SECTIONS 19050-19062.5

19050.  The appointing power in all cases not excepted or exemptedby virtue of Article VII of the Constitution shall fill positions byappointment, including cases of transfers, reinstatements,promotions, and demotions, in strict accordance with this part andthe rules prescribed from time to time under this part, and nototherwise. Except as provided in this part, appointments to vacantpositions shall be made from employment lists.19050.2.  Subject to the approval of the board, the appointingauthority may enter into arrangements with personnel agencies inother jurisdictions for the purpose of exchanging services andeffecting transfers of employees.19050.3.  Transfer of an employee from a position under oneappointing power to a position under another appointing power may bemade, subject to board rule.19050.4.  A transfer, as defined in Section 18525.3, may beaccomplished without examination. The board may require an employeeto demonstrate in an examination that he or she possesses anyadditional or different requirements that are included in the minimumqualifications of the class to which the employee is transferring.19050.5.  Notwithstanding Section 3517.6, an appointing power maytransfer any employee under his or her jurisdiction to anotherposition in a different class designated as appropriate by the board.19050.7.  Whenever any position is changed by the adoption of new,different or additional machines or processes while the purpose orproduct is the same or similar in nature, any civil service employeeaffected shall be given reasonable opportunity without change inclass, status, or salary to learn to do the work with the new machineor process and to qualify for status in the different class ofposition required for the work; provided, that an employee shall notbe promoted to a higher class under this section. An employee whoqualifies for appointment in the different class shall be deemed topossess the specific education, experience, or other requirements forthat class and shall be appointed thereto with the same status andseniority which he or she last had in his or her previous class. An employee shall be deemed to be affected under this section ifthe adoption of the new, different or additional machines orprocesses results in his or her being laid off and if laid off thatemployee shall have the same opportunity to qualify for appointmentto any vacancy in the same class or any new class created because ofthe adoption of the new, different or additional machines orprocesses as any other employee affected by this section who was notlaid off. The board may prescribe rules and procedures and makedeterminations for carrying out this section including provisions forsuch examinations and tests of fitness as are deemed appropriate.19050.8.  The board may prescribe rules governing the temporaryassignment or loan of employees within an agency or between agenciesfor not to exceed two years or between jurisdictions for not toexceed four years for any of the following purposes: (a) To provide training to employees. (b) To enable an agency to obtain expertise needed to meet acompelling program or management need. (c) To facilitate the return of injured employees to work. These temporary assignments or loans shall be deemed to be inaccord with this part limiting employees to duties consistent withtheir class and may be used to meet minimum requirements forpromotional as well as open examinations. An employee participatingin that arrangement shall have the absolute right to return to his orher former position. Any temporary assignment or loan of an employeemade for the purpose specified in subdivision (b) shall be made onlywith the voluntary consent of the employee. In addition, out-of-class experience obtained in a manner notdescribed in this section may be used to meet minimum requirementsfor promotional as well as open examinations, only if it was obtainedby the employee in good faith and was properly verified understandards prescribed by board rule. For purposes of this section, a temporary assignment or loanbetween educational agencies or jurisdictions shall be extended forup to two additional years upon a finding by the Superintendent ofPublic Instruction or the Chancellor of the California CommunityColleges, and with the approval of the Executive Officer of the StatePersonnel Board, that the extension is necessary in order tosubstantially complete work on an educational improvement project.However, the temporary assignment of any local educator who isperforming the duties of a nonrepresented classification while onloan to a state education agency may be extended for as manysuccessive two year intervals as necessary by the Superintendent ofPublic Instruction or the Chancellor of the California CommunityColleges with the concurrence of the education agency orjurisdiction. Public and private colleges and universities shall beconsidered educational agencies or jurisdictions within the meaningof this section. A temporary assignment within an agency or between agencies may beextended by the board for up to two additional years in order for anemployee to complete an apprenticeship program.19050.9.  Whenever a function or the administration of a law istransferred from one state agency to another state agency, allpersons serving in the state civil service and engaged in theperformance of the function or the administration of the law shall betransferred to that agency. The status, positions, and rights ofthose persons shall be retained by them pursuant to this part and theState Civil Service Act. A state agency is not required to retainany unnecessary officers or employees. "State agency" includes all departments, boards, offices,authorities, commissions, and other agencies of state government. The board may provide by rule for the administration of thissection.19051.  No person shall be appointed under a class not appropriateto the duties to be performed.19052.  Whenever a vacancy in any position is to be filled and notby transfer, demotion, or reinstatement, the appointing power shallsubmit to the board, in accordance with board rules, a statement ofthe duties of the position, the necessary and desired qualificationsof the person to be appointed, and a request that the names ofpersons eligible for appointment to the position be certified. Whenthe appointing power establishes to the satisfaction of the boardthat the necessary qualifications for the vacant position includefluency in a language in addition to English only the names ofpersons possessing such fluency shall be certified.19054.  Except as provided in Section 19054.1, the order ofpreference in certifying eligibles shall be: subdivisionalreemployment list, departmental reemployment list, generalreemployment list, subdivisional promotional list, departmentalpromotional list, multidepartmental promotional list, servicewidepromotional list, departmental eligible list, and eligible list. Thepreferred limited-term list, in accordance with board rule, may begiven preference over the departmental eligible list, and theeligible list when making limited-term appointments.19054.1.  When an examination for a managerial position is conductedon an open and promotional basis, the names of eligibles shall beplaced on one list, ranked in relative order of the examination scorereceived and for purposes of preference in certifying eligibles thelist shall be considered an eligible list.19055.  The board may by rule provide for certification of namesfrom appropriate employment lists of the same or higher level in theevent an employment list is not available for the class to which aposition belongs.19056.  If the appointment is to be made from a departmentalreemployment list or subdivisional reemployment list, unless eitherone is used as an appropriate employment list, the person standinghighest shall be certified and appointed.19056.5.  Notwithstanding any other provision in this part, if theappointment is to be made from a general reemployment list, the namesof the three persons with the highest standing on the list shall becertified to the appointing power.19057.  Except as provided in Section 19056, there shall becertified to the appointing power the names and addresses of thethree persons standing highest on the promotional employment list forthe class in which the position belongs and who have indicated theirwillingness to accept appointment under the conditions of employmentspecified. If fewer than three names of persons willing to acceptappointment are on the list from which certification is to be made,then additional eligibles shall be certified from the various listsnext lower in order of preference until three names are certified. Ifthere are fewer than three names on such lists, there shall becertified the number thereon. In such case the appointing power maydemand certification of three names and examinations shall beconducted until three names may be certified. The appointing powershall fill the position by the appointment of one of the personscertified.19057.1.  Notwithstanding Section 19057, for positions in classesdesignated by the board as professional, scientific, oradministrative, or for any open employment list, there shall becertified to the appointing power the names and addresses of allthose eligibles whose scores, at time of certification, represent thethree highest ranks on the employment list for the class, and whohave indicated their willingness to accept appointment under theconditions of employment specified. For purposes of ranking, scores of eligibles on employment listsfor these classes shall be rounded to the nearest whole percent. Arank shall consist of one or more eligibles with the same wholepercentage score. If the names on the list from which certification is being maderepresent fewer than three ranks, then additional eligibles shall becertified from the various lists next lower in order of preferenceuntil names from three ranks appear. If there are fewer than threenames available for certification, and the appointing authority doesnot choose to appoint from among these, the appointing authority maydemand certification of three names. In that case, examinations shallbe conducted until at least three names may be certified by theprocedure described in this section, and the appointing authorityshall fill the position by appointment of one of the personscertified. Fractional examination scores shall be provided to, and utilizedby, the California Highway Patrol for its peace officer classes. The board may by rule provide for certifying less than three rankswhere the size of the certified group is disproportionate to thenumber of vacancies.19057.2.  Notwithstanding the provisions of Section 19057, forpositions in classes designated by the board as management, thereshall be certified to the appointing power the names and addresses ofall those applicants whose scores, at the time of certification,represent the three highest ranks on the employment list for theclass, and who have indicated their willingness to accept appointmentunder the conditions of employment specified. For purposes of ranking, scores of eligibles on employment listsfor such classes shall be divided into six ranks. The first rankshall consist of eligibles who receive a score of 95 percent orhigher. The second rank shall consist of eligibles who receive ascore of 90 to 94 percent. The third rank shall consist of eligibleswho receive a score of 85 to 89 percent. The fourth rank shallconsist of eligibles who receive a score of 80 to 84 percent. Thefifth rank shall consist of eligibles who receive a score of 75 to 79percent. The sixth rank shall consist of eligibles who receive ascore of 70 to 74 percent. All examination scores for positions inthese classes shall be rounded to the nearest whole percent. If the names on the list from which certification is being maderepresent fewer than three ranks, then additional eligibles shall becertified from the various lists next lower in order of preferenceuntil names from three ranks appear. If there are fewer than threenames available for certification, and the appointing authority doesnot choose to appoint from among these, the appointing authority maydemand certification of three names. In such case, examinations shallbe conducted until at least three names may be certified by theprocedure described in this section, and the appointing authorityshall fill the position by appointment of one of the personscertified. In accordance with board rule, fractional examination scores shallbe provided to the appointing power upon his or her request. The board may by rule provide for certifying less than three rankswhere the size of the certified group is disproportionate to thenumber of vacancies.19057.3.  (a) Notwithstanding Section 19057, for a position in theDepartment of Corrections, there shall be certified to the appointingpower the names and addresses of all those eligibles for peaceofficer and closely allied classes whose scores, at the time ofcertification, represent the three highest ranks on the employmentlist for the class in which the position belongs and who haveindicated their willingness to accept appointment under theconditions of employment specified. (b) For purposes of ranking, scores of eligibles on employmentlists for the classes shall be rounded to the nearest whole percent.A rank consists of one or more eligibles with the same wholepercentage score. (c) If fewer than three ranks of persons willing to acceptappointment are on the list from which certification is to be made,then additional eligibles shall be certified from the various listsnext lower in order of preference until names from three ranks arecertified. If there are fewer than three names on those lists, andthe appointing power does not choose to appoint from among these, theappointing power may demand certification of three names andexaminations shall be conducted until at least three names may becertified. The appointing power shall fill the position by theappointment of one of the persons certified. (d) The board may, by rule, provide for certifying less than threeranks where the size of the certified group is disproportionate tothe number of vacancies. (e) The board shall adopt rules to allow for the names ofeligibles to be transferred from lists for the same class orcomparable classes where names from one list were certified under therule of three ranks, and names from the other list were certifiedunder the rule of three names.19057.4.  Notwithstanding Section 19057, for positions in classeswhich are designated by the board as supervisory and notprofessional, scientific, or administrative, and are not examined foron an open basis, there shall be certified to the appointing powerthe names and addresses of all those eligible whose scores, at thetime of certification, represent the highest rank on the employmentlist for the class, and who have indicated their willingness toaccept appointment under the conditions of employment specified. For purposes of ranking, scores of eligible on employment listsfor these classes shall be rounded to the nearest whole percent. Arank shall consist of one or more eligibles with the same wholepercentage score. If the highest rank contains fewer than three eligibles, then thenext highest rank shall be certified until a minimum of threeeligibles willing to accept appointment under the conditionsspecified are certified. If fewer than three names of persons willingto accept appointment are on the list from which certification is tobe made, then additional eligibles shall be certified from thevarious lists next lower in order of preference until three names arecertified. If there are fewer than three names available forcertification, and the appointing authority does not choose toappoint from among these, the appointing authority may demandcertification of three names. In that case, examinations shall beconducted until at least three names may be certified by theprocedure described in this section, and the appointing authorityshall fill the position by appointment of one of the personscertified. Fractional examination scores shall be provided to, and utilizedby, the California Highway Patrol for its peace officer classes.19058.  When there is no employment list from which a position maybe filled, the appointing power, with the consent of the board, mayfill the position by temporary appointment. The temporary appointmentto a permanent position shall continue only until eligibles areavailable from an appropriate employment list and shall not exceedthe period prescribed by Section 5 of Article VII of theConstitution. Within the limits of the period prescribed therein, anytemporary appointment to a limited term position may, in thediscretion of the appointing power and with the approval of theboard, be continued for the life of such position. When temporaryappointments are made to permanent positions, an appropriateemployment list shall be established for each class to which atemporary appointment is made before the expiration of theappointment.19059.  A person who does not possess the minimum qualifications forthe class to which the position belongs shall not be appointed undera temporary appointment. A temporary appointee, as such, shall notacquire any probationary or permanent status or rights, and timespent under temporary appointment shall not contribute to theprobationary period if the appointee is subsequently successful in anexamination and is certified and appointed to the position.19061.  Notwithstanding any other provision of law, a personappointed to a trade-rate apprentice class in the Office of StatePrinting shall be appointed to the appropriate journeyman trade-rateclass upon completion of the apprenticeship. A person who is first appointed to a trade-rate apprentice classon or after January 1, 1976, shall, while in that class, accrueseniority points at one-half of the rate of a journeyman.19062.  If there are no vacancies in the appropriate journeymantrade-rate class, the employee completing an apprenticeship underSection 19061 shall be afforded the opportunity to elect one of thefollowing: (a) If the employee's seniority rating at the time of appointmentto the appropriate journeyman trade-rate class is higher than that ofany journeyman holding a permanent appointment in the appropriatejourneyman trade-rate class, the employee shall be appointed to apermanent position. (b) If there is a reemployment list for the appropriate journeymantrade-rate class, the employee shall be placed on the reemploymentlist of that class. The position of the employee on the reemploymentlist shall be established by provisions of Section 19997.3 at thetime of the employee's appointment to the appropriate journeymantrade-rate class. (c) Demotion under Section 19997.8.19062.3.  An employee holding a full- or part-time appointment shallbe entitled to the amount of employment specified at the time of theappointment, subject to provisions of law and rule governing workforce reduction and separation from civil service positions.19062.5.  The board may establish rules specifying minimum serviceand eligibility requirements governing movement of employees betweenfull-time, part-time, and intermittent positions.