Amended in Senate August 24, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 129


Introduced by Committee on Budget (Weber (Chair), Bloom, Bonta, Campos, Chiu, Cooper, Gordon, Jones-Sawyer, McCarty, Mullin, Nazarian, O'Donnell, Rodriguez, Thurmond, Ting, and Williams)

January 9, 2015


begin deleteAn act relating to the Budget Act of 2015. end deletebegin insertAn act to amend Sections 18546, 18990, 18991, 18992, 18993, 19057.1, 19057.3, 19889, 19889.2, and 19889.3 of, to add Section 19889.4 to, and to repeal Sections 19057, 19057.2, and 19057.4 of, the Government Code, relating to state civil service, and making an appropriation therefor, to take effect immediately, bill related to the budget.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 129, as amended, Committee on Budget. begin deleteBudget Act of 2015. end deletebegin insertState civil service.end insert

begin insert

(1) The California Constitution provides that the civil service includes every officer and employee in the state except as otherwise provided in the Constitution, and existing statutory law, the State Civil Service Act, prescribes a comprehensive civil service personnel system for the state. The act grants eligibility for promotional civil service examinations and career executive assignment examinations to persons who meet certain requirements and minimum qualifications and who are employed by the Legislature, persons who are retired from the United States armed forces, honorably discharged from active military duty with a service-connected disability, or honorably discharged from active duty, or persons who were employees of the executive branch in exempt positions.

end insert
begin insert

This bill would revise eligibility standards applicable to people who were employed by the Legislature, people who retired or were discharged from the armed forces, and people who were formerly employed in exempt, executive branch positions, as described above, to permit them, upon request, to obtain civil service appointment list eligibility by taking promotional exams or career executive exams for which they meet minimum qualifications, as specified. The bill would eliminate the requirement that an employee or veteran, in this context, select only one promotional examination in which to compete when multiple examinations are given. Among other things, the bill would also remove a time limit on this eligibility granted to specified former employees of the Legislature and employees of the executive branch in exempt positions.

end insert
begin insert

(2) Existing law generally requires that appointments to vacant positions be made by lists. Existing law requires, with specified exceptions, that an appointing power receive the names and addresses of the three persons highest on a promotional employment list for the class in which a position belongs, and if there are fewer than three names, as specified, additional names are provided from the various lists next lower in order of preference. Existing law prescribes requirements for providing names to an appointing power for positions designated as management and specifies a method of ranking eligible candidates in this context. Existing law prescribes requirements for providing names to an appointing power for positions designated as supervisory and not professional, scientific, or administrative, and that are not examined for on an open basis, and specifies a method of ranking eligible candidates in this context. Existing law requires an appointing power to fill a position from the names of the persons provided.

end insert
begin insert

This bill would repeal these provisions and make conforming changes.

end insert
begin insert

(3) Existing law provides for career executive assignments to encourage the development for well-qualified executives and requires the State Personnel Board to establish, by a rule, a system of merit personnel administration specifically suited to the selection and placement of executive personnel. The State Civil Service Act defines career executive. Existing law requires the State Personnel Board, by rule, to provide that employees whose appointments to career executive assignments are terminated to be reinstated to civil service positions, as specified, at their option.

end insert
begin insert

This bill would revise the definition of career executive to eliminate the requirement that the person have permanent status in the civil service. This bill would provide that various provisions relating to personnel examinations don’t apply to career executive assignments unless provided for by rule, as specified. The bill would grant reinstatement rights to employees who at the time of appointment to a career executive assignment were not employed by the state but who had previously worked for it and had gained permanent civil service status. The bill would grant an employee who at the time of his or her appointment to a career executive assignment did not have civil service status eligibility to compete in any promotional examination for which he or she meets the minimum qualifications as prescribed by the class specification, except as specified, and would provide these employees other rights in this context, including the right to defer examinations and to transfer list eligibility in the same manner as civil service employees.

end insert
begin insert

The bill would make an appropriation from the General Fund of $300,000 to the Department of Finance for the purpose of funding the posting on the department’s Internet Web site of all budget requests included as part of the Governor’s Budget.

end insert
begin insert

This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

end insert
begin delete

This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2015.

end delete

Vote: majority. Appropriation: begin deleteno end deletebegin insertyesend insert. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

The people of the State of California do enact as follows:

P3    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 18546 of the end insertbegin insertGovernment Codeend insertbegin insert is
2amended to read:end insert

3

18546.  

begin delete(a)end deletebegin deleteend delete“Career executive” means an employee appointed
4from an employment list established for the express purpose of
5providing a list of personsbegin delete with permanent status in the civil serviceend delete
6 who arebegin delete availableend deletebegin insert eligibleend insert for career executive assignments,begin insert as
7specifiedend insert
inbegin insert Article 5 (commencing with Section 18990) of Chapter
84 and Article 9 (commencing with Section 19889) of Chapter 2.5
9of Part 2.6, inend insert
whichbegin delete selection,end deletebegin insert examination, selection,end insert
10 classification, salary, tenure, and other conditions of employment
11may be varied from those prevailing under Chapter 3 (commencing
12with Section 18800) to Chapter 7 (commencing with Section
1319570), inclusive, for other employees in the state civil service.

begin delete

P4    1(b) This section shall become operative on January 1, 2013.

end delete
2begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 18990 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
3read:end insert

4

18990.  

(a) Notwithstanding any other provision of law or rule,
5persons employed by the Legislature for two or more consecutive
6years shall bebegin delete eligibleend deletebegin insert given an opportunity, upon request,end insert tobegin delete apply
7forend delete
begin insert obtain civil service appointment list eligibility by taking anyend insert
8 promotional civil servicebegin delete examinations, including examinations
9forend delete
begin insert examination orend insert career executivebegin delete assignments,end deletebegin insert assignment
10examinationsend insert
for which they meet the minimum qualificationsbegin delete as
11prescribed byend delete
begin insert ofend insert the classbegin delete specification.end deletebegin insert for which they seek
12appointment.end insert
Persons receiving passing scores shallbegin delete have their
13names placed on promotional lists resulting from these
14examinations or otherwiseend delete
gainbegin delete eligibility for appointment.end deletebegin insert list
15eligibility or appointment.end insert
In evaluating minimum qualifications,
16begin delete relatedend deletebegin insert a person’send insert legislative experience shall be considered state
17civil service experience in a comparablebegin delete class, based onend deletebegin insert class that
18hasend insert
thebegin insert same or substantially similarend insert duties and responsibilities
19begin delete assigned.end deletebegin insert as the person’s legislative position.end insert

begin delete

20(b) In cases where promotional examinations are given by more
21than one department for the same classification, the employee shall
22select one department in which to compete. Once this selection is
23made, it cannot be changed for the duration of the promotional list
24established from the examination in which the employee
25participated. Employees may transfer list eligibility between
26departments in the same manner as provided for civil service
27employees.

end delete
begin delete end deletebegin delete

28(c) Employees who meet the requirements of this section, are
29employed by the Legislature, and who resign or are released from
30service, shall be eligible to take promotional civil service
31examinations, including examinations for career executive
32assignments, for one year following their resignation or release in
33accordance with subdivisions (a) and (b).

end delete
begin delete end deletebegin delete

34(d) Employees

end delete

35begin insert(b)end insertbegin insertend insertbegin insertPersons end insertwho meet the requirements of this section,begin delete are
36employed by the office of the Auditor General or the office of the
37Legislative Analyst as of January 1, 1992, andend delete
begin insert butend insert whobegin delete resignend delete
38begin insert resignedend insert orbegin delete areend deletebegin insert wereend insert released from servicebegin delete due to a force reduction
39ofend delete
begin insert withend insert thebegin delete Legislature before January 1, 1994,end deletebegin insert Legislature,end insert shall
40be eligible to take promotional civil servicebegin delete examinations, includingend delete
P5    1begin insert examinations andend insert career executivebegin delete assignments, for three years
2following their resignation or releaseend delete
begin insert assignment examinationsend insert in
3accordance withbegin delete subdivisions (a) and (b).end deletebegin insert subdivision (a).end insert

begin delete end deletebegin delete

4(e) An employee who establishes eligibility on a promotional
5civil service list, either pursuant to subdivision (c) or (d) or prior
6to having resigned or having been released in a manner to which
7subdivision (c) or (d) would apply, shall maintain that eligibility
8for the duration of that particular list.

end delete
begin delete end deletebegin delete end deletebegin delete

9(f) This section shall become operative on January 1, 2013.

end delete
begin delete end delete
10begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 18991 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
11read:end insert

12

18991.  

begin delete (a)end deletebegin delete end deletebegin deleteend deletebegin delete end deleteNotwithstanding any other provision of law,
13persons retired from the United States military, honorably
14discharged from active military duty with a service-connected
15disability, or honorably discharged from active duty, shall be
16eligible to apply for promotional civil servicebegin delete examinations,
17includingend delete
examinationsbegin delete forend deletebegin insert andend insert career executivebegin delete assignments,end delete
18begin insert assignment examinationsend insert for which they meet the minimum
19qualificationsbegin delete as prescribed byend deletebegin insert ofend insert the classbegin delete specification.end deletebegin insert to which
20they seek appointment.end insert
Persons receiving passing scores shallbegin delete have
21their names placed on promotional lists resulting from these
22examinations or otherwiseend delete
gainbegin insert listend insert eligibility for appointment. In
23evaluating minimum qualifications,begin delete relatedend deletebegin insert the person’send insert military
24experience shall be considered state civil service experience in a
25comparablebegin delete class, based onend deletebegin insert class that hasend insert thebegin insert same or substantially
26similarend insert
duties and responsibilitiesbegin delete assigned.end deletebegin insert as the person’s position
27in the military.end insert

begin delete

28(b) In cases where promotional examinations are given by more
29than one department for the same classification, the employee shall
30select one department in which to compete. Once this selection is
31made, it cannot be changed for the duration of the promotional list
32established from the examination in which the employee
33participated. Employees may transfer list eligibility between
34departments in the same manner as provided for civil service
35employees.

end delete
36begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 18992 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
37read:end insert

38

18992.  

(a) Notwithstanding any other provision of law or rule,
39persons holding, for two or more consecutive years, nonelected
40exempt positions in the executive branch of government as defined
P6    1in subdivisions (c), (e), (f), (g), (i), and (m) of Section 4 of Article
2VII of the Constitution and excluding those positions for which
3the salaries are set by statute, shall bebegin delete eligibleend deletebegin insert given the
4opportunity, upon request,end insert
tobegin delete apply forend deletebegin insert obtain civil service
5appointment list eligibility by taking anyend insert
promotional civil service
6begin delete examinations, including, but not limited to, examinations forend delete
7begin insert examination orend insert career executivebegin delete assignmentsend deletebegin insert assignment
8examinationend insert
for which they meet the minimum qualificationsbegin delete as
9prescribed byend delete
begin insert ofend insert the classbegin delete specification.end deletebegin insert to which they seek
10appointment.end insert
Persons receiving passing scores shallbegin delete have their
11names placed on promotional lists resulting from these
12examinations or otherwiseend delete
gainbegin insert listend insert eligibility for appointment. In
13evaluating minimum qualifications,begin delete relatedend deletebegin insert the person’s experience
14in theend insert
exemptbegin delete experienceend deletebegin insert positionend insert shall be considered state civil
15service experience in a comparablebegin delete class.end deletebegin insert class that has the same
16or substantially similar duties and responsibilities as the person’s
17exempt position.end insert

begin delete

18(b) In cases where promotional examinations are given by more
19than one appointing authority for the same classification, the
20employee shall select one appointing authority in which to compete.
21Once this selection is made, it cannot be changed for the duration
22of the promotional list established from the examination in which
23the employee participated. Employees may transfer list eligibility
24between appointing authorities in the same manner as provided
25for civil service employees.

end delete
begin delete end deletebegin delete

26(c) Employees

end delete

27begin insert(b)end insertbegin insertend insertbegin insertPersons end insertwho meet the requirements of thisbegin delete section andend delete
28begin insert section, butend insert whobegin delete resignend deletebegin insert resignedend insert orbegin delete areend deletebegin insert wereend insert released from exempt
29employment of the executive branch ofbegin delete governmentend deletebegin insert government,end insert
30 shall be eligible to take promotional civil servicebegin delete examinations,
31includingend delete
examinationsbegin delete forend deletebegin insert andend insert career executivebegin delete assignments, for
32one year following their resignation or releaseend delete
begin insert assignment
33examinationsend insert
in accordance withbegin delete subdivisions (a) and (b).end delete
34begin insert subdivision (a).end insert

begin delete end deletebegin delete

35(d) An employee who establishes eligibility on a promotional
36civil service list, either pursuant to subdivision (c) or prior to
37having resigned or having been released in a manner to which
38subdivision (c) would apply, shall maintain that eligibility for the
39duration of that particular list.

end delete
begin delete end deletebegin delete end deletebegin delete

40(e) This section shall become operative on January 1, 2013.

end delete
begin delete end delete
P7    1begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 18993 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
2read:end insert

3

18993.  

(a) Notwithstanding any other provision of law, a
4legislative or nonelected exempt executive branch employee who
5is appointed to a career executive assignment pursuant to Section
618990 or 18992, shall be eligible to compete in his or her
7begin delete department’send deletebegin insert appointing power’send insert promotional examinations for
8which he or she meets the minimumbegin delete qualifications.end deletebegin insert qualifications
9of the class to which he or she seeks appointment.end insert
When such an
10employee’s career executive assignment is terminated by the
11appointing power, he or she shall have the right to request a
12deferred examination for any promotional eligible listbegin delete forend deletebegin insert thatend insert his
13or herbegin delete departmentend deletebegin insert appointing power hasend insert in existence at the time
14of thebegin delete appointmentend delete terminationbegin delete ifend deletebegin insert of the career executive
15assignment and for whichend insert
he or she meets the minimum
16qualificationsbegin delete specified forend deletebegin insert ofend insert thebegin delete promotional examination.end deletebegin insert class
17to which he or she seeks appointment.end insert

18(b) A request for a deferred examination pursuant to subdivision
19(a) shall be made no later than 10 days after the effective date of
20the termination of the career executive assignment. The department
21shall administer the deferred examination within 30 days of the
22date of the request.

23begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 19057 of the end insertbegin insertGovernment Codeend insertbegin insert is repealed.end insert

begin delete
24

19057.  

Except as provided in Section 19056, there shall be
25certified to the appointing power the names and addresses of the
26three persons standing highest on the promotional employment
27list for the class in which the position belongs and who have
28indicated their willingness to accept appointment under the
29conditions of employment specified. If fewer than three names of
30persons willing to accept appointment are on the list from which
31certification is to be made, then additional eligibles shall be
32certified from the various lists next lower in order of preference
33until three names are certified. If there are fewer than three names
34on such lists, there shall be certified the number thereon. In such
35case the appointing power may demand certification of three names
36and examinations shall be conducted until three names may be
37certified. The appointing power shall fill the position by the
38appointment of one of the persons certified.

end delete
39begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 19057.1 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
40to read:end insert

P8    1

19057.1.  

begin deleteNotwithstanding Section 19057, end deletebegin insertExcept end insertforbegin delete positions
2in classes designated as professional, scientific, or administrative,
3or for any open employment list,end delete
begin insert reemployment lists, State
4Restriction of Appointment lists, and Limited Examination and
5Appointment Program referral lists,end insert
there shall be certified to the
6appointing power the names and addresses of all those eligibles
7whose scores, atbegin insert theend insert time of certification, represent the three highest
8ranks on the employment list for the class, and who have indicated
9their willingness to accept appointment under the conditions of
10employment specified.

11For purposes of ranking, scores of eligibles on employment lists
12begin delete for these classesend deletebegin insert covered by this sectionend insert shall be rounded to the
13nearest whole percent. A rank shall consist of one or more eligibles
14with the same whole percentage score.

15If the names on the list from which certification is being made
16represent fewer than three ranks,begin delete thenend deletebegin insert then, consistent with board
17rules,end insert
additional eligiblesbegin delete shallend deletebegin insert mayend insert be certified from the various
18lists next lower in order of preference until names from three ranks
19appear. If there are fewer than three names available for
20certification, and the appointing authority does not choose to
21appoint from among these, the appointing authority may demand
22certification of three names. In that case, examinations shall be
23conducted until at least three names may be certified by the
24procedure described in this section, and the appointing authority
25shall fill the position by appointment of one of the persons certified.

26Fractional examination scores shall be provided to, and used by,
27the Department of the California Highway Patrol for its peace
28officer classes.

29The departmentbegin delete mayend deletebegin insert may, consistent with board rules,end insert provide
30for certifying less than three ranks where the size of the certified
31group is disproportionate to the number of vacancies.

32begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 19057.2 of the end insertbegin insertGovernment Codeend insertbegin insert is repealed.end insert

begin delete
33

19057.2.  

Notwithstanding the provisions of Section 19057, for
34positions in classes designated as management, there shall be
35certified to the appointing power the names and addresses of all
36those applicants whose scores, at the time of certification, represent
37the three highest ranks on the employment list for the class, and
38who have indicated their willingness to accept appointment under
39the conditions of employment specified.

P9    1For purposes of ranking, scores of eligibles on employment lists
2for such classes shall be divided into six ranks. The first rank shall
3consist of eligibles who receive a score of 95 percent or higher.
4The second rank shall consist of eligibles who receive a score of
590 to 94 percent, inclusive. The third rank shall consist of eligibles
6who receive a score of 85 to 89 percent, inclusive. The fourth rank
7shall consist of eligibles who receive a score of 80 to 84 percent,
8inclusive. The fifth rank shall consist of eligibles who receive a
9score of 75 to 79 percent, inclusive. The sixth rank shall consist
10of eligibles who receive a score of 70 to 74 percent, inclusive. All
11examination scores for positions in these classes shall be rounded
12to the nearest whole percent.

13If the names on the list from which certification is being made
14represent fewer than three ranks, then additional eligibles shall be
15certified from the various lists next lower in order of preference
16until names from three ranks appear. If there are fewer than three
17names available for certification, and the appointing authority does
18not choose to appoint from among these, the appointing authority
19may demand certification of three names. In such case,
20examinations shall be conducted until at least three names may be
21certified by the procedure described in this section, and the
22appointing authority shall fill the position by appointment of one
23of the persons certified.

24The department may certify less than three ranks where the size
25of the certified group is disproportionate to the number of
26vacancies.

end delete
27begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 19057.3 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
28to read:end insert

29

19057.3.  

(a) begin deleteNotwithstanding Section 19057, for end deletebegin insertFor end inserta position
30in the Department of Corrections and Rehabilitation, there shall
31be certified to the appointing power the names and addresses of
32all those eligibles for peace officer and closely allied classes whose
33scores, at the time of certification, represent the three highest ranks
34on the employment list for the class in which the position belongs
35and who have indicated their willingness to accept appointment
36under the conditions of employment specified.

37(b) For purposes of ranking, scores of eligibles on employment
38lists for the classes shall be rounded to the nearest whole percent.
39A rank consists of one or more eligibles with the same whole
40percentage score.

P10   1(c) If fewer than three ranks of persons willing to accept
2appointment are on the list from which certification is to be made,
3then additional eligibles shall be certified from the various lists
4next lower in order of preference until names from three ranks are
5certified. If there are fewer than three names on those lists, and
6the appointing power does not choose to appoint from among these,
7the appointing power may demand certification of three names
8and examinations shall be conducted until at least three names
9may be certified. The appointing power shall fill the position by
10the appointment of one of the persons certified.

11(d) The department may, consistent with board rules, provide
12for certifying less than three ranks where the size of the certified
13group is disproportionate to the number of vacancies.

14(e) The department may, consistent with board rules, allow for
15the names of eligibles to be transferred from lists for the same
16class or comparable classes where names from one list were
17certified under the rule of three ranks, and names from the other
18list were certified under the rule of three names.

19begin insert

begin insertSEC. 10.end insert  

end insert

begin insertSection 19057.4 of the end insertbegin insertGovernment Codeend insertbegin insert is repealed.end insert

begin delete
20

19057.4.  

Notwithstanding Section 19057, for positions in
21classes which are designated by the board as supervisory and not
22professional, scientific, or administrative, and are not examined
23for on an open basis, there shall be certified to the appointing power
24the names and addresses of all those eligible whose scores, at the
25time of certification, represent the highest rank on the employment
26list for the class, and who have indicated their willingness to accept
27appointment under the conditions of employment specified.

28For purposes of ranking, scores of eligible on employment lists
29for these classes shall be rounded to the nearest whole percent. A
30rank shall consist of one or more eligibles with the same whole
31percentage score.

32If the highest rank contains fewer than three eligibles, then the
33next highest rank shall be certified until a minimum of three
34eligibles willing to accept appointment under the conditions
35specified are certified. If fewer than three names of persons willing
36to accept appointment are on the list from which certification is
37to be made, then additional eligibles shall be certified from the
38various lists next lower in order of preference until three names
39are certified. If there are fewer than three names available for
40certification, and the appointing authority does not choose to
P11   1appoint from among these, the appointing authority may demand
2certification of three names. In that case, examinations shall be
3conducted until at least three names may be certified by the
4procedure described in this section, and the appointing authority
5shall fill the position by appointment of one of the persons certified.

6Fractional examination scores shall be provided to, and utilized
7by, the California Highway Patrol for its peace officer classes.

end delete
8begin insert

begin insertSEC. 11.end insert  

end insert

begin insertSection 19889 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
9to read:end insert

10

19889.  

It is the purpose of this article to encourage the
11development and effective usebegin delete in the civil serviceend delete of well-qualified
12and carefully selected executives. In order to carry out thisbegin delete purposeend delete
13begin insert purpose,end insert the State Personnel Board shall establish by rule abegin delete system
14ofend delete
meritbegin delete personnel administrationend deletebegin insert systemend insert specifically suited to the
15selection and placement of executive personnel. The department
16shall be responsible for salary administration, position
17classification, and for the motivation and training of executive
18personnel. For the purpose of administering this system there is
19established herewith a category of civil service appointment called
20“career executive assignments.” The department shall designate
21positions of a high administrative and policy influencing character
22for inclusion in or removal from this category subject to review
23by the State Personnel Board, except that the department shall not
24so designate a position in which there is an incumbent already
25appointed under the provisions of this part governing employees
26other than career executives.

27begin insert

begin insertSEC. 12.end insert  

end insert

begin insertSection 19889.2 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
28to read:end insert

29

19889.2.  

The provisions of this part governing thebegin insert examination,end insert
30 selection, classification, and tenure of employees in the regular
31civil service shall not applybegin delete in administering executive personnel
32through a merit system utilizingend delete
begin insert toend insert “career executive assignments”
33unlessbegin delete the application isend delete providedbegin insert forend insert by State Personnel Board
34rule. The provisions of this part relating to punitive actions shall
35apply tobegin insert allend insert employees serving in career executive assignments,
36except that termination of a career executive assignment as
37provided for in Section 19889.3 is not a punitive action.begin delete With
38reference to termination of career executive assignments, theend delete
State
39Personnel Board rules shall,begin delete asend deletebegin insert atend insert a minimum, affordbegin delete an employeeend delete
40begin insert all employees whose career executive assignments are terminated
P12   1by the appointing powerend insert
a right of appeal to the State Personnel
2Board for restoration of his or her assignment when he or she
3alleges thatbegin delete his or herend deletebegin insert theend insert termination was for reasons prohibited
4in Chapter 10 (commencing with Section 19680) of Part 2.

5begin insert

begin insertSEC. 13.end insert  

end insert

begin insertSection 19889.3 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
6to read:end insert

7

19889.3.  

(a) Eligibility for appointment to positions in the
8career executive assignment category shall be established as a
9result of competitivebegin delete examination of persons with permanent status
10in the civil service whoend delete
begin insert examinations. All candidates shallend insert meet
11such minimum qualifications as the State Personnel Board may
12determine are requisite to the performance of high administrative
13and policy influencing functions.

14(b) No person employed in a career executive assignment shall
15be deemed to acquire as a result of such service any rights to or
16status in positions governed by the provisions of this part relating
17to the civil service other than the category of career executive
18assignment, except as provided by State Personnel Board rule.

begin delete end deletebegin delete

19(c) The State Personnel Board shall provide by rule that an
20employee shall, if he or she so desires, at the termination of his or
21her appointment to a career executive assignment, be reinstated to
22a civil service position that is (1) not a career executive assignment
23and (2) that is at least at the same salary level as the last position
24that he or she held as a permanent or probationary employee. If
25the employee has completed a minimum of five years of state
26service, he or she may return to a position that is (1) at substantially
27the same salary level as the last position in which he or she had
28permanent or probationary status or (2) at a salary level that is at
29least two steps lower than that of the career executive position
30from which the employee is being terminated.

end delete
begin delete end deletebegin delete end deletebegin delete

31(d) For the purpose of this section “employee” means a
32permanent employee, or an employee serving under another
33appointment who previously had permanent status and who, since
34such permanent status, has had no break in the continuity of his
35or her state service.

end delete
begin delete end deletebegin delete end deletebegin delete

36(e) This section shall become operative on January 1, 2013.

end delete
begin delete end delete
37begin insert

begin insertSEC. 14.end insert  

end insert

begin insertSection 19889.4 is added to the end insertbegin insertGovernment Codeend insertbegin insert,
38to read:end insert

begin insert
P13   1

begin insert19889.4.end insert  

In accordance with State Personnel Board rules, the
2following shall apply when an appointing power terminates a
3career executive assignment:

4(a) An employee who at the time of his or her appointment to a
5career executive assignment was employed by the state and had
6permanent civil service status shall, if he or she so desires, be
7reinstated to a civil service position that is (1) not a career
8executive assignment and (2) that is at least at the same salary
9level as the last position that he or she held as a permanent or
10probationary employee. If the employee had completed a minimum
11of five years of state service, he or she may return to a position
12that is (1) at substantially the same salary level as the last position
13in which he or she had permanent or probationary status or (2)
14at a salary level that is at least two steps lower than that of the
15career executive position from which the employee is being
16terminated.

17(b) Article 5 (commencing with Section 19140) of Chapter 5 of
18Part 2 shall apply to an employee who at the time of his or her
19appointment to a career executive assignment was not employed
20by the state but who had previously worked for the state and gained
21permanent civil service status.

22(c) (1) Unless otherwise provided in Article 5 (commencing
23with Section 18990) of Chapter 4 of Part 2, an employee who at
24the time of his or her appointment to a career executive assignment
25was from outside civil service shall be eligible to compete in any
26promotional examination for which he or she meets the minimum
27qualifications as prescribed by the class specification. An employee
28receiving a passing score shall have his or her name placed on
29the promotional list resulting from the examination or otherwise
30gain eligibility for appointment. He or she shall have the right to
31request a deferred examination for any promotional eligible list
32that is in existence at the time the career executive assignment is
33terminated and for which he or she meets the minimum
34qualifications as prescribed by the class specification. For
35purposes of evaluating minimum qualifications, related experience
36gained in a career executive assignment shall be considered as
37state civil service experience in a comparable class. Employees
38may transfer list eligibility between appointing powers in the same
39manner as provided for civil service employees.

P14   1(2) A request for a deferred examination pursuant to paragraph
2(1) shall not be made later than 10 days after the effective date of
3the termination of the career executive assignment. The department
4or its designee shall administer the deferred examination within
530 days of the date of the request.

end insert
6begin insert

begin insertSEC. 15.end insert  

end insert
begin insert

The sum of three hundred thousand dollars ($300,000)
7is hereby appropriated from the General Fund to the Department
8of Finance for the purpose of funding the posting on the
9department’s Internet Web site of all budget requests included as
10part of the Governor’s Budget.

end insert
11begin insert

begin insertSEC. 1end insertbegin insert6.end insert  

end insert
begin insert

This act is a bill providing for appropriations related
12to the Budget Bill within the meaning of subdivision (e) of Section
1312 of Article IV of the California Constitution, has been identified
14as related to the budget in the Budget Bill, and shall take effect
15immediately.

end insert
begin delete
16

SECTION 1.  

It is the intent of the Legislature to enact statutory
17changes relating to the Budget Act of 2015.

end delete


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