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Article 1.5. Policy And Audit of California Government Code >> Division 5. >> Title 2. >> Part 2. >> Chapter 2. >> Article 1.5.
Pursuant to Section 3 of Article VII of the California
Constitution, the board shall establish rules implementing and
enforcing the merit principle in the state civil service system.
(a) The board may conduct an audit of any appointing
authority's personnel practices to ensure compliance with the civil
service laws and board regulations. The board may audit selection and
examination procedures, appointments, promotions, the management of
probationary periods, personal services contracts, discipline and
adverse actions, or any other area related to the operation of merit
principle in state civil service.
(b) When conducting an audit, the board may inspect documents, policies, practices, and procedures of the appointing authority relating to its personnel practices and interview appointing authority staff and witnesses regarding the subject of the audit. Failure by an appointing authority to cooperate with an audit may result in corrective action.
(c) Upon completion of the audit, the board may provide a report to the appointing authority and the department, identifying any deficiencies in the appointing authority's personnel practices, policies, and procedures.
(d) If the board finds an appointing authority deficient in personnel practices, policies, and procedures, the appointing authority shall be subject to corrective action. The board may order remedies including, but not limited to, any or all of the following:
(1) Revocation or modification of the terms of the delegation agreement between the appointing authority and the department.
(2) That the appointing authority compensate the department for the actual and necessary cost of any and all of the personnel functions the department performs and training and supervision the department provides on behalf of the appointing authority, either permanently or for a specified term.
(3) Void examinations administered by the appointing authority, abolish eligibility lists, and void appointments made therefrom.
(4) Seek approval from the Department of Finance for redirection to the department of a sufficient number of the appointing authority' s positions to perform all personnel related functions formerly performed by the appointing authority.
(b) When conducting an audit, the board may inspect documents, policies, practices, and procedures of the appointing authority relating to its personnel practices and interview appointing authority staff and witnesses regarding the subject of the audit. Failure by an appointing authority to cooperate with an audit may result in corrective action.
(c) Upon completion of the audit, the board may provide a report to the appointing authority and the department, identifying any deficiencies in the appointing authority's personnel practices, policies, and procedures.
(d) If the board finds an appointing authority deficient in personnel practices, policies, and procedures, the appointing authority shall be subject to corrective action. The board may order remedies including, but not limited to, any or all of the following:
(1) Revocation or modification of the terms of the delegation agreement between the appointing authority and the department.
(2) That the appointing authority compensate the department for the actual and necessary cost of any and all of the personnel functions the department performs and training and supervision the department provides on behalf of the appointing authority, either permanently or for a specified term.
(3) Void examinations administered by the appointing authority, abolish eligibility lists, and void appointments made therefrom.
(4) Seek approval from the Department of Finance for redirection to the department of a sufficient number of the appointing authority' s positions to perform all personnel related functions formerly performed by the appointing authority.
(a) The board shall determine the total annual cost
associated with the board's audit authority. The board shall recover
costs by billing appointing authorities in accordance with
subdivision (b).
(b) (1) Except as specified in paragraph (2), an appointing authority shall be charged annually a proportional share of audit costs, based on criteria determined by the board.
(2) An appointing authority may elect to be charged for costs in arrears incurred by the board for auditing the appointing authority's personnel practices. Charges in arrears shall be on a basis as determined by the board. An election pursuant to this paragraph shall be made only within a period determined by the board.
(c) The board shall also determine the costs associated with any special investigations conducted by the board. The board shall recover those costs by charging an appointing authority in arrears, on a basis as determined by the board, for any special investigation conducted by the board.
(d) Pursuant to Section 11255, the Controller shall transfer to the board any moneys owed to the board by any appointing authority for charges due under this section.
(e) On or before October 1, 2014, and every October 1 thereafter, the board shall report to the Chairperson of the Joint Legislative Budget Committee the audit and special investigation activities of the board pursuant to this article from the preceding fiscal year. The board shall include in the report the following information:
(1) A summary of each audit and special investigation, including findings.
(2) The number and total cost of audits and special investigations, by department.
(b) (1) Except as specified in paragraph (2), an appointing authority shall be charged annually a proportional share of audit costs, based on criteria determined by the board.
(2) An appointing authority may elect to be charged for costs in arrears incurred by the board for auditing the appointing authority's personnel practices. Charges in arrears shall be on a basis as determined by the board. An election pursuant to this paragraph shall be made only within a period determined by the board.
(c) The board shall also determine the costs associated with any special investigations conducted by the board. The board shall recover those costs by charging an appointing authority in arrears, on a basis as determined by the board, for any special investigation conducted by the board.
(d) Pursuant to Section 11255, the Controller shall transfer to the board any moneys owed to the board by any appointing authority for charges due under this section.
(e) On or before October 1, 2014, and every October 1 thereafter, the board shall report to the Chairperson of the Joint Legislative Budget Committee the audit and special investigation activities of the board pursuant to this article from the preceding fiscal year. The board shall include in the report the following information:
(1) A summary of each audit and special investigation, including findings.
(2) The number and total cost of audits and special investigations, by department.
