Amended in Senate August 31, 2015

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


An 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.

LEGISLATIVE COUNSEL’S DIGEST

AB 129, as amended, Committee on Budget. State civil service.

(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.

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.

(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.

This bill would repeal these provisions and make conforming changes.

(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.

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 assignmentbegin delete did not haveend deletebegin insert was from outsideend insert civil servicebegin delete 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, includingend delete the right to deferbegin delete examinations and to transfer list eligibility in the same manner as civil service employees.end deletebegin insert examination for any open eligible list, as specified, in existence at the time of the termination of the career executive assignment for which he or she meets the minimum qualifications of the class to which appointment is sought. The bill would require, in this regard, that related experience gained in a career executive assignment be considered state civil service experience in a comparable class, as specified.end 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.

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

Vote: majority. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no.

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

P3    1

SECTION 1.  

Section 18546 of the Government Code is
2amended to read:

3

18546.  

“Career executive” means an employee appointed from
4an employment list established for the express purpose of providing
5a list of persons who are eligible for career executive assignments,
6as specified in Article 5 (commencing with Section 18990) of
7Chapter 4 and Article 9 (commencing with Section 19889) of
P4    1Chapter 2.5 of Part 2.6, in which examination, selection,
2classification, salary, tenure, and other conditions of employment
3may be varied from those prevailing under Chapter 3 (commencing
4with Section 18800) to Chapter 7 (commencing with Section
519570), inclusive, for other employees in the state civil service.

6

SEC. 2.  

Section 18990 of the Government Code is amended
7to read:

8

18990.  

(a) Notwithstanding any other provision of law or rule,
9persons employed by the Legislature for two or more consecutive
10years shall be given an opportunity, upon request, to obtain civil
11service appointment list eligibility by taking any promotional civil
12service examination or career executive assignment examinations
13for which they meet the minimum qualifications of the class for
14which they seek appointment. Persons receiving passing scores
15shall gain list eligibility or appointment. In evaluating minimum
16qualifications, a person’s legislative experience shall be considered
17state civil service experience in a comparable class that has the
18same or substantially similar duties and responsibilities as the
19person’s legislative position.

20(b) Persons who meet the requirements of this section, but who
21resigned or were released from service with the Legislature, shall
22be eligible to take promotional civil service examinations and
23career executive assignment examinations in accordance with
24subdivision (a).

25

SEC. 3.  

Section 18991 of the Government Code is amended
26to read:

27

18991.  

Notwithstanding any other provision of law, persons
28retired from the United States military, honorably discharged from
29active military duty with a service-connected disability, or
30honorably discharged from active duty, shall be eligible to apply
31for promotional civil service examinations and career executive
32assignment examinations for which they meet the minimum
33qualifications of the class to which they seek appointment. Persons
34receiving passing scores shall gain list eligibility for appointment.
35In evaluating minimum qualifications, the person’s military
36experience shall be considered state civil service experience in a
37comparable class that has the same or substantially similar duties
38and responsibilities as the person’s position in the military.

39

SEC. 4.  

Section 18992 of the Government Code is amended
40to read:

P5    1

18992.  

(a) Notwithstanding any other provision of law or rule,
2persons holding, for two or more consecutive years, nonelected
3exempt positions in the executive branch of government as defined
4in subdivisions (c), (e), (f), (g), (i), and (m) of Section 4 of Article
5VII of the Constitution and excluding those positions for which
6the salaries are set by statute, shall be given the opportunity, upon
7request, to obtain civil service appointment list eligibility by taking
8any promotional civil service examination or career executive
9assignment examination for which they meet the minimum
10qualifications of the class to which they seek appointment. Persons
11receiving passing scores shall gain list eligibility for appointment.
12In evaluating minimum qualifications, the person’s experience in
13the exempt position shall be considered state civil service
14experience in a comparable class that has the same or substantially
15similar duties and responsibilities as the person’s exempt position.

16(b) Persons who meet the requirements of this section, but who
17resigned or were released from exempt employment of the
18executive branch of government, shall be eligible to take
19promotional civil service examinations and career executive
20assignment examinations in accordance with subdivision (a).

21

SEC. 5.  

Section 18993 of the Government Code is amended
22to read:

23

18993.  

(a) Notwithstanding any other provision of law, a
24legislative or nonelected exempt executive branch employee who
25is appointed to a career executive assignment pursuant to Section
2618990 or 18992, shall be eligible to compete in his or her
27appointing power’s promotional examinations for which he or she
28meets the minimum qualifications of the class to which he or she
29seeks appointment. When such an employee’s career executive
30assignment is terminated by the appointing power, he or she shall
31have the right to request a deferred examination for any
32promotional eligible list that his or her appointing power has in
33existence at the time of the termination of the career executive
34assignment and for which he or she meets the minimum
35qualifications of the class to which he or she seeks appointment.

36(b) A request for a deferred examination pursuant to subdivision
37(a) shall be made no later than 10 days after the effective date of
38the termination of the career executive assignment. The department
39shall administer the deferred examination within 30 days of the
40date of the request.

P6    1

SEC. 6.  

Section 19057 of the Government Code is repealed.

2

SEC. 7.  

Section 19057.1 of the Government Code is amended
3to read:

4

19057.1.  

Except for reemployment lists, State Restriction of
5Appointment lists, and Limited Examination and Appointment
6Program referral lists, there shall be certified to the appointing
7power the names and addresses of all those eligibles whose scores,
8at the time of certification, represent the three highest ranks on the
9employment list for the class, and who have indicated their
10willingness to accept appointment under the conditions of
11employment specified.

12For purposes of ranking, scores of eligibles on employment lists
13covered by this section shall be rounded to the nearest whole
14percent. A rank shall consist of one or more eligibles with the same
15whole percentage score.

16If the names on the list from which certification is being made
17represent fewer than three ranks, then, consistent with board rules,
18additional eligibles may be certified from the various lists next
19lower in order of preference until names from three ranks appear.
20If there are fewer than three names available for certification, and
21the appointing authority does not choose to appoint from among
22these, the appointing authority may demand certification of three
23names. In that case, examinations shall be conducted until at least
24three names may be certified by the procedure described in this
25section, and the appointing authority shall fill the position by
26appointment of one of the persons certified.

27Fractional examination scores shall be provided to, and used by,
28the Department of the California Highway Patrol for its peace
29officer classes.

30The department may, consistent with board rules, provide for
31certifying less than three ranks where the size of the certified group
32is disproportionate to the number of vacancies.

33

SEC. 8.  

Section 19057.2 of the Government Code is repealed.

34

SEC. 9.  

Section 19057.3 of the Government Code is amended
35to read:

36

19057.3.  

(a) For a position in the Department of Corrections
37and Rehabilitation, there shall be certified to the appointing power
38the names and addresses of all those eligibles for peace officer and
39closely allied classes whose scores, at the time of certification,
40represent the three highest ranks on the employment list for the
P7    1class in which the position belongs and who have indicated their
2willingness to accept appointment under the conditions of
3employment specified.

4(b) For purposes of ranking, scores of eligibles on employment
5lists for the classes shall be rounded to the nearest whole percent.
6A rank consists of one or more eligibles with the same whole
7percentage score.

8(c) If fewer than three ranks of persons willing to accept
9appointment are on the list from which certification is to be made,
10then additional eligibles shall be certified from the various lists
11next lower in order of preference until names from three ranks are
12certified. If there are fewer than three names on those lists, and
13the appointing power does not choose to appoint from among these,
14the appointing power may demand certification of three names
15and examinations shall be conducted until at least three names
16may be certified. The appointing power shall fill the position by
17the appointment of one of the persons certified.

18(d) The department may, consistent with board rules, provide
19for certifying less than three ranks where the size of the certified
20group is disproportionate to the number of vacancies.

21(e) The department may, consistent with board rules, allow for
22the names of eligibles to be transferred from lists for the same
23class or comparable classes where names from one list were
24certified under the rule of three ranks, and names from the other
25list were certified under the rule of three names.

26

SEC. 10.  

Section 19057.4 of the Government Code is repealed.

27

SEC. 11.  

Section 19889 of the Government Code is amended
28to read:

29

19889.  

It is the purpose of this article to encourage the
30development and effective use of well-qualified and carefully
31selected executives. In order to carry out this purpose, the State
32Personnel Board shall establish by rule a merit system specifically
33suited to the selection and placement of executive personnel. The
34department shall be responsible for salary administration, position
35classification, and for the motivation and training of executive
36personnel. For the purpose of administering this system there is
37established herewith a category of civil service appointment called
38“career executive assignments.” The department shall designate
39positions of a high administrative and policy influencing character
40for inclusion in or removal from this category subject to review
P8    1by the State Personnel Board, except that the department shall not
2so designate a position in which there is an incumbent already
3appointed under the provisions of this part governing employees
4other than career executives.

5

SEC. 12.  

Section 19889.2 of the Government Code is amended
6to read:

7

19889.2.  

The provisions of this part governing the examination,
8selection, classification, and tenure of employees in the regular
9civil service shall not apply to “career executive assignments”
10unless provided for by State Personnel Board rule. The provisions
11of this part relating to punitive actions shall apply to all employees
12serving in career executive assignments, except that termination
13of a career executive assignment as provided for in Section 19889.3
14is not a punitive action. State Personnel Board rules shall, at a
15minimum, afford all employees whose career executive
16assignments are terminated by the appointing power a right of
17appeal to the State Personnel Board for restoration of his or her
18assignment when he or she alleges that the termination was for
19reasons prohibited in Chapter 10 (commencing with Section 19680)
20of Part 2.

21

SEC. 13.  

Section 19889.3 of the Government Code is amended
22to read:

23

19889.3.  

(a) Eligibility for appointment to positions in the
24career executive assignment category shall be established as a
25result of competitive examinations. All candidates shall meet such
26minimum qualifications as the State Personnel Board may
27determine are requisite to the performance of high administrative
28and policy influencing functions.

29(b) No person employed in a career executive assignment shall
30be deemed to acquire as a result of such service any rights to or
31status in positions governed by the provisions of this part relating
32to the civil service other than the category of career executive
33assignment, except as provided by State Personnel Board rule.

34

SEC. 14.  

Section 19889.4 is added to the Government Code,
35to read:

36

19889.4.  

In accordance with State Personnel Board rules, the
37following shall apply when an appointing power terminates a career
38executive assignment:

39(a) An employee who at the time of his or her appointment to
40a career executive assignment was employed by the state and had
P9    1permanent civil service status shall, if he or she so desires, be
2reinstated to a civil service position that is (1) not a career executive
3assignment and (2) that is at least at the same salary level as the
4last position that he or she held as a permanent or probationary
5employee. If the employee had completed a minimum of five years
6of state service, he or she may return to a position that is (1) at
7substantially the same salary level as the last position in which he
8or she had permanent or probationary status or (2) at a salary level
9that is at least two steps lower than that of the career executive
10position from which the employee is being terminated.

11(b) Article 5 (commencing with Section 19140) of Chapter 5
12of Part 2 shall apply to an employee who at the time of his or her
13appointment to a career executive assignment was not employed
14by the state but who had previously worked for the state and gained
15permanent civil service status.

16(c) (1) begin deleteUnless otherwise provided in Article 5 (commencing
17with Section 18990) of Chapter 4 of Part 2, an end delete
begin insertAn end insertemployee who
18at the time of his or her appointment to a career executive
19assignment was from outside civil service shall begin delete be eligible to
20compete in any promotional examination for which he or she meets
21the minimum qualifications as prescribed by the class specification.
22An employee receiving a passing score shall have his or her name
23placed on the promotional list resulting from the examination or
24otherwise gain eligibility for appointment. He or she shallend delete
have
25the right to request a deferred examination for anybegin delete promotionalend delete
26begin insert openend insert eligible list thatbegin delete isend deletebegin insert his or her appointing power or the
27department haend insert
begin insertsend insert in existence at the timebegin insert of the termination ofend insert the
28career executive assignmentbegin delete is terminatedend delete and for which he or she
29meets the minimum qualificationsbegin delete as prescribed by the class
30specification. Forend delete
begin insert of the class to which he or she seeks appointment.
31Whether the employee takes a deferred examination or other open
32civil service examination, forend insert
purposes of evaluatingbegin insert whether he
33or she meets theend insert
minimumbegin delete qualifications,end deletebegin insert qualifications of the
34class to which he or she seeks appointment,end insert
related experience
35gained in a career executive assignment shall be considered as
36state civil service experience in a comparable class.begin delete Employees
37may transfer list eligibility between appointing powers in the same
38manner as provided for civil service employees.end delete

39(2) A request for a deferred examination pursuant to paragraph
40(1) shall not be made later than 10 days after the effective date of
P10   1the termination of the career executive assignment. The department
2or its designee shall administer the deferred examination within
330 days of the date of the request.

4

SEC. 15.  

The sum of three hundred thousand dollars ($300,000)
5is hereby appropriated from the General Fund to the Department
6of Finance for the purpose of funding the posting on the
7department’s Internet Web site of all budget requests included as
8part of the Governor’s Budget.

9

SEC. 16.  

This act is a bill providing for appropriations related
10to the Budget Bill within the meaning of subdivision (e) of Section
1112 of Article IV of the California Constitution, has been identified
12as related to the budget in the Budget Bill, and shall take effect
13immediately.



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