Article 1. General of California Government Code >> Division 5. >> Title 2. >> Part 2. >> Chapter 5. >> Article 1.
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.
(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) For purposes of this section, and all related rules, the
California City Correctional Center in California City is an agency
or jurisdiction for the duration of the two-year period described in
Section 19050.8.
(c) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
(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.
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.
A transfer may be accomplished without examination
pursuant to rule. The department or appointing authority may require
an employee to demonstrate in an examination that he or she possesses
any additional or different requirements that are included in the
minimum qualifications of the class to which the employee is
transferring.
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.
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.
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) For the duration of a temporary assignment or loan not to
exceed two years, for the purposes of this section and all related
rules, the California City Correctional Center in California City,
which provides services equivalent to the core governmental function
of incarcerating inmates, shall be considered an agency or
jurisdiction.
(e) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
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.
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.
No person shall be appointed under a class not appropriate
to the duties to be performed.
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.
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.
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, ranked in relative order of the examination score
received and for purposes of preference in certifying eligibles the
list shall be considered an eligible list.
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.
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.
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.
Except for reemployment lists, State Restriction of
Appointment lists, and Limited Examination and Appointment Program
referral lists, there shall be certified to the appointing power the
names and addresses of all those eligibles whose scores, at the time
of certification, represent the three highest ranks on the employment
list for the class, and who have indicated their willingness to
accept appointment under the conditions of employment specified.
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.
Fractional examination scores shall be provided to, and used by,
the Department of the California Highway Patrol for its peace officer
classes.
The department may, consistent with board rules, provide for
certifying less than three ranks where the size of the certified
group is disproportionate to the number of vacancies.
(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) The department may, consistent with board rules, provide for
certifying less than three ranks where the size of the certified
group is disproportionate to the number of vacancies.
(e) 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.
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.
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.
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.
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.
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.
The department may establish eligibility requirements
governing movement of employees between full-time, part-time, and
intermittent positions.