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Chapter 8. Demonstration Projects of California Government Code >> Division 5. >> Title 2. >> Part 2. >> Chapter 8.
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.
(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.
"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.
No demonstration project may provide for a waiver of any
provision of Chapter 10 (commencing with Section 19680).
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
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.
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.
(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.
(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.
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.
(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.
(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.
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.
(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.
(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.
