Bill Text: CA SB99 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: State public employment.

Spectrum: Unknown

Status: (Passed) 2015-09-22 - Chaptered by Secretary of State. Chapter 322, Statutes of 2015. [SB99 Detail]

Download: California-2015-SB99-Amended.html

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BILL NUMBER: SB 99	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 24, 2015

INTRODUCED BY   Committee on Budget and Fiscal Review

                        JANUARY 9, 2015

   An act  relating to the Budget Act of 2015.  
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


   SB 99, as amended, Committee on Budget and Fiscal Review. 
Budget Act of 2015.   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 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. 

   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. 

   This bill would express the intent of the Legislature to enact
statutory changes relating to the Budget Act of 2015. 
   Vote: majority. Appropriation:  no   yes
 . Fiscal committee:  no   yes  .
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 18546 of the  
Government Code   is amended to read: 
   18546.   (a)    "Career
executive" means an employee appointed from an employment list
established for the express purpose of providing a list of persons
 with permanent status in the civil service  who are
 available   eligible  for career
executive assignments,  in which selection,   as
specified in Article 5 (commencing with Section 18990) of Chapter 4
and Article 9 (commencing with Section 19889) of Chapter 2.5 of Part
2.6, in which examination, selection,  classification, salary,
tenure, and other conditions of employment may be varied from those
prevailing under Chapter 3 (commencing with Section 18800) to Chapter
7 (commencing with Section 19570), inclusive, for other employees in
the state civil service. 
   (b) This section shall become operative on January 1, 2013.

   SEC. 2.    Section 18990 of the   Government
Code   is amended to read: 
   18990.  (a) Notwithstanding any other provision of law or rule,
persons employed by the Legislature for two or more consecutive years
shall be  eligible to apply for   given an
opportunity,   upon request, to obtain civil service
appointment list eligibility by taking any  promotional civil
service  examinations, including examinations for 
 examination or  career executive  assignments,
  assignment examinations  for which they meet the
minimum  qualifications.   qualifications of the
class for which they seek appointment.  Persons receiving
passing scores shall  have their names placed on promotional
lists resulting from these examinations or otherwise gain eligibility
for appointment.   gain list eligibility for
appointment.  In evaluating minimum qualifications, 
related   a person's  legislative experience shall
be considered state civil service experience in a comparable 
class, based on the   class that has the same or
substantially similar  duties and responsibilities 
assigned.   as the person's legislative position. 

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

   (c) Employees 
    (b)     Persons  who meet the
requirements of this section,  are employed by the
Legislature, and who resign or are   but who resigned or
were  released from  service,   service
with the Legislature,  shall be eligible to take promotional
civil service  examinations, including  examinations
 for   and  career executive 
assignments, for one year following their resignation or release in
accordance with subdivisions (a) and (b).   assignment
examinations in accordance with subdivision (a).  
   (d) Employees who meet the requirements of this section, are
employed by the office of the Auditor General or the office of the
Legislative Analyst as of January 1, 1992, and who resign or are
released from service due to a force reduction of the Legislature
before January 1, 1994, shall be eligible to take promotional civil
service examinations, including career executive assignments, for
three years following their resignation or release in accordance with
subdivisions (a) and (b).  
   (e) An employee who establishes eligibility on a promotional civil
service list, either pursuant to subdivision (c) or (d) or prior to
having resigned or having been released in a manner to which
subdivision (c) or (d) would apply, shall maintain that eligibility
for the duration of that particular list.  
   (f) This section shall become operative on January 1, 2013.

   SEC. 3.    Section 18991 of the   Government
Code   is amended to read: 
   18991.   (a)    Notwithstanding
any other provision of law, persons retired from the United States
military, honorably discharged from active military duty with a
service-connected disability, or honorably discharged from active
duty, shall be eligible to apply for promotional civil service
 examinations, including  examinations  for
  and  career executive  assignments,
  assignment examinations  for which they meet the
minimum  qualifications as prescribed by the class
specification.   qualifications of the class to which
they seek appointment.  Persons receiving passing scores shall
 have their names placed on promotional lists resulting from
these examinations or otherwise  gain  list 
eligibility for appointment. In evaluating minimum qualifications,
 related   the person's  military
experience shall be considered state civil service experience in a
comparable  class, based on the   class that has
the same or substantially similar  duties and responsibilities
 assigned.   as the person's position in the
military.  
   (b) In cases where promotional examinations are given by more than
one department for the same classification, the employee shall
select one department in which to compete. Once this selection is
made, it cannot be changed for the duration of the promotional list
established from the examination in which the employee participated.
Employees may transfer list eligibility between departments in the
same manner as provided for civil service employees. 
   SEC. 4.    Section 18992 of the   Government
Code   is amended to read: 
   18992.  (a) Notwithstanding any other provision of law or rule,
persons holding, for two or more consecutive years, nonelected exempt
positions in the executive branch of government as defined in
subdivisions (c), (e), (f), (g), (i), and (m) of Section 4 of Article
VII of the Constitution and excluding those positions for which the
salaries are set by statute, shall be  eligible to apply for
  given the opportunity, upon request, to obtain civil
service appointment list eligibility by taking any  promotional
civil service  examinations, including, but not limited to,
examinations for   examination or  career executive
 assignments   assignment examination  for
which they meet the minimum qualifications  as prescribed by
the class specification.   of the class to which they
seek appointment.  Persons receiving passing scores shall
 have their names placed on promotional lists resulting from
these examinations or otherwise  gain  list 
eligibility for appointment. In evaluating minimum qualifications,
 related exempt   the person's  experience
 in the exempt position  shall be considered state civil
service experience in a comparable  class.  
class   that has the same or substantially similar duties
and responsibilities as the person   's exempt position.
 
   (b) In cases where promotional examinations are given by more than
one appointing authority for the same classification, the employee
shall select one appointing authority in which to compete. Once this
selection is made, it cannot be changed for the duration of the
promotional list established from the examination in which the
employee participated. Employees may transfer list eligibility
between appointing authorities in the same manner as provided for
civil service employees.  
   (c) Employees 
    (b)     Persons  who meet the
requirements of this  section and who resign or are 
 section, but who resigned or were  released from exempt
employment of the executive branch of  government 
 government, shall be eligible to take promotional civil
service  examinations, including  examinations
 for   and  career executive 
assignments, for one year following their resignation or release
  assignment examinations  in accordance with
 subdivisions (a) and (b).   subdivision (a).
 
   (d) An employee who establishes eligibility on a promotional civil
service list, either pursuant to subdivision (c) or prior to having
resigned or having been released in a manner to which subdivision (c)
would apply, shall maintain that eligibility for the duration of
that particular list.  
   (e) This section shall become operative on January 1, 2013.

   SEC. 5.    Section 18993 of the   Government
Code   is amended to read: 
   18993.  (a) Notwithstanding any other provision of law, a
legislative or nonelected exempt executive branch employee who is
appointed to a career executive assignment pursuant to Section 18990
or 18992, shall be eligible to compete in his or her 
department's   appointing power's  promotional
examinations for which he or she meets the minimum 
qualifications.   qualifications of the class to which
he or she seeks appointment.  When such an employee's career
executive assignment is terminated by the appointing power, he or she
shall have the right to request a deferred examination for any
promotional eligible list  for   that  his
or her  department   appointing power has 
in existence at the time of the  appointment termination if
  termination of the career executive assignment and for
which  he or she meets the minimum  qualifications
specified for the promotional examination.  
qualifications of the class to which he or she seeks appointment.

   (b) A request for a deferred examination pursuant to subdivision
(a) shall be made no later than 10 days after the effective date of
the termination of the career executive assignment. The department
shall administer the deferred examination within 30 days of the date
of the request.
   SEC. 6.    Section 19057 of the   Government
Code   is repealed.  
   19057.  Except as provided in Section 19056, there shall be
certified to the appointing power the names and addresses of the
three persons standing highest on the promotional employment list for
the class in which the position belongs and who have indicated their
willingness to accept appointment under the conditions of employment
specified. If fewer than three names of persons willing to accept
appointment are on the list from which certification is to be made,
then additional eligibles shall be certified from the various lists
next lower in order of preference until three names are certified. If
there are fewer than three names on such lists, there shall be
certified the number thereon. In such case the appointing power may
demand certification of three names and examinations shall be
conducted until three names may be certified. The appointing power
shall fill the position by the appointment of one of the persons
certified. 
   SEC. 7.    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,   Except for
reemployment lists,   State   Restriction of 
 Appointment lists, and Limited Examination and Appointment
Program referral lists,  there shall be certified to the
appointing power the names and addresses of all those eligibles whose
scores, at  the time of certification, represent the three
highest ranks on the employment list for the class, and who have
indicated their willingness to accept appointment under the
conditions of employment specified.
   For purposes of ranking, scores of eligibles on employment lists
 for these classes   covered by this section
 shall be rounded to the nearest whole percent. A rank shall
consist of one or more eligibles with the same whole percentage
score.
   If the names on the list from which certification is being made
represent fewer than three ranks, then   then,
consistent with board rules,  additional eligibles 
shall  may  be certified from the various lists
next lower in order of preference until names from three ranks
appear. If there are fewer than three names available for
certification, and the appointing authority does not choose to
appoint from among these, the appointing authority may demand
certification of three names. In that case, examinations shall be
conducted until at least three names may be certified by the
procedure described in this section, and the appointing authority
shall fill the position by appointment of one of the persons
certified.
   Fractional examination scores shall be provided to, and used by,
the Department of the California Highway Patrol for its peace officer
classes.
   The department  may   may,  
consistent with board rule   s,  provide for certifying
less than three ranks where the size of the certified group is
disproportionate to the number of vacancies.
   SEC. 8.    Section 19057.2 of the  
Government Code   is repealed.  
   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. 9.    Section 19057.3 of the  
Government Code   is amended to read: 
   19057.3.  (a)  Notwithstanding Section 19057, for
  For  a position in the Department of Corrections
and Rehabilitation, there shall be certified to the appointing power
the names and addresses of all those eligibles for peace officer and
closely allied classes whose scores, at the time of certification,
represent the three highest ranks on the employment list for the
class in which the position belongs and who have indicated their
willingness to accept appointment under the conditions of employment
specified.
   (b) For purposes of ranking, scores of eligibles on employment
lists for the classes shall be rounded to the nearest whole percent.
A rank consists of one or more eligibles with the same whole
percentage score.
   (c) If fewer than three ranks of persons willing to accept
appointment are on the list from which certification is to be made,
then additional eligibles shall be certified from the various lists
next lower in order of preference until names from three ranks are
certified. If there are fewer than three names on those lists, and
the appointing power does not choose to appoint from among these, the
appointing power may demand certification of three names and
examinations shall be conducted until at least three names may be
certified. The appointing power shall fill the position by the
appointment of one of the persons certified.
   (d) The department may, consistent with board rules, provide for
certifying less than three ranks where the size of the certified
group is disproportionate to the number of vacancies.
   (e) The department may, consistent with board rules, allow for the
names of eligibles to be transferred from lists for the same class
or comparable classes where names from one list were certified under
the rule of three ranks, and names from the other list were certified
under the rule of three names.
   SEC. 10.    Section 19057.4 of the 
Government Code   is repealed.  
   19057.4.  Notwithstanding Section 19057, for positions in classes
which are designated by the board as supervisory and not
professional, scientific, or administrative, and are not examined for
on an open basis, there shall be certified to the appointing power
the names and addresses of all those eligible whose scores, at the
time of certification, represent the highest rank 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 eligible 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 highest rank contains fewer than three eligibles, then the
next highest rank shall be certified until a minimum of three
eligibles willing to accept appointment under the conditions
specified are certified. If fewer than three names of persons willing
to accept appointment are on the list from which certification is to
be made, then additional eligibles shall be certified from the
various lists next lower in order of preference until three names are
certified. 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 utilized
by, the California Highway Patrol for its peace officer classes.

   SEC. 11.    Section 19889 of the  
Government Code   is amended to read: 
   19889.  It is the purpose of this article to encourage the
development and effective use  in the civil service 
of well-qualified and carefully selected executives. In order to
carry out this purpose   purpose,  the
State Personnel Board shall establish by rule a  merit 
system  of merit personnel administration 
specifically suited to the selection and placement of executive
personnel. The department shall be responsible for salary
administration, position classification, and for the motivation and
training of executive personnel. For the purpose of administering
this system there is established herewith a category of civil service
appointment called "career executive assignments." The department
shall designate positions of a high administrative and policy
influencing character for inclusion in or removal from this category
subject to review by the State Personnel Board, except that the
department shall not so designate a position in which there is an
incumbent already appointed under the provisions of this part
governing employees other than career executives.
   SEC. 12.    Section 19889.2 of the  
Government Code  is amended to read: 
   19889.2.  The provisions of this part governing the 
examination,  selection, classification, and tenure of employees
in the regular civil service shall not apply  in
administering executive personnel through a merit system utilizing
  to  "career executive assignments" unless
the application is  provided  for  by State
Personnel Board rule. The provisions of this part relating to
punitive actions shall apply to  all  employees serving in
career executive assignments, except that termination of a career
executive assignment as provided for in Section 19889.3 is not a
punitive action.  With reference to termination of career
executive assignments, the  State Personnel Board rules
shall,  as   at  a minimum, afford 
an employee   all employees   whose  
career executive assignments are terminated by the appointing power
 a right of appeal to the State Personnel Board for restoration
of his or her assignment when he or she alleges that  his or
her   the  termination was for reasons prohibited
in Chapter 10 (commencing with Section 19680) of Part 2.
   SEC. 13.    Section 19889.3 of the  
Government Code   is amended to read: 
   19889.3.  (a) Eligibility for appointment to positions in the
career executive assignment category shall be established as a result
of competitive  examination of persons with permanent status
in the civil service who   examinations. All candidates
shall  meet such minimum qualifications as the State Personnel
Board may determine are requisite to the performance of high
administrative and policy influencing functions.
   (b) No person employed in a career executive assignment shall be
deemed to acquire as a result of such service any rights to or status
in positions governed by the provisions of this part relating to the
civil service other than the category of career executive
assignment, except as provided by State Personnel Board rule.

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

   (d) For the purpose of this section "employee" means a permanent
employee, or an employee serving under another appointment who
previously had permanent status and who, since such permanent status,
has had no break in the continuity of his or her state service.
 
   (e) This section shall become operative on January 1, 2013.

   SEC. 14.    Section 19889.4 is added to the 
 Government Code   , to read:  
   19889.4.  In accordance with State Personnel Board rules, the
following shall apply when an appointing power terminates a career
executive assignment:
   (a) An employee who at the time of his or her appointment to a
career executive assignment was employed by the state and had
permanent civil service status shall, if he or she so desires, be
reinstated to a civil service position that is (1) not a career
executive assignment and (2) that is at least at the same salary
level as the last position that he or she held as a permanent or
probationary employee. If the employee had completed a minimum of
five years of state service, he or she may return to a position that
is (1) at substantially the same salary level as the last position in
which he or she had permanent or probationary status or (2) at a
salary level that is at least two steps lower than that of the career
executive position from which the employee is being terminated.
   (b) Article 5 (commencing with Section 19140) of Chapter 5 of Part
2 shall apply to an employee who at the time of his or her
appointment to a career executive assignment was not employed by the
state but who had previously worked for the state and gained
permanent civil service status.
   (c) (1) Unless otherwise provided in Article 5 (commencing with
Section 18990) of Chapter 4 of Part 2, an employee who at the time of
his or her appointment to a career executive assignment was from
outside civil service shall be eligible to compete in any promotional
examination for which he or she meets the minimum qualifications as
prescribed by the class specification. An employee receiving a
passing score shall have his or her name placed on the promotional
list resulting from the examination or otherwise gain eligibility for
appointment. He or she shall have the right to
                            request a deferred examination for any
promotional eligible list that is in existence at the time the career
executive assignment is terminated and for which he or she meets the
minimum qualifications as prescribed by the class specification. For
purposes of evaluating minimum qualifications, related experience
gained in a career executive assignment shall be considered as state
civil service experience in a comparable class. Employees may
transfer list eligibility between appointing powers in the same
manner as provided for civil service employees.
   (2) A request for a deferred examination pursuant to paragraph (1)
shall not be made later than 10 days after the effective date of the
termination of the career executive assignment. The department or
its designee shall administer the deferred examination within 30 days
of the date of the request. 
   SEC. 15.    The sum of three hundred thousand dollars
($300,000) is hereby appropriated from the General Fund 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. 
   SEC. 16.    This act is a bill providing for
appropriations related to the Budget Bill within the meaning of
subdivision (e) of Section 12 of Article IV of the California
Constitution, has been identified as related to the budget in the
Budget Bill, and shall take effect immediately.  
  SECTION 1.   It is the intent of the Legislature
to enact statutory changes relating to the Budget Act of 2015.