CHAPTER 5. Appointments
Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1985, Ch. 794, Sec. 18.
§§ 19050–19238 · 70 sections
ARTICLE 1. General §§ 19050–19062.5 · 24 sections
- § 19050 The appointing power in all cases not excepted or exempted by virtue of Article VII of the Constitution shall fill positions by appointment, including cases of…
- § 19050.2 (a) Subject to the approval of the board, the appointing authority may enter into arrangements with personnel agencies in other jurisdictions for the purpose…
- § 19050.3 Transfer of an employee from a position under one appointing power to a position under another appointing power may be made, subject to board rule.
- § 19050.4 A transfer may be accomplished without examination pursuant to board rules.
- § 19050.5 Notwithstanding Section 3517.6, an appointing power may transfer any employee under his or her jurisdiction to a position in the same class or to another…
- § 19050.7 Whenever any position is changed by the adoption of new, different or additional machines or processes while the purpose or product is the same or similar in…
- § 19050.8 The board may prescribe rules governing the temporary assignment or loan of employees within an agency or between agencies for a period not to exceed two years…
- § 19050.9 Whenever a function or the administration of a law is transferred from one state agency to another state agency, all persons serving in the state civil service…
- § 19051 Civil service appointments shall only be made to a class that is appropriate for the duties, functions, and responsibilities that will be performed.
- § 19052 Whenever a vacancy in any position is to be filled and not by transfer, demotion, or reinstatement, the appointing power shall provide any information the…
- § 19054 Except as provided in Section 19054.1, the order of preference in certifying eligibles shall be: subdivisional reemployment list, departmental reemployment…
- § 19054.1 When an examination for a managerial position is conducted on an open and promotional basis, the names of eligibles shall be placed on one list and ranked in…
- § 19055 The department may, consistent with board rules, provide for certification of names from appropriate employment lists of the same or higher level in the event…
- § 19056 If the appointment is to be made from a departmental reemployment list or subdivisional reemployment list, unless either one is used as an appropriate…
- § 19056.5 Notwithstanding any other provision in this part, if the appointment is to be made from a general reemployment list, the names of the three persons with the…
- § 19057.1 (a) Except for reemployment lists and State Restriction of Appointment lists, when an appointing power seeks to fill a vacant position by using an employment…
- § 19057.2 (a) An appointing power, before offering employment to an applicant, shall provide the applicant with an explanation of the benefits that accompany state…
- § 19057.3 (a) 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…
- § 19058 When there is no employment list from which a position may be filled, the appointing power, with the consent of the department, may fill the position by…
- § 19059 A person who does not possess the minimum qualifications for the class to which the position belongs shall not be appointed under a temporary appointment. A…
- § 19061 Notwithstanding any other provision of law, a person appointed to a trade-rate apprentice class in the Office of State Printing shall be appointed to the…
- § 19062 If there are no vacancies in the appropriate journeyman trade-rate class, the employee completing an apprenticeship under Section 19061 shall be afforded the…
- § 19062.3 An employee holding a full- or part-time appointment shall be entitled to the amount of employment specified at the time of the appointment, subject to…
- § 19062.5 The department may establish eligibility requirements governing movement of employees between full-time, part-time, and intermittent positions.
ARTICLE 1.5. Appointments: Priority Consideration §§ 19063–19063.8 · 7 sections
- § 19063 (a) Any person receiving state public assistance under the CalWORKs program (Article 3.2 (commencing with Section 11320) of Chapter 2 of Part 3 of Division 9…
- § 19063.1 Each state agency that intends to establish qualified hiring pools, as defined by the department, for seasonal or entry level nontesting class employment shall…
- § 19063.2 Each state agency that has an open seasonal or entry level nontesting class position, but does not have a qualified hiring pool, shall notify the Employment…
- § 19063.3 This article may be waived by the Governor, if requested to do so by the state agency involved, in order to address an emergency which threatens the public…
- § 19063.4 If no public assistance recipient applies for an opening within the time limits established by this article, the state agency may fill the opening with a…
- § 19063.5 Notwithstanding any other provision of law, participation in a seasonal or entry level nontesting class vacancy by a public assistance recipient shall be…
- § 19063.8 Any seasonal or entry level nontesting classifications specifically designed to support a program to train students, as determined by the department, to the…
ARTICLE 2. Limited Term §§ 19080–19083 · 6 sections
- § 19080 Whenever an appointing power requires the appointment of a person on a limited term basis, the request for certification shall state the duration of the…
- § 19080.3 Limited term appointments shall be made only for temporary staffing needs and shall not individually or consecutively exceed one year, provided that the board…
- § 19080.5 (a) Notwithstanding Section 19080.3, a limited term appointment for a period not to exceed two years may be made to professional education classifications…
- § 19081 Eligibles shall be certified in accordance with their position on the appropriate employment list and their willingness to accept appointment to such position…
- § 19082 The department may provide for the establishment, maintenance, and use of preferred limited-term lists.
- § 19083 Limited-term employees shall be subject to such conditions affecting appointment, status, tenure and separation during and after employment as the board by…
ARTICLE 3. Intermittent §§ 19100.5–19101 · 2 sections
- § 19100.5 Whenever the appointing power requires the appointment of a person to a position requiring the performance of work on an intermittent or irregular time basis,…
- § 19101 The department or a designated appointing authority may establish employment lists from which intermittent appointments may be made. Eligibles shall be…
ARTICLE 4. Personal Services Contracts §§ 19130–19135 · 6 sections
- § 19130 The purpose of this article is to establish standards for the use of personal services contracts. (a) Personal services contracting is permissible to achieve…
- § 19131 Any state agency proposing to execute a contract pursuant to subdivision (a) of Section 19130 shall notify the State Personnel Board of its intention. All…
- § 19132 (a) The State Personnel Board, at the request of an employee organization that represents state employees, shall review the adequacy of any proposed or…
- § 19133 (a) Any state agency may enter into an agreement with any public or private institution of higher education in California, nonprofit campus foundation, or…
- § 19134 (a) Personal services contracts entered into by a state agency in accordance with Section 19130 for persons providing janitorial and housekeeping services,…
- § 19135 (a) If a contract is disapproved by action of the board or its delegate, a state agency shall immediately discontinue that contract unless ordered otherwise by…
ARTICLE 5. Reinstatement §§ 19140–19144 · 7 sections
- § 19140 (a) In addition to reinstatement required under any other section, an appointing power may, in his or her discretion, reinstate any person having probationary…
- § 19140.5 This section applies only to a permanent employee, or an employee who previously had permanent status and who, since receiving permanent status, has had no…
- § 19141 (a) This section applies only to an employee in an exempt position who previously had permanent status in the civil service. As used in this section, “former…
- § 19141.1 (a) This section only applies to employees in an exempt position who have reinstatement rights to their former positions under Section 19141. (b) Within four…
- § 19142 (a) Every person accepts and holds a position in the state civil service subject to mandatory reinstatement of another person. (b) Upon reinstatement of a…
- § 19143 At the termination of any temporary separation, except termination of a permanent or probationary employee by layoff and termination by displacement, as…
- § 19144 Subject to Sections 21223 and 21224, a person who has retired from state civil service may be employed temporarily in a civil service position at any time…
ARTICLE 6. Probationary Period §§ 19170–19180 · 9 sections
- § 19170 (a) The board shall establish the length of the probationary period for each class to be six months, unless the board establishes a longer period of not more…
- § 19171 The service of a probationary period is required under the following circumstances: (a) when an employee enters or is promoted in the state civil service by…
- § 19172 During the probationary period the appointing power shall evaluate the work and efficiency of a probationer in the manner and at such periods as the department…
- § 19173 (a) Any probationer may be rejected by the appointing power during the probationary period for reasons relating to the probationer’s qualifications, the good…
- § 19175 The board at the written request of a rejected probationer, filed within 15 calendar days of the effective date of rejection, may investigate with or without a…
- § 19175.1 The board, upon the written request of a probationer who has been rejected for medical reasons only, may restore the name of the rejected probationer to the…
- § 19175.2 The board, upon the written request of a probationer who has been rejected after appointment from a general re-employment list, shall restore the name of the…
- § 19175.5 Subject to board rule an appointing power may cancel or withdraw a notice of rejection of a probationer.
- § 19180 If the board restores a rejected probationer to his or her position it shall direct the payment of salary to the employee for such period of time as the…
ARTICLE 7. Duration Appointments § 19200 · 1 section
- § 19200 Whenever the United States is engaged in war or whenever the department finds that an emergency exists in connection with the national defense, the department…
ARTICLE 9. Hiring of Disabled Persons §§ 19230–19238 · 8 sections
- § 19230 The Legislature hereby declares that: (a) It is the policy of this state to encourage and enable individuals with a disability to participate fully in the…
- § 19231 As used in this article, “individual with a disability” means any individual who has a physical or mental disability as defined in Section 12926.
- § 19232 Each state agency shall be responsible for establishing an effective affirmative action program to ensure individuals with a disability, who are capable of…
- § 19233 The department shall be responsible for the following: (a) Outline specific actions to improve the representation of individuals with a disability in the state…
- § 19234 Each state agency shall annually review its hiring activities designed to achieve the employment objectives established pursuant to subdivision (c) of Section…
- § 19236 The department shall provide technical assistance, statewide advocacy, coordination, and monitoring of plans to overcome any underrepresentation determined…
- § 19237 On or before November 15 of each year, the department shall report to the Governor and the Legislature on the current activity, future plans, and past…
- § 19238 (a) By December 31, 2025, the department, shall report to the Legislature on all of the following: (1) The number of persons with disabilities hired by each…