4] ( Article 2 added by Stats. 1988, Ch. 738, Sec. 2. )

    Verify source ↗

    The department or its designee must develop job-fitness evaluation standards, and the appointing power must prepare written performance evaluations during the job examination period.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5.5. Limited Examination and Appointment Program [19240 - 19244] ( Chapter 5.5 added by Stats. 1988, Ch. 738, Sec. 2. ) ## ARTICLE 2. Examinations and Appointments [19242 - 19243.4] ( Article 2 added by Stats. 1988, Ch. 738, Sec. 2. ) ## 19242.8. The department or its designee shall develop evaluation standards which are appropriate tests of fitness for the job classification. During the job examination period, the appointing power shall prepare written evaluations of the candidate’s performance. The final evaluation shall contain a recommendation as to whether or not to appoint the candidate to an appropriate position where civil service status may accumulate. (Amended by Stats. 2012, Ch. 360, Sec. 58. (SB 1309) Effective January 1, 2013.)
  120. 19242.9.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5.5. Limited Examination and Appointment Program [19240 - 19244] ( Chapter 5.5 added by Stats. 1988, Ch. 738, Sec. 2. ) ## ARTICLE 2. Examinations and Appointments [19242 - 19243.4] ( Article 2 added by Stats. 1988, Ch. 738, Sec. 2. )

    Verify source ↗

    If the appointing power does not terminate a candidate’s appointment within 30 days after the job examination period ends, the candidate is presumed to have qualified in the examination.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5.5. Limited Examination and Appointment Program [19240 - 19244] ( Chapter 5.5 added by Stats. 1988, Ch. 738, Sec. 2. ) ## ARTICLE 2. Examinations and Appointments [19242 - 19243.4] ( Article 2 added by Stats. 1988, Ch. 738, Sec. 2. ) ## 19242.9. Upon failure of the appointing power to terminate the appointment of the candidate within 30 days following the end of the job examination period, it shall be presumed that the candidate has qualified in the examination. (Added by Stats. 1988, Ch. 738, Sec. 2.)
  121. 19243.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5.5. Limited Examination and Appointment Program [19240 - 19244] ( Chapter 5.5 added by Stats. 1988, Ch. 738, Sec. 2. ) ## ARTICLE 2. Examinations and Appointments [19242 - 19243.4] ( Article 2 added by Stats. 1988, Ch. 738, Sec. 2. )

    Verify source ↗

    After a candidate completes the job examination period, the appointing power must appoint the candidate without further examination, and the candidate does not have to serve a probationary period.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5.5. Limited Examination and Appointment Program [19240 - 19244] ( Chapter 5.5 added by Stats. 1988, Ch. 738, Sec. 2. ) ## ARTICLE 2. Examinations and Appointments [19242 - 19243.4] ( Article 2 added by Stats. 1988, Ch. 738, Sec. 2. ) ## 19243. Upon successful completion of the job examination period, the candidate shall have qualified in the examination. The appointing power shall appoint the candidate, without further examination, to an appropriate position where permanent status may accumulate. A candidate appointed in this way is not required to serve a probationary period. (Amended by Stats. 2018, Ch. 53, Sec. 29. (SB 866) Effective June 27, 2018.)
  122. 19243.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5.5. Limited Examination and Appointment Program [19240 - 19244] ( Chapter 5.5 added by Stats. 1988, Ch. 738, Sec. 2. ) ## ARTICLE 2. Examinations and Appointments [19242 - 19243.4] ( Article 2 added by Stats. 1988, Ch. 738, Sec. 2. )

    Verify source ↗

    The appointing power may shorten or extend the job examination period if the department approves.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5.5. Limited Examination and Appointment Program [19240 - 19244] ( Chapter 5.5 added by Stats. 1988, Ch. 738, Sec. 2. ) ## ARTICLE 2. Examinations and Appointments [19242 - 19243.4] ( Article 2 added by Stats. 1988, Ch. 738, Sec. 2. ) ## 19243.2. With the approval of the department, the appointing power may shorten or extend the duration of the job examination period. (Amended by Stats. 2012, Ch. 360, Sec. 60. (SB 1309) Effective January 1, 2013.)
  123. 19243.4.

    ## 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 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 5.5. Limited Examination and Appointment Program [19240 - 19244] ( Chapter 5.5 added by Stats. 1988, Ch. 738, Sec. 2. ) ## ARTICLE 2. Examinations and Appointments [19242 - 19243.4] ( Article 2 added by Stats. 1988, Ch. 738, Sec. 2. )

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    If a candidate does not successfully complete the job examination period, the appointing power may end the candidate’s appointment under board rule.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5.5. Limited Examination and Appointment Program [19240 - 19244] ( Chapter 5.5 added by Stats. 1988, Ch. 738, Sec. 2. ) ## ARTICLE 2. Examinations and Appointments [19242 - 19243.4] ( Article 2 added by Stats. 1988, Ch. 738, Sec. 2. ) ## 19243.4. Upon unsuccessful completion of the job examination period, the appointing power may terminate the appointment of the candidate in accordance with board rule. (Added by Stats. 1988, Ch. 738, Sec. 2.)
  124. 19244.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5.5. Limited Examination and Appointment Program [19240 - 19244] ( Chapter 5.5 added by Stats. 1988, Ch. 738, Sec. 2. ) ## ARTICLE 3. Appeals [19244- 19244.] ( Article 3 added by Stats. 1988, Ch. 738, Sec. 2. )

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    Applicants and candidates in the Limited Examination and Appointment Program may appeal certain listed decisions under board rule.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 5.5. Limited Examination and Appointment Program [19240 - 19244] ( Chapter 5.5 added by Stats. 1988, Ch. 738, Sec. 2. ) ## ARTICLE 3. Appeals [19244- 19244.] ( Article 3 added by Stats. 1988, Ch. 738, Sec. 2. ) ## 19244. Applicants for and candidates in the Limited Examination and Appointment Program examination process may appeal in accordance with board rule any of the following actions: (a) A refusal to certify eligibility to participate in the program. (b) A rejection of an application to participate in an examination. (c) A disqualification by an interview panel or by any other selection method used. (d) A denial of a request for reasonable accommodation during the job examination period. (e) A termination of an appointment of a candidate during a job examination period. (Amended by Stats. 1990, Ch. 478, Sec. 14.)
  125. 19251.5.

    ## 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 6. Service [19251.5 - 19406] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1985, Ch. 794, Sec. 24. ) ## ARTICLE 1. General [19251.5 - 19261] ( Article 1 added by Stats. 1945, Ch. 123. )

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    State employees, University of California employees, and California State University employees have a right to communicate with Members and employees of the Legislature.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 6. Service [19251.5 - 19406] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1985, Ch. 794, Sec. 24. ) ## ARTICLE 1. General [19251.5 - 19261] ( Article 1 added by Stats. 1945, Ch. 123. ) ## 19251.5. All state employees and employees of the University of California and the California State University shall have the right to communicate with Members and employees of the Legislature. A state employee, employee of the University of California, or employee of the California State University may raise as a defense, at an adverse action hearing, the right to communicate with Members and employees of the Legislature as provided for in this section whenever he or she believes that the basis for that adverse action is retaliation for that communication. (Amended by Stats. 1990, Ch. 478, Sec. 15.)
  126. 19253.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 6. Service [19251.5 - 19406] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1985, Ch. 794, Sec. 24. ) ## ARTICLE 1. General [19251.5 - 19261] ( Article 1 added by Stats. 1945, Ch. 123. )

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    An appointing power may request an employee’s voluntary demotion to a vacant position, but only with the employee’s concurrence or request and subject to department approval. The department may also examine the employee if the new class requires qualifications not covered by the prior examination.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 6. Service [19251.5 - 19406] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1985, Ch. 794, Sec. 24. ) ## ARTICLE 1. General [19251.5 - 19261] ( Article 1 added by Stats. 1945, Ch. 123. ) ## 19253. Subject to approval by the department, an appointing power with the concurrence or at the request of an employee may request the voluntary demotion of such employee to a vacant position. If the class to which the demotion is proposed requires qualifications, knowledges, or abilities not measured by the examination for the class from which demotion is proposed, the department may examine the employee for the possession of those additional qualifications, knowledges, and abilities. (Amended by Stats. 2013, Ch. 427, Sec. 65. (AB 1062) Effective January 1, 2014.)
  127. 19253.5.

    ## 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 6. Service [19251.5 - 19406] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1985, Ch. 794, Sec. 24. ) ## ARTICLE 1. General [19251.5 - 19261] ( Article 1 added by Stats. 1945, Ch. 123. )

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    An appointing power may require a medical exam and, in some cases, demote, transfer, terminate, or place an employee on involuntary leave; the employee gets notice and can appeal, and disability-retirement filing rules 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 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 6. Service [19251.5 - 19406] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1985, Ch. 794, Sec. 24. ) ## ARTICLE 1. General [19251.5 - 19261] ( Article 1 added by Stats. 1945, Ch. 123. ) ## 19253.5. (a) An appointing power may require an employee to submit to a medical examination by a physician or physicians designated by the appointing power to evaluate the capacity of the employee to perform the work of his or her position. (b) Fees for the examination and for the services of medical specialists or technicians, if necessary, shall be paid by the state agency. The employee may submit medical or other evidence to the examining physician or to the appointing power. The examining physician shall make a written report of the examination to the appointing power. The appointing power shall provide a copy to the physician designated by the employee. (c) When the appointing power, after considering the conclusions of the medical examination and other pertinent information, concludes that the employee is unable to perform the work of his or her present position, but is able to perform the work of another position including one of less than full time, the appointing power may demote or transfer the employee to such a position. Except as authorized by the Department of Human Resources under Section 19837, the employee demoted or transferred pursuant to this section shall receive the maximum of the salary range of the class to which he or she is demoted or transferred, provided that the salary is not greater than the salary he or she received at the time of his or her demotion or transfer. (d) When the appointing power after considering the conclusions of the medical examination provided for by this section or medical reports from the employee’s physician, and other pertinent information, concludes that the employee is unable to perform the work of his or her present position, or any other position in the agency, and the employee is not eligible or waives the right to retire for disability and elects to withdraw his or her retirement contributions or to permit his or her contributions to remain in the retirement fund with rights to service retirement, the appointing power may terminate the appointment of the employee. (e) The appointing power may demote, transfer, or terminate an employee under this section without requiring the employee to submit to a medical examination when the appointing power relies upon a written statement submitted to the appointing power by the employee as to the employee’s condition or upon medical reports submitted to the appointing power by the employee. (f) The employee shall be given written notice of any demotion, transfer, or termination under this section at least 15 days prior to the effective date thereof. No later than 15 days after service of the notice, the employee may appeal the action of the appointing power to the board. The board, in accordance with its rules, shall hold a hearing. The board may sustain, disapprove, or modify the demotion, transfer, or termination. (g) Whenever the board revokes or modifies a demotion, transfer, or termination, the board shall direct the payment of salary to the employee calculated on the same basis and using the same standards as provided in Section 19584. (h) Upon the request of an appointing authority or the petition of the employee who was terminated, demoted, or transferred in accordance with this section, the employee shall be reinstated to an appropriate vacant position in the same class, in a comparable class or in a lower related class if it is determined by the board that the employee is no longer incapacitated for duty. Such a reinstatement to a position in a different agency may be made only with the concurrence of that agency. In approving or ordering the reinstatements, the board may require the satisfactory completion of a new probationary period. When the board finds the employee who was terminated, demoted, or transferred is no longer incapacitated for duty but there is no vacant position to which the employee appropriately can be appointed, the name of the employee shall be placed upon those reemployment lists that are determined to be appropriate by the board. (i) (1) If the appointing power, after considering the conclusions of the medical examination provided for by this section or medical reports from the employee’s physician and other pertinent information, concludes that the employee is unable to perform the work of his or her present position or any other position in the agency and the employee is eligible and does not waive the right to retire for disability, the appointing power shall file an application for disability retirement on the employee’s behalf. The appointing power shall give the employee 15 days written notice of its intention to file such an application and a reasonable opportunity to respond to the appointing power prior to the appointing power’s filing of the application. However, the appointing power’s decision to file the application is final and is not appealable to the State Personnel Board. (2) Notwithstanding Section 21153, upon filing the application for disability retirement, the appointing power may remove the employee from the job and place the employee on involuntary leave status. The employee may use any accrued leave eligible during the period of the involuntary leave. If the employee’s leave credits and programs are exhausted or if they do not provide benefits at least equal to the estimated retirement allowance, the appointing power shall pay the employee an additional temporary disability allowance so that the employee receives payment equal to the retirement allowance. The appointing power shall continue to make all employer contributions to the employee’s health plans during the period of the involuntary leave. (3) If the application for disability retirement is subsequently granted, the retirement system shall reimburse the appointing power for the temporary disability allowance which shall be deducted from any back disability retirement benefits otherwise payable to the employee. If the application is denied, the appointing power shall reinstate the employee to his or her position with back salary and benefits pursuant to subdivision (g), less any temporary disability allowance paid by the appointing power. The appointing power shall also restore any leave credits the employee used during the period of the involuntary leave. (Amended by Stats. 2013, Ch. 427, Sec. 66. (AB 1062) Effective January 1, 2014.)
  128. 19257.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 6. Service [19251.5 - 19406] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1985, Ch. 794, Sec. 24. ) ## ARTICLE 1. General [19251.5 - 19261] ( Article 1 added by Stats. 1945, Ch. 123. )

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    A person who in good faith accepts an appointment or job contrary to this rule must be paid by the appointing power, and may sue for that payment.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 6. Service [19251.5 - 19406] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1985, Ch. 794, Sec. 24. ) ## ARTICLE 1. General [19251.5 - 19261] ( Article 1 added by Stats. 1945, Ch. 123. ) ## 19257. Any person acting in good faith in accepting an appointment or employment contrary to this part or the rules prescribed hereunder, shall be paid by the appointing power the compensation promised by or on behalf of the appointing power or, in case no compensation is so promised, then, the actual value of any service rendered and the expense incurred in good faith under such attempted appointment or employment, and has a cause of action against the appointing power therefor. (Added by Stats. 1945, Ch. 123.)
  129. 19257.5.

    ## 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 6. Service [19251.5 - 19406] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1985, Ch. 794, Sec. 24. ) ## ARTICLE 1. General [19251.5 - 19261] ( Article 1 added by Stats. 1945, Ch. 123. )

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    The department may void an employee appointment from the beginning if it was accepted in good faith but was made because of a mistake of law or fact, and the department acts within one year after the 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 6. Service [19251.5 - 19406] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1985, Ch. 794, Sec. 24. ) ## ARTICLE 1. General [19251.5 - 19261] ( Article 1 added by Stats. 1945, Ch. 123. ) ## 19257.5. Where the appointment of an employee has been made and accepted in good faith, but where the appointment would not have been made but for some mistake of law or fact that if known to the parties would have rendered the appointment unlawful when made, the department may declare the appointment void from the beginning if the action is taken within one year after the appointment. (Amended by Stats. 2013, Ch. 427, Sec. 67. (AB 1062) Effective January 1, 2014.)
  130. 19261.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 6. Service [19251.5 - 19406] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1985, Ch. 794, Sec. 24. ) ## ARTICLE 1. General [19251.5 - 19261] ( Article 1 added by Stats. 1945, Ch. 123. )

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    The Department of Human Resources may set health and safety standards and develop a health and safety program for state agencies. The board may not require a physical exam from an employee who files the stated prayer-based affidavit, unless there is probable cause to believe the employee cannot perform the job.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 6. Service [19251.5 - 19406] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1985, Ch. 794, Sec. 24. ) ## ARTICLE 1. General [19251.5 - 19261] ( Article 1 added by Stats. 1945, Ch. 123. ) ## 19261. (a) The Department of Human Resources may establish standards of health and safety in state agencies and may develop a comprehensive health and safety program designed to improve the efficiency and raise the morale of state employees. Nothing in this section or in the standards established thereunder shall discriminate against treatment by prayer or spiritual means nor require physical examination of any employee who files with the board an affidavit setting forth that he or she depends exclusively upon prayer for healing in accordance with the teachings of a bona fide religious sect, denomination or organization and that he or she is to the best of his or her knowledge and belief in good health and that he or she claims exemption on such grounds, except that when there is probable cause to believe that such employee is not physically able to perform the duties of his or her employment, the board may require a physical examination of the employee sufficient to indicate whether or not he or she is able to perform the duties of his or her employment. (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. 70. (SB 1308) Effective January 1, 2013.)
  131. 19400.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 6. Service [19251.5 - 19406] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1985, Ch. 794, Sec. 24. ) ## ARTICLE 2. Upward Mobility [19400 - 19406] ( Heading of Article 2 renumbered from Article 4.5 by Stats. 1985, Ch. 794, Sec. 26. )

    Verify source ↗

    This provision states the intent to create and maintain an upward mobility program for state employees in low-paying occupations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 6. Service [19251.5 - 19406] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1985, Ch. 794, Sec. 24. ) ## ARTICLE 2. Upward Mobility [19400 - 19406] ( Heading of Article 2 renumbered from Article 4.5 by Stats. 1985, Ch. 794, Sec. 26. ) ## 19400. It is the intent of this article to establish and maintain an effective upward mobility program for state employees in low-paying occupations. An upward mobility program is one in which career opportunities are developed and published and assistance is provided which will allow employees in low-paying occupations to develop and advance to their highest potential. (Amended by Stats. 2013, Ch. 427, Sec. 68. (AB 1062) Effective January 1, 2014.)
  132. 19401.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 6. Service [19251.5 - 19406] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1985, Ch. 794, Sec. 24. ) ## ARTICLE 2. Upward Mobility [19400 - 19406] ( Heading of Article 2 renumbered from Article 4.5 by Stats. 1985, Ch. 794, Sec. 26. )

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    State appointing authorities must establish an effective upward mobility program for low-paying occupational groups.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 6. Service [19251.5 - 19406] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1985, Ch. 794, Sec. 24. ) ## ARTICLE 2. Upward Mobility [19400 - 19406] ( Heading of Article 2 renumbered from Article 4.5 by Stats. 1985, Ch. 794, Sec. 26. ) ## 19401. All appointing authorities of state government shall establish an effective program of upward mobility for employees in low-paying occupational groups. In developing their upward mobility programs, appointing authorities shall endeavor to provide, to the greatest extent possible, the following opportunities for employees who meet criteria established by the appointing authority, demonstrate the aptitude or potential for advancement, and wish to participate in: (a) Career counseling using individual professional, administrative, and technical employees who can serve as career models, and a course in group career counseling. Each employee who wishes to participate in an upward mobility program should be required to develop a career development plan. (b) Appropriate academic counseling. (c) Training opportunities such as college programs related to special training programs. This training may include release time at reduced cost or no cost to the employee and may be offered in geographically remote areas through cooperative arrangements with other departments and colleges. (d) Training and development assignments. (e) On-the-job training. (f) Job restructuring, including the development of career ladders and lattices, and modifications of requirements where employment barriers exist. (Amended by Stats. 2013, Ch. 427, Sec. 69. (AB 1062) Effective January 1, 2014.)
  133. 19402.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 6. Service [19251.5 - 19406] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1985, Ch. 794, Sec. 24. ) ## ARTICLE 2. Upward Mobility [19400 - 19406] ( Heading of Article 2 renumbered from Article 4.5 by Stats. 1985, Ch. 794, Sec. 26. )

    Verify source ↗

    Departments and related programs must set annual upward mobility goals, report progress, and the Department of Human Resources must approve, share, and post the goals.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 6. Service [19251.5 - 19406] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1985, Ch. 794, Sec. 24. ) ## ARTICLE 2. Upward Mobility [19400 - 19406] ( Heading of Article 2 renumbered from Article 4.5 by Stats. 1985, Ch. 794, Sec. 26. ) ## 19402. (a) (1) All upward mobility programs shall include annual goals that include the number of employees expected to progress from entry-level positions to higher level technical, professional, and administrative positions, and the timeframe within which this progress shall occur. For appointing powers that participate in apprenticeship programs, the upward mobility program shall also include annual goals that include the number of employees expected to progress from apprenticeship positions to permanent civil service positions. (2) The upward mobility goals may include race, gender, LGBTQ, and disability status as factors to the extent permissible under state and federal equal protection and antidiscrimination laws. (3) The Department of Human Resources shall be responsible for approving each department’s annual upward mobility goals and timetables. (b) (1) No later than July 1 of each year, each department shall provide a report to the Department of Human Services that demonstrates progress made toward meeting upward mobility goals. At a minimum, this report shall include the number of employees that have progressed from positions in entry-level occupational groups to technical, professional, and administrative positions in the last calendar year. If the appointing authority is unable to meet its annual upward mobility goals and timetables for two consecutive fiscal years, the appointing authority shall include in the report an explanation for why it failed to achieve its goals and what requirements are necessary to facilitate achieving its goals in the subsequent two fiscal years. (2) On or before January 1 of the following year after each department provides the report described in paragraph (1), the Department of Human Resources shall provide a copy of the upward mobility goals and the report described in paragraph (1) to the Legislature. The report shall be submitted in compliance with Section 9795. (3) By July 1, 2024, the Department of Human Resources shall post each department’s upward mobility goals on its internet website. (Amended by Stats. 2023, Ch. 131, Sec. 81. (AB 1754) Effective January 1, 2024.)
  134. 19403.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 6. Service [19251.5 - 19406] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1985, Ch. 794, Sec. 24. ) ## ARTICLE 2. Upward Mobility [19400 - 19406] ( Heading of Article 2 renumbered from Article 4.5 by Stats. 1985, Ch. 794, Sec. 26. )

    Verify source ↗

    The department must work with appointing authorities to create bridging classifications and career ladders that support upward mobility from low-paying jobs to technical, professional, and administrative jobs.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 6. Service [19251.5 - 19406] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1985, Ch. 794, Sec. 24. ) ## ARTICLE 2. Upward Mobility [19400 - 19406] ( Heading of Article 2 renumbered from Article 4.5 by Stats. 1985, Ch. 794, Sec. 26. ) ## 19403. The department shall, in cooperation with appointing authorities, establish bridging classifications and career ladders to provide upward mobility from jobs in low-paying occupations to technical, professional, and administrative jobs on an ongoing basis. (Amended by Stats. 2013, Ch. 427, Sec. 71. (AB 1062) Effective January 1, 2014.)
  135. 19405.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 6. Service [19251.5 - 19406] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1985, Ch. 794, Sec. 24. ) ## ARTICLE 2. Upward Mobility [19400 - 19406] ( Heading of Article 2 renumbered from Article 4.5 by Stats. 1985, Ch. 794, Sec. 26. )

    Verify source ↗

    The department must submit an annual report to the Legislature about how each appointing authority and state agency is meeting its obligations under 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 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 6. Service [19251.5 - 19406] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1985, Ch. 794, Sec. 24. ) ## ARTICLE 2. Upward Mobility [19400 - 19406] ( Heading of Article 2 renumbered from Article 4.5 by Stats. 1985, Ch. 794, Sec. 26. ) ## 19405. The department shall annually submit a report to the Legislature on the performance of each appointing authority and agency in state government in meeting its obligations under this article. (Amended by Stats. 2013, Ch. 427, Sec. 72. (AB 1062) Effective January 1, 2014.)
  136. 19406.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 6. Service [19251.5 - 19406] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1985, Ch. 794, Sec. 24. ) ## ARTICLE 2. Upward Mobility [19400 - 19406] ( Heading of Article 2 renumbered from Article 4.5 by Stats. 1985, Ch. 794, Sec. 26. )

    Verify source ↗

    The State Personnel Board must prepare written guidelines for the upward mobility program within six months and involve representatives from state employee groups in the process.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 6. Service [19251.5 - 19406] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1985, Ch. 794, Sec. 24. ) ## ARTICLE 2. Upward Mobility [19400 - 19406] ( Heading of Article 2 renumbered from Article 4.5 by Stats. 1985, Ch. 794, Sec. 26. ) ## 19406. The State Personnel Board shall prepare written guidelines for implementation of the upward mobility program described in this article within six months from the effective date of this article. The board shall involve representatives from a cross section of groups and organizations representing state employees, including target groups, both in the initial discussion and in the subsequent preparation of the guidelines. (Amended by Stats. 1999, Ch. 310, Sec. 17. Effective January 1, 2000.)
  137. 19570.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. Separations From Service [19570 - 19593] ( Heading of Chapter 7 renumbered from Chapter 8 by Stats. 1985, Ch. 794, Sec. 27. ) ## ARTICLE 1. Disciplinary Proceedings [19570 - 19589] ( Heading of Article 1 renumbered from Article 3 by Stats. 1983, Ch. 142, Sec. 55. )

    Verify source ↗

    This section defines “adverse action” and says this article generally does not apply to adverse actions affecting managerial employees subject to Article 2, except as stated in specified sections.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. Separations From Service [19570 - 19593] ( Heading of Chapter 7 renumbered from Chapter 8 by Stats. 1985, Ch. 794, Sec. 27. ) ## ARTICLE 1. Disciplinary Proceedings [19570 - 19589] ( Heading of Article 1 renumbered from Article 3 by Stats. 1983, Ch. 142, Sec. 55. ) ## 19570. As used in this article “adverse action” means dismissal, demotion, suspension, or other disciplinary action. This article shall not apply to any adverse action affecting managerial employees subject to Article 2 (commencing with Section 19590), except as provided in Sections 19590.5, 19592, and 19592.2. (Amended by Stats. 1985, Ch. 794, Sec. 28.)
  138. 19571.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. Separations From Service [19570 - 19593] ( Heading of Chapter 7 renumbered from Chapter 8 by Stats. 1985, Ch. 794, Sec. 27. ) ## ARTICLE 1. Disciplinary Proceedings [19570 - 19589] ( Heading of Article 1 renumbered from Article 3 by Stats. 1983, Ch. 142, Sec. 55. )

    Verify source ↗

    Adverse action may be taken against an employee or a person on an employment list for discipline causes listed in this article, if it conforms to the article and the board rule.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. Separations From Service [19570 - 19593] ( Heading of Chapter 7 renumbered from Chapter 8 by Stats. 1985, Ch. 794, Sec. 27. ) ## ARTICLE 1. Disciplinary Proceedings [19570 - 19589] ( Heading of Article 1 renumbered from Article 3 by Stats. 1983, Ch. 142, Sec. 55. ) ## 19571. In conformity with this article and the board rule, adverse action may be taken against any employee, or person whose name appears on any employment list for any cause for discipline specified in this article. (Amended by Stats. 1981, Ch. 526, Sec. 2.)
  139. 19572.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. Separations From Service [19570 - 19593] ( Heading of Chapter 7 renumbered from Chapter 8 by Stats. 1985, Ch. 794, Sec. 27. ) ## ARTICLE 1. Disciplinary Proceedings [19570 - 19589] ( Heading of Article 1 renumbered from Article 3 by Stats. 1983, Ch. 142, Sec. 55. )

    Verify source ↗

    This section lists conduct that can be cause for discipline of an employee or a person on an employment 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 7. Separations From Service [19570 - 19593] ( Heading of Chapter 7 renumbered from Chapter 8 by Stats. 1985, Ch. 794, Sec. 27. ) ## ARTICLE 1. Disciplinary Proceedings [19570 - 19589] ( Heading of Article 1 renumbered from Article 3 by Stats. 1983, Ch. 142, Sec. 55. ) ## 19572. Each of the following constitutes cause for discipline of an employee, or of a person whose name appears on any employment list: (a) Fraud in securing appointment. (b) Incompetency. (c) Inefficiency. (d) Inexcusable neglect of duty. (e) Insubordination. (f) Dishonesty. (g) Drunkenness on duty. (h) Intemperance. (i) Addiction to the use of controlled substances. (j) Inexcusable absence without leave. (k) Conviction of a felony or conviction of a misdemeanor involving moral turpitude. A plea or verdict of guilty, or a conviction following a plea of nolo contendere, to a charge of a felony or any offense involving moral turpitude is deemed to be a conviction within the meaning of this section. (l) Immorality. (m) Discourteous treatment of the public or other employees. (n) Improper political activity. (o) Willful disobedience. (p) Misuse of state property. (q) Violation of this part or of a board rule. (r) Violation of the prohibitions set forth in accordance with Section 19990. (s) Refusal to take and subscribe any oath or affirmation that is required by law in connection with the employment. (t) Other failure of good behavior either during or outside of duty hours, which is of such a nature that it causes discredit to the appointing authority or the person’s employment. (u) Any negligence, recklessness, or intentional act that results in the death of a patient of a state hospital serving the mentally disabled or the developmentally disabled. (v) The use during duty hours, for training or target practice, of any material that is not authorized for that use by the appointing power. (w) Unlawful discrimination, including harassment, on any basis listed in subdivision (a) of Section 12940, as those bases are defined in Sections 12926 and 12926.1, except as otherwise provided in Section 12940, against the public or other employees while acting in the capacity of a state employee. (x) Unlawful retaliation against any other state officer or employee or member of the public who in good faith reports, discloses, divulges, or otherwise brings to the attention of, the Attorney General or any other appropriate authority, any facts or information relative to actual or suspected violation of any law of this state or the United States occurring on the job or directly related to the job. (Amended by Stats. 2004, Ch. 788, Sec. 8. Effective January 1, 2005.)
  140. 19573.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. Separations From Service [19570 - 19593] ( Heading of Chapter 7 renumbered from Chapter 8 by Stats. 1985, Ch. 794, Sec. 27. ) ## ARTICLE 1. Disciplinary Proceedings [19570 - 19589] ( Heading of Article 1 renumbered from Article 3 by Stats. 1983, Ch. 142, Sec. 55. )

    Verify source ↗

    The Department of Human Resources may set disciplinary criteria for adverse actions taken by appointing bodies under Section 19572.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. Separations From Service [19570 - 19593] ( Heading of Chapter 7 renumbered from Chapter 8 by Stats. 1985, Ch. 794, Sec. 27. ) ## ARTICLE 1. Disciplinary Proceedings [19570 - 19589] ( Heading of Article 1 renumbered from Article 3 by Stats. 1983, Ch. 142, Sec. 55. ) ## 19573. The Department of Human Resources may establish disciplinary criteria applicable to adverse actions taken by appointing bodies pursuant to the causes of discipline set forth in Section 19572. (Added by Stats. 2012, Ch. 665, Sec. 71. (SB 1308) Effective January 1, 2013.)
  141. 19574.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. Separations From Service [19570 - 19593] ( Heading of Chapter 7 renumbered from Chapter 8 by Stats. 1985, Ch. 794, Sec. 27. ) ## ARTICLE 1. Disciplinary Proceedings [19570 - 19589] ( Heading of Article 1 renumbered from Article 3 by Stats. 1983, Ch. 142, Sec. 55. )

    Verify source ↗

    The appointing power may take adverse action against an employee, but it must serve a written notice before the action takes effect and file that notice with the board within 15 calendar days after the effective date.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. Separations From Service [19570 - 19593] ( Heading of Chapter 7 renumbered from Chapter 8 by Stats. 1985, Ch. 794, Sec. 27. ) ## ARTICLE 1. Disciplinary Proceedings [19570 - 19589] ( Heading of Article 1 renumbered from Article 3 by Stats. 1983, Ch. 142, Sec. 55. ) ## 19574. (a) The appointing power, or its authorized representative, may take adverse action against an employee for one or more of the causes for discipline specified in this article. Adverse action is valid only if a written notice is served on the employee prior to the effective date of the action, as defined by board rule. The notice shall be served upon the employee either personally or by mail and shall include: (1) a statement of the nature of the adverse action; (2) the effective date of the action; (3) a statement of the reasons therefor in ordinary language; (4) a statement advising the employee of the right to answer the notice orally or in writing; and (5) a statement advising the employee of the time within which an appeal must be filed. The notice shall be filed with the board not later than 15 calendar days after the effective date of the adverse action. (b) Effective January 1, 1996, this subdivision shall apply only to state employees in State Bargaining Unit 5. This section shall not apply to discipline as defined by Section 19576.1. (Amended by Stats. 2008, Ch. 150, Sec. 10. Effective January 1, 2009.)
  142. 19574.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. Separations From Service [19570 - 19593] ( Heading of Chapter 7 renumbered from Chapter 8 by Stats. 1985, Ch. 794, Sec. 27. ) ## ARTICLE 1. Disciplinary Proceedings [19570 - 19589] ( Heading of Article 1 renumbered from Article 3 by Stats. 1983, Ch. 142, Sec. 55. )

    Verify source ↗

    An employee served with notice of adverse action, or the employee’s designated representative, may inspect relevant documents and interview other employees with knowledge of the basis for the action.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. Separations From Service [19570 - 19593] ( Heading of Chapter 7 renumbered from Chapter 8 by Stats. 1985, Ch. 794, Sec. 27. ) ## ARTICLE 1. Disciplinary Proceedings [19570 - 19589] ( Heading of Article 1 renumbered from Article 3 by Stats. 1983, Ch. 142, Sec. 55. ) ## 19574.1. (a) An employee who has been served with notice of adverse action, or a representative designated by the employee, shall have the right to inspect any documents in the possession of, or under the control of, the appointing power which are relevant to the adverse action taken or which would constitute “relevant evidence” as defined in Section 210 of the Evidence Code. The employee, or the designated representative, shall also have the right to interview other employees having knowledge of the acts or omissions upon which the adverse action was based. Interviews of other employees and inspection of documents shall be at times and places reasonable for the employee and for the appointing power. (b) The appointing power shall make all reasonable efforts necessary to assure the cooperation of any other employees interviewed pursuant to this section. (Amended by Stats. 2008, Ch. 150, Sec. 11. Effective January 1, 2009.)
  143. 19574.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. Separations From Service [19570 - 19593] ( Heading of Chapter 7 renumbered from Chapter 8 by Stats. 1985, Ch. 794, Sec. 27. ) ## ARTICLE 1. Disciplinary Proceedings [19570 - 19589] ( Heading of Article 1 renumbered from Article 3 by Stats. 1983, Ch. 142, Sec. 55. )

    Verify source ↗

    This section lets a party ask the Hearing Office of the State Personnel Board to compel discovery, sets filing and response deadlines, and allows court review and possible costs or attorney fees.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. Separations From Service [19570 - 19593] ( Heading of Chapter 7 renumbered from Chapter 8 by Stats. 1985, Ch. 794, Sec. 27. ) ## ARTICLE 1. Disciplinary Proceedings [19570 - 19589] ( Heading of Article 1 renumbered from Article 3 by Stats. 1983, Ch. 142, Sec. 55. ) ## 19574.2. (a) Any party claiming that his or her request for discovery pursuant to Section 19574.1 has not been complied with may serve and file a petition to compel discovery with the Hearing Office of the State Personnel Board, naming as respondent the party refusing or failing to comply with Section 19574.1. The petition shall state facts showing that the respondent party failed or refused to comply with Section 19574.1, a description of the matters sought to be discovered, the reason or reasons why the matter is discoverable under Section 19574.1, and the ground or grounds of the respondent’s refusal so far as known to the petitioner. (b) The petition shall be served upon the respondent party and filed within 14 days after the respondent party first evidenced his or her failure or refusal to comply with Section 19574.1 or within 30 days after the request was made and the party has failed to reply to the request, whichever period is longer. However, no petition may be filed within 90 days of the date set for commencement of the administrative hearing, except upon a petition and a determination by the administrative law judge of good cause. In determining good cause, the administrative law judge shall consider the necessity and reasons for the discovery, the diligence or lack of diligence of the moving party, whether the granting of the petition will delay the commencement of the administrative hearing on the date set, and the possible prejudice of the action to any party. The respondent shall have a right to file a written answer to the petition. Any answer shall be filed with the Hearing Office of the State Personnel Board and the petitioner within 15 days of service of the petition. Unless otherwise stipulated by the parties and as provided by this section, the administrative law judge shall review the petition and any response filed by the respondent and issue a decision granting or denying the petition within 20 days after the filing of the petition. Nothing in this section shall preclude the administrative law judge from determining that an evidentiary hearing shall be conducted prior to the issuance of a decision on the petition. In the event that a hearing is ordered, the decision of the administrative law judge shall be issued within 20 days of the closing of the hearing. A party aggrieved by the decision of the administrative law judge may, within 30 days of service of the decision, file a petition to compel discovery in the superior court for the county in which the administrative hearing will be held or in the county in which the headquarters of the appointing power is located. The petition shall be served on the respondent party. (c) If from a reading of the petition the court is satisfied that the petition sets forth good cause for relief, the court shall issue an order to show cause directed to the respondent party; otherwise the court shall enter an order denying the petition. The order to show cause shall be served upon the respondent and his or her attorney of record in the administrative proceeding by personal delivery or certified mail and shall be returnable no earlier than 10 days from its issuance nor later than 30 days after the filing of the petition. The respondent party shall have the right to serve and file a written answer or other response to the petition and order to show cause. (d) The court may, in its discretion, order the administrative proceeding stayed during the pendency of the proceeding, and, if necessary, for a reasonable time thereafter to afford the parties time to comply with the court order. (e) Where the matter sought to be discovered is under the custody or control of the respondent party and the respondent party asserts that the matter is not a discoverable matter under Section 19574.1, or is privileged against disclosure under Section 19574.1, the court may order lodged with it matters which are provided in subdivision (b) of Section 915 of the Evidence Code and shall examine the matters in accordance with the provisions thereof. (f) The court shall decide the case on the matters examined by the court in camera, the papers filed by the parties, and any oral argument and additional evidence as the court may allow. (g) Unless otherwise stipulated by the parties, the court shall no later than 45 days after the filing of the petition file its order denying or granting the petition; provided, however, that the court may on its own motion for good cause extend the time an additional 45 days. The order of the court shall be in writing setting forth the matters or parts the petitioner is entitled to discover under Section 19574.1. A copy of the order shall forthwith be served by mail by the clerk upon the parties. Where the order grants the petition in whole or in part, the order shall not become effective until 10 days after the date the order is served by the clerk. Where the order denies relief to the petitioning party, the order shall be effective on the date it is served by the clerk. (h) The order of the superior court shall be final and, except for this subdivision, shall not be subject to review by appeal. A party aggrieved by the order, or any part thereof, may within 30 days after the service of the superior court’s order serve and file in the district court of appeal for the district in which the superior court is located, a petition for a writ of mandamus to compel the superior court to set aside, or otherwise modify, its order. Where a review is sought from an order granting discovery, the order of the trial court and the administrative proceeding shall be stayed upon the filing of the petition for writ of mandamus; provided, however, that the court of appeal may dissolve or modify the stay thereafter, if it is in the public interest to do so. Where the review is sought from a denial of discovery, neither the trial court’s order nor the administrative proceeding shall be stayed by the court of appeal except upon a clear showing of probable error. (i) Where the superior court finds that a party or his or her attorney, without substantial justification, failed or refused to comply with Section 19574.1, or, without substantial justification, filed a petition to compel discovery pursuant to this section, or, without substantial justification, failed to comply with any order of court made pursuant to this section, the court may award court costs and reasonable attorney fees to the opposing party. Nothing in this subdivision shall limit the power of the superior court to compel obedience to its orders by contempt proceedings. (Amended by Stats. 2013, Ch. 427, Sec. 73. (AB 1062) Effective January 1, 2014.)
  144. 19574.5.

    ## 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 7. Separations From Service [19570 - 19593] ( Heading of Chapter 7 renumbered from Chapter 8 by Stats. 1985, Ch. 794, Sec. 27. ) ## ARTICLE 1. Disciplinary Proceedings [19570 - 19589] ( Heading of Article 1 renumbered from Article 3 by Stats. 1983, Ch. 142, Sec. 55. )

    Verify source ↗

    An appointing power may place an employee on leave for up to 15 days while investigating certain accusations, and it can end the leave with 48 hours’ written notice.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. Separations From Service [19570 - 19593] ( Heading of Chapter 7 renumbered from Chapter 8 by Stats. 1985, Ch. 794, Sec. 27. ) ## ARTICLE 1. Disciplinary Proceedings [19570 - 19589] ( Heading of Article 1 renumbered from Article 3 by Stats. 1983, Ch. 142, Sec. 55. ) ## 19574.5. Pending investigation by the appointing power of accusations against an employee involving misappropriation of public funds or property, drug addiction, mistreatment of persons in a state institution, immorality, or acts which would constitute a felony or a misdemeanor involving moral turpitude, the appointing power may order the employee on leave of absence for not to exceed 15 days. The leave may be terminated by the appointing power by giving 48 hours’ notice in writing to the employee. If adverse action is not taken on or before the date such a leave is terminated, the leave shall be with pay. If adverse action is taken on or before the date such leave is terminated, the adverse action may be taken retroactive to any date on or after the date the employee went on leave. Notwithstanding the provisions of Section 19574, the adverse action, under such circumstances, shall be valid if written notice is served upon the employee and filed with the board not later than 15 calendar days after the employee is notified of the adverse action. (Amended by Stats. 1981, Ch. 526, Sec. 5.)
  145. 19575.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. Separations From Service [19570 - 19593] ( Heading of Chapter 7 renumbered from Chapter 8 by Stats. 1985, Ch. 794, Sec. 27. ) ## ARTICLE 1. Disciplinary Proceedings [19570 - 19589] ( Heading of Article 1 renumbered from Article 3 by Stats. 1983, Ch. 142, Sec. 55. )

    Verify source ↗

    An employee must file a written answer with the board within 30 calendar days after an adverse action becomes effective.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. Separations From Service [19570 - 19593] ( Heading of Chapter 7 renumbered from Chapter 8 by Stats. 1985, Ch. 794, Sec. 27. ) ## ARTICLE 1. Disciplinary Proceedings [19570 - 19589] ( Heading of Article 1 renumbered from Article 3 by Stats. 1983, Ch. 142, Sec. 55. ) ## 19575. The employee has 30 calendar days after the effective date of the adverse action to file with the board a written answer to the notice of adverse action. The answer shall be deemed to be a denial of all of the allegations of the notice of adverse action not expressly admitted and a request for hearing or investigation as provided in this article. With the consent of the board or its authorized representative an amended answer may subsequently be filed. If the employee fails to answer within the time specified or after answer withdraws his or her appeal the adverse action taken by the appointing power shall be final. A copy of the employee’s answer and of any amended answer shall promptly be given by the board to the appointing power. (Amended by Stats. 2008, Ch. 150, Sec. 13. Effective January 1, 2009.)
  146. 19575.5.

    ## 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 7. Separations From Service [19570 - 19593] ( Heading of Chapter 7 renumbered from Chapter 8 by Stats. 1985, Ch. 794, Sec. 27. ) ## ARTICLE 1. Disciplinary Proceedings [19570 - 19589] ( Heading of Article 1 renumbered from Article 3 by Stats. 1983, Ch. 142, Sec. 55. )

    Verify source ↗

    Before an employee’s appeal is decided, the appointing power may file an amended or supplemental adverse-action notice with board consent; if it adds new allegations, the employee gets a reasonable chance to prepare a defense and may make oral objections.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. Separations From Service [19570 - 19593] ( Heading of Chapter 7 renumbered from Chapter 8 by Stats. 1985, Ch. 794, Sec. 27. ) ## ARTICLE 1. Disciplinary Proceedings [19570 - 19589] ( Heading of Article 1 renumbered from Article 3 by Stats. 1983, Ch. 142, Sec. 55. ) ## 19575.5. At any time before an employee’s appeal is submitted to the board or its authorized representative for decision, the appointing power may with the consent of the board or its authorized representative serve on the employee and file with the board an amended or supplemental notice of adverse action. If the amended or supplemental notice presents new causes or allegations the employee shall be afforded a reasonable opportunity to prepare his defense thereto, but he shall not be entitled to file a further answer unless the board or its authorized representative so orders. Any new causes or allegations shall be deemed controverted and any objections to the amended or supplemental causes or allegations may be made orally at the hearing or investigation and shall be noted in the record. (Amended by Stats. 1981, Ch. 526, Sec. 7.)
  147. 19576.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. Separations From Service [19570 - 19593] ( Heading of Chapter 7 renumbered from Chapter 8 by Stats. 1985, Ch. 794, Sec. 27. ) ## ARTICLE 1. Disciplinary Proceedings [19570 - 19589] ( Heading of Article 1 renumbered from Article 3 by Stats. 1983, Ch. 142, Sec. 55. )

    Verify source ↗

    When an employee answers certain short suspensions or discipline, the board or its representative must investigate; in some cases the employee is entitled to a hearing.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. Separations From Service [19570 - 19593] ( Heading of Chapter 7 renumbered from Chapter 8 by Stats. 1985, Ch. 794, Sec. 27. ) ## ARTICLE 1. Disciplinary Proceedings [19570 - 19589] ( Heading of Article 1 renumbered from Article 3 by Stats. 1983, Ch. 142, Sec. 55. ) ## 19576. Whenever an answer is filed by an employee who has been suspended without pay for five days or less, or who has received a formal reprimand or up to a one-step reduction in pay for four months or less, the board or its authorized representative shall make an investigation with or without a hearing as it deems necessary. However, in the event an employee receives one of these actions under subdivision (r) of Section 19572 for behavior or acts outside of duty hours, the employee shall, if he or she files an answer to the action, be afforded a hearing. If the employee receives one of the cited actions in more than three instances in any 12-month period, the employee shall, upon each additional action within the same 12-month period, be afforded a hearing if the employee files an answer to the action. If the provisions of this section concerning whether a hearing should be held are in conflict with the provisions of a memorandum of understanding reached pursuant to the State Employer-Employee Relations Act (SEERA), commencing with Section 3512, the memorandum of understanding shall be controlling without further legislative action, except that if those 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. 2008, Ch. 150, Sec. 14. Effective January 1, 2009.)
  148. 19576.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. Separations From Service [19570 - 19593] ( Heading of Chapter 7 renumbered from Chapter 8 by Stats. 1985, Ch. 794, Sec. 27. ) ## ARTICLE 1. Disciplinary Proceedings [19570 - 19589] ( Heading of Article 1 renumbered from Article 3 by Stats. 1983, Ch. 142, Sec. 55. )

    Verify source ↗

    For state employees in State Bargaining Unit 5, this section sets investigation and hearing rules for certain disciplinary actions and limits appeal rights for formal reprimands.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. Separations From Service [19570 - 19593] ( Heading of Chapter 7 renumbered from Chapter 8 by Stats. 1985, Ch. 794, Sec. 27. ) ## ARTICLE 1. Disciplinary Proceedings [19570 - 19589] ( Heading of Article 1 renumbered from Article 3 by Stats. 1983, Ch. 142, Sec. 55. ) ## 19576.1. Effective January 1, 1996, notwithstanding Section 19576, this section shall apply only to state employees in State Bargaining Unit 5. Whenever an answer is filed by an employee who has been suspended without pay for five days or less or who has received a formal reprimand or up to a five percent reduction in pay for five months or less, the Department of Human Resources or its authorized representative shall make an investigation, with or without a hearing, as it deems necessary. However, if he or she receives one of the cited actions in more than three instances in any 12-month period, he or she, upon each additional action within the same 12-month period, shall be afforded a hearing before the State Personnel Board if he or she files an answer to the action. The Department of Human Resources shall not have the above authority with regard to formal reprimands. Formal reprimands shall not be appealable by the receiving employee by any means, except that the State Personnel Board, pursuant to its constitutional authority, shall maintain its right to review all formal reprimands. Formal reprimands shall remain available for use by the appointing authorities for the purpose of progressive discipline. Disciplinary action taken pursuant to this section is not subject to Sections 19180, 19574.1, 19574.2, 19575, 19575.5, 19579, 19580, 19581, 19581.5, 19582, 19583, and 19587, or to State Personnel Board Rules 51.1 to 51.9, inclusive, 52, and 52.1 to 52.5, inclusive. Notwithstanding any other law or rule, if the provisions of this section are in conflict with the provisions of the memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if the 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. 72. (SB 1308) Effective January 1, 2013.)
  149. 19578.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. Separations From Service [19570 - 19593] ( Heading of Chapter 7 renumbered from Chapter 8 by Stats. 1985, Ch. 794, Sec. 27. ) ## ARTICLE 1. Disciplinary Proceedings [19570 - 19589] ( Heading of Article 1 renumbered from Article 3 by Stats. 1983, Ch. 142, Sec. 55. )

    Verify source ↗

    After an answer is filed to an adverse action, the board or its authorized representative must hold a hearing within a reasonable time and notify the parties of the time and place.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. Separations From Service [19570 - 19593] ( Heading of Chapter 7 renumbered from Chapter 8 by Stats. 1985, Ch. 794, Sec. 27. ) ## ARTICLE 1. Disciplinary Proceedings [19570 - 19589] ( Heading of Article 1 renumbered from Article 3 by Stats. 1983, Ch. 142, Sec. 55. ) ## 19578. Except as provided in Section 19576, whenever an answer is filed to an adverse action, the board or its authorized representative shall within a reasonable time hold a hearing. The board shall notify the parties of the time and place of the hearing. The hearing shall be conducted in accordance with the provisions of Section 11513 of the Government Code, except that the employee and other persons may be examined as provided in Section 19580, and the parties may submit all proper and competent evidence against or in support of the causes. (Amended by Stats. 2008, Ch. 150, Sec. 17. Effective January 1, 2009.)
  150. 19579.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. Separations From Service [19570 - 19593] ( Heading of Chapter 7 renumbered from Chapter 8 by Stats. 1985, Ch. 794, Sec. 27. ) ## ARTICLE 1. Disciplinary Proceedings [19570 - 19589] ( Heading of Article 1 renumbered from Article 3 by Stats. 1983, Ch. 142, Sec. 55. )

    Verify source ↗

    If either side does not proceed with the hearing, the action or appeal is treated as withdrawn unless the hearing is continued by agreement or for good cause.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. Separations From Service [19570 - 19593] ( Heading of Chapter 7 renumbered from Chapter 8 by Stats. 1985, Ch. 794, Sec. 27. ) ## ARTICLE 1. Disciplinary Proceedings [19570 - 19589] ( Heading of Article 1 renumbered from Article 3 by Stats. 1983, Ch. 142, Sec. 55. ) ## 19579. Failure of either party (the employee, the employer, or their representatives) to proceed at the hearing shall be deemed a withdrawal of the action or appeal, unless the hearing is continued by mutual agreement of the parties, or upon showing of good cause. (Repealed and added by Stats. 1985, Ch. 1195, Sec. 4.5.)
  151. 19580.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. Separations From Service [19570 - 19593] ( Heading of Chapter 7 renumbered from Chapter 8 by Stats. 1985, Ch. 794, Sec. 27. ) ## ARTICLE 1. Disciplinary Proceedings [19570 - 19589] ( Heading of Article 1 renumbered from Article 3 by Stats. 1983, Ch. 142, Sec. 55. )

    Verify source ↗

    The employee may be examined at a deposition or hearing, and may examine or cause another person to be examined under Evidence Code Section 776.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. Separations From Service [19570 - 19593] ( Heading of Chapter 7 renumbered from Chapter 8 by Stats. 1985, Ch. 794, Sec. 27. ) ## ARTICLE 1. Disciplinary Proceedings [19570 - 19589] ( Heading of Article 1 renumbered from Article 3 by Stats. 1983, Ch. 142, Sec. 55. ) ## 19580. Either by deposition or at the hearing the employee may be examined and may examine or cause any person to be examined under Section 776 of the Evidence Code. (Amended by Stats. 1965, Ch. 299.)
  152. 19581.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. Separations From Service [19570 - 19593] ( Heading of Chapter 7 renumbered from Chapter 8 by Stats. 1985, Ch. 794, Sec. 27. ) ## ARTICLE 1. Disciplinary Proceedings [19570 - 19589] ( Heading of Article 1 renumbered from Article 3 by Stats. 1983, Ch. 142, Sec. 55. )

    Verify source ↗

    On the employee’s written request, the board or its authorized representative must issue subpoenas for witnesses for the employee, and the employee pays the 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 7. Separations From Service [19570 - 19593] ( Heading of Chapter 7 renumbered from Chapter 8 by Stats. 1985, Ch. 794, Sec. 27. ) ## ARTICLE 1. Disciplinary Proceedings [19570 - 19589] ( Heading of Article 1 renumbered from Article 3 by Stats. 1983, Ch. 142, Sec. 55. ) ## 19581. The board or its authorized representative shall issue subpenas for witnesses for the employee upon his written request and at his cost. The board or its authorized representative may require such costs to be prepaid. (Amended by Stats. 1953, Ch. 1536.)
  153. 19581.5.

    ## 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 7. Separations From Service [19570 - 19593] ( Heading of Chapter 7 renumbered from Chapter 8 by Stats. 1985, Ch. 794, Sec. 27. ) ## ARTICLE 1. Disciplinary Proceedings [19570 - 19589] ( Heading of Article 1 renumbered from Article 3 by Stats. 1983, Ch. 142, Sec. 55. )

    Verify source ↗

    Before a hearing is scheduled for a contested adverse action or probationary rejection, the board may require, and any party may request, a prehearing or settlement conference.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. Separations From Service [19570 - 19593] ( Heading of Chapter 7 renumbered from Chapter 8 by Stats. 1985, Ch. 794, Sec. 27. ) ## ARTICLE 1. Disciplinary Proceedings [19570 - 19589] ( Heading of Article 1 renumbered from Article 3 by Stats. 1983, Ch. 142, Sec. 55. ) ## 19581.5. Prior to the scheduling of a contested adverse action or rejection on probation for hearing, the board may require or any party may request a prehearing or settlement conference. The administrative law judge presiding over the settlement conference shall not preside over any subsequent hearing on the contested adverse action or rejection on probation unless agreed to by both parties. (Added by Stats. 1988, Ch. 788, Sec. 1.)
  154. 19582.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. Separations From Service [19570 - 19593] ( Heading of Chapter 7 renumbered from Chapter 8 by Stats. 1985, Ch. 794, Sec. 27. ) ## ARTICLE 1. Disciplinary Proceedings [19570 - 19589] ( Heading of Article 1 renumbered from Article 3 by Stats. 1983, Ch. 142, Sec. 55. )

    Verify source ↗

    This section sets procedures for disciplinary hearings, proposed decisions, board review, and the contents and service of the final decision.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. Separations From Service [19570 - 19593] ( Heading of Chapter 7 renumbered from Chapter 8 by Stats. 1985, Ch. 794, Sec. 27. ) ## ARTICLE 1. Disciplinary Proceedings [19570 - 19589] ( Heading of Article 1 renumbered from Article 3 by Stats. 1983, Ch. 142, Sec. 55. ) ## 19582. (a) Hearings may be held by the board, or by any authorized representative, but the board shall render the decision that in its judgment is just and proper. During a hearing, after the appointing authority has completed the opening statement or the presentation of evidence, the employee, without waiving his or her right to offer evidence in the event the motion is not granted, may move for a dismissal of the charges. If it appears that the evidence presented supports the granting of the motion as to some but not all of the issues involved in the action, the board or the authorized representative shall grant the motion as to those issues and the action shall proceed as to the issues remaining. Despite the granting of the motion, no judgment shall be entered prior to a final determination of the action on the remaining issues, and shall be subject to final review and approval by the board. (b) If a contested case is heard by an authorized representative, he or she shall prepare a proposed decision in a form that may be adopted as the decision in the case. A copy of the proposed decision shall be furnished by the board to each party within 10 days after the board has adopted, modified, rejected, or remanded the proposed decision. The board itself may adopt the proposed decision in its entirety, may remand the proposed decision, or may reduce the adverse action set forth therein and adopt the balance of the proposed decision. (c) If the proposed decision is not remanded or adopted as provided in subdivision (b), each party shall be notified of the action, and the board itself may decide the case upon the record, including the transcript, with or without taking any additional evidence, or may refer the case to the same or another authorized representative to take additional evidence. If the case is so assigned to an authorized representative, he or she shall prepare a proposed decision as provided in subdivision (b) upon the additional evidence and the transcript and other papers that are part of the record of the prior hearing. A copy of the proposed decision shall be furnished to each party. The board itself shall decide no case provided for in this subdivision without affording the parties the opportunity to present oral and written argument before the board itself. If additional oral evidence is introduced before the board itself, no board member may vote unless he or she heard the additional oral evidence. (d) In arriving at a decision or a proposed decision, the board or its authorized representative may consider any prior suspension or suspensions of the appellant by authority of any appointing power, or any prior proceedings under this article. (e) In arriving at a decision or a proposed decision, the board, in exercising its discretion consistent with its authority under Section 3 of Article VII of the California Constitution, shall give consideration and respect to any applicable disciplinary criteria established pursuant to Section 19573, and the extent to which the employee’s conduct resulted in, or if repeated is likely to result in, harm to the public service, the circumstances surrounding the offense or misconduct, and the likelihood of recurrence. (f) The decision shall be in writing and contain findings of fact and the adverse action, if any. The findings may be stated in the language of the pleadings or by reference thereto. Copies of the decision shall be served on the parties personally or by mail. (Amended by Stats. 2013, Ch. 427, Sec. 74. (AB 1062) Effective January 1, 2014.)
  155. 19582.5.

    ## 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 7. Separations From Service [19570 - 19593] ( Heading of Chapter 7 renumbered from Chapter 8 by Stats. 1985, Ch. 794, Sec. 27. ) ## ARTICLE 1. Disciplinary Proceedings [19570 - 19589] ( Heading of Article 1 renumbered from Article 3 by Stats. 1983, Ch. 142, Sec. 55. )

    Verify source ↗

    The board may choose some of its decisions as precedents and may set a rule for reconsidering earlier decisions before deciding whether they become precedents. Any decision designated as precedent must be published in the manner the board determines.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. Separations From Service [19570 - 19593] ( Heading of Chapter 7 renumbered from Chapter 8 by Stats. 1985, Ch. 794, Sec. 27. ) ## ARTICLE 1. Disciplinary Proceedings [19570 - 19589] ( Heading of Article 1 renumbered from Article 3 by Stats. 1983, Ch. 142, Sec. 55. ) ## 19582.5. The board may designate certain of its decisions as precedents. Decisions of the board are subject to Section 11425.60. The board may provide by rule for the reconsideration of a previously issued decision to determine whether or not it shall be designated as a precedent decision. All decisions designated as precedents shall be published in a manner determined by the board. (Amended by Stats. 1995, Ch. 938, Sec. 56. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938.)
  156. 19582.51.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. Separations From Service [19570 - 19593] ( Heading of Chapter 7 renumbered from Chapter 8 by Stats. 1985, Ch. 794, Sec. 27. ) ## ARTICLE 1. Disciplinary Proceedings [19570 - 19589] ( Heading of Article 1 renumbered from Article 3 by Stats. 1983, Ch. 142, Sec. 55. )

    Verify source ↗

    This section limits its application to state employees in State Bargaining Unit 5 and lets the board designate some decisions as precedents.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. Separations From Service [19570 - 19593] ( Heading of Chapter 7 renumbered from Chapter 8 by Stats. 1985, Ch. 794, Sec. 27. ) ## ARTICLE 1. Disciplinary Proceedings [19570 - 19589] ( Heading of Article 1 renumbered from Article 3 by Stats. 1983, Ch. 142, Sec. 55. ) ## 19582.51. Effective January 1, 1996, notwithstanding Section 19582.5, this section shall only apply to state employees in State Bargaining Unit 5. The board may designate certain of its decisions as precedents. Precedential decisions shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3. The board may provide by rule for the reconsideration of a previously issued decision to determine whether or not it shall be designated as a precedent decision. All decisions designated as precedents shall be published in a manner determined by the board. For purposes of this section, decisions reached pursuant to Section 19576.1 are not subject to board precedential decision. Arbitrators shall not be bound by board precedential decisions, and the board may not adopt an arbitrator’s decision as a precedential decision. (Added by Stats. 1995, Ch. 768, Sec. 10. Effective October 12, 1995.)
  157. 19583.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. Separations From Service [19570 - 19593] ( Heading of Chapter 7 renumbered from Chapter 8 by Stats. 1985, Ch. 794, Sec. 27. ) ## ARTICLE 1. Disciplinary Proceedings [19570 - 19589] ( Heading of Article 1 renumbered from Article 3 by Stats. 1983, Ch. 142, Sec. 55. )

    Verify source ↗

    The board must decide within a reasonable time after the hearing or investigation and record the decision in the minutes and official roster.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. Separations From Service [19570 - 19593] ( Heading of Chapter 7 renumbered from Chapter 8 by Stats. 1985, Ch. 794, Sec. 27. ) ## ARTICLE 1. Disciplinary Proceedings [19570 - 19589] ( Heading of Article 1 renumbered from Article 3 by Stats. 1983, Ch. 142, Sec. 55. ) ## 19583. The board shall render a decision within a reasonable time after the hearing or investigation. The adverse action taken by the appointing power shall stand unless modified or revoked by the board. If the board finds that the cause or causes for which the adverse action was imposed were insufficient or not sustained, or that the employee was justified in the course of conduct upon which the causes were based, it may modify or revoke the adverse action and it may order the employee returned to his or her position with appropriate restoration of backpay and lost benefits either as of the date of the adverse action or as of such later date as it may specify. The decision of the board shall be entered upon the minutes of the board and the official roster. In arriving at a decision, the board, in exercising its discretion consistent with its authority under Section 3 of Article VII of the California Constitution, shall give consideration and respect to any applicable disciplinary criteria established pursuant to Section 19573. (Amended by Stats. 2012, Ch. 665, Sec. 74. (SB 1308) Effective January 1, 2013.)
  158. 19583.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. Separations From Service [19570 - 19593] ( Heading of Chapter 7 renumbered from Chapter 8 by Stats. 1985, Ch. 794, Sec. 27. ) ## ARTICLE 1. Disciplinary Proceedings [19570 - 19589] ( Heading of Article 1 renumbered from Article 3 by Stats. 1983, Ch. 142, Sec. 55. )

    Verify source ↗

    If an employee is dismissed from state service, the dismissal also applies to the employee’s other civil service positions, removes the employee from employment lists, and stops salary as of the dismissal date, subject to board order.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. Separations From Service [19570 - 19593] ( Heading of Chapter 7 renumbered from Chapter 8 by Stats. 1985, Ch. 794, Sec. 27. ) ## ARTICLE 1. Disciplinary Proceedings [19570 - 19589] ( Heading of Article 1 renumbered from Article 3 by Stats. 1983, Ch. 142, Sec. 55. ) ## 19583.1. Dismissal of an employee from the service shall, unless otherwise ordered by the board: (a) Constitute a dismissal as of the same date from any and all positions which the employee may hold in the state civil service. (b) Result in the automatic removal of the employee’s name from any and all employment lists on which it may appear. (c) Terminate the salary of the employee as of the date of dismissal except that he shall be paid any unpaid salary, and paid for any and all unused and accumulated vacation and any and all accumulated compensating time off or overtime to his credit as of the date of dismissal. (Added by Stats. 1949, Ch. 1416.)
  159. 19583.5.

    ## 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 7. Separations From Service [19570 - 19593] ( Heading of Chapter 7 renumbered from Chapter 8 by Stats. 1985, Ch. 794, Sec. 27. ) ## ARTICLE 1. Disciplinary Proceedings [19570 - 19589] ( Heading of Article 1 renumbered from Article 3 by Stats. 1983, Ch. 142, Sec. 55. )

    Verify source ↗

    This section lets certain people file disciplinary charges against an employee, limits some state-employee filings, gives the charged employee a right to answer, and gives the board power to act if the charges are true.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. Separations From Service [19570 - 19593] ( Heading of Chapter 7 renumbered from Chapter 8 by Stats. 1985, Ch. 794, Sec. 27. ) ## ARTICLE 1. Disciplinary Proceedings [19570 - 19589] ( Heading of Article 1 renumbered from Article 3 by Stats. 1983, Ch. 142, Sec. 55. ) ## 19583.5. (a) Any person, except for a current ward of the Division of Juvenile Facilities, a current inmate of the Department of Corrections and Rehabilitation, or a current patient of a facility operated by the State Department of State Hospitals, with the consent of the board or the appointing power may file charges against an employee requesting that adverse action be taken for one or more causes for discipline specified in this article. Charges filed by a person who is a state employee shall not include issues covered by the state’s employee grievance or other merit appeals processes. Any request of the board to file charges pursuant to this section shall be filed within one year of the event or events that led to the filing. The employee against whom the charges are filed shall have a right to answer as provided in this article. In all of these cases, a hearing shall be conducted in accord with this article and if the board finds that the charges are true it shall have the power to take any adverse action as in its judgment is just and proper. An employee who has sought to bring a charge or an adverse action against another employee using the grievance process, shall first exhaust that administrative process prior to bringing the case to the board. (b) This section shall not be construed to supersede Section 19682. (Amended by Stats. 2012, Ch. 440, Sec. 21. (AB 1488) Effective September 22, 2012.)
  160. 19584.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. Separations From Service [19570 - 19593] ( Heading of Chapter 7 renumbered from Chapter 8 by Stats. 1985, Ch. 794, Sec. 27. ) ## ARTICLE 1. Disciplinary Proceedings [19570 - 19589] ( Heading of Article 1 renumbered from Article 3 by Stats. 1983, Ch. 142, Sec. 55. )

    Verify source ↗

    If the board overturns or changes an adverse action and restores an employee to the job, it must order salary, accrued interest, and normally accrued benefits paid. Salary is not payable for periods when the employee was not ready, able, and willing to work, and certain later earnings must be deducted.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. Separations From Service [19570 - 19593] ( Heading of Chapter 7 renumbered from Chapter 8 by Stats. 1985, Ch. 794, Sec. 27. ) ## ARTICLE 1. Disciplinary Proceedings [19570 - 19589] ( Heading of Article 1 renumbered from Article 3 by Stats. 1983, Ch. 142, Sec. 55. ) ## 19584. Whenever the board revokes or modifies an adverse action and orders that the employee be returned to his or her position, it shall direct the payment of salary and all interest accrued thereto, and the reinstatement of all benefits that otherwise would have normally accrued. “Salary” shall include salary, as defined in Section 18000, salary adjustments and shift differential, and other special salary compensations, if sufficiently predictable. Benefits shall include, but shall not be limited to, retirement, medical, dental, and seniority benefits pursuant to memoranda of understanding for that classification of employee to the employee for that period of time as the board finds the adverse action was improperly in effect. Salary shall not be authorized or paid for any portion of a period of adverse action that the employee was not ready, able, and willing to perform the duties of his or her position, whether the adverse action is valid or not or the causes on which it is based state facts sufficient to constitute cause for discipline. From any such salary due there shall be deducted compensation that the employee earned, or might reasonably have earned, during any period commencing more than six months after the initial date of the suspension. (Amended by Stats. 1994, Ch. 814, Sec. 4. Effective January 1, 1995.)
  161. 19585.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. Separations From Service [19570 - 19593] ( Heading of Chapter 7 renumbered from Chapter 8 by Stats. 1985, Ch. 794, Sec. 27. ) ## ARTICLE 1. Disciplinary Proceedings [19570 - 19589] ( Heading of Article 1 renumbered from Article 3 by Stats. 1983, Ch. 142, Sec. 55. )

    Verify source ↗

    This section lets an appointing power take certain employment actions when an employee fails to meet continuing-employment requirements, and it gives the employee notice and an appeal right.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. Separations From Service [19570 - 19593] ( Heading of Chapter 7 renumbered from Chapter 8 by Stats. 1985, Ch. 794, Sec. 27. ) ## ARTICLE 1. Disciplinary Proceedings [19570 - 19589] ( Heading of Article 1 renumbered from Article 3 by Stats. 1983, Ch. 142, Sec. 55. ) ## 19585. (a) This section shall apply to permanent and probationary employees and may be used in lieu of adverse action and rejection during probation when the only cause for action against an employee is his or her failure to meet a requirement for continuing employment, as provided in this section. This section shall not apply to cases subject to the provisions of termination or demotion for medical reasons or retirement for disability. (b) An appointing power may terminate, demote, or transfer an employee who fails to meet the requirement for continuing employment that is prescribed by the board on or after January 1, 1986, in the specification for the classification to which the employee is appointed. Notwithstanding the foregoing, as prescribed by Article 11 (commencing with Section 19991) of Chapter 1 of Part 2.6, the appointing power may grant the employee a leave of absence in lieu of one of the actions specified above. In prescribing requirements for continuing employment, the board may specify standards to ensure that the requirements are consistently applied. The board may also specify when separation from a position for failure to meet requirements for continuing employment also constitutes separation from former positions that the employee held in other classifications that have the same or greater requirements for continuing employment. (c) The federal Immigration Reform and Control Act of 1986 requires termination of an employee for failure to meet the employment eligibility requirements of that act, and if this is the only cause for action against that employee, the termination shall be carried out pursuant to this section. If a person fails to meet the employment eligibility requirements of the federal Immigration Reform and Control Act of 1986, that information, when used under this section, except for purposes of the appeals process, shall be confidential, as provided in the federal Immigration Reform and Control Act of 1986. (d) For the purposes of this section, requirements for continuing employment shall be limited to the acquisition or retention of specified licenses, certificates, registrations, or other professional qualifications, education, or eligibility for continuing employment or advancement to the fully qualified level within a particular class series. The board shall prescribe procedures to ensure that employees affected by the requirements are informed of them. Requirements for continuing employment that are established for the purposes of this section shall not include medical, physical ability, work, or academy performance standards. (e) For the purposes of this section, an employee who has filed a proper and timely application for renewal of a required license, registration, or certificate shall be considered as having maintained the license, registration, or certificate unless it is subsequently denied, revoked, or suspended. (f) The employee shall receive at least five days’ written notice of termination, demotion, or transfer and shall have the right to appeal the action to the board. (g) When the requirements for continuing employment have been regained, terminated, demoted, or transferred employees may be reinstated pursuant to Section 19140. (h) Any action under this section shall be considered nondisciplinary for the purposes of the State Civil Service Act and board rules. (i) Whenever the board revokes or modifies a termination, demotion, or transfer under this section, the board shall direct the payment of salary and benefits to the employee calculated on the same basis and using the same standards as provided in Section 19584. (Amended by Stats. 1999, Ch. 310, Sec. 18. Effective January 1, 2000.)
  162. 19586.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. Separations From Service [19570 - 19593] ( Heading of Chapter 7 renumbered from Chapter 8 by Stats. 1985, Ch. 794, Sec. 27. ) ## ARTICLE 1. Disciplinary Proceedings [19570 - 19589] ( Heading of Article 1 renumbered from Article 3 by Stats. 1983, Ch. 142, Sec. 55. )

    Verify source ↗

    A party may ask the board to rehear a decision within 30 days of service, and the board must notify the other parties and decide the petition within set deadlines.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. Separations From Service [19570 - 19593] ( Heading of Chapter 7 renumbered from Chapter 8 by Stats. 1985, Ch. 794, Sec. 27. ) ## ARTICLE 1. Disciplinary Proceedings [19570 - 19589] ( Heading of Article 1 renumbered from Article 3 by Stats. 1983, Ch. 142, Sec. 55. ) ## 19586. Within 30 days after the day a copy of the decision rendered by the board in a proceeding under this article is served by the board upon the parties to the decision, either party may petition the board for rehearing of the decision. The petition for rehearing shall be in writing and shall contain all of the grounds upon which a rehearing should be granted. Within 30 days after the filing of a petition for rehearing with the board, the board shall cause notice thereof to be served upon the other parties to the proceeding by mailing to each a copy of the petition for rehearing. The other parties to the proceeding shall have 20 calendar days from the date of service of a copy of the petition for rehearing to file with the board and serve upon the petitioner a response to the petition for rehearing. Within 90 days after service of notice of filing of a petition for rehearing, the board shall either grant or deny the petition in whole or in part. Failure to act upon a petition for rehearing within this 90-day period is a denial of the petition. (Amended by Stats. 2013, Ch. 427, Sec. 76. (AB 1062) Effective January 1, 2014.)
  163. 19587.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. Separations From Service [19570 - 19593] ( Heading of Chapter 7 renumbered from Chapter 8 by Stats. 1985, Ch. 794, Sec. 27. ) ## ARTICLE 1. Disciplinary Proceedings [19570 - 19589] ( Heading of Article 1 renumbered from Article 3 by Stats. 1983, Ch. 142, Sec. 55. )

    Verify source ↗

    If a rehearing petition is granted, the matter must be set for rehearing. If the hearing is before an authorized representative, it follows the same general procedure as the original hearing. If it is before the board, the board may take written or oral argument and decide the case on the record, with or without more evidence.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. Separations From Service [19570 - 19593] ( Heading of Chapter 7 renumbered from Chapter 8 by Stats. 1985, Ch. 794, Sec. 27. ) ## ARTICLE 1. Disciplinary Proceedings [19570 - 19589] ( Heading of Article 1 renumbered from Article 3 by Stats. 1983, Ch. 142, Sec. 55. ) ## 19587. If the petition for rehearing is granted, the matter shall be set down for rehearing by the board or its authorized representative. If the matter is set for hearing before an authorized representative, the hearing shall be conducted as to the matters on which granted in substantially the same manner and under like rules of procedure as an original hearing upon charges under this article. If the matter is set for hearing before the board itself, the board may provide the parties with an opportunity to provide written or oral argument and may decide the case upon the record, including the transcript, with or without taking additional evidence. (Amended by Stats. 1990, Ch. 478, Sec. 16.)
  164. 19588.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. Separations From Service [19570 - 19593] ( Heading of Chapter 7 renumbered from Chapter 8 by Stats. 1985, Ch. 794, Sec. 27. ) ## ARTICLE 1. Disciplinary Proceedings [19570 - 19589] ( Heading of Article 1 renumbered from Article 3 by Stats. 1983, Ch. 142, Sec. 55. )

    Verify source ↗

    Failure to file a written petition for rehearing with the board does not affect the right to petition a court for a writ of mandate or to bring or maintain related civil service actions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. Separations From Service [19570 - 19593] ( Heading of Chapter 7 renumbered from Chapter 8 by Stats. 1985, Ch. 794, Sec. 27. ) ## ARTICLE 1. Disciplinary Proceedings [19570 - 19589] ( Heading of Article 1 renumbered from Article 3 by Stats. 1983, Ch. 142, Sec. 55. ) ## 19588. The right to petition a court for writ of mandate, or to bring or maintain any action or proceeding based on or related to any civil service law of this State or the administration thereof shall not be affected by the failure to apply for rehearing by filing written petition therefor with the board. (Added by Stats. 1953, Ch. 1536.)
  165. 19589.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. Separations From Service [19570 - 19593] ( Heading of Chapter 7 renumbered from Chapter 8 by Stats. 1985, Ch. 794, Sec. 27. ) ## ARTICLE 1. Disciplinary Proceedings [19570 - 19589] ( Heading of Article 1 renumbered from Article 3 by Stats. 1983, Ch. 142, Sec. 55. )

    Verify source ↗

    Letters of reprimand must be removed from a state employee’s personnel file and destroyed within three years of issuance.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. Separations From Service [19570 - 19593] ( Heading of Chapter 7 renumbered from Chapter 8 by Stats. 1985, Ch. 794, Sec. 27. ) ## ARTICLE 1. Disciplinary Proceedings [19570 - 19589] ( Heading of Article 1 renumbered from Article 3 by Stats. 1983, Ch. 142, Sec. 55. ) ## 19589. Letters of reprimand shall be removed from the personnel file of the state employee and destroyed not later than three years from the date the letters were issued. (Added by Stats. 1983, Ch. 618, Sec. 1.)
  166. 19590.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. Separations From Service [19570 - 19593] ( Heading of Chapter 7 renumbered from Chapter 8 by Stats. 1985, Ch. 794, Sec. 27. ) ## ARTICLE 2. Tenure of Managerial Employees [19590 - 19593] ( Heading of Article 2 renumbered from Article 4 by Stats. 1985, Ch. 794, Sec. 29. )

    Verify source ↗

    Certain managerial employees can be disciplined under this section only with advance written notice, a chance to respond, and board review rights.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. Separations From Service [19570 - 19593] ( Heading of Chapter 7 renumbered from Chapter 8 by Stats. 1985, Ch. 794, Sec. 27. ) ## ARTICLE 2. Tenure of Managerial Employees [19590 - 19593] ( Heading of Article 2 renumbered from Article 4 by Stats. 1985, Ch. 794, Sec. 29. ) ## 19590. Notwithstanding Article 1 (commencing with Section 19570), persons who have been designated as managerial employees under Section 3513 from the beginning of their current appointment, but whose positions are not in the career executive category, shall hold their appointments subject to the following adverse action process: (a) The employee may be demoted, dismissed, or otherwise disciplined under this section for any of the causes specified in Section 19572, but shall not be disciplined for any cause constituting prohibited discrimination as set forth in Sections 19700 to 19703, inclusive. (b) At least 20 days prior to the effective date of the disciplinary action, the appointing power shall give the employee written notice of the proposed action setting forth the reasons for the action, the effective date of the action, the right of the employee to answer the notice orally or in writing within 10 days of receipt of notice, and the employee’s appeal rights. Within 15 days after the effective date of the disciplinary action, a copy thereof shall be filed with the board. (c) The board, at the written request of a disciplined managerial employee filed within 30 days of the employee’s receipt of the notice of the disciplinary action, may investigate with or without a hearing the reasons for the action. If the adverse action taken against the employee was a disciplinary action other than demotion or dismissal, the board shall, after the investigation or hearing, affirm, reduce, or overturn the action of the appointing power. If the adverse action taken against the employee was a demotion or dismissal from state civil service, the board shall, after the investigation or hearing and subject to Section 19592.5, affirm or reduce the action, restore the employee to the position from which he or she was demoted, or reinstate the employee to the position from which he or she was dismissed or to a position to which he or she could have transferred. The decision of the board to modify the action of the appointing power pursuant to this subdivision shall be taken only if the board determines, after investigation or hearing, that there is no substantial evidence to support the reason or reasons for disciplinary action, or that the disciplinary action was made in fraud or bad faith. In any such proceeding, the disciplined managerial employee shall have the burden of proof. Subject to rebuttal by the employee, it shall be presumed that the action was free from fraud and bad faith and that the statement of reasons in the notice of disciplinary action is true. (Amended by Stats. 1985, Ch. 794, Sec. 30.)
  167. 19590.5.

    ## 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 7. Separations From Service [19570 - 19593] ( Heading of Chapter 7 renumbered from Chapter 8 by Stats. 1985, Ch. 794, Sec. 27. ) ## ARTICLE 2. Tenure of Managerial Employees [19590 - 19593] ( Heading of Article 2 renumbered from Article 4 by Stats. 1985, Ch. 794, Sec. 29. )

    Verify source ↗

    Managerial employees with prior permanent status or at least 12 months of managerial service can be dismissed only under Article 1 procedures; otherwise, the section 19590 rule applies during the first year of 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 7. Separations From Service [19570 - 19593] ( Heading of Chapter 7 renumbered from Chapter 8 by Stats. 1985, Ch. 794, Sec. 27. ) ## ARTICLE 2. Tenure of Managerial Employees [19590 - 19593] ( Heading of Article 2 renumbered from Article 4 by Stats. 1985, Ch. 794, Sec. 29. ) ## 19590.5. Notwithstanding Section 19590, a managerial employee who, without a subsequent break in service due to a permanent separation, has previously served with permanent status in a nonmanagerial state civil service position, may be dismissed from state service only as provided in Article 1 (commencing with Section 19570). Similarly, a managerial employee who has served in a state civil service managerial position for a combined period of at least 12 months, may be dismissed from state service only as provided in Article 1 (commencing with Section 19570). Section 19590 shall apply, however, to a dismissal action against a managerial employee who does not have previous permanent status as described in this section, if the dismissal action is taken during the first year of his or her service in a state civil service managerial position or positions. (Amended by Stats. 1985, Ch. 794, Sec. 31.)
  168. 19591.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. Separations From Service [19570 - 19593] ( Heading of Chapter 7 renumbered from Chapter 8 by Stats. 1985, Ch. 794, Sec. 27. ) ## ARTICLE 2. Tenure of Managerial Employees [19590 - 19593] ( Heading of Article 2 renumbered from Article 4 by Stats. 1985, Ch. 794, Sec. 29. )

    Verify source ↗

    An employee demoted under Section 19590 has the right to be reinstated to the former civil service position, subject to Section 19140.5.

    ## 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 7. Separations From Service [19570 - 19593] ( Heading of Chapter 7 renumbered from Chapter 8 by Stats. 1985, Ch. 794, Sec. 27. ) ## ARTICLE 2. Tenure of Managerial Employees [19590 - 19593] ( Heading of Article 2 renumbered from Article 4 by Stats. 1985, Ch. 794, Sec. 29. ) ## 19591. Any employee demoted pursuant to Section 19590 shall, as specified by Section 19140.5, have the right to be reinstated to his or her former civil service position. (Added by Stats. 1982, Ch. 985, Sec. 3.)
  169. 19592.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. Separations From Service [19570 - 19593] ( Heading of Chapter 7 renumbered from Chapter 8 by Stats. 1985, Ch. 794, Sec. 27. ) ## ARTICLE 2. Tenure of Managerial Employees [19590 - 19593] ( Heading of Article 2 renumbered from Article 4 by Stats. 1985, Ch. 794, Sec. 29. )

    Verify source ↗

    When action is taken under this article, this article and related board and Department of Human Resources rules make up the full disciplinary action and review process, with certain named sections also applying consistently.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. Separations From Service [19570 - 19593] ( Heading of Chapter 7 renumbered from Chapter 8 by Stats. 1985, Ch. 794, Sec. 27. ) ## ARTICLE 2. Tenure of Managerial Employees [19590 - 19593] ( Heading of Article 2 renumbered from Article 4 by Stats. 1985, Ch. 794, Sec. 29. ) ## 19592. When action is taken under this article, the provisions of this article and related board and Department of Human Resources rules shall constitute the entire disciplinary action and review process, except that the provisions of Sections 19574.1, 19583.5, and 19584 shall also apply in a manner consistent with the provisions of this article. (Amended by Stats. 2012, Ch. 665, Sec. 75. (SB 1308) Effective January 1, 2013.)
  170. 19592.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. Separations From Service [19570 - 19593] ( Heading of Chapter 7 renumbered from Chapter 8 by Stats. 1985, Ch. 794, Sec. 27. ) ## ARTICLE 2. Tenure of Managerial Employees [19590 - 19593] ( Heading of Article 2 renumbered from Article 4 by Stats. 1985, Ch. 794, Sec. 29. )

    Verify source ↗

    During an investigation, the appointing power may place an employee on leave for up to 15 days and can end the leave with 48 hours’ written notice.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. Separations From Service [19570 - 19593] ( Heading of Chapter 7 renumbered from Chapter 8 by Stats. 1985, Ch. 794, Sec. 27. ) ## ARTICLE 2. Tenure of Managerial Employees [19590 - 19593] ( Heading of Article 2 renumbered from Article 4 by Stats. 1985, Ch. 794, Sec. 29. ) ## 19592.2. Pending investigation by the appointing power of accusations against an employee involving any of the causes for discipline specified in Section 19572, the appointing power may order the employee on leave of absence for not to exceed 15 days. The leave may be terminated by the appointing power by giving 48 hours’ notice in writing to the employee. If adverse action is not taken on or before the date the leave is terminated, the leave shall be with pay. If adverse action is taken on or before the date the leave is terminated, the adverse action may be taken retroactive to any date on or after the date the employee went on leave. The adverse action, under these circumstances, shall be valid if written notice is served upon the employee and filed with the board not later than 15 calendar days after the employee is notified of the adverse action. (Added by Stats. 1983, Ch. 801, Sec. 5.)
  171. 19592.5.

    ## 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 7. Separations From Service [19570 - 19593] ( Heading of Chapter 7 renumbered from Chapter 8 by Stats. 1985, Ch. 794, Sec. 27. ) ## ARTICLE 2. Tenure of Managerial Employees [19590 - 19593] ( Heading of Article 2 renumbered from Article 4 by Stats. 1985, Ch. 794, Sec. 29. )

    Verify source ↗

    If a managerial employee hired from outside state civil service is demoted during the first year, the employee may only move to other managerial 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 7. Separations From Service [19570 - 19593] ( Heading of Chapter 7 renumbered from Chapter 8 by Stats. 1985, Ch. 794, Sec. 27. ) ## ARTICLE 2. Tenure of Managerial Employees [19590 - 19593] ( Heading of Article 2 renumbered from Article 4 by Stats. 1985, Ch. 794, Sec. 29. ) ## 19592.5. Notwithstanding any other provisions of law, when a demotion action is taken against a managerial employee who was hired from outside of state civil service pursuant to Section 18930, and the action is taken during the first year of his or her service in a state civil service managerial position or positions, he or she may only transfer, reinstate, be reduced in class or demoted to other positions designated as managerial. (Amended by Stats. 1984, Ch. 331, Sec. 5.)
  172. 19593.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. Separations From Service [19570 - 19593] ( Heading of Chapter 7 renumbered from Chapter 8 by Stats. 1985, Ch. 794, Sec. 27. ) ## ARTICLE 2. Tenure of Managerial Employees [19590 - 19593] ( Heading of Article 2 renumbered from Article 4 by Stats. 1985, Ch. 794, Sec. 29. )

    Verify source ↗

    This section limits when the article applies to managerial appointments, and lets the appointing power choose among specified options when a new probationary period would otherwise be discretionary.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. Separations From Service [19570 - 19593] ( Heading of Chapter 7 renumbered from Chapter 8 by Stats. 1985, Ch. 794, Sec. 27. ) ## ARTICLE 2. Tenure of Managerial Employees [19590 - 19593] ( Heading of Article 2 renumbered from Article 4 by Stats. 1985, Ch. 794, Sec. 29. ) ## 19593. This article shall not apply to managerial appointments that took effect prior to January 1, 1984, or in subsequent appointments, except that it shall apply when the provisions of this part and board rule would have required the employee to serve a new probationary period in a subsequent appointment. Where service of a new probationary period would have been discretionary on the part of the appointing power, the appointing power may either apply the provisions of this article to the new appointment, or require the employee to serve the probationary period previously prescribed for the class by the State Personnel Board, or appoint the employee with no new probationary period. (Amended by Stats. 1983, Ch. 801, Sec. 7.)
  173. 19600.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 8. Demonstration Projects [19600 - 19609] ( Heading of Chapter 8 renumbered from Chapter 8.5 by Stats. 1985, Ch. 794, Sec. 32. )

    Verify source ↗

    The department may conduct and evaluate demonstration projects, directly or through agreements or contracts, if the board approves.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 8. Demonstration Projects [19600 - 19609] ( Heading of Chapter 8 renumbered from Chapter 8.5 by Stats. 1985, Ch. 794, Sec. 32. ) ## 19600. The department may, directly or through agreement or contract with one or more appointing authorities and other public and private organizations, with approval of the board, conduct and evaluate demonstration projects. Nothing in this section shall infringe upon or conflict with the merit principle as embodied in Article VII of the California Constitution, nor shall any project undertaken pursuant to this act conflict with, or infringe upon the merit principles of the civil service system. Subject to the provisions of this section, the conducting of demonstration projects shall not be limited by any lack of specific authority under this code to take the action contemplated, or by any provision of this code or any rule or regulation prescribed under this code which is inconsistent with the action, including any law or regulation relating to any of the following: (a) The methods of establishing qualification requirements for, recruitment for, and appointment to positions. (b) The methods of classifying positions and compensating employees. (c) The methods of assigning, reassigning, or promoting employees. (d) The methods of disciplining employees. (e) The methods of providing incentives to employees, including the provision of group or individual incentive bonuses or pay. (f) The hours of work per day or per week. (g) The methods of involving employees, labor organizations, and employee organizations in personnel decisions. (h) The methods of reducing overall agency staff and grade levels. (Amended by Stats. 2012, Ch. 360, Sec. 61. (SB 1309) Effective January 1, 2013.)
  174. 19600.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 8. Demonstration Projects [19600 - 19609] ( Heading of Chapter 8 renumbered from Chapter 8.5 by Stats. 1985, Ch. 794, Sec. 32. )

    Verify source ↗

    A “demonstration project” is a project approved by the board and carried out by the department or another appointed authority to test whether a change in personnel management policies or procedures would improve state personnel management.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 8. Demonstration Projects [19600 - 19609] ( Heading of Chapter 8 renumbered from Chapter 8.5 by Stats. 1985, Ch. 794, Sec. 32. ) ## 19600.1. “Demonstration project” means a project approved by the board and conducted by the department or another appointed authority to determine whether a specified change in personnel management policies or procedures would result in improved state personnel management. (Amended by Stats. 2012, Ch. 360, Sec. 62. (SB 1309) Effective January 1, 2013.)
  175. 19601.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 8. Demonstration Projects [19600 - 19609] ( Heading of Chapter 8 renumbered from Chapter 8.5 by Stats. 1985, Ch. 794, Sec. 32. )

    Verify source ↗

    A demonstration project may not authorize waivers of Chapter 10 provisions starting with Section 19680.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 8. Demonstration Projects [19600 - 19609] ( Heading of Chapter 8 renumbered from Chapter 8.5 by Stats. 1985, Ch. 794, Sec. 32. ) ## 19601. No demonstration project may provide for a waiver of any provision of Chapter 10 (commencing with Section 19680). (Added by Stats. 1980, Ch. 957.)
  176. 19602.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 8. Demonstration Projects [19600 - 19609] ( Heading of Chapter 8 renumbered from Chapter 8.5 by Stats. 1985, Ch. 794, Sec. 32. )

    Verify source ↗

    Before a demonstration project can proceed, the appointing authority must describe the proposal to the department, and the department and board must give notice and comment opportunities before 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 8. Demonstration Projects [19600 - 19609] ( Heading of Chapter 8 renumbered from Chapter 8.5 by Stats. 1985, Ch. 794, Sec. 32. ) ## 19602. (a) Before conducting or entering into any agreement or contract to conduct a demonstration project, the appointing authority proposing the project shall describe its proposal to the department, and specifically address the following factors: (1) The purposes of the project. (2) The employees affected by the project categorized by classification, occupational series, or organizational unit. (3) The number of employees affected. (4) The methodology. (5) The duration. (6) The training to be provided. (7) The anticipated costs. (8) The methodology and criteria for evaluating the project during its term and at its conclusion. (9) A specific description of any aspect of the project for which there is a lack of specific authority. (10) A specific citation to any provision of law, rule, or regulation that, if not waived under this section, would prohibit the conducting of the project, or any part of the project as proposed. (11) A specific description of the potential impact of the plan on the rights and status of the employees included within the plan, including their right of appeal. (12) Provisions for determining the status, rights, compensation, and benefits of affected employees upon the termination of the project. (b) The department shall notify employees who are likely to be affected by the project and to each house of the Legislature, at least 180 days in advance of the date any project proposed under this section is to take effect. (c) After the department reviews the proposal, it shall transmit it to the board. The board shall publish notice of the project in the California Regulatory Notice Register with notice of the board meeting or other public hearing at which the proposed adoption of the demonstration project will be considered and acted upon. The notice shall be published at least 30 days prior to the meeting or hearing. (d) The board shall provide an opportunity for written comment to the board, and oral comment at board meetings or hearings. (e) The appointing authority proposing the project shall provide to persons who have submitted comments written notice of substantive changes made to the project after the board meeting, and provide an additional 15-day period for submission of comments prior to the final adoption of the demonstration project by the board. (f) Any regulations implementing the demonstration project shall be submitted to the Office of Administrative Law for filing with the Secretary of State and publication in the California Code of Regulations. These regulations shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3). However, no regulation implementing a demonstration project shall be exempt from the act if the project limits competition in particular examinations or limits entry into particular classifications on the basis of sex, race, religious creed, color, national origin, ancestry, marital status, physical disability, mental disability, or other non-job-related factors. (g) Submit the proposed project to public hearings. (h) Obtain approval from each agency involved in the final version of the plan. (i) Provide the Legislature with a report at least 90 days in advance of the date the project is to take effect setting forth the final version of the plan as so approved. (Amended by Stats. 2012, Ch. 360, Sec. 63. (SB 1309) Effective January 1, 2013.)
  177. 19602.5.

    ## 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 8. Demonstration Projects [19600 - 19609] ( Heading of Chapter 8 renumbered from Chapter 8.5 by Stats. 1985, Ch. 794, Sec. 32. )

    Verify source ↗

    The DMV appointing authority may conduct examinations and make appointments, including competitive examinations for certain managerial and supervisory classifications, and must rank each candidate in the specified regulatory manner.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 8. Demonstration Projects [19600 - 19609] ( Heading of Chapter 8 renumbered from Chapter 8.5 by Stats. 1985, Ch. 794, Sec. 32. ) ## 19602.5. (a) Notwithstanding Section 18900, 18901, 18930, 18930.5, 18931, 18933, 18936, 18937, 18938.5, 18939, 18950, 19050, 19052, 19054, 19054.1, 19057, 19057.1, 19057.2, 19057.4, 19081, or 19101, or any other provision of law, but consistent with the merit principles of subdivision (b) of Section 1 of Article VII of the California Constitution, the Department of Motor Vehicles appointing authority may conduct examinations and make appointments, as specified by this section. The purpose of this section is to provide the Department of Motor Vehicles with greater flexibility to match candidates and managerial or supervisory jobs, at the same time resulting in an expedited selection process and cost savings to the department. (b) The Department of Motor Vehicles appointing authority may conduct competitive examinations on a position-by-position basis for specified managerial classifications and supervisory classifications as agreed to by the board in the manner described in Article 7 (commencing with Section 549.80) of Subchapter 4 of Chapter 1 of Division 1 of Title 2 of the California Code of Regulations in effect on June 27, 2001, or in any other manner approved by the board. In its exercise of authority under this subdivision pursuant to that article, the Department of Motor Vehicles appointing authority shall rank each examination candidate in the manner specified in Article 4 (commencing with Section 548.30) and Article 5 (commencing with Section 548.40) of Subchapter 2 of Chapter 1 of Division 1 of Title 2 of the California Code of Regulations. (Added by Stats. 2006, Ch. 110, Sec. 2. Effective January 1, 2007.)
  178. 19602.7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 8. Demonstration Projects [19600 - 19609] ( Heading of Chapter 8 renumbered from Chapter 8.5 by Stats. 1985, Ch. 794, Sec. 32. )

    Verify source ↗

    The Department of Transportation appointing authority may conduct certain examinations and make appointments, and must rank each examination candidate as required by the cited 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 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 8. Demonstration Projects [19600 - 19609] ( Heading of Chapter 8 renumbered from Chapter 8.5 by Stats. 1985, Ch. 794, Sec. 32. ) ## 19602.7. (a) Notwithstanding Section 18900, 18901, 18930, 18930.5, 18931, 18933, 18938.5, 18950, 19050, 19054.1, or 19057.2, or any other law, but consistent with the merit principles of subdivision (b) of Section 1 of Article VII of the California Constitution, the Department of Transportation appointing authority may conduct examinations and make appointments as specified by this section. The purpose of this section is to provide the Department of Transportation with greater flexibility to match candidates to position-specific vacancies, at the same time resulting in an expedited selection process and cost savings to the department. (b) The Department of Transportation appointing authority may conduct competitive examinations on a position-specific basis for managerial classifications as agreed to by the board in the manner described in Article 8 (commencing with Section 549.90) of Subchapter 4 of Chapter 1 of Division 1 of Title 2 of the California Code of Regulations. The Department of Transportation appointing authority shall rank each examination candidate in the manner specified in Article 4 (commencing with Section 548.30) and Article 5 (commencing with Section 548.40) of Subchapter 2 of Chapter 1 of Division 1 of Title 2 of the California Code of Regulations. (Added by Stats. 2007, Ch. 284, Sec. 2. Effective January 1, 2008.)
  179. 19602.8.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 8. Demonstration Projects [19600 - 19609] ( Heading of Chapter 8 renumbered from Chapter 8.5 by Stats. 1985, Ch. 794, Sec. 32. )

    Verify source ↗

    The Department of Forestry and Fire Protection appointing authority may run certain examinations and make appointments, including a demonstration project for position-specific competitive examinations and merit-based 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 8. Demonstration Projects [19600 - 19609] ( Heading of Chapter 8 renumbered from Chapter 8.5 by Stats. 1985, Ch. 794, Sec. 32. ) ## 19602.8. (a) Notwithstanding Section 18900, 18901, 18930, 18930.5, 18931, 18933, 18938.5, 18950, 19050, 19054.1, 19057.2, 19604, 19605, or any other law, but consistent with the merit principles of subdivision (b) of Section 1 of Article VII of the California Constitution, the Department of Forestry and Fire Protection appointing authority may conduct examinations and make appointments as specified in subdivision (b). The purpose of this section is to provide the Department of Forestry and Fire Protection with greater flexibility to match candidates to Forester Series and Forestry Assistant classification vacancies, resulting in an expedited selection process, cost avoidances to the department, and a more expedited timeframe to carry out the people’s business. (b) The appointing authority of Department of Forestry and Fire Protection may conduct a demonstration project consistent with the authority in Section 19603 for competitive examinations on a position specific basis for the Forester Series and Forestry Assistant classifications and make appointments to positions based on a merit process open to all persons meeting specific minimum qualifications as agreed to by the board. (Added by Stats. 2014, Ch. 36, Sec. 4. (SB 862) Effective June 20, 2014.)
  180. 19603.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 8. Demonstration Projects [19600 - 19609] ( Heading of Chapter 8 renumbered from Chapter 8.5 by Stats. 1985, Ch. 794, Sec. 32. )

    Verify source ↗

    Demonstration projects must end within five years of taking effect, unless extra time is needed to validate results.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 8. Demonstration Projects [19600 - 19609] ( Heading of Chapter 8 renumbered from Chapter 8.5 by Stats. 1985, Ch. 794, Sec. 32. ) ## 19603. Each demonstration project shall terminate before the end of the five-year period beginning on the date on which the project takes effect, except that the project may continue beyond the date to the extent necessary to validate the results of the project. Subject to the terms of any written agreement or contract between the department and an appointing authority, a demonstration project involving the appointing authority may be terminated by the board or the appointing authority, if either determines that the project creates a substantial hardship on, or is not in the best interests of, the public, employees, or state government. (Amended by Stats. 2012, Ch. 360, Sec. 64. (SB 1309) Effective January 1, 2013.)
  181. 19604.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 8. Demonstration Projects [19600 - 19609] ( Heading of Chapter 8 renumbered from Chapter 8.5 by Stats. 1985, Ch. 794, Sec. 32. )

    Verify source ↗

    Employees in a unit with exclusive labor recognition generally cannot be included in a demonstration project unless the agency and the organization have a written agreement.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 8. Demonstration Projects [19600 - 19609] ( Heading of Chapter 8 renumbered from Chapter 8.5 by Stats. 1985, Ch. 794, Sec. 32. ) ## 19604. Employees within a unit with respect to which a labor organization is accorded exclusive recognition shall not be included in any demonstration project unless there is a written agreement with respect to the project between the agency and the organization. (Added by Stats. 1980, Ch. 957.)
  182. 19605.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 8. Demonstration Projects [19600 - 19609] ( Heading of Chapter 8 renumbered from Chapter 8.5 by Stats. 1985, Ch. 794, Sec. 32. )

    Verify source ↗

    Certain employees may not be included in a demonstration project unless specific written agreements or good-faith meet-and-confer steps happen first.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 8. Demonstration Projects [19600 - 19609] ( Heading of Chapter 8 renumbered from Chapter 8.5 by Stats. 1985, Ch. 794, Sec. 32. ) ## 19605. (a) Supervisory employees, as defined in subdivision (g) of Section 3513, shall not be included within any demonstration project unless there are written agreements with respect to the demonstration project between the affected state agency and all verified supervisory employee organizations that represent supervisory employees covered by the demonstration project. (b) Employees within any bargaining unit with respect to which a labor organization has not been accorded exclusive recognition shall not be included within any demonstration project unless the employer first meets and confers in good faith with the employees and any employee organizations representing the employees. “Meet and confer in good faith” means that the employer and employees and employee organizations shall have the mutual obligation personally to meet and confer promptly upon request by either party and continue for a reasonable time in order to exchange freely information, opinions, and proposals, and to endeavor to reach agreement. (Amended by Stats. 1999, Ch. 357, Sec. 1. Effective January 1, 2000.)
  183. 19606.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 8. Demonstration Projects [19600 - 19609] ( Heading of Chapter 8 renumbered from Chapter 8.5 by Stats. 1985, Ch. 794, Sec. 32. )

    Verify source ↗

    The department must arrange evaluations of each demonstration project, and all agencies must help with those evaluations when practicable.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 8. Demonstration Projects [19600 - 19609] ( Heading of Chapter 8 renumbered from Chapter 8.5 by Stats. 1985, Ch. 794, Sec. 32. ) ## 19606. The department shall provide for an evaluation of the results of each demonstration project and its impact on improving public management. All agencies shall cooperate with and assist the department, to the extent practicable, in any evaluation and provide the department with requested information and reports relating to demonstration projects in their respective agencies. (Amended by Stats. 2012, Ch. 360, Sec. 65. (SB 1309) Effective January 1, 2013.)
  184. 19607.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 8. Demonstration Projects [19600 - 19609] ( Heading of Chapter 8 renumbered from Chapter 8.5 by Stats. 1985, Ch. 794, Sec. 32. )

    Verify source ↗

    Employees in demonstration projects keep their rights, except rights directly tied to the project subject matter, and they must receive their seniority and other rights when the project ends.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 8. Demonstration Projects [19600 - 19609] ( Heading of Chapter 8 renumbered from Chapter 8.5 by Stats. 1985, Ch. 794, Sec. 32. ) ## 19607. (a) Nothing in this chapter shall affect any rights of employees included within demonstration projects, except those rights directly pertaining to the subject matter of the demonstration project. (b) Pursuant to the provisions of this chapter, upon the termination of a demonstration project, employees included in such project shall be given all seniority and other rights which they would have had had they not been in a demonstration project. (Added by Stats. 1980, Ch. 957.)
  185. 19608.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 8. Demonstration Projects [19600 - 19609] ( Heading of Chapter 8 renumbered from Chapter 8.5 by Stats. 1985, Ch. 794, Sec. 32. )

    Verify source ↗

    Demonstration projects under this chapter may not adopt or waive regulations or statutes administered or enforced by the Department of Human Resources unless that department expressly approves.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 8. Demonstration Projects [19600 - 19609] ( Heading of Chapter 8 renumbered from Chapter 8.5 by Stats. 1985, Ch. 794, Sec. 32. ) ## 19608. Any demonstration project implemented under this chapter shall not include the adoption or waiver of regulations or statutes that are administered or enforced by the Department of Human Resources without the express approval of the Department of Human Resources. (Amended (as added by Stats. 1998, Ch. 91, Sec. 24) by Stats. 2012, Ch. 665, Sec. 77. (SB 1308) Effective January 1, 2013.)
  186. 19609.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 8. Demonstration Projects [19600 - 19609] ( Heading of Chapter 8 renumbered from Chapter 8.5 by Stats. 1985, Ch. 794, Sec. 32. )

    Verify source ↗

    An appointing authority in a qualifying demonstration project must file reports with the State Personnel Board, and the Board may hold a public hearing after receiving one.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 8. Demonstration Projects [19600 - 19609] ( Heading of Chapter 8 renumbered from Chapter 8.5 by Stats. 1985, Ch. 794, Sec. 32. ) ## 19609. (a) For a demonstration project made permanent pursuant to legislation operative on or after January 1, 2008, an appointing authority participating in the demonstration project shall file a report on all aspects of the demonstration project with the State Personnel Board. The report shall include, but not be limited to, all of the following: (1) The number of applicants. (2) The number of applicants that were hired. (3) The cost of the hiring process. (4) The number and nature of examination appeals. (5) The length of time to complete the hiring and testing process. (b) For a three-year period from the date that the demonstration project becomes permanent, the appointing authority shall file the report described in subdivision (a) on an annual basis. After the expiration of the three-year period, the appointing authority shall file a report if a report is requested by the State Personnel Board. (c) When the board receives a report described in this section, the board may hold a public hearing to provide for the exchange of information and an opportunity for public comment about the demonstration project that is the subject of the report. (Amended by Stats. 2012, Ch. 360, Sec. 66. (SB 1309) Effective January 1, 2013.)
  187. 19630.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 9. Actions [19630 - 19635] ( Chapter 9 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    This section sets filing deadlines for civil-service-related actions and writ petitions, and bars compensation for time after the claim arose unless the action is filed and served within 90 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 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 9. Actions [19630 - 19635] ( Chapter 9 added by Stats. 1945, Ch. 123. ) ## 19630. An action or proceeding shall not be brought by any person having or claiming to have a cause of action or complaint or ground for issuance of any complaint or legal remedy for wrongs or grievances based on or related to any civil service law in this state, unless that action or proceeding is commenced and served within one year after the cause of action or complaint or ground for issuance of any writ or legal remedy first arose. The person shall not be compensated for the time subsequent to the date when the cause or ground arose unless that action or proceeding is filed and served within 90 days after the cause or ground first arose. Any petition for a writ challenging a decision of the board shall be filed within six months of the date of the final decision of the board. This section shall not be applicable to any action or proceeding for the collection of salary or wage, the amount of which is not disputed by the state agency owing that salary or wage. (Amended by Stats. 2013, Ch. 427, Sec. 77. (AB 1062) Effective January 1, 2014.)
  188. 19631.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 9. Actions [19630 - 19635] ( Chapter 9 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    Deadlines for filing or starting an action do not run while the matter is before the board on the person’s petition and the board has not yet taken final action.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 9. Actions [19630 - 19635] ( Chapter 9 added by Stats. 1945, Ch. 123. ) ## 19631. The time for filing or commencing any such action or proceeding does not run during any time that the matter involved, including layoff appeals, is before the board pursuant to petition of the person involved, and final action has not been taken thereon by the board. (Added by Stats. 1945, Ch. 123.)
  189. 19632.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 9. Actions [19630 - 19635] ( Chapter 9 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    Process in covered actions must be served on the Office of the Chief Counsel of 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 9. Actions [19630 - 19635] ( Chapter 9 added by Stats. 1945, Ch. 123. ) ## 19632. Process directed to any officer or employee, or the board or its members, in any action or proceeding arising under this part shall be served upon the office of the Chief Counsel of the board. (Amended by Stats. 1989, Ch. 103, Sec. 15.)
  190. 19633.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 9. Actions [19630 - 19635] ( Chapter 9 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    In certain Section 1094.5 proceedings, the real party in interest must bear costs or attorney’s fees awarded to the petitioner, rather than the board, unless there is no real party in interest.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 9. Actions [19630 - 19635] ( Chapter 9 added by Stats. 1945, Ch. 123. ) ## 19633. In any proceeding brought pursuant to Section 1094.5 of the Code of Civil Procedure for the purpose of inquiring into the validity of any final administrative order or decision by the board, an award of costs or attorney’s fees or both to the petitioner shall be borne by the real party in interest and shall not be assessed against the board, unless there is no real party in interest. This section may not be construed to authorize an award of attorney’s fees. (Added by renumbering Section 19632 (as added by Stats. 2000, Ch. 1048) by Stats. 2007, Ch. 130, Sec. 119.5. Effective January 1, 2008.)
  191. 19635.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 9. Actions [19630 - 19635] ( Chapter 9 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    An adverse action against a state employee is not valid unless notice is served within three years after the discipline cause first arose.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 9. Actions [19630 - 19635] ( Chapter 9 added by Stats. 1945, Ch. 123. ) ## 19635. No adverse action shall be valid against any state employee for any cause for discipline based on any civil service law of this state, unless notice of the adverse action is served within three years after the cause for discipline, upon which the notice is based, first arose. Adverse action based on fraud, embezzlement, or the falsification of records shall be valid, if notice of the adverse action is served within three years after the discovery of the fraud, embezzlement, or falsification. (Amended by Stats. 1990, Ch. 478, Sec. 17.)
  192. 19680.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 10. Prohibitions and Offenses [19680 - 19765] ( Chapter 10 added by Stats. 1945, Ch. 123. ) ## ARTICLE 1. General [19680 - 19683.5] ( Article 1 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    Any person must not willfully interfere with civil service examinations, applications, or employment rights, falsify examination or standing information, or share secret information to affect a candidate’s chances.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 10. Prohibitions and Offenses [19680 - 19765] ( Chapter 10 added by Stats. 1945, Ch. 123. ) ## ARTICLE 1. General [19680 - 19683.5] ( Article 1 added by Stats. 1945, Ch. 123. ) ## 19680. It is unlawful for any person: (a) Willfully by himself or herself, or in cooperation with another person to defeat, deceive, or obstruct any person with respect to his or her right of examination, application, or employment under this part or rule. (b) Willfully and falsely to mark, grade, estimate, or report upon the examination or proper standing of any person examined or certified under this part or rule, or to aid in so doing, or make any false representation concerning the same or the person examined. (c) Willfully to furnish to any person any special or secret information for the purpose of either improving or injuring the prospects or chances of any person examined, certified, or to be examined or certified under this part or rule. (Amended by Stats. 2013, Ch. 427, Sec. 78. (AB 1062) Effective January 1, 2014.)
  193. 19681.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 10. Prohibitions and Offenses [19680 - 19765] ( Chapter 10 added by Stats. 1945, Ch. 123. ) ## ARTICLE 1. General [19680 - 19683.5] ( Article 1 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    Any person is prohibited from using deception about identity in examination-related matters, obtaining or using exam questions or materials without specific authorization, or using unfair means to make an eligible person waive rights 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 10. Prohibitions and Offenses [19680 - 19765] ( Chapter 10 added by Stats. 1945, Ch. 123. ) ## ARTICLE 1. General [19680 - 19683.5] ( Article 1 added by Stats. 1945, Ch. 123. ) ## 19681. It is unlawful for any person: (a) To practice any deception or fraud with regard to his identity in connection with any examination, application, or request to be examined. (b) To obtain examination questions or other examination material except by specific authorization either before, during, or after an examination or use or purport to use any such examination questions or materials for the purpose of instructing or coaching or preparing candidates for examinations. (c) To use any unfair means to cause or attempt to cause any eligible to waive any rights obtained under this part. (Amended by Stats. 1953, Ch. 431.)
  194. 19682.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 10. Prohibitions and Offenses [19680 - 19765] ( Chapter 10 added by Stats. 1945, Ch. 123. ) ## ARTICLE 1. General [19680 - 19683.5] ( Article 1 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    Violating any provision of this chapter is a misdemeanor, and certain officials may take action or file charges against a state employee who violates the chapter.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 10. Prohibitions and Offenses [19680 - 19765] ( Chapter 10 added by Stats. 1945, Ch. 123. ) ## ARTICLE 1. General [19680 - 19683.5] ( Article 1 added by Stats. 1945, Ch. 123. ) ## 19682. Every person who violates any provision of this chapter is guilty of a misdemeanor. In accordance with Section 19683, action may be taken by the appointing power, the department, or the executive officer of the board may file charges, against a state employee who violates any provisions of this chapter. (Amended by Stats. 2013, Ch. 427, Sec. 79. (AB 1062) Effective January 1, 2014.)
  195. 19683.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 10. Prohibitions and Offenses [19680 - 19765] ( Chapter 10 added by Stats. 1945, Ch. 123. ) ## ARTICLE 1. General [19680 - 19683.5] ( Article 1 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    The State Personnel Board must act on whistleblower retaliation complaints quickly, and related officials must complete findings, notify parties, and follow set deadlines.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 10. Prohibitions and Offenses [19680 - 19765] ( Chapter 10 added by Stats. 1945, Ch. 123. ) ## ARTICLE 1. General [19680 - 19683.5] ( Article 1 added by Stats. 1945, Ch. 123. ) ## 19683. (a) The State Personnel Board shall initiate a hearing or investigation of a written complaint of conduct prohibited by Section 8547.3 within 10 working days of its submission. The executive officer shall complete findings of the hearing or investigation within 60 working days thereafter, and shall provide a copy of the findings to the complaining state employee or applicant for state employment and to the appropriate supervisor, manager, employee, or appointing authority. When the allegations contained in a complaint of reprisal or retaliation are the same as, or similar to, those contained in another appeal, the executive officer may consolidate the appeals into the most appropriate format. In these cases, the time limits described in this subdivision shall not apply. The board shall render its decision on the consolidated matter within a reasonable time after the conclusion of the hearing or investigation, except that the period shall not exceed six months from the date of the order of consolidation unless extended by the board for a period of not more than 45 additional days from the expiration of the six-month period. (b) If the executive officer finds that the supervisor, manager, employee, or appointing power retaliated against the complainant for engaging in protected whistleblower activities, the supervisor, manager, employee, or appointing power may request a hearing before the State Personnel Board regarding the findings of the executive officer. The request for hearing and any subsequent determination by the board shall be made in accordance with the board’s normal rules governing appeals, hearings, investigations, and disciplinary proceedings. (c) If, after the hearing, the State Personnel Board determines that a violation of Section 8547.3 occurred, or if no hearing is requested and the findings of the executive officer conclude that improper activity has occurred, the board may order any appropriate relief, including, but not limited to, reinstatement, backpay, restoration of lost service credit, if appropriate, compensatory damages, and the expungement of any adverse records of the state employee or applicant for state employment who was the subject of the alleged acts of misconduct prohibited by Section 8547.3. (d) Whenever the board determines that a manager, supervisor, or employee, who is named a party to the retaliation complaint, has violated Section 8547.3 and that violation constitutes legal cause for discipline under one or more subdivisions of Section 19572, it shall impose a just and proper penalty and cause an entry to that effect to be made in the manager’s, supervisor’s, or employee’s official personnel records. (e) Whenever the board determines that a manager, supervisor, or employee, who is not named a party to the retaliation complaint, may have engaged in or participated in any act prohibited by Section 8547.3, the board shall notify the manager’s, supervisor’s, or employee’s appointing power of that fact in writing. Within 60 days after receiving the notification, the appointing power shall either serve a notice of adverse action on the manager, supervisor, or employee, or set forth in writing its reasons for not taking adverse action against the manager, supervisor, or employee. The appointing power shall file a copy of the notice of adverse action with the board in accordance with Section 19574. If the appointing power declines to take adverse action against the manager, supervisor, or employee, it shall submit its written reasons for not doing so to the board, which may take adverse action against the manager, supervisor, or employee as provided in Section 19583.5. A manager, supervisor, or employee who is served with a notice of adverse action pursuant to this section may file an appeal with the board in accordance with Section 19575. (f) In order for the Governor and the Legislature to determine the need to continue or modify state personnel procedures as they relate to the investigations of reprisals or retaliation for the disclosure of information by public employees, the State Personnel Board, by June 30 of each year, shall submit a report to the Governor and the Legislature regarding complaints filed, hearings held, and legal actions taken pursuant to this section. (Amended by Stats. 2013, Ch. 781, Sec. 3. (SB 496) Effective January 1, 2014.)
  196. 19683.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 10. Prohibitions and Offenses [19680 - 19765] ( Chapter 10 added by Stats. 1945, Ch. 123. ) ## ARTICLE 1. General [19680 - 19683.5] ( Article 1 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    The State Personnel Board must help the State Auditor by giving a written explanation of the board’s role in investigating retaliation claims involving state employees who reported improper governmental activity.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 10. Prohibitions and Offenses [19680 - 19765] ( Chapter 10 added by Stats. 1945, Ch. 123. ) ## ARTICLE 1. General [19680 - 19683.5] ( Article 1 added by Stats. 1945, Ch. 123. ) ## 19683.1. The State Personnel Board shall assist the State Auditor in preparing the written explanation required by Section 8548.1 by providing the State Auditor with a written explanation of the board’s role in investigating a claim that a state employee has been subject to retaliation as a result of reporting improper governmental activity. (Added by Stats. 2001, Ch. 883, Sec. 7. Effective January 1, 2002.)
  197. 19683.5.

    ## 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 10. Prohibitions and Offenses [19680 - 19765] ( Chapter 10 added by Stats. 1945, Ch. 123. ) ## ARTICLE 1. General [19680 - 19683.5] ( Article 1 added by Stats. 1945, Ch. 123. )

    Verify source ↗

    If a state employee wins an action under Section 19683, the complaining employee must be reimbursed for all costs under Section 995.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 10. Prohibitions and Offenses [19680 - 19765] ( Chapter 10 added by Stats. 1945, Ch. 123. ) ## ARTICLE 1. General [19680 - 19683.5] ( Article 1 added by Stats. 1945, Ch. 123. ) ## 19683.5. If a state employee is successful in an action brought pursuant to Section 19683, the complaining employee shall be reimbursed for all costs incurred pursuant to Section 995.3. (Added by Stats. 1984, Ch. 1212, Sec. 8.)
  198. 19700.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 10. Prohibitions and Offenses [19680 - 19765] ( Chapter 10 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Discrimination [19700 - 19706] ( Article 2 added by Stats. 1945, Ch. 123. )

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    The board, its executive officer, or any appointing power must not adopt a written or unwritten rule that bars otherwise qualified people from state positions just because of age, except as allowed by Section 18932.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 10. Prohibitions and Offenses [19680 - 19765] ( Chapter 10 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Discrimination [19700 - 19706] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 19700. The board, its executive officer, or any appointing power shall not adopt any rule, either written or unwritten, prohibiting the employment of any person in any state position who is otherwise qualified therefor, solely because of his or her age, except as provided in Section 18932. (Amended by Stats. 1990, Ch. 478, Sec. 18.)
  199. 19701.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 10. Prohibitions and Offenses [19680 - 19765] ( Chapter 10 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Discrimination [19700 - 19706] ( Article 2 added by Stats. 1945, Ch. 123. )

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    This section bars discrimination based on blindness and limits state employment decisions based on color vision differences, except where normal eyesight is essential or a bona fide occupational qualification is established.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 10. Prohibitions and Offenses [19680 - 19765] ( Chapter 10 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Discrimination [19700 - 19706] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 19701. A person shall not be discriminated against under this part because of total or partial blindness unless normal eyesight is absolutely indispensable to do the physical acts to be performed. It shall be an unlawful employment practice, unless based upon a bona fide occupational qualification as determined by a validation study conducted by the Department of Human Resources, for the state to refuse to hire, employ, promote, or select for a training program leading to employment, or to discriminate in compensation or in terms or privileges of employment because of color vision anomaly or defect, commonly known as color blindness or color weakness, in the vision of any person. (Amended by Stats. 2012, Ch. 360, Sec. 67. (SB 1309) Effective January 1, 2013.)
  200. 19702.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 10. Prohibitions and Offenses [19680 - 19765] ( Chapter 10 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Discrimination [19700 - 19706] ( Article 2 added by Stats. 1945, Ch. 123. )

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    State civil service employees are protected from disability-based discrimination and retaliation, and complaints must follow board procedures.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 10. Prohibitions and Offenses [19680 - 19765] ( Chapter 10 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Discrimination [19700 - 19706] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 19702. (a) A person shall not be discriminated against in the terms, conditions, and privileges of his or her employment with the state under this section based on his or her medical condition, mental disability, or physical disability as those terms are defined in subdivisions (i), (j), and (l) of Section 12926. A person shall not be retaliated against because he or she has opposed any practice made an unlawful employment practice, or made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this section. (b) For purposes of this article, “discrimination” includes harassment. (c) (1) Except as otherwise provided in paragraph (2), if the board finds that discrimination has occurred in violation of subdivision (a) of this section, the board shall issue and cause to be served on the appointing authority an order requiring the appointing authority to cause the discrimination to cease and desist and to take any action, including, but not limited to, hiring, reinstatement, or upgrading of employees, with or without backpay, and compensatory damages, which, in the judgment of the board, will effectuate the purposes of this section. Consistent with this authority, the board may establish rules governing the award of compensatory damages. The order may include a requirement of reporting the manner of compliance. (2) Notwithstanding paragraph (1), this paragraph applies to state employees in State Bargaining Unit 6 or 8. If the board finds that discrimination has occurred in violation of subdivision (a) of this section, the board shall issue and cause to be served on the appointing authority an order requiring the appointing authority to cause the discrimination to cease and desist and to take any action, including, but not limited to, hiring, reinstatement, or upgrading of employees, with or without backpay, adding additional seniority, and compensatory damages, which, in the judgment of the board, will effectuate the purposes of this section. Consistent with this authority, the board may establish rules governing the award of compensatory damages. The order may include a requirement of reporting the manner of compliance. (d) Any person claiming discrimination based upon medical condition, mental disability, or physical disability within the state civil service may submit a written complaint with the appointing authority that states the particulars of the alleged discrimination. The written complaint shall be filed with the appointing authority within one year of the alleged discrimination or the failure to act. Any person claiming discrimination based upon medical condition, mental disability, or physical disability may file a complaint of discrimination with the board subsequent to lodging a complaint with the appointing authority. Complaints of discrimination filed with the board shall satisfy and comply with board rules. (e) If an employee of the appointing authority refuses, or threatens to refuse, to cooperate in the investigation of a complaint of discrimination under subdivision (a) of this section, the appointing authority may seek assistance from the board. The board may provide for direct investigation or hearing of the complaint, the use of subpoenas, or any other action that will effectuate the purpose of this section. (f) If a person demonstrates by a preponderance of the evidence that the person’s opposition to any practice made an unlawful employment practice under this section, or the person’s charging, testifying, assisting, or participation in any manner in an investigation, proceeding, or hearing under this section, was a contributing factor in any adverse employment action taken against him or her, the burden of proof shall be on the supervisor, manager, employee, or appointing power to demonstrate by clear and convincing evidence that the alleged adverse employment action would have occurred for legitimate, independent reasons even if the person had not engaged in activities protected under this section. If the supervisor, manager, employee, or appointing power fails to meet this burden of proof in any administrative review, challenge, or adjudication in which retaliation has been demonstrated to be a contributing factor, the person shall have a complete affirmative defense to the adverse employment action. (g) As used in this section, “adverse employment action” includes promising to confer, or conferring, any benefit, effecting, or threatening to effect, any reprisal, or taking, or directing others to take, or recommending, processing, or approving, any personnel action, including, but not limited to, appointment, promotion, transfer, assignment, performance evaluation, suspension, or other disciplinary action. (Repealed and added by Stats. 2012, Ch. 360, Sec. 69. (SB 1309) Effective January 1, 2013.)

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