Bill Text: CA AB1062 | 2013-2014 | Regular Session | Chaptered
Bill Title: Human resources.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2013-09-30 - Chaptered by Secretary of State - Chapter 427, Statutes of 2013. [AB1062 Detail]
Download: California-2013-AB1062-Chaptered.html
BILL NUMBER: AB 1062 CHAPTERED
BILL TEXT
CHAPTER 427
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2013
APPROVED BY GOVERNOR SEPTEMBER 30, 2013
PASSED THE SENATE AUGUST 26, 2013
PASSED THE ASSEMBLY AUGUST 30, 2013
AMENDED IN SENATE AUGUST 19, 2013
AMENDED IN SENATE JULY 11, 2013
AMENDED IN SENATE JUNE 26, 2013
AMENDED IN ASSEMBLY APRIL 15, 2013
INTRODUCED BY Assembly Member Jones-Sawyer
FEBRUARY 22, 2013
An act to amend Section 17604 of the Family Code, to amend
Sections 7299.4, 7299.5, 18502, 18525.3, 18527, 18528, 18532.1,
18533, 18540, 18544, 18575, 18654, 18654.5, 18655, 18661, 18670,
18671.1, 18672, 18674, 18676, 18681, 18682, 18804, 18900, 18900.5,
18900.6, 18903, 18931, 18933, 18934, 18936, 18937, 18938.6, 18950,
18950.1, 18951, 18975, 18976, 19050.4, 19057.1, 19057.2, 19058,
19059, 19062.5, 19082, 19101, 19140, 19140.5, 19141.1, 19143, 19170,
19200, 19253, 19253.5, 19257.5, 19400, 19401, 19402, 19403, 19405,
19574.2, 19582, 19586, 19630, 19680, 19682, 19703, 19763, 19764,
19770, 19775, 19775.1, 19775.8, 19775.9, 19776, 19786, 19793, 19798,
19800, 19801, 19802, 19802.5, 19803, 19804, 19805, 19806, 19807,
19808, 19809, 19815, 19815.6, 19816.6, 19816.12, 19818.14, 19822.5,
and 19822.7 of, to add Section 19811 to, to repeal Sections 18538.1,
18807, 18972, 19583.51, 19816, 19818.2, 19818.4, and 19889.4 of, and
to repeal and add Sections 18935, 18940, 18941, and 19052 of, the
Government Code, and to amend Section 13601 of the Penal Code, to
amend Sections 10605 and 10801 of the Welfare and Institutions Code,
relating to human resources.
LEGISLATIVE COUNSEL'S DIGEST
AB 1062, Jones-Sawyer. Human resources.
Existing law provides that the Department of Human Resources
succeeds to and is vested with all of the powers and duties exercised
and performed by the Department of Personnel Administration and
powers, duties, and authorities necessary to operate the state civil
service system in accordance with Article VII of the California
Constitution, the Government Code, the merit principle, and
applicable rules duly adopted by the State Personnel Board.
This bill would transfer certain functions and duties of the board
to the department. The bill would also designate the department to
share certain functions and duties with the board. The bill would
make other related changes.
Existing law, with regard to the civil service, requires the
appointing power to provide service of notice of certain actions,
including a disciplinary action, a rejection during probation, a
medical action, and various termination actions, by personal service
or by mail or express service carrier, pursuant to a specified
process.
The bill would modify the above-mentioned process by deleting
certain requirements and would instead require service to be
conducted in the manner provided in specified provisions of the Code
of Civil Procedure that relate to service of process.
Existing law authorizes the State Personnel Board to hold hearings
and make investigations concerning all matters relating to the
enforcement and effect of the State Civil Service Act, as specified.
Existing law prohibits the board from holding hearings and making
investigations on certain disciplinary matters relating to state
employees in State Bargaining Unit 5.
This bill would delete the above-mentioned prohibition.
Existing law requires, among other things, the board to render its
decision within a reasonable time after the conclusion of a hearing
or investigation, except that the period from the filing of the
petition to the decision of the board cannot exceed 6 months or 90
days from the time of the submission, whichever time period is less,
and except that the board may extend the 6-month period up to 45
additional days.
This bill would instead require the board to reach a decision
within 6 months and would delete the board's authorization to extend
the 6-month period by 45 additional days.
Existing law requires the State Personnel Board, by resolution, to
define the term "salary step" for the purpose of administering civil
service laws and rules that control movement of employees between
classifications subject to specified requirements.
This bill would repeal these provisions.
Existing law authorizes the State Personnel Board to require
various types of documentary evidence in establishing minimum
qualifications for determining the identity, fitness, and
qualifications of employees for each class of position in the state
civil service, for temporary appointments, and for applicants for
examination.
This bill would revise these provisions and would additionally
require, 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, that the department or the
designated appointing authority undertake the screening subject to
the applicant's right to appeal to the board.
Existing law authorizes the department to refuse to examine or,
after examination, to refuse to declare as eligible, or to withhold
or withdraw from certification, prior to appointment, anyone who,
among other things, is physically or mentally so disabled as to be
rendered unfit to perform the duties of the position to which he or
she seeks appointment or who is addicted to the use of controlled
substances.
This bill would instead authorize the department or a designated
appointing power to refuse to examine, or after examination to refuse
to declare as eligible, or to withhold or withdraw from an eligible
list, before the appointment, anyone who, among other things, was
found to be unsuited or not qualified for employment pursuant to
rule.
Existing law authorizes an applicant for state employment to elect
to avail himself or herself of a specified procedure to take an
examination on a different date when the examination is scheduled to
be given during the period from sundown on a Friday until sundown on
the following day, and it is the practice of an applicant, based upon
his or her religious convictions, to observe the Sabbath during that
period.
This bill would repeal these provisions and would instead
authorize any applicant for examination to request reasonable
accommodation for a disability or sincerely held religious belief
pursuant to the Fair Employment and Housing Act or any other
applicable law.
Existing law requires the board to provide, by rule, for the grant
of a blanket waiver of a requirement that would allow a dismissed
employee who meets standards to be determined by the board to apply
for any civil service examination so that he or she would not need a
separate waiver for each examination.
This bill would repeal these provisions. The bill would authorize
any former state employee who was dismissed from state service, as
specified, to petition the department to be permitted to take a civil
service examination in order to establish eligibility for
appointment to state service, as specified.
Existing law requires the appointing power to submit to the
department, in accordance with board rules, a statement of the duties
of the position, the necessary and desired qualifications of the
person to be appointed, and a request that the names of persons
eligible for appointment to the position be certified whenever a
vacancy in any position is to be filled and not by transfer,
demotion, or reinstatement.
This bill would instead require the appointing power to 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.
Existing law permits 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 State Personnel Board of the appointing power, to file
charges against a state employee in State Bargaining Unit 5
requesting that adverse action be taken for one or more causes for
discipline, as specified.
This bill would repeal these provisions.
Existing law requires the board to either grant or deny a petition
for rehearing a decision within 60 days after service of notice of
filing the petition for rehearing.
This bill would instead require the board to either grant or deny
a petition within 90 days.
Existing law prohibits a person from bringing a cause of action of
any type, as specified, based on or related to any civil service law
in this state, or the administration thereof, unless that action is
commenced and served within one year after the cause of action first
arose. Existing law also provides that where an appeal is taken from
a decision of the board, the cause of action does not arise until the
final decision of the board has been issued.
This bill would instead require any petition for a writ
challenging a decision of the board to be filed within 6 months of
the date of the final decision of the board.
Existing law establishes certain rights and benefits that accrue
to civil service employees during and after leave for military
service, including, but not limited to, appointment and reinstatement
rights. Existing law requires that both the State Personnel Board
and the Department of Human Resources be responsible for carrying out
certain provisions related to leave for military service.
This bill would delete the provisions that require both the State
Personnel Board and the Department of Human Resources to be
responsible for carrying out certain provisions related to leave for
military service.
Existing law authorizes the board, for specific state services or
employments, in examination to allow general or individual preference
in ratings to veterans who have suffered permanent disability in the
line of duty, if the disability will not prevent the proper
performance of the duties required under the service or employment,
and if the disability is of record in the files of the United States
Veterans' Administration.
This bill would repeal those provisions.
Existing law requires the State Personal Board to submit a census
report to the Governor, the Legislature, and the Department of
Finance that includes, among other things, demographic information on
employees in the state civil service, as specified, and information
to the Legislature on laws that discriminate or have the effect of
discriminating on the basis of race, ethnicity, gender, and
disability.
This bill would instead require the department to either submit
the report to the Governor, the Legislature, and the Department of
Finance or to post the data on its Internet Web site. The bill would
also delete the requirement that the report include, among other
things, identified underutilizations, steps taken to ensure equal
employment opportunity in the state civil service, and information to
the Legislature on laws that discriminate or have the effect of
discriminating on the basis of race, ethnicity, gender, and
disability.
Existing law provides that the department succeeds to and is
vested with the duties, purposes, responsibilities, and jurisdiction
exercised by the California Victim Compensation and Government Claims
Board, the Department of General Services, and the Department of
Finance, as specified.
This bill would repeal those provisions.
Existing law authorizes the department to designate an appointing
power to allocate positions to the Personnel Classification Plan, as
specified. Existing law authorizes the department to audit any
position allocations and to order corrective action.
This bill would instead authorize the department to order
corrective action, as specified, only if it finds that an appointing
power has allocated positions inappropriately. The bill would also
authorize the Department of Finance to transfer a sufficient number
of personnel from the appointing power to the department, as
specified, if an appointing power's allocation authority is revoked.
Existing law requires every state agency, as specified, to employ
a sufficient number of qualified bilingual persons in public contact
positions to ensure provision of information and services to the
public, in the language of the non-English-speaking person. Existing
law requires each agency to conduct a survey, related to its
bilingual services, of each of its local offices every two years to
determine among other things, the number of qualified bilingual
employees in public contact positions, as specified. Existing law
requires, beginning in 2009 and in every odd-numbered year
thereafter, that each state agency develop an implementation plan
that, at a minimum, addresses, among other things, the name,
position, and contact information of the employee designated by the
agency to be responsible for overseeing implementation of the plan.
This bill would require the language survey to also include, among
other things, a detailed description of the agency's procedures for
identifying written materials that are required to be translated, a
detailed description of the agency's procedures for identifying
language needs at local offices and assigning qualified bilingual
staff to those offices, and a detailed description of how the agency
complies with any federal or other state laws that require the
provision of linguistically accessible services to the public. The
bill would instead only require each agency that serves a substantial
number of non-English-speaking people who comprise 5 percent or more
of the people served to develop an implementation plan, as
specified, in every odd-numbered year.
This bill would also make technical, nonsubstantive changes to
these provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 17604 of the Family Code is amended to read:
17604. (a) (1) If at any time the director considers any public
agency, that is required by law, by delegation of the department, or
by cooperative agreement to perform functions relating to the state
plan for securing child and spousal support and determining
paternity, to be failing in a substantial manner to comply with any
provision of the state plan, the director shall put that agency on
written notice to that effect.
(2) The state plan concerning spousal support shall apply only to
spousal support included in a child support order.
(3) In this chapter the term spousal support shall include support
for a former spouse.
(b) After receiving notice, the public agency shall have 45 days
to make a showing to the director of full compliance or set forth a
compliance plan that the director finds to be satisfactory.
(c) If the director determines that there is a failure on the part
of that public agency to comply with the provisions of the state
plan, or to set forth a compliance plan that the director finds to be
satisfactory, or if the state certifies to the director that the
public agency is not in conformity with applicable merit system
standards under Part 2.5 (commencing with Section 19800) of Division
5 of Title 2 of the Government Code, and that sanctions are necessary
to secure compliance, the director shall withhold part or all of
state and federal funds, including incentive funds, from that public
agency until the public agency shall make a showing to the director
of full compliance.
(d) After sanctions have been invoked pursuant to subdivision (c),
if the director determines that there remains a failure on the part
of the public agency to comply with the provisions of the state plan,
the director may remove that public agency from performing any part
or all of the functions relating to the state plan.
(e) In the event of any other audit or review that results in the
reduction or modification of federal funding for the program under
Part D (commencing with Section 652) of Subchapter IV of Title 42 of
the United States Code, the sanction shall be assessed against those
counties specifically cited in the federal findings in the amount
cited in those findings.
(f) The department shall establish a process whereby any county
assessed a portion of any sanction may appeal the department's
decision.
(g) Nothing in this section shall be construed as relieving the
board of supervisors of the responsibility to provide funds necessary
for the continued operation of the state plan as required by law.
SEC. 2. Section 7299.4 of the Government Code is amended to read:
7299.4. (a) Notwithstanding any other provision in this chapter,
each state agency shall conduct a language survey and develop and
update an implementation plan that complies with the requirements of
this chapter.
(b) Each agency shall conduct a language survey of each of its
local offices every two years to determine and provide all of the
following:
(1) The name, position, and contact information of the employee
designated by the agency responsible for complying with this chapter.
(2) The number of public contact positions in each local office.
(3) The number of qualified bilingual employees in public contact
positions in each local office, and the languages they speak, other
than English.
(4) The number and percentage of non-English-speaking people
served by each local office, broken down by native language.
(5) The number of anticipated vacancies in public contact
positions.
(6) Whether the use of other available options, including
contracted telephone-based interpretation services, in addition to
qualified bilingual persons in public contact positions, is serving
the language needs of the people served by the agency.
(7) A list of all written materials that are required to be
translated or otherwise made accessible to non- or
limited-English-speaking individuals by Sections 7295.2 and 7295.4.
(8) A list of materials identified in paragraph (7) that have been
translated and languages into which they have been translated.
(9) The number of additional qualified bilingual public contact
staff, if any, needed at each local office to comply with this
chapter.
(10) A detailed description of the agency's procedures for
identifying written materials that are required to be translated.
(11) Each agency shall calculate the percentage of
non-English-speaking people served by each local office by rounding
the percentage arrived at to the nearest whole percentage point.
(12) A detailed description of the agency's procedures for
identifying language needs at local offices and assigning qualified
bilingual staff to those offices.
(13) A detailed description of how the agency recruits qualified
bilingual staff in local offices.
(14) A detailed description of any training the agency provides to
its staff on the provision of services to non- or
limited-English-speaking individuals, frequency of training, and date
of most recent training.
(15) A detailed description of the agency's procedures for
accepting and resolving complaints of an alleged violation due to
failure to make available translated documents or provide interpreter
service through bilingual staff or contract services.
(16) A detailed description of how the agency complies with any
federal or other state laws that require the provision of
linguistically accessible services to the public.
(17) Any other relevant information requested by the Department of
Human Resources.
(c) The language survey results and any additional information
requested shall be reported in the form and at the time required by
the Department of Human Resources, and delivered to the department
not later than October 1 of every even-numbered year.
(d) Every odd-numbered year, each agency that served a substantial
number of non-English-speaking people who comprise 5 percent or more
of the people served shall develop an implementation plan that
provides a detailed description of how the agency plans to address
any deficiencies in meeting the requirements of this chapter,
including, but not limited to, the failure to translate written
materials or employ sufficient numbers of qualified bilingual
employees in public contact positions at local offices, the proposed
actions to be taken to address the deficiencies, and the proposed
dates by when the deficiencies will be remedied.
(e) In developing its implementation plan, each state agency may
rely upon data gathered from its most recent language survey.
(f) Each state agency shall submit its implementation plan to the
Department of Human Resources no later than October 1 of each
applicable year. The Department of Human Resources shall review each
implementation plan, and, if it determines that the implementation
plan fails to address the identified deficiencies, shall order the
agency to supplement or make changes to its plan. A state agency that
has been determined to be deficient shall report to the Department
of Human Resources every six months on its progress in addressing the
identified deficiencies.
(g) If the Department of Human Resources determines that a state
agency has not made reasonable progress toward complying with this
chapter, the department may issue orders that it deems appropriate to
effectuate the purposes of this chapter.
SEC. 3. Section 7299.5 of the Government Code is amended to read:
7299.5. The Department of Human Resources may exempt state
agencies from the requirements of Section 7299.4, where it determines
that any of the following conditions apply:
(a) The agency's primary mission does not include responsibility
for furnishing information or rendering services to the public.
(b) The agency has consistently received such limited public
contact with the non-English-speaking public that it has not been
required to employ bilingual staff under Section 7292 and the agency
employs fewer than the equivalent of 25 full-time employees in public
contact positions.
In order to receive an exemption, each state agency shall petition
the Department of Human Resources for the exemption and receive
approval in writing by the date established by the department. An
agency may receive an exemption for up to five survey cycles, if it
demonstrates that it meets the requirements of subdivision (a) or
(b), and provides all required documentation to the Department of
Human Resources.
SEC. 4. Section 18502 of the Government Code is amended to read:
18502. (a) There is hereby created in state government the
Department of Human Resources. The department succeeds to and is
vested with the following:
(1) All of the powers and duties exercised and performed by the
Department of Personnel Administration.
(2) Those powers, duties, and authorities necessary to operate the
state civil service system pursuant to Article VII of the California
Constitution, this code, the merit principle, and applicable rules
duly adopted by the State Personnel Board.
(b) The State Personnel Board shall prescribe rules consistent
with a merit based civil service system to govern classification,
examinations, probationary periods, disciplinary actions, and other
matters related to the board's authority under Article VII of the
California Constitution. The State Personnel Board may conduct audits
and investigations of personnel practices of the department and
appointing authorities to ensure compliance with civil service
policies, procedures, and statutes.
(c) This section shall not limit the authority of the Department
of Human Resources and the State Personnel Board to delegate, share,
or transfer between them responsibilities for programs within their
respective jurisdictions pursuant to an agreement.
(d) The rules and regulations of the State Personnel Board and of
the Department of Personnel Administration shall remain in effect
unless and until contradicted by the terms of this chapter or amended
or repealed by the board or the Department of Human Resources.
SEC. 5. Section 18525.3 of the Government Code is amended to read:
18525.3. "Transfer" means both of the following:
(a) The appointment of an employee to another position in the same
class but under another appointing power.
(b) The appointment of an employee to a different class that has
substantially the same level of duties, responsibility, and salary as
the employee's current class under the same or another appointing
authority.
SEC. 6. Section 18527 of the Government Code is amended to read:
18527. "Probationer" means an employee who has probationary
status. "Probationary status" means the status of an employee who has
been certified and appointed from an employment list, or has been
reinstated after resignation, or has been transferred or demoted but
who has not completed the probationary period.
SEC. 7. Section 18528 of the Government Code is amended to read:
18528. "Permanent employee" means an employee who has permanent
status. "Permanent status" means the status of an employee who is
lawfully retained in his position after the completion of the
probationary period.
SEC. 8. Section 18532.1 of the Government Code is amended to read:
18532.1. "Preferred limited term list" means a list of persons
who have served under limited-term appointment and who, in accordance
with rule, are granted eligibility for additional limited-term
appointments.
SEC. 9. Section 18533 of the Government Code is amended to read:
18533. (a) "Subdivisional promotional list" means a list of
persons eligible for certification for a specific class resulting
from a promotional examination for a particular subdivision of a
state agency.
(b) "Departmental promotional list" means a list of persons
eligible for certification for a specific class resulting from a
promotional examination for a particular state agency.
(c) "Multidepartmental promotional list" means a list of persons
eligible for certification for a specific class resulting from a
promotional examination for a group of state departments.
(d) "Servicewide promotional list" means a list of persons
eligible for certification for a specific class resulting from a
promotional examination for the entire state service.
SEC. 10. Section 18538.1 of the Government Code is repealed.
SEC. 11. Section 18540 of the Government Code is amended to read:
18540. "Armed forces" means the United States Air Force, Army,
Navy, Marine Corps, and Coast Guard.
SEC. 12. Section 18544 of the Government Code is amended to read:
18544. "Duration employment" means an employment during time of
war or during an emergency in connection with the national defense,
which employment is subject to termination and other conditions as
prescribed by Section 19200 and by rules.
SEC. 13. Section 18575 of the Government Code is amended to read:
18575. (a) (1) The appointing power shall provide service of the
following actions by personal service or by certified mail with
return receipt requested or express service carrier as provided in
this subdivision:
(A) Notice of disciplinary action.
(B) Notice of rejection during probationary period.
(C) Notice of medical action.
(D) Notice of nonpunitive action.
(E) Notice of career executive assignment termination.
(F) Notice of termination with fault of a limited term, seasonal,
or temporary authorization appointment.
(G) Notice of termination of an appointment under the Limited
Examination and Appointment Program.
(H) Notice of termination or automatic resignation of a permanent
intermittent employee.
(I) Notice of absence without leave resignation or separation
pursuant to Section 89541 of the Education Code.
(2) (A) Personal service shall be made in the manner, and is
deemed complete, as provided for in Section 415.10 of the Code of
Civil Procedure.
(B) Service by certified mail with return receipt requested shall
be made in the manner provided for in Section 1020 of the Code of
Civil Procedure and is deemed complete as provided for in subdivision
(a) of Section 1013 of the Code of Civil Procedure.
(C) Service by express service carrier shall be in the manner, and
is deemed complete, as provided for in subdivision (c) of Section
1013 of the Code of Civil Procedure.
(D) The period to respond to any notice of action provided in
paragraph (1) shall be extended as provided in Section 1013 of the
Code of Civil Procedure.
(b) Service of subpoenas and subpoenas duces tecum shall be made
by personal service or by registered mail with return receipt
requested as provided in subdivision (a).
(c) Service of all other documents shall be made as prescribed by
rule.
(d) Proof of service shall be by affidavit as provided for in
Sections 417.10 and 417.40 of, and subdivision (a) of Section 1013
of, the Code of Civil Procedure.
SEC. 14. Section 18654 of the Government Code is amended to read:
18654. The intention of the Legislature is hereby declared to be
that the executive officer shall perform and discharge under the
direction and control of the board the powers, duties, purposes,
functions, and jurisdiction vested in the board and delegated to him
or her by it.
Any power, duty, purpose, function, or jurisdiction that the board
may lawfully delegate shall be conclusively presumed to have been
delegated to the executive officer unless it is shown that the board
by affirmative vote recorded in its minutes specifically has reserved
the same for its own action. The executive officer may redelegate to
his or her subordinates or to an appointing power he or she
designates, unless by board rule or express provision of law he or
she is specifically required to act personally.
SEC. 15. Section 18654.5 of the Government Code is amended to
read:
18654.5. The executive officer shall administer the civil service
statutes and rules, subject to the right of appeal to the board.
SEC. 16. Section 18655 of the Government Code is amended to read:
18655. When any person selected to assist in examinations or to
serve as an authorized representative or referee of the board or the
department is employed by the State in some other capacity, it is a
part of his or her official duties to serve without additional
compensation other than his or her actual and necessary traveling
expenses.
SEC. 17. Section 18661 of the Government Code is amended to read:
18661. (a) The board may conduct an audit of any appointing
authority's personnel practices to ensure compliance with the civil
service laws and board regulations. The board may audit selection and
examination procedures, appointments, promotions, the management of
probationary periods, personal services contracts, discipline and
adverse actions, or any other area related to the operation of merit
principle in state civil service.
(b) When conducting an audit, the board may inspect documents,
policies, practices, and procedures of the appointing authority
relating to its personnel practices and interview appointing
authority staff and witnesses regarding the subject of the audit.
Failure by an appointing authority to cooperate with an audit may
result in corrective action.
(c) Upon completion of the audit, the board may provide a report
to the appointing authority and the department, identifying any
deficiencies in the appointing authority's personnel practices,
policies, and procedures.
(d) If the board finds an appointing authority deficient in
personnel practices, policies, and procedures, the appointing
authority shall be subject to corrective action. The board may order
remedies including, but not limited to, any or all of the following:
(1) Revocation or modification of the terms of the delegation
agreement between the appointing authority and the department.
(2) That the appointing authority compensate the department for
the actual and necessary cost of any and all of the personnel
functions the department performs and training and supervision the
department provides on behalf of the appointing authority, either
permanently or for a specified term.
(3) Void examinations administered by the appointing authority,
abolish eligibility lists, and void appointments made therefrom.
(4) Seek approval from the Department of Finance for redirection
to the department of a sufficient number of the appointing authority'
s positions to perform all personnel related functions formerly
performed by the appointing authority.
SEC. 18. Section 18670 of the Government Code is amended to read:
18670. The board may hold hearings and make investigations
concerning all matters relating to the enforcement and effect of this
part and rules prescribed under this part. It may inspect any state
institution, office, or other place of employment affected by this
part to ascertain whether this part and the board rules are obeyed.
The board shall make investigations and hold hearings at the
direction of the Governor or the Legislature or upon the petition of
an employee or a citizen concerning the enforcement and effect of
this part and to enforce the observance of Article VII of the
Constitution and of this part and the rules made under this part.
SEC. 19. Section 18671.1 of the Government Code is amended to
read:
18671.1. (a) If a hearing or investigation is conducted by the
board or its authorized representative in regard to an appeal by an
employee, the hearing or investigation shall be commenced within a
reasonable time after the filing of the appeal. For appeals from
actions resulting in the termination of an employee, if an
evidentiary hearing has not commenced within six months of the filing
of the appeal, the employee may make a written request for a
priority hearing by the board. Upon receipt of the written request,
the board shall schedule an evidentiary hearing within 60 days of the
request at a hearing location designated by the board.
(b) The board shall render its decision within a reasonable time
after the conclusion of the hearing or investigation, except that the
period from the filing of the appeal to the decision of the board
shall not exceed six months.
(c) The provisions described in subdivision (b) relating to the
six-month period for a decision may be waived by the employee but if
not so waived, a failure to render a timely decision is an exhaustion
of all available administrative remedies.
(d) The board may order all of, or a portion of, any hearing to be
conducted using electronic media pursuant to board rules.
SEC. 20. Section 18672 of the Government Code is amended to read:
18672. (a) Subpoenas and subpoenas duces tecum may be issued for
attendance at a hearing and for production of documents at any
reasonable time and place. However, a subpoena shall not be issued to
compel attendance of any witness who does not reside within 100
miles of the place where the hearing or investigation is held unless
it is shown to the satisfaction of a member of the board, the
executive officer, or the person authorized to conduct the
investigation or hearing, by affidavit stating the facts, that the
witness is a material witness. That statewide subpoena shall be
served at least five days prior to the date of hearing.
(b) Subpoenas and subpoenas duces tecum shall be issued by the
board or its authorized representative at the request of a party.
(c) The process extends to all parts of the state and shall be
served in accordance with Sections 1987 and 1988 of the Code of Civil
Procedure and the service provisions of subdivisions (a) and (b) of
Section 68097.1 of the Government Code. A subpoena or subpoena duces
tecum may also be delivered by certified mail return receipt
requested or by messenger. Service by messenger shall be effected
when the witness acknowledges receipt of the subpoena to the sender,
by telephone, by mail, or in person, and identifies himself or
herself either by reference to date of birth and driver's license
number or Department of Motor Vehicles identification number, or the
sender may verify receipt of the subpoena by obtaining other
identifying information from the recipient. The sender shall make a
written notation of the acknowledgment. A subpoena issued and
acknowledged pursuant to this section has the same force and effect
as a subpoena personally served. Failure to comply with a subpoena
issued and acknowledged pursuant to this section may be punished as a
contempt and the subpoena may so state.
(d) No witness is obliged to attend unless the witness is a
resident of the state at the time of service.
(e) The custodian of documents that are the subject of a subpoena
duces tecum may satisfy the subpoena by delivery of the documents or
a copy of the documents, or by making the documents available for
inspection or copying, together with an affidavit in compliance with
Section 1561 of the Evidence Code.
SEC. 21. Section 18674 of the Government Code is amended to read:
18674. Witnesses at a hearing or investigation are entitled to
the same fees as are allowed witnesses in civil cases in courts of
record.
An officer serving a subpoena to secure the attendance of those
witnesses shall receive the same mileage as for the service by him or
her of a writ or paper for the state. The fees and mileage, except
in dismissal or other punitive proceedings where the service is
requested by the accused, need not be prepaid.
If a witness is subpoenaed by a state agency or its
representative, the Controller shall draw his or her warrant for
payment of fees and mileage when the amount is duly proved by
affidavit or otherwise to the satisfaction of the Controller. The
Controller may charge such warrant against any proper fund of that
state agency. If a witness is subpoenaed by the accused or any person
other than a state agency, his or her fees and mileage shall be paid
by that person and are not proper charges against any state fund.
SEC. 22. Section 18676 of the Government Code is amended to read:
18676. When ordered to do so, a witness shall not be excused from
testifying or from producing any documentary evidence in that
investigation or hearing upon the ground that the testimony or
documentary evidence required of the witness may tend to incriminate
or subject the witness to penalty or forfeiture, provided the witness
has been granted use and derivative use, or transactional immunity
by the appropriate law enforcement authority.
SEC. 23. Section 18681 of the Government Code is amended to read:
18681. Whenever any matter is pending before the board involving
a dispute between one or more employees and an appointing power and
the parties to such dispute agree upon a settlement or adjustment
thereof, the terms of such settlement or adjustment may be submitted
to the board, and if approved by the board, the disposition of the
matter in accordance with the terms of such adjustment or settlement
shall become final and binding upon the parties.
SEC. 24. Section 18682 of the Government Code is amended to read:
18682. Whenever any employee, department, or other person,
actively interested in a matter before the board and in connection
with which it is holding a hearing, requests that the board make
findings, then the board shall make findings if the request is made
at any time prior to the time the board takes the matter under
submission.
SEC. 25. Section 18804 of the Government Code is amended to read:
18804. Upon the reallocation of a position, other than by action
of the board under Section 18802, the incumbent of the position shall
not thereby gain status in the new class. Change in status of the
incumbent may be accomplished only in accordance with the appropriate
sections of this part and rules relating to transfer, demotion, or
promotion.
SEC. 26. Section 18807 of the Government Code is repealed.
SEC. 27. Section 18900 of the Government Code is amended to read:
18900. (a) Eligible lists shall be established as a result of
free competitive examinations open to persons who lawfully may be
appointed to any position within the class for which these
examinations are held and who meet the minimum qualifications
requisite to the performance of the duties of that position as
prescribed by the specifications for the class or by rule.
(b) The department may limit the size of candidate groups in
entry-level and nonpromotional examinations when doing so would be in
the best interest of the state and effective competition can occur
among a smaller number of applicants.
SEC. 28. Section 18900.5 of the Government Code is
amended to read:
18900.5. For purposes of this part, "designated appointing power"
means an appointing power designated by the department under Section
18930.5.
SEC. 29. Section 18900.6 of the Government Code is amended to
read:
18900.6. (a) The department may authorize the use of skills-based
certification for information technology classifications if all of
the following conditions are satisfied:
(1) There is a job analysis that meets legal standards.
(2) The class is used on a servicewide basis.
(3) The class is broad and includes a number of distinct
assignments.
(4) It is in the best interest of the state to use skills-based
certification.
(b) For purposes of this section, "skills-based certification"
means the creation of a unique certification list for each vacancy
within a class. Skills-based certification is created by weighting
the scores attained by competitors of all measured knowledge, skills,
and abilities to reflect their relative importance to the job, as
identified by a job analysis for each vacancy. Skills-based
certification shall replace the single eligible list for a
classification with a unique list of eligible individuals for each
vacancy. Skills-based certification shall determine the order of
individuals on a certification list; it shall not affect the rules
for using certification lists.
(c) The department shall also promulgate regulations specifying
how skills-based certification shall be implemented. Among other
things, these regulations shall include provisions to ensure fairness
to all candidates and prevent improper manipulation.
SEC. 30. Section 18903 of the Government Code is amended to read:
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.
SEC. 31. Section 18931 of the Government Code is amended to read:
18931. (a) The board shall establish minimum qualifications for
determining the fitness and qualifications of employees for each
class of position. The department may require applicants for
examination or appointment to provide documentation as it deems
necessary to establish the applicants' qualifications.
(b) 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 such screening subject to the
applicant's right to appeal to the board.
SEC. 32. Section 18933 of the Government Code is amended to read:
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.
(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) 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 (5), inclusive, of
subdivision (a).
SEC. 33. Section 18934 of the Government Code is amended to read:
18934. 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. Such applications when filed 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.
The application shall include a place for listing volunteer
experience and such 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.
SEC. 34. Section 18935 of the Government Code is repealed.
SEC. 35. Section 18935 is added to the Government Code, to read:
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).
SEC. 36. Section 18936 of the Government Code is amended to read:
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.
SEC. 37. Section 18937 of the Government Code is amended to read:
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.
SEC. 38. Section 18938.6 of the Government Code is amended to
read:
18938.6. The department or designated appointing power shall
provide for the inspection of examination papers for all written test
competitors.
SEC. 39. Section 18940 of the Government Code is repealed.
SEC. 40. Section 18940 is added to the Government Code, to read:
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.
SEC. 41. Section 18941 of the Government Code is repealed.
SEC. 42. Section 18941 is added to the Government Code, to read:
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.
SEC. 43. Section 18950 of the Government Code is amended to read:
18950. 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.
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.
The department may further prescribe conditions under which
eligibility may be transferred from one promotional list to another
promotional list when such lists are for the same class and have been
established as a result of the same or a similar examination.
SEC. 44. Section 18950.1 of the Government Code is amended to
read:
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.
SEC. 45. Section 18951 of the Government Code is amended to read:
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.
SEC. 46. Section 18972 of the Government Code is repealed.
SEC. 47. Section 18975 of the Government Code is amended to read:
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.
SEC. 48. Section 18976 of the Government Code is amended to read:
18976. 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.
SEC. 49. Section 19050.4 of the Government Code is amended to
read:
19050.4. 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.
SEC. 50. Section 19052 of the Government Code is repealed.
SEC. 51. Section 19052 is added to the Government Code, to read:
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.
SEC. 52. Section 19057.1 of the Government Code is amended to
read:
19057.1. Notwithstanding Section 19057, for positions in classes
designated as professional, scientific, or administrative, or for any
open employment list, there shall be certified to the appointing
power the names and addresses of all those eligibles whose scores, at
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
for these classes 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 additional eligibles shall 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 provide for certifying less than three ranks
where the size of the certified group is disproportionate to the
number of vacancies.
SEC. 53. Section 19057.2 of the Government Code is amended to
read:
19057.2. Notwithstanding the provisions of Section 19057, for
positions in classes designated as management, there shall be
certified to the appointing power the names and addresses of all
those applicants 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
for such classes shall be divided into six ranks. The first rank
shall consist of eligibles who receive a score of 95 percent or
higher. The second rank shall consist of eligibles who receive a
score of 90 to 94 percent, inclusive. The third rank shall consist of
eligibles who receive a score of 85 to 89 percent, inclusive. The
fourth rank shall consist of eligibles who receive a score of 80 to
84 percent, inclusive. The fifth rank shall consist of eligibles who
receive a score of 75 to 79 percent, inclusive. The sixth rank shall
consist of eligibles who receive a score of 70 to 74 percent,
inclusive. All examination scores for positions in these classes
shall be rounded to the nearest whole percent.
If the names on the list from which certification is being made
represent fewer than three ranks, then additional eligibles shall 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 such 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.
The department may certify less than three ranks where the size of
the certified group is disproportionate to the number of vacancies.
SEC. 54. Section 19058 of the Government Code is amended to read:
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.
SEC. 55. Section 19059 of the Government Code is amended to read:
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.
SEC. 56. Section 19062.5 of the Government Code is amended to
read:
19062.5. The department may establish eligibility requirements
governing movement of employees between full-time, part-time, and
intermittent positions.
SEC. 57. Section 19082 of the Government Code is amended to read:
19082. The department may provide for the establishment,
maintenance, and use of preferred limited-term lists.
SEC. 58. Section 19101 of the Government Code is amended to read:
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."
SEC. 59. Section 19140 of the Government Code is amended to read:
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.
SEC. 60. Section 19140.5 of the Government Code is amended to
read:
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.
SEC. 61. Section 19141.1 of the Government Code is amended to
read:
19141.1. (a) This section applies only to a permanent employee,
or an employee who previously had permanent status, and who has a
reinstatement right pursuant to Section 19141.
(b) Within four years of the termination of an appointment in an
exempt position, either by the employee or the appointing power, an
employee who has completed a minimum of five years of state service
experience and at least one year but less than three years of exempt
service shall be given an opportunity upon request to obtain civil
service appointment eligibility, through a deferred examination, for
any position offered by any appointing power in any class for which a
current eligible list exists and which has a salary range up to two
steps higher than the employee's former position. If the employee has
three or more years of exempt service, the opportunity shall be
provided for any class at least two salary steps below the employee's
exempt salary level.
(c) At the termination of an exempt appointment, either by the
employee or the appointing power, on or after January 1, 1987, an
employee who has at least 10 years of state service including five
years of civil service experience and at least three consecutive
years of exempt service under a single appointing power and who
requests reinstatement in writing within 10 days of the termination,
shall be reinstated upon request to (1) his or her former position or
(2) any vacant position for which the employee has civil service
eligibility under the appointing power where the three years of
service were completed and which is at least two salary steps below
the employee's exempt salary level. In the absence of current list
eligibility, an employee shall be entitled to a deferred examination
for placement on a current eligible list for classes meeting the
mandatory reinstatement criteria. If the employee obtains civil
service appointment eligibility at any time within two years of the
termination of the exempt appointment, and a vacant position in the
appropriate class is not available, the employee's name shall be
placed on the appointing power's departmental or subdivisional
reemployment for any classes and locations which would satisfy the
employee's reinstatement request. Departmental or subdivisional
reemployment list eligibility granted under this section shall not
result in placement on any general reemployment list.
If an employee cannot be placed in a vacant position pursuant to
this section, the employee shall be reinstated to his or her former
position.
SEC. 62. Section 19143 of the Government Code is amended to read:
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.
SEC. 63. Section 19170 of the Government Code is amended to read:
19170. (a) The board shall establish for each class the length of
the probationary period. The probationary period that shall be
served upon appointment shall be six months unless the board
establishes a longer period of not more than one year.
(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 his or her 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 his or her current performance.
(c) Upon written agreement between an appointing power and an
employee who alleges that he or she has 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 he or she may have under applicable law requiring reasonable
accommodation or prohibiting discrimination based on disability.
SEC. 64. Section 19200 of the Government Code is amended to read:
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.
SEC. 65. Section 19253 of the Government Code is amended to read:
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.
SEC. 66. Section 19253.5 of the Government Code is amended to
read:
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.
SEC. 67. Section 19257.5 of the Government Code is amended to
read:
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.
SEC. 68. Section 19400 of the Government Code is amended to read:
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.
SEC. 69. Section 19401 of the Government Code is amended to read:
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.
SEC. 70. Section 19402 of the Government Code is amended to read:
19402. All upward mobility programs shall include annual goals
that include the number of employees expected to progress from
positions in low-paying occupational groups to entry-level technical,
professional, and administrative positions, and the timeframe within
which this progress shall occur. The Department of Human Resources
shall be responsible for approving each department's annual upward
mobility goals and timetables.
Any appointing authority that determines that it will be unable to
achieve the goals may ask the department for a reduction in the
goals. If the department determines that the appointing authority has
not made a good faith effort to achieve the goals, the department
shall hold public hearings to determine the reasons for the
deficiencies and to establish a program to overcome these
deficiencies.
SEC. 71. Section 19403 of the Government Code is amended to read:
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.
SEC. 72. Section 19405 of the Government Code is amended to read:
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.
SEC. 73. Section 19574.2 of the Government Code is amended to
read:
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.
SEC. 74. Section 19582 of the Government Code is amended to read:
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.
SEC. 75. Section 19583.51 of the Government Code is repealed.
SEC. 76. Section 19586 of the Government Code is amended to read:
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.
SEC. 77. Section 19630 of the Government Code is amended to read:
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.
SEC. 78. Section 19680 of the Government Code is amended to read:
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.
SEC. 79. Section 19682 of the Government Code is amended to read:
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.
SEC. 80. Section 19703 of the Government Code is amended to read:
19703. A recommendation, question, or inquiry under this part
shall not relate to the political or religious opinions or
affiliations of any person, and an appointment to, change in, or
removal from any position under this part or by rule shall not be in
any manner affected or influenced by such opinions or affiliations.
SEC. 81. Section 19763 of the Government Code is amended to read:
19763. If the department notifies an officer or employee that any
position has been filled in violation of this part or rule, demands
for the salary or compensation or other emolument of the position
shall not be approved or paid by such officer or employee except upon
the order of a court of competent jurisdiction.
SEC. 82. Section 19764 of the Government Code is amended to read:
19764. Every person who makes a payment of salary, compensation,
or other emolument to any person holding a position in the state
civil service in violation of this part or rule and any officer or
employee who signs, countersigns, or authorizes the signing or
countersigning of any warrant for such a payment and the sureties on
their official bonds is liable to the State of California therefor.
An action to recover such a payment may be maintained in any court of
competent jurisdiction of this state, in the name of the people of
the state by the Attorney General or by a resident citizen, who is
assessed for and is liable to pay, or, within one year before the
commencement of such action, has paid a tax in this state.
SEC. 83. Section 19770 of the Government Code is amended to read:
19770. (a) With the exception of Chapter 7.5 (commencing with
Section 400) of Part 1 of Division 2 of the Military and Veterans
Code, this part, rather than provisions of the Military and Veterans
Code, governs leave for military service, rights and benefits accrued
during that service, and reinstatement after that service, for
executive branch employees.
(b) For the purposes of this chapter:
(1) "Employee" means that term as defined by subdivision (d) of
Section 19815.
(2) "Civil service employee" means an employee legally holding a
position in the state civil service.
(3) "Exempt employee" means an employee who is exempt from the
state civil service by Section 4 of Article VII of the California
Constitution.
SEC. 84. Section 19775 of the Government Code is amended to read:
19775. An employee who is granted a long-term military leave of
absence and who for a period of not less than one year immediately
prior to the effective date active duty begins has had continuous
state service as defined by rule which is not broken by a permanent
separation shall be entitled to receive his or her salary or
compensation for the first 30 calendar days of active duty served
during the absence.
SEC. 85. Section 19775.1 of the Government Code is amended to
read:
19775.1. An employee who is granted a short-term military leave
of absence for active military duty, but not for inactive duty,
including, but not limited to, scheduled reserve drill periods, and
who for a period of not less than one year immediately prior to the
effective date of active duty has had continuous state service as
defined by rule that is not broken by a permanent separation, or who
has had continuous state service immediately prior to the effective
date of active duty not broken by a permanent separation and
sufficient recognized military service that need not be contiguous to
equal one year shall be entitled to receive his or her salary or
compensation for the first 30 calendar days of active duty served
during the absence.
An employee who is granted emergency military leave under Section
19773, shall receive his or her salary or compensation as a state
employee while going to, engaging in, and returning from the duty.
The employee shall not receive his or her salary or compensation for
more than 30 days each time he or she is granted the emergency
military leave.
SEC. 86. Section 19775.8 of the Government Code is amended to
read:
19775.8. Except as provided in Section 19781, when any person
successfully completes part of an open or promotional examination but
is unable to complete all portions thereof because of entry into
recognized military service, the department or designated appointing
authority shall arrange for him or her to take such uncompleted
portion of the examination, providing application is made not later
than six months after his or her release from military service. Such
right to complete an examination shall not continue for longer than
five years after the date of the examination.
If the applicant passes the examination, his or her name shall be
placed on the eligible list that resulted from the original
examination as the list stands at the time his or her name is placed
thereon, provided if his or her rating is sufficiently high for his
or her name to have been included on a certification to a permanent
position while he or she was in the military service had his or her
name been on the list when originally established, his or her
eligibility shall be established, notwithstanding the removal of
names from the original list, pursuant to Section 18901. He or she
shall retain his or her place on such list for three years from the
termination of his or her service with the Armed Forces. A name thus
retained on a list beyond the time other names are removed from the
list, pursuant to Section 18901, shall be removed if the person
refuses to accept appointment to a permanent position after
certification thereto subsequent to his or her discharge from the
Armed Forces.
SEC. 87. Section 19775.9 of the Government Code is amended to
read:
19775.9. An individual on military leave from either a state
civil service position held under duration appointment, a position
held under an exempt appointment but included in the state civil
service prior to his or her release from military service, or a
position in any federal or other public agency, the functions of
which were transferred to the state prior to his or her release from
military service, who would be eligible for reinstatement or
restoration to his or her position pursuant to Sections 19780 and
19782, shall be permitted to take any regular examination held while
he or she was in the military service, or on military leave, for the
class in which he or she had such appointment and for which he or she
had the minimum qualifications required of applicants when the
examination originally was given, within five years of the date of
the original examination. The department or designated appointing
authority shall arrange for him or her to take the identical
examination if application is made not later than six months after
his or her release from military service or six months after the
effective date thereof, whichever is later. If the applicant passes
the examination, his or her name shall be placed on the eligible list
that resulted from the original examination as the list stands at
the time his or her name is placed thereon. If his or her rating is
sufficiently high for his or her name to have been included on a
certification to a permanent position while he or she was in the
military service had his or her name been on the list when originally
established, his or her eligibility shall be established,
notwithstanding the removal of names from the original list pursuant
to Section 18901. He or she shall retain his or her place on such
list for three years from the termination of his or her service with
the Armed Forces or one year from the date such eligibility is
established, whichever is later, if his or her rating is sufficiently
high for his or her name to have been included on a certification to
a permanent position while he or she was in recognized military
service had his or her name been on the list when originally
established. A name thus retained on a list, beyond the time other
names are removed from the list pursuant to the provisions of Section
18901, shall be removed if the person refuses to accept appointment
to a permanent position after certification thereto subsequent to his
or her discharge from the Armed Forces.
SEC. 88. Section 19776 of the Government Code is amended to read:
19776. If a promotional examination was held while an employee
was on military leave that he or she would otherwise have been
entitled to take, the employee shall be eligible to take the
identical promotional examination within five years of the date of
the original examination. The department or designated appointing
authority shall arrange for him or her to take the examination within
a reasonable time, provided application is made not later than six
months after his or her reinstatement from military leave. If the
employee qualifies in the examination, his or her name shall be
placed on the open and promotional list that resulted from the
original examination, as the list stands at the time his or her name
is placed thereon. If his or her rating is sufficiently high for his
or her name to have been included on a certification to a permanent
position while he or she was in the military service had his or her
name been on the list when originally established, his or her
eligibility shall be established, notwithstanding the removal of
names from the original list pursuant to Section 18901. He or she
shall retain his or her place on the list for three years from the
termination of his or her service with the Armed Forces or one year
from the date the eligibility is established, whichever is later. A
name thus retained on a list, beyond the time other names are removed
from the list pursuant to Section 18901, shall be removed if the
person refuses to accept appointment to a permanent position after
certification thereto subsequent to his or her discharge from the
Armed Forces, or if he or she resigns from state service.
SEC. 89. Section 19786 of the Government Code is amended to read:
19786. (a) When a civil service employee has been reinstated
after military service in accordance with Section 19780, and any
question arises relative to his or her ability or inability for any
reason arising out of the military service to perform the duties of
the position to which he or she has been reinstated, the board shall,
upon the request of the appointing power or of the employee, hear
the matter and may on its own motion or at the request of either
party take any and all necessary testimony of every nature necessary
to a decision on the question.
(b) If the board finds that the employee is not able for any
reason arising out of the military service to carry out the usual
duties of the position he or she then holds, it shall order the
employee placed in a position in which the board finds he or she is
capable of performing the duties in the same class or a comparable
class in the same or any other state department, bureau, board,
commission, or office under this part and the rules covering transfer
of an employee from a position under the jurisdiction of one
appointing power to a position under the jurisdiction of another
appointing power, without the consent of the appointing powers, where
a vacancy may be made available to him or her under this part and
the rules, but in no event shall the transfer constitute a promotion
within the meaning of this part and the rules.
(c) If a layoff is made necessary to place a civil service
employee in a position in the same class or a comparable class in
accordance with this section, the layoff shall be made under Section
19997.3, provided that no civil service employee who was employed
prior to September 16, 1940, shall be laid off as a result of the
placing of an employee in the same class or a comparable class under
this section.
(d) The board may order the civil service employee reinstated to
the department, bureau, board, commission, or office from which he or
she was transferred either upon request of the employee or the
appointing power from which transferred. The reinstatement may be
made after a hearing as provided in this section if the board finds
that the employee is at the time of the hearing able to perform the
duties of the position.
SEC. 90. Section 19793 of the Government Code is amended to read:
19793. By November 15 of each year, the Department of Human
Resources shall submit to the Governor, the Legislature, and the
Department of Finance a census report that shall include demographic
information on employees in the state civil service, based upon the
analysis of the data collected pursuant to Section 19792. The report
shall specifically include, but not be limited to, identified
underutilizations and, where warranted by analysis of the
underutilizations, steps taken to ensure equal employment opportunity
in the state civil service. The report shall also include
information to the Legislature on laws that discriminate or have the
effect of discriminating on the basis of race, ethnicity, gender, and
disability. The Legislature shall evaluate the equal employment
opportunity efforts of state agencies during its evaluation of the
Budget Bill.
SEC. 91. Section 19798 of the Government Code is amended to read:
19798. In establishing order and subdivisions of layoff and
reemployment, the department, when it finds past discriminatory
hiring practices, may authorize modification of the order of layoff
only if failure to do so would result in ineligibility for a federal
program with a loss of federal funds or if required by federal law or
the United States Constitution.
SEC. 92. Section 19800 of the Government Code is amended to read:
19800. The Department of Human Resources is hereby vested with
the jurisdiction and responsibility of establishing and maintaining
personnel standards on a merit basis and administering merit systems
for local government agencies where such merit systems of employment
are required by statute or regulation as a condition of a
state-funded program or a federal grant-in-aid program established
under federal laws, including, but not limited to: the Social
Security Act, as amended; the Public Health Service Act; and the
Federal Civil Defense Act, as amended.
SEC. 93. Section 19801 of the Government Code is amended to read:
19801. For the purposes of administration of state or federally
supported programs under Section 19800, the department shall, by
regulation, establish and maintain personnel standards on a merit
basis for local agencies (including standards of qualifications,
competency, education, experience, tenure, and compensation)
necessary for proper and efficient administration, and to ensure
state conformity with applicable federal requirements.
SEC. 94. Section 19802 of the Government Code is amended to read:
19802. Nothing in this chapter shall prevent any local agency
from establishing its own merit system and determining thereunder the
personnel standards to be applicable to its employees, but as to
employees engaged in administering state and federally supported
programs under Section 19800, such local systems and standards shall
be subject to approval and review by the department to the extent
necessary to qualify for federal funds.
SEC. 95. Section 19802.5 of the Government Code is amended to
read:
19802.5. Notwithstanding Sections 19801 and 19803, and after the
department approves the memorandum of understanding standards, the
department may waive administration of all or part of a local agency
merit system where administration of merit system standards,
including, but not limited to, certification, appointment and other
transactions, layoff and reinstatement, position classifications,
compensation standards, and disciplinary action are established
pursuant to a legally binding memorandum of understanding negotiated
between the local agency governing board and an employee organization
recognized pursuant to applicable law representing employees engaged
in federally supported programs under Section 19800. Upon request of
the local agency governing board and the recognized employee
organization, such waivers shall be granted on any or all standards
following determination by the department that the provisions of the
memorandum of understanding maintain merit system standards to the
extent necessary to qualify for federal funds. All merit system
standards waivers shall be subject to periodic audit, approval, or
revocation by the department. Upon revocation of a waiver, the
department may require any additional information as a condition of
waiver reinstatement.
SEC. 96. Section 19803 of the Government Code is amended to read:
19803. The merit system for employees engaged in administering
programs under Section 19800 in a local agency not administering its
own merit system approved under this chapter shall be administered by
the department. The department may delegate any of its duties under
this article to a state department or agency. This may include, but
is not limited to, recruitment, examination, certification,
appointment and other transactions, position classification,
compensation standards, and disciplinary actions. As part of such
administration, the department shall hear and decide appeals of any
applicant for employment or officer or employee from the decision of
a local agency affecting the employment rights of such persons. Any
decision rendered in such an appeal shall be binding upon the local
agency.
The department may bill the state departments having
responsibility for the overall administration of grant-in-aid
programs for the costs incurred in conducting hearings involving
employees of local agencies not administering their own merit systems
pursuant to this chapter.
SEC. 97. Section 19804 of the Government Code is amended to read:
19804. In the exercise of functions under this chapter, the
department shall exercise no authority with respect to the selection,
tenure of office, and compensation of any individual employed in
accordance with established standards.
SEC. 98. Section 19805 of the Government Code is amended to read:
19805. The department shall establish and administer procedures,
including provisions for investigations and hearings, to determine
whether a particular merit system is in conformity with the standards
established or approved by the department pursuant to Section 19801.
In conducting any hearing provided by such procedures, or in
conducting an appeal hearing under Section 19803, the department
shall have the same authority as it does in conducting hearings
pursuant to Section 19815.
SEC. 99. Section 19806 of the Government Code is amended to read:
19806. When the department, after hearing, determines that a
local merit system is not in conformity with the established
standards, it shall notify such local agency and appropriate state
officer in writing of its decision. If the governing body of the
local agency does not bring the system into conformity within 60 days
of notification of the department's decision, or within such longer
period as the department determines, the department shall certify to
the state officer having responsibility for the overall
administration of the program, pursuant to which the grant-in-aid
requiring such merit system was made, that the particular merit
system is not in conformity with established standards.
SEC. 100. Section 19807 of the Government Code is amended to read:
19807. Notwithstanding any other law, upon receiving
certification of the department, pursuant to Section 19806, the
appropriate state officer shall take such action against the local
agency as permitted by law or as necessary to obtain compliance
without an additional administrative hearing being held by such
officer.
SEC. 101. Section 19808 of the Government Code is amended to read:
19808. Local agencies shall provide such information and reports
relating to merit system administration as are required by the
department.
SEC. 102. Section 19809 of the Government Code is amended to read:
19809. State departments having responsibility for the overall
administration of grant-in-aid programs under Section 19800 shall
reimburse the department for all costs incurred by the department in
administering this chapter. The department may equitably prorate such
costs among such departments.
SEC. 103. Section 19811 is added to the Government Code, to read:
19811. (a) To the extent that any regulations adopted to make
specific or to carry out the provisions of this article are in
conflict with the amendments made to this article or become outdated
at any time due to a change in federal or state program requirements,
the regulations shall be repealed.
(b) The Legislature further finds and declares that regulations
interpreting and making specific this article are only necessary if
the regulations are required by federal law.
(c) Requirements imposed on local agencies pursuant to this
article shall not be considered regulations or standards of general
application and shall not impose any duty on the department to adopt
regulations.
SEC. 104. Section 19815 of the Government Code is amended to read:
19815. As used in this part:
(a) "Department" means the Department of Human Resources.
(b) "Director" means the Director of the Department of Human
Resources.
(c) "Division" means the Division of Labor Relations.
(d) "Employee" or "state employee," except where otherwise
indicated, means employees subject to the Ralph C. Dills Act (Chapter
10.3 (commencing with Section 3512), Division 4, Title 1),
supervisory employees as defined in subdivision (g) of Section 3513,
managerial employees as defined in subdivision (e) of Section 3513,
confidential employees as defined in subdivision (f) of Section 3513,
employees of the Legislative Counsel Bureau, employees of the Bureau
of State Audits, employees of the office of the Inspector General,
employees of the Public Employment Relations Board, conciliators
employed by the California State Mediation and Conciliation Service,
employees of the Department of Human Resources, professional
employees of the Department of Finance engaged in technical or
analytical state budget preparation other than audit staff,
intermittent athletic inspectors who are employees of the State
Athletic Commission, professional employees in the Personnel/Payroll
Services Division of the Controller's office, and all employees of
the executive branch of government who are not elected to office.
SEC. 105. Section 19815.6 of the Government Code is amended to
read:
19815.6. (a) Notwithstanding the provisions of Sections 11042 and
11043, the chief counsel shall represent the department in all legal
matters in which the department is interested, before any
administrative agency or court of law.
(b) The department may charge state agencies and departments for
the actual and necessary costs of legal services rendered by the
legal division in unfair practice cases, representation cases, and
requests for injunctive relief arising pursuant to Chapter 10.3
(commencing with Section 3512) of Division 4 of Title 1, in grievance
arbitration cases arising under negotiated memoranda of
understanding, and in all labor law and personnel matters.
(c) In grievance arbitration cases arising pursuant to memoranda
of understanding negotiated pursuant to Sections 3517 and 3517.5, the
department may charge state agencies involved for the actual and
necessary costs of arbitration, including the state's share of the
arbitrator's fees, transcription fees, and other related costs.
(d) The department may charge state agencies for their pro rata
share of the actual and necessary costs of negotiating and
administering memoranda of understanding pursuant to Sections 3517
and 3517.5.
SEC. 106. Section 19816 of the Government Code is repealed.
SEC. 107. Section 19816.6 of the Government Code is amended to
read:
19816.6. All officers and employees of the State Personnel Board
and the Department of Personnel Administration, who, on the operative
date of this part, are serving in the state civil service, other
than as temporary employees, and engaged in the performance of a
function vested in the department shall be transferred to the
department. The status, positions, and rights of these persons shall
not be affected by the transfer and shall be retained by them as
officers and employees of the department pursuant to the State Civil
Service Act, except as to positions exempt from civil service.
SEC. 108. Section 19816.12 of the Government Code is amended to
read:
19816.12. The department shall establish and maintain in suitable
form an official roster of all persons holding positions under this
part and enter thereupon their names, complete record of state
employment, and other facts prescribed by rule.
SEC. 109. Section 19818.2 of the Government Code is repealed.
SEC. 110. Section 19818.4 of the Government Code is repealed.
SEC. 111. Section 19818.14 of the Government Code is amended to
read:
19818.14. The department may designate an appointing power to
allocate positions to the Personnel Classification Plan in accordance
with Section 19818.6 and department rule. The department may audit
position allocations. If the department finds that an appointing
power has allocated positions inappropriately, the department may
order corrective action, including, but not limited to, reallocating
positions, voiding lawful personal transactions, and revoking or
restricting the appointing power's ability to allocate positions. If
an appointing power's allocation authority is revoked, the Department
of Finance may transfer a sufficient number of personnel from the
appointing power to the department to perform the previously
delegated work.
SEC. 112. Section 19822.5 of the Government Code is amended to
read:
19822.5. The department shall by rule authorize such expenditures
as are reasonably necessary for the meals, lodging, or travel of
persons who provide nonsalaried assistance to the department or a
designated appointing power in the preparation or conduct of written
or oral examinations.
SEC. 113. Section 19822.7 of the Government Code is amended to
read:
19822.7. (a) There is hereby created in the State Treasury the
Work and Family Fund to which funds shall be allocated from the
amount negotiated in memoranda of understanding between the state and
the recognized employee organization, as defined in Section 3513,
and appropriated by the Legislature, for the 2000-01 fiscal year and
subsequent fiscal years.
(b) The fund shall be used to establish and maintain work and
family programs for state employees. These programs may include, but
are not limited to, financial assistance to aid in the development of
child care centers administered by either nonprofit corporations
formed by state employees or child care providers, or to provide
grants, subsidies, or both grants and subsidies for child care and
elder care. Other programs may include enhancement or supplementation
of existing employee assistance program services and other work and
family programs.
(c) The fund shall be administered by the Department of Human
Resources. The amounts to be allocated and expended from funds
available for compensation shall be determined by the department.
(d) Notwithstanding Section 13340, the fund shall be available for
expenditure without regard to fiscal years through June 30, 2005. As
of June 30, 2005, the fund shall cease to exist and any balance in
the fund shall revert to the General Fund, unless the existence of
the fund is extended by statute and that statute is enacted and
becomes effective prior to June 30, 2005.
SEC. 114. Section 19889.4 of the Government Code is repealed.
SEC. 115. Section 13601 of the Penal Code is amended to read:
13601. (a) The CPOST shall develop, approve, and monitor
standards for the selection and training of state correctional peace
officer apprentices. Any standard for selection established under
this subdivision shall be subject to approval by the Department of
Human Resources. Using the psychological and screening standards
approved by the Department of Human Resources, the Department of
Human Resources or the Department of Corrections and Rehabilitation
shall ensure that, prior to training, each applicant who has
otherwise qualified in all physical and other testing requirements to
be a peace officer in either a youth or adult correctional facility,
is determined to be free from emotional or mental conditions that
might adversely affect the exercise of his or her duties and powers
as a peace officer pursuant to the standards developed by CPOST.
(b) The CPOST may approve standards for a course in the carrying
and use of firearms for correctional peace officers that is different
from that prescribed pursuant to Section 832. The standards shall
take into consideration the different circumstances presented within
the institutional setting from that presented to other law
enforcement agencies outside the correctional setting.
(c) Notwithstanding Section 3078 of the Labor Code, the length of
the probationary period for correctional peace officer apprentices
shall be determined by the CPOST subject to approval by the State
Personnel Board, pursuant to Section 19170 of the Government Code.
(d) The CPOST shall develop, approve, and monitor standards for
advanced rank-and-file and supervisory state correctional peace
officer and training programs for the Department of Corrections and
Rehabilitation. When a correctional peace officer is promoted within
the department, he or she shall be provided with and be required to
complete these secondary training experiences.
(e) The CPOST shall develop, approve, and monitor standards for
the training of state correctional peace officers in the department
in the handling of stress associated with their duties.
(f) Toward the accomplishment of the objectives of this act, the
CPOST may confer with, and may avail itself of the assistance and
recommendations of, other state and local agencies, boards, or
commissions.
(g) Notwithstanding the authority of the CPOST, the department
shall design and deliver training programs, shall conduct validation
studies, and shall provide program support. The CPOST shall monitor
program compliance by the department.
(h) The CPOST may disapprove any training courses created by the
department pursuant to the standards developed by CPOST if it
determines that the courses do not meet the prescribed standards.
(i) The CPOST shall annually submit an estimate of costs to
conduct those inquiries and audits as may be necessary to determine
whether the department and each of its institutions and parole
regions are adhering to the standards developed by the CPOST, and
shall conduct those inquiries and audits consistent with the annual
Budget Act.
(j) The CPOST shall establish and implement procedures for
reviewing and issuing decisions concerning complaints or
recommendations from interested parties regarding the CPOST rules,
regulations, standards, or decisions.
(k) This section shall become operative July 1, 2012.
SEC. 116. Section 10605 of the Welfare and Institutions Code is
amended to read:
10605. (a) If the director believes that a county is
substantially failing to comply with any provision of this code or
any regulation pertaining to any program administered by the
department, and the director determines that formal action may be
necessary to secure compliance, he or she shall inform the county
welfare director and the board of supervisors of that failure. The
notice to the county welfare director and board of supervisors shall
be in writing and shall allow the county a specified period of time,
not less than 30 days, to correct its failure to comply with the law
or regulations. If within the specified period the county does not
comply or provide reasonable assurances in writing that it will
comply within the additional time as the director may allow, the
director may take one or both of the following actions:
(1) Bring an action for injunctive relief to secure immediate
compliance.
Any county that is found to be failing to substantially comply
with the law or regulations pertaining to any program administered by
the department may be enjoined by any court of competent
jurisdiction. The court may make orders or judgments as may be
necessary to secure county compliance.
(2) Order the county to appear at a hearing before the director to
show cause why the director should not take administrative action to
secure compliance. The county shall be given at least 30 days'
notice of the hearing. The director shall consider the case on the
record established at the hearing and, within 30 days, shall render
proposed findings and a proposed decision on the issues. The proposed
findings and decisions shall be submitted to the county, and the
county shall have the opportunity to appear within 10 days, at a time
and place as may be determined by the director, for the purpose of
presenting oral arguments respecting the proposed findings and
decisions. Thereupon, the director shall make final findings and
issue a final administrative decision.
(b) If the director determines, based on the record established at
the hearing pursuant to paragraph (2) of subdivision (a), that the
county is failing to comply with laws or regulations pertaining to
any program administered by the department, or if the Department of
Human Resources certifies to the director that a county is not in
conformity with established merit system standards under Part 2.5
(commencing with Section 19800) of Division 5 of Title 2 of the
Government Code, and that administrative sanctions are necessary to
secure compliance, the director may invoke either of the following
sanctions, except that the sanctions shall not be invoked
concurrently:
(1) Except for child welfare services programs, withhold all or
part of state and federal funds from the county until the county
demonstrates to the director that it has complied.
(2) (A) Assume, temporarily, direct responsibility for the
administration of all or part of any or all programs administered by
the department in the county until the time as the county provides
reasonable written assurances to the director of its intention and
ability to comply. During the period of direct state administrative
responsibility, the director or his or her authorized representative
shall have all of the powers and responsibilities of the county
director, except that he or she shall not be subject to the authority
of the board of supervisors.
(B) (i) In the event that the director invokes sanctions pursuant
to this section, the county shall be responsible for providing any
funds as may be necessary for the continued operation of all programs
administered by the department in the county. If a county fails or
refuses to provide these funds, including a sufficient amount to
reimburse any and all costs incurred by the department in directly
administering any program in the county, the Controller may deduct an
amount certified by the director as necessary for the continued
operation of these programs by the department from any state or
federal funds payable to the county for any purpose.
(ii) In the event of a state-imposed sanction, the amount of the
sanction shall be no greater than the amount of county funds that the
county would be required to contribute to fully match the state
General Fund allocation for the particular program or programs for
which the county is being sanctioned for those programs that are not
Public Safety Programs realigned pursuant to 2011 realignment
legislation.
(iii) In the event of a state-imposed sanction pursuant to this
paragraph for the Public Safety Programs realigned pursuant to 2011
realignment legislation that are administered by the Department of
Social Services, the amount of the sanction shall be no greater than
the amount of funding originally provided to the county in the
2011-12 fiscal year for the particular program from the Protective
Services Subaccount within the Support Services Account of the Local
Revenue Fund 2011, as adjusted by the county's share of the
additional incremental funding provided pursuant to paragraph (2) of
subdivision (f) of Section 30027.5 of, paragraph (2) of subdivision
(f) of Section 30027.6 of, paragraph (2) of subdivision (f) of
Section 30027.7 of, and paragraph (2) of subdivision (f) of Section
30027.8 of, the Government Code, the estimated growth funding for the
program from the Support Services Growth Subaccount within the Sales
and Use Tax Growth Account, and any adjustment to the county
allocation pursuant to subdivisions (a) and (b) of Section 30029.5 of
the Government Code.
(c) (1) The department is authorized to conduct or have conducted
audits and reviews in order to meet its obligations for child welfare
programs and to ensure the protection of children and families.
(2) Except for cases in which there is a risk of immediate harm to
a minor, the department shall provide the county with at least
30-calendar days' notice of the department's intent to perform an
audit or review. This notice shall include the intended purpose,
scope, and timing of the audit or review.
(3) The county shall have an opportunity to respond to the audit
or review and may request an extension of up to 30 calendar days,
that shall be granted by the director if there is good cause and
unless there is a risk of immediate harm to a minor. The request for
extension shall be submitted to the department within 10 business
days of receipt of the audit or review notice. The department, in
consultation with the California State Association of Counties, shall
develop a definition of good cause for the purposes of this section.
(4) Nothing in the notice required by paragraph (2) shall be
construed to limit the authority of the department under federal or
state law to examine other information or records should that become
prudent or necessary during the course of the audit or review.
(5) The county shall be presented with the audit or review
findings at the conclusion of the audit or review. The county shall
have 10 business days to provide a written response to the audit or
review findings. The department shall have 10 business days
thereafter to issue a final response to the county's written
response. Both the county response and the department's written
response shall be published as part of the audit or review and made
final.
(6) The audit or review shall not result in a fiscal sanction to
the county, as defined in subdivision (b).
(7) The department may impose a fiscal disallowance if there is a
finding of misappropriation of funding, and the county shall be
afforded due process as specified in subdivision (d).
(d) (1) If the audit or review specified in subdivision (c)
results in a fiscal disallowance, the county may request a hearing
within 30 calendar days of the notice of sanction or finalized audit
or review. The hearing request shall be in writing and shall be known
as the Statement of Disputed Issues, which shall set forth the
issues in dispute, and the county's contentions as to those issues,
including any documentation to support the county's contentions. The
hearing shall take place before a hearing officer designated by the
director to examine any disputed audit or review finding.
(A) Following the hearing, the hearing officer shall submit the
proposed final audit or review of the findings to the director. The
director may take any of the following actions:
(i) Adopt the proposed findings with or without reading the
record. The findings shall be final upon adoption by the director.
(ii) Reject the proposed findings and have findings prepared based
upon the documentation presented at the hearing.
(iii) Refer the matter back to the hearing officer to receive
additional information and prepare new findings.
(B) The final audit or review of the findings shall include the
county's Statement of Disputed Issues, including its accompanying
documentation. The final audit or review of the findings shall be
subject to judicial review.
(e) Nothing in this section shall be construed as preventing the
department from bringing an action for writ of mandamus or any other
action in court as may be appropriate to ensure no interruption in
the provision of benefits to any person eligible therefore under
federal law, the provisions of this code or the regulations of the
department.
(f) (1) Nothing in this section shall be construed as relieving
the board of supervisors of the responsibility to provide funds
necessary for the continued services required by law.
(2) Nothing contained in this section shall be construed as
preventing a county from seeking judicial review of action taken by
the director pursuant to this section under Section 1094.5 of the
Code of Civil Procedure or, except in cases arising under Sections
10962 and 10963, from seeking injunctive relief when deemed
appropriate.
SEC. 117. Section 10801 of the Welfare and Institutions Code is
amended to read:
10801. A county director shall be appointed in each county by the
board of supervisors or other agency designated by county charter,
subject to either local merit system standards or to standards
prescribed under the merit system required by state law.
The county director shall at all times be under the general
direction and supervision of the board of supervisors, unless
otherwise provided by county charter.
