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 transfers, reinstatements,
promotions, and demotions, in strict accordance with this part and
the rules prescribed from time to time under this part, and not
otherwise. Except as provided in this part, appointments to vacant
positions shall be made from employment lists.
19050.2. Subject to the approval of the board, the appointing
authority may enter into arrangements with personnel agencies in
other jurisdictions for the purpose of exchanging services and
effecting transfers of employees.
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, as defined in Section 18525.3, may be
accomplished without examination. The board may require an employee
to demonstrate in an examination that he or she possesses any
additional or different requirements that are included in the minimum
qualifications of the class to which the employee is transferring.
19050.5. Notwithstanding Section 3517.6, an appointing power may
transfer any employee under his or her jurisdiction to another
position 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 or
product is the same or similar in nature, any civil service employee
affected shall be given reasonable opportunity without change in
class, status, or salary to learn to do the work with the new machine
or process and to qualify for status in the different class of
position required for the work; provided, that an employee shall not
be promoted to a higher class under this section. An employee who
qualifies for appointment in the different class shall be deemed to
possess the specific education, experience, or other requirements for
that class and shall be appointed thereto with the same status and
seniority which he or she last had in his or her previous class.
An employee shall be deemed to be affected under this section if
the adoption of the new, different or additional machines or
processes results in his or her being laid off and if laid off that
employee shall have the same opportunity to qualify for appointment
to any vacancy in the same class or any new class created because of
the adoption of the new, different or additional machines or
processes as any other employee affected by this section who was not
laid off.
The board may prescribe rules and procedures and make
determinations for carrying out this section including provisions for
such examinations and tests of fitness as are deemed appropriate.
19050.8. The board may prescribe rules governing the temporary
assignment or loan of employees within an agency or between agencies
for not to exceed two years or between jurisdictions for not to
exceed 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 a
compelling program or management need.
(c) To facilitate the return of injured employees to work.
These temporary assignments or loans shall be deemed to be in
accord with this part limiting employees to duties consistent with
their class and may be used to meet minimum requirements for
promotional as well as open examinations. An employee participating
in that arrangement shall have the absolute right to return to his or
her former position. Any temporary assignment or loan of an employee
made for the purpose specified in subdivision (b) shall be made only
with the voluntary consent of the employee.
In addition, out-of-class experience obtained in a manner not
described in this section may be used to meet minimum requirements
for promotional as well as open examinations, only if it was obtained
by the employee in good faith and was properly verified under
standards prescribed by board rule.
For purposes of this section, a temporary assignment or loan
between educational agencies or jurisdictions shall be extended for
up to two additional years upon a finding by the Superintendent of
Public Instruction or the Chancellor of the California Community
Colleges, and with the approval of the Executive Officer of the State
Personnel Board, that the extension is necessary in order to
substantially complete work on an educational improvement project.
However, the temporary assignment of any local educator who is
performing the duties of a nonrepresented classification while on
loan to a state education agency may be extended for as many
successive two year intervals as necessary by the Superintendent of
Public Instruction or the Chancellor of the California Community
Colleges with the concurrence of the education agency or
jurisdiction. Public and private colleges and universities shall be
considered educational agencies or jurisdictions within the meaning
of this section.
A temporary assignment within an agency or between agencies may be
extended by the board for up to two additional years in order for an
employee to complete an apprenticeship program.
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 and engaged in the
performance of the function or the administration of the law shall be
transferred to that agency. The status, positions, and rights of
those persons shall be retained by them pursuant to this part and the
State Civil Service Act. A state agency is not required to retain
any 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 this
section.
19051. No person shall be appointed under a class not appropriate
to the duties to be performed.
19052. Whenever a vacancy in any position is to be filled and not
by transfer, demotion, or reinstatement, the appointing power shall
submit to the board, in accordance with board rules, a statement of
the duties of the position, the necessary and desired qualifications
of the person to be appointed, and a request that the names of
persons eligible for appointment to the position be certified. When
the appointing power establishes to the satisfaction of the board
that the necessary qualifications for the vacant position include
fluency in a language in addition to English only the names of
persons possessing such fluency shall be certified.
19054. Except as provided in Section 19054.1, the order of
preference in certifying eligibles shall be: subdivisional
reemployment list, departmental reemployment list, general
reemployment list, subdivisional promotional list, departmental
promotional list, multidepartmental promotional list, servicewide
promotional list, departmental eligible list, and eligible list. The
preferred limited-term list, in accordance with board rule, may be
given preference over the departmental eligible list, and the
eligible list when making limited-term appointments.
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, ranked in relative order of the examination score
received and for purposes of preference in certifying eligibles the
list shall be considered an eligible list.
19055. The board may by rule provide for certification of names
from appropriate employment lists of the same or higher level in the
event an employment list is not available for the class to which a
position belongs.
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 employment list, the person standing
highest shall be certified and appointed.
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 highest standing on the list shall be
certified to the appointing power.
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.
19057.1. Notwithstanding Section 19057, for positions in classes
designated by the board as professional, scientific, or
administrative, or for any open employment list, there shall be
certified to the appointing power the names and addresses of all
those eligibles whose scores, at 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 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 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 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.
The board may by rule provide for certifying less than three ranks
where the size of the certified group is disproportionate to the
number of vacancies.
19057.2. Notwithstanding the provisions of Section 19057, for
positions in classes designated by the board 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. The third rank shall consist of eligibles
who receive a score of 85 to 89 percent. The fourth rank shall
consist of eligibles who receive a score of 80 to 84 percent. The
fifth rank shall consist of eligibles who receive a score of 75 to 79
percent. The sixth rank shall consist of eligibles who receive a
score of 70 to 74 percent. 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.
In accordance with board rule, fractional examination scores shall
be provided to the appointing power upon his or her request.
The board may by rule provide for certifying less than three ranks
where the size of the certified group is disproportionate to the
number of vacancies.
19057.3. (a) Notwithstanding Section 19057, for a position in the
Department of Corrections, 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 board may, by rule, provide for certifying less than three
ranks where the size of the certified group is disproportionate to
the number of vacancies.
(e) The board shall adopt rules to 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.
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.
19058. When there is no employment list from which a position may
be filled, the appointing power, with the consent of the board, may
fill the position by temporary appointment. The temporary appointment
to a permanent position shall continue only until eligibles are
available from an appropriate employment list and shall not exceed
the period prescribed by Section 5 of Article VII of the
Constitution. Within the limits of the period prescribed therein, any
temporary appointment to a limited term position may, in the
discretion of the appointing power and with the approval of the
board, be continued for the life of such position. When temporary
appointments are made to permanent positions, an appropriate
employment list shall be established for each class to which a
temporary appointment is made before the expiration of the
appointment.
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 temporary appointee, as such, shall not
acquire any probationary or permanent status or rights, and time
spent under temporary appointment shall not contribute to the
probationary period if the appointee is subsequently successful in an
examination and is certified and appointed to the position.
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 appropriate journeyman trade-rate
class upon completion of the apprenticeship.
A person who is first appointed to a trade-rate apprentice class
on or after January 1, 1976, shall, while in that class, accrue
seniority points at one-half of the rate of a journeyman.
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 opportunity to elect one of the
following:
(a) If the employee's seniority rating at the time of appointment
to the appropriate journeyman trade-rate class is higher than that of
any journeyman holding a permanent appointment in the appropriate
journeyman trade-rate class, the employee shall be appointed to a
permanent position.
(b) If there is a reemployment list for the appropriate journeyman
trade-rate class, the employee shall be placed on the reemployment
list of that class. The position of the employee on the reemployment
list shall be established by provisions of Section 19997.3 at the
time of the employee's appointment to the appropriate journeyman
trade-rate class.
(c) Demotion under Section 19997.8.
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 provisions of law and rule governing work
force reduction and separation from civil service positions.
19062.5. The board may establish rules specifying minimum service
and eligibility requirements governing movement of employees between
full-time, part-time, and intermittent positions.
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 transfers, reinstatements,
promotions, and demotions, in strict accordance with this part and
the rules prescribed from time to time under this part, and not
otherwise. Except as provided in this part, appointments to vacant
positions shall be made from employment lists.
19050.2. Subject to the approval of the board, the appointing
authority may enter into arrangements with personnel agencies in
other jurisdictions for the purpose of exchanging services and
effecting transfers of employees.
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, as defined in Section 18525.3, may be
accomplished without examination. The board may require an employee
to demonstrate in an examination that he or she possesses any
additional or different requirements that are included in the minimum
qualifications of the class to which the employee is transferring.
19050.5. Notwithstanding Section 3517.6, an appointing power may
transfer any employee under his or her jurisdiction to another
position 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 or
product is the same or similar in nature, any civil service employee
affected shall be given reasonable opportunity without change in
class, status, or salary to learn to do the work with the new machine
or process and to qualify for status in the different class of
position required for the work; provided, that an employee shall not
be promoted to a higher class under this section. An employee who
qualifies for appointment in the different class shall be deemed to
possess the specific education, experience, or other requirements for
that class and shall be appointed thereto with the same status and
seniority which he or she last had in his or her previous class.
An employee shall be deemed to be affected under this section if
the adoption of the new, different or additional machines or
processes results in his or her being laid off and if laid off that
employee shall have the same opportunity to qualify for appointment
to any vacancy in the same class or any new class created because of
the adoption of the new, different or additional machines or
processes as any other employee affected by this section who was not
laid off.
The board may prescribe rules and procedures and make
determinations for carrying out this section including provisions for
such examinations and tests of fitness as are deemed appropriate.
19050.8. The board may prescribe rules governing the temporary
assignment or loan of employees within an agency or between agencies
for not to exceed two years or between jurisdictions for not to
exceed 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 a
compelling program or management need.
(c) To facilitate the return of injured employees to work.
These temporary assignments or loans shall be deemed to be in
accord with this part limiting employees to duties consistent with
their class and may be used to meet minimum requirements for
promotional as well as open examinations. An employee participating
in that arrangement shall have the absolute right to return to his or
her former position. Any temporary assignment or loan of an employee
made for the purpose specified in subdivision (b) shall be made only
with the voluntary consent of the employee.
In addition, out-of-class experience obtained in a manner not
described in this section may be used to meet minimum requirements
for promotional as well as open examinations, only if it was obtained
by the employee in good faith and was properly verified under
standards prescribed by board rule.
For purposes of this section, a temporary assignment or loan
between educational agencies or jurisdictions shall be extended for
up to two additional years upon a finding by the Superintendent of
Public Instruction or the Chancellor of the California Community
Colleges, and with the approval of the Executive Officer of the State
Personnel Board, that the extension is necessary in order to
substantially complete work on an educational improvement project.
However, the temporary assignment of any local educator who is
performing the duties of a nonrepresented classification while on
loan to a state education agency may be extended for as many
successive two year intervals as necessary by the Superintendent of
Public Instruction or the Chancellor of the California Community
Colleges with the concurrence of the education agency or
jurisdiction. Public and private colleges and universities shall be
considered educational agencies or jurisdictions within the meaning
of this section.
A temporary assignment within an agency or between agencies may be
extended by the board for up to two additional years in order for an
employee to complete an apprenticeship program.
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 and engaged in the
performance of the function or the administration of the law shall be
transferred to that agency. The status, positions, and rights of
those persons shall be retained by them pursuant to this part and the
State Civil Service Act. A state agency is not required to retain
any 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 this
section.
19051. No person shall be appointed under a class not appropriate
to the duties to be performed.
19052. Whenever a vacancy in any position is to be filled and not
by transfer, demotion, or reinstatement, the appointing power shall
submit to the board, in accordance with board rules, a statement of
the duties of the position, the necessary and desired qualifications
of the person to be appointed, and a request that the names of
persons eligible for appointment to the position be certified. When
the appointing power establishes to the satisfaction of the board
that the necessary qualifications for the vacant position include
fluency in a language in addition to English only the names of
persons possessing such fluency shall be certified.
19054. Except as provided in Section 19054.1, the order of
preference in certifying eligibles shall be: subdivisional
reemployment list, departmental reemployment list, general
reemployment list, subdivisional promotional list, departmental
promotional list, multidepartmental promotional list, servicewide
promotional list, departmental eligible list, and eligible list. The
preferred limited-term list, in accordance with board rule, may be
given preference over the departmental eligible list, and the
eligible list when making limited-term appointments.
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, ranked in relative order of the examination score
received and for purposes of preference in certifying eligibles the
list shall be considered an eligible list.
19055. The board may by rule provide for certification of names
from appropriate employment lists of the same or higher level in the
event an employment list is not available for the class to which a
position belongs.
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 employment list, the person standing
highest shall be certified and appointed.
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 highest standing on the list shall be
certified to the appointing power.
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.
19057.1. Notwithstanding Section 19057, for positions in classes
designated by the board as professional, scientific, or
administrative, or for any open employment list, there shall be
certified to the appointing power the names and addresses of all
those eligibles whose scores, at 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 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 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 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.
The board may by rule provide for certifying less than three ranks
where the size of the certified group is disproportionate to the
number of vacancies.
19057.2. Notwithstanding the provisions of Section 19057, for
positions in classes designated by the board 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. The third rank shall consist of eligibles
who receive a score of 85 to 89 percent. The fourth rank shall
consist of eligibles who receive a score of 80 to 84 percent. The
fifth rank shall consist of eligibles who receive a score of 75 to 79
percent. The sixth rank shall consist of eligibles who receive a
score of 70 to 74 percent. 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.
In accordance with board rule, fractional examination scores shall
be provided to the appointing power upon his or her request.
The board may by rule provide for certifying less than three ranks
where the size of the certified group is disproportionate to the
number of vacancies.
19057.3. (a) Notwithstanding Section 19057, for a position in the
Department of Corrections, 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 board may, by rule, provide for certifying less than three
ranks where the size of the certified group is disproportionate to
the number of vacancies.
(e) The board shall adopt rules to 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.
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.
19058. When there is no employment list from which a position may
be filled, the appointing power, with the consent of the board, may
fill the position by temporary appointment. The temporary appointment
to a permanent position shall continue only until eligibles are
available from an appropriate employment list and shall not exceed
the period prescribed by Section 5 of Article VII of the
Constitution. Within the limits of the period prescribed therein, any
temporary appointment to a limited term position may, in the
discretion of the appointing power and with the approval of the
board, be continued for the life of such position. When temporary
appointments are made to permanent positions, an appropriate
employment list shall be established for each class to which a
temporary appointment is made before the expiration of the
appointment.
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 temporary appointee, as such, shall not
acquire any probationary or permanent status or rights, and time
spent under temporary appointment shall not contribute to the
probationary period if the appointee is subsequently successful in an
examination and is certified and appointed to the position.
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 appropriate journeyman trade-rate
class upon completion of the apprenticeship.
A person who is first appointed to a trade-rate apprentice class
on or after January 1, 1976, shall, while in that class, accrue
seniority points at one-half of the rate of a journeyman.
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 opportunity to elect one of the
following:
(a) If the employee's seniority rating at the time of appointment
to the appropriate journeyman trade-rate class is higher than that of
any journeyman holding a permanent appointment in the appropriate
journeyman trade-rate class, the employee shall be appointed to a
permanent position.
(b) If there is a reemployment list for the appropriate journeyman
trade-rate class, the employee shall be placed on the reemployment
list of that class. The position of the employee on the reemployment
list shall be established by provisions of Section 19997.3 at the
time of the employee's appointment to the appropriate journeyman
trade-rate class.
(c) Demotion under Section 19997.8.
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 provisions of law and rule governing work
force reduction and separation from civil service positions.
19062.5. The board may establish rules specifying minimum service
and eligibility requirements governing movement of employees between
full-time, part-time, and intermittent positions.
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 transfers, reinstatements,
promotions, and demotions, in strict accordance with this part and
the rules prescribed from time to time under this part, and not
otherwise. Except as provided in this part, appointments to vacant
positions shall be made from employment lists.
19050.2. Subject to the approval of the board, the appointing
authority may enter into arrangements with personnel agencies in
other jurisdictions for the purpose of exchanging services and
effecting transfers of employees.
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, as defined in Section 18525.3, may be
accomplished without examination. The board may require an employee
to demonstrate in an examination that he or she possesses any
additional or different requirements that are included in the minimum
qualifications of the class to which the employee is transferring.
19050.5. Notwithstanding Section 3517.6, an appointing power may
transfer any employee under his or her jurisdiction to another
position 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 or
product is the same or similar in nature, any civil service employee
affected shall be given reasonable opportunity without change in
class, status, or salary to learn to do the work with the new machine
or process and to qualify for status in the different class of
position required for the work; provided, that an employee shall not
be promoted to a higher class under this section. An employee who
qualifies for appointment in the different class shall be deemed to
possess the specific education, experience, or other requirements for
that class and shall be appointed thereto with the same status and
seniority which he or she last had in his or her previous class.
An employee shall be deemed to be affected under this section if
the adoption of the new, different or additional machines or
processes results in his or her being laid off and if laid off that
employee shall have the same opportunity to qualify for appointment
to any vacancy in the same class or any new class created because of
the adoption of the new, different or additional machines or
processes as any other employee affected by this section who was not
laid off.
The board may prescribe rules and procedures and make
determinations for carrying out this section including provisions for
such examinations and tests of fitness as are deemed appropriate.
19050.8. The board may prescribe rules governing the temporary
assignment or loan of employees within an agency or between agencies
for not to exceed two years or between jurisdictions for not to
exceed 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 a
compelling program or management need.
(c) To facilitate the return of injured employees to work.
These temporary assignments or loans shall be deemed to be in
accord with this part limiting employees to duties consistent with
their class and may be used to meet minimum requirements for
promotional as well as open examinations. An employee participating
in that arrangement shall have the absolute right to return to his or
her former position. Any temporary assignment or loan of an employee
made for the purpose specified in subdivision (b) shall be made only
with the voluntary consent of the employee.
In addition, out-of-class experience obtained in a manner not
described in this section may be used to meet minimum requirements
for promotional as well as open examinations, only if it was obtained
by the employee in good faith and was properly verified under
standards prescribed by board rule.
For purposes of this section, a temporary assignment or loan
between educational agencies or jurisdictions shall be extended for
up to two additional years upon a finding by the Superintendent of
Public Instruction or the Chancellor of the California Community
Colleges, and with the approval of the Executive Officer of the State
Personnel Board, that the extension is necessary in order to
substantially complete work on an educational improvement project.
However, the temporary assignment of any local educator who is
performing the duties of a nonrepresented classification while on
loan to a state education agency may be extended for as many
successive two year intervals as necessary by the Superintendent of
Public Instruction or the Chancellor of the California Community
Colleges with the concurrence of the education agency or
jurisdiction. Public and private colleges and universities shall be
considered educational agencies or jurisdictions within the meaning
of this section.
A temporary assignment within an agency or between agencies may be
extended by the board for up to two additional years in order for an
employee to complete an apprenticeship program.
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 and engaged in the
performance of the function or the administration of the law shall be
transferred to that agency. The status, positions, and rights of
those persons shall be retained by them pursuant to this part and the
State Civil Service Act. A state agency is not required to retain
any 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 this
section.
19051. No person shall be appointed under a class not appropriate
to the duties to be performed.
19052. Whenever a vacancy in any position is to be filled and not
by transfer, demotion, or reinstatement, the appointing power shall
submit to the board, in accordance with board rules, a statement of
the duties of the position, the necessary and desired qualifications
of the person to be appointed, and a request that the names of
persons eligible for appointment to the position be certified. When
the appointing power establishes to the satisfaction of the board
that the necessary qualifications for the vacant position include
fluency in a language in addition to English only the names of
persons possessing such fluency shall be certified.
19054. Except as provided in Section 19054.1, the order of
preference in certifying eligibles shall be: subdivisional
reemployment list, departmental reemployment list, general
reemployment list, subdivisional promotional list, departmental
promotional list, multidepartmental promotional list, servicewide
promotional list, departmental eligible list, and eligible list. The
preferred limited-term list, in accordance with board rule, may be
given preference over the departmental eligible list, and the
eligible list when making limited-term appointments.
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, ranked in relative order of the examination score
received and for purposes of preference in certifying eligibles the
list shall be considered an eligible list.
19055. The board may by rule provide for certification of names
from appropriate employment lists of the same or higher level in the
event an employment list is not available for the class to which a
position belongs.
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 employment list, the person standing
highest shall be certified and appointed.
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 highest standing on the list shall be
certified to the appointing power.
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.
19057.1. Notwithstanding Section 19057, for positions in classes
designated by the board as professional, scientific, or
administrative, or for any open employment list, there shall be
certified to the appointing power the names and addresses of all
those eligibles whose scores, at 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 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 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 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.
The board may by rule provide for certifying less than three ranks
where the size of the certified group is disproportionate to the
number of vacancies.
19057.2. Notwithstanding the provisions of Section 19057, for
positions in classes designated by the board 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. The third rank shall consist of eligibles
who receive a score of 85 to 89 percent. The fourth rank shall
consist of eligibles who receive a score of 80 to 84 percent. The
fifth rank shall consist of eligibles who receive a score of 75 to 79
percent. The sixth rank shall consist of eligibles who receive a
score of 70 to 74 percent. 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.
In accordance with board rule, fractional examination scores shall
be provided to the appointing power upon his or her request.
The board may by rule provide for certifying less than three ranks
where the size of the certified group is disproportionate to the
number of vacancies.
19057.3. (a) Notwithstanding Section 19057, for a position in the
Department of Corrections, 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 board may, by rule, provide for certifying less than three
ranks where the size of the certified group is disproportionate to
the number of vacancies.
(e) The board shall adopt rules to 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.
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.
19058. When there is no employment list from which a position may
be filled, the appointing power, with the consent of the board, may
fill the position by temporary appointment. The temporary appointment
to a permanent position shall continue only until eligibles are
available from an appropriate employment list and shall not exceed
the period prescribed by Section 5 of Article VII of the
Constitution. Within the limits of the period prescribed therein, any
temporary appointment to a limited term position may, in the
discretion of the appointing power and with the approval of the
board, be continued for the life of such position. When temporary
appointments are made to permanent positions, an appropriate
employment list shall be established for each class to which a
temporary appointment is made before the expiration of the
appointment.
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 temporary appointee, as such, shall not
acquire any probationary or permanent status or rights, and time
spent under temporary appointment shall not contribute to the
probationary period if the appointee is subsequently successful in an
examination and is certified and appointed to the position.
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 appropriate journeyman trade-rate
class upon completion of the apprenticeship.
A person who is first appointed to a trade-rate apprentice class
on or after January 1, 1976, shall, while in that class, accrue
seniority points at one-half of the rate of a journeyman.
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 opportunity to elect one of the
following:
(a) If the employee's seniority rating at the time of appointment
to the appropriate journeyman trade-rate class is higher than that of
any journeyman holding a permanent appointment in the appropriate
journeyman trade-rate class, the employee shall be appointed to a
permanent position.
(b) If there is a reemployment list for the appropriate journeyman
trade-rate class, the employee shall be placed on the reemployment
list of that class. The position of the employee on the reemployment
list shall be established by provisions of Section 19997.3 at the
time of the employee's appointment to the appropriate journeyman
trade-rate class.
(c) Demotion under Section 19997.8.
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 provisions of law and rule governing work
force reduction and separation from civil service positions.
19062.5. The board may establish rules specifying minimum service
and eligibility requirements governing movement of employees between
full-time, part-time, and intermittent positions.
