reglab/statecodes huggingface dataset:
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 2 - STATE CIVIL SERVICE › CHAPTER 5 - Appointments › ARTICLE 4 - Personal Services Contracts › Section 19132.

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 executed contract that is of a type enumerated in subdivision (b) of Section 19130. The review shall be conducted in accordance with subdivision (c) of Section 10337 of the Public Contract Code. However, a contract that was reviewed at the request of an employee organization when it was proposed need not be reviewed again after its execution.
(b) (1) Unless a personal services contract pursuant to subdivision (b) of Section 19130 is necessary due to a sudden and unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services, the contract shall not be executed until the state agency proposing to execute the contract has notified all organizations that represent state employees who perform the type of work to be contracted.
(2) At a minimum, the notice shall include a full copy of the proposed contract. The notifying agency may redact specific confidential or proprietary information from the notice.
(3) The Department of General Services shall establish a process to certify the notification in paragraph (1).
(4) The notification and certification of notice requirements of this subdivision do not change the requirements for contracts under Section 11045 or require an additional notification.
(5) This subdivision does not apply to contracts executed by the Commission on Peace Officer Standards and Training pursuant to subdivision (c) of Section 13503 of the Penal Code and this article.
(Amended by Stats. 2014, Ch. 504, Sec. 1. (AB 2387) Effective January 1, 2015.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 2 - STATE CIVIL SERVICE › CHAPTER 5 - Appointments › ARTICLE 4 - Personal Services Contracts › Section 19133.

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 state higher education foundation to provide part-time employment to students attending a public or private institution of higher education that contracts with the state agency, or to students attending a public or private institution which is affiliated with a nonprofit campus foundation, or a state higher education foundation, that contracts with a state agency, in work related to the field of study of the student.
(b) Notwithstanding any other provision of law to the contrary, no student employed pursuant to this section shall do any of the following:
(1) Accrue state civil service status.
(2) Be employed for more than 194 days in the 365 days following the initial date of employment.
(3) Cause the displacement of civil service employees.
(c) “Displacement,” for the purposes of this section, includes layoffs, demotions, involuntary transfers to a new class, involuntary transfers to a new location requiring a change of residence, and time-based reductions. “Displacement,” for the purposes of this section, shall not include changes in shifts or days off nor shall it include reassignment to other positions within the same class and general location.
(Added by Stats. 1989, Ch. 168, Sec. 2.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 2 - STATE CIVIL SERVICE › CHAPTER 5 - Appointments › ARTICLE 4 - Personal Services Contracts › Section 19134.

19134. (a) Personal services contracts entered into by a state agency in accordance with Section 19130 for persons providing janitorial and housekeeping services, custodians, food service workers, laundry workers, window cleaners, and security guard services shall include provisions for employee wages and benefits that are valued at least 85 percent of the state employer cost of wages and benefits provided to state employees for performing similar duties.
(b) For purposes of this section, “benefits” includes “health, dental, retirement, and vision benefits, and holiday, sick, and vacation pay.”
(c) (1) The Department of Human Resources shall establish annually the state employer wage and benefit costs for workers covered pursuant to this section.
(2) Benefit costs shall be established using rates based on single employee, employee plus one dependent, and employee plus two or more dependents, or the costs may be based on a blended rate, subject to the determination of the Department of Human Resources.
(d) In lieu of providing actual benefits, contractors may comply with this section by a cash payment to employees equal to the applicable determination under subdivision (c).
(e) Failure to provide benefits or cash in lieu to employees as required under this section shall be deemed to be a material breach for any contract for personal services covered by this section.
(f) The Department of General Services and the Department of Human Resources may adopt guidelines and regulations to implement the requirements of this section.
(g) This section applies to all contracts exceeding 90 days.
(h) Holiday pay shall be provided to employees of contractors providing services specified in subdivision (a) on any state holiday that the state facility in which the services are being provided is closed.
(i) This section also applies to wages and benefits of employees of subcontractors providing services specified in subdivision (a) in state-leased facilities where the facility is at least 50,000 square feet in area and the state leases all of the occupied floorspace of the facility.
(j) With the exception of subdivision (h), this section does not apply to personal services contracts for the services described in subdivision (a) performed by employees of nonprofit organizations that are employed in accordance with any of the following:
(1) A special license issued pursuant to Section 1191.5 of the Labor Code.
(2) A special certificate issued pursuant to Section 214 of Title 29 of the United States Code.
(3) A community rehabilitation plan described in Sections 19152 and 19404 of the Welfare and Institutions Code.
(4) A habilitation services program as described in Sections 19352 and 19356.6 of the Welfare and Institutions Code.
(Amended by Stats. 2012, Ch. 665, Sec. 67. (SB 1308) Effective January 1, 2013.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 2 - STATE CIVIL SERVICE › CHAPTER 5 - Appointments › ARTICLE 4 - Personal Services Contracts › Section 19135.

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 the board or its delegate. The state agency shall not circumvent or disregard the board’s action by entering into another contract for the same or similar services or to continue the services that were the subject of the contract disapproved by the board or its delegate.
(b) A state agency ordered to discontinue a contract shall serve notice of the discontinuation of the contract to the vendor within 15 days from the board’s final action unless a different notice period is specified. A copy of the notice also shall be served on the board and the employee organization that filed the contract challenge. Failure to serve this notice may be grounds for rejection of future contracts for the same or similar services that were discontinued.
(Added by Stats. 2011, Ch. 684, Sec. 2. (AB 740) Effective January 1, 2012.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 2 - STATE CIVIL SERVICE › CHAPTER 5 - Appointments › ARTICLE 5 - Reinstatement › Section 19140.

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 or permanent status who was separated from his or her position (1) by resignation, (2) by service retirement, (3) by termination from limited-term, temporary, career executive assignment, or exempt appointment, (4) under Section 19996.2, or (5) without a break in continuity of state service to accept another civil service or exempt appointment. In addition, an employee who was separated from his or her position under Section 19585 shall have permissive reinstatement eligibility to that position when he or she again meets the requirements for continuing employment in that position, and shall have permissive reinstatement eligibility for any other position as provided by this section.
(b) Reinstatement shall be undertaken subject to rule.
(c) Reinstatement shall be undertaken within three years if the employee, at the time of separation, was a member of the California Highway Patrol.
(d) For reinstatement after separation, for members of the California Highway Patrol, the time spent in any of the following positions shall not be considered in computing the three-year period:
(1) In a position which is exempt from civil service.
(2) As a temporary employee in another governmental agency engaged in a technical cooperation program under an agreement approved by the state.
(3) In a recognized military service.
(e) A member of the California Highway Patrol separated from state service may be reinstated to an otherwise appropriate nonmember class even if the separation exceeds three years.
(f) Reinstatement shall be made to any of the following vacant positions:
(1) The class vacated or from which separated.
(2) A lower class in the same series.
(3) Another class to which the employee could transfer or demote pursuant to rule.
An employee, including a member of the California Highway Patrol, separated from his or her former position in state service by layoff, or by resignation or demotion in lieu of layoff, may be reinstated at the discretion of the appointing power. However, the reinstatement is subject to the requirements of this section and shall not be to a position that is specifically subject to the employee’s reemployment list eligibility.
(Amended by Stats. 2013, Ch. 427, Sec. 59. (AB 1062) Effective January 1, 2014.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 2 - STATE CIVIL SERVICE › CHAPTER 5 - Appointments › ARTICLE 5 - Reinstatement › Section 19140.5.

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 break in the continuity of state service due to a permanent separation.
An employee who is (a) terminated from a temporary or limited-term appointment by either the employee or the appointing power; or (b) rejected during probation; or (c) demoted from a managerial position pursuant to Section 19590; shall be reinstated to his or her former position provided all of the following conditions occur:
(1) The employee accepted the appointment without a break in the continuity of state service.
(2) The reinstatement is requested in the manner provided by rule within 10 working days after the effective date of the termination.
(Amended by Stats. 2013, Ch. 427, Sec. 60. (AB 1062) Effective January 1, 2014.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 2 - STATE CIVIL SERVICE › CHAPTER 5 - Appointments › ARTICLE 5 - Reinstatement › Section 19141.

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 position” is defined as in Section 18522, or, if the appointing power to which reinstatement is to be made and the employee agree, a vacant position in any department, commission, or state agency for which he or she is qualified and which is at substantially the same level as the employee’s former position.
(b) An employee who vacates a civil service position to accept an appointment to an exempt position shall be reinstated to his or her former position at the termination of the exempt appointment, provided both of the following conditions are met:
(1) He or she accepted the appointment without a break in the continuity of state service.
(2) Within 10 working days after the effective date of the termination, he or she makes a written request to the appointing power to be reinstated to his or her former position. If an employee accepts an appointment to an exempt position and seeks reinstatement to his or her former position more than 10 working days after the effective date of the termination of the exempt appointment, Section 19140 shall apply.
(c) An employee who vacates his or her civil service position to accept an assignment as a member, inmate, or patient helper under subdivision (j) of Section 4 of Article VII of the California Constitution shall not have a right to mandatory reinstatement.
(d) If an employee in an exempt appointment accepts an extension of the exempt appointment or accepts a new exempt appointment with no break in the continuity of state service in an exempt appointment, subdivision (b) shall apply when the extension or new exempt appointment is terminated.
(e) If an employee exercises his or her right of reinstatement and returns to his or her former position, the service while under an exempt appointment shall be deemed to be time served in the former position for the purpose of determining his or her seniority and eligibility for merit salary increases.
(f) If the termination of an exempt appointment is for a reason contained in Section 19997 and the employee does not have a right to mandatory reinstatement, he or she shall have his or her name placed on the departmental and general reemployment lists for the class of his or her former position.
(Amended by Stats. 2016, Ch. 35, Sec. 6. (SB 848) Effective June 27, 2016.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 2 - STATE CIVIL SERVICE › CHAPTER 5 - Appointments › ARTICLE 5 - Reinstatement › Section 19141.1.

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 years of the termination of an appointment in an exempt position, an employee who has completed a minimum of five years of state service experience shall be given an opportunity upon request to obtain civil service appointment list eligibility by taking a deferred examination for any class that has a current eligible list and for which the employee meets the minimum qualifications of the class.
(Amended by Stats. 2016, Ch. 35, Sec. 7. (SB 848) Effective June 27, 2016.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 2 - STATE CIVIL SERVICE › CHAPTER 5 - Appointments › ARTICLE 5 - Reinstatement › Section 19142.

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 person any necessary separations are effected under the provisions of Section 19997.3 governing layoff and demotion except that (1) an employee who is not to be separated from state service need not receive advance notification as provided in Section 19997.13, and (2) seniority may not be counted as provided in Section 19997.3 when this would result in the layoff of the person who has the reinstatement right. Under that circumstance, qualifying service in classes at substantially the same or higher salary level is the only state service that may be counted for purposes of determining who is to be separated.
(Amended by Stats. 2003, Ch. 62, Sec. 122. Effective January 1, 2004.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 2 - STATE CIVIL SERVICE › CHAPTER 5 - Appointments › ARTICLE 5 - Reinstatement › Section 19143.

19143. At the termination of any temporary separation, except termination of a permanent or probationary employee by layoff and termination by displacement, as defined in regulation, the employee shall be reinstated to his or her former position, as defined in Section 18522, unless some other reinstatement right is specified for the particular temporary separation in the Civil Service Act or regulation.
(Amended by Stats. 2013, Ch. 427, Sec. 62. (AB 1062) Effective January 1, 2014.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 2 - STATE CIVIL SERVICE › CHAPTER 5 - Appointments › ARTICLE 5 - Reinstatement › Section 19144.

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 following retirement, provided that the position is either:
(a) In the class in which the person had permanent or probationary status or a career executive assignment appointment at the time of retirement.
(b) In another class to which the person could have been permanently transferred, reinstated, or demoted at the time of retirement.
(Amended by Stats. 1999, Ch. 310, Sec. 10. Effective January 1, 2000.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 2 - STATE CIVIL SERVICE › CHAPTER 5 - Appointments › ARTICLE 6 - Probationary Period › Section 19170.

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 than one year. The probationary period commences on the first day the employee reports to work or begins performing the job duties.
(b) By rule, the board may:
(1) Increase the length of individual probationary periods by adding periods of time to any periods of time an employee, while serving as a probationer, is absent from the employee’s position.
(2) Require an additional probationary period not to exceed the length of the probationary period of the class in which the probationer was appointed when the probationary employee returns after an extended period of absence and the remainder of the probationary period is insufficient to evaluate the probationary employee’s current performance.
(c) Upon written agreement between an appointing power and an employee who alleges they have a disability, as defined in Section 12926, subject to approval of the agreement by the board, the employee’s probationary period may be extended for a period, not to exceed six months, to allow the appointing power to provide a reasonable accommodation to the employee and the employee to demonstrate, before the probationary period ends, the ability to perform satisfactorily the essential functions of the position with reasonable accommodation. Nothing in this subdivision may relieve an appointing power from complying with applicable law requiring reasonable accommodation or prohibiting discrimination based on disability, and no employee, as a condition of an agreement to extend the probationary period, may be required to waive or release any rights they may have under applicable law requiring reasonable accommodation or prohibiting discrimination based on disability.
(Amended by Stats. 2023, Ch. 74, Sec. 1. (SB 510) Effective January 1, 2024.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 2 - STATE CIVIL SERVICE › CHAPTER 5 - Appointments › ARTICLE 6 - Probationary Period › Section 19171.

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 permanent appointment from an employment list, (b) upon reinstatement after a break in continuity of service resulting from a permanent separation, or (c) after any other type of appointment situation not specifically excepted from the probationary period requirement by statute or by board rule.
(Repealed and added by Stats. 1969, Ch. 809.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 2 - STATE CIVIL SERVICE › CHAPTER 5 - Appointments › ARTICLE 6 - Probationary Period › Section 19172.

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 rules may require.
(Amended by Stats. 2012, Ch. 360, Sec. 48. (SB 1309) Effective January 1, 2013.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 2 - STATE CIVIL SERVICE › CHAPTER 5 - Appointments › ARTICLE 6 - Probationary Period › Section 19173.

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 of the service, or failure to demonstrate merit, efficiency, fitness, and moral responsibility, but he or she shall not be rejected for any cause constituting prohibited discrimination as set forth in Sections 19700 to 19703, inclusive.
(b) A rejection during probationary period is effected by the service upon the probationer of a written notice of rejection which shall include: (A) an effective date for the rejection that shall not be later than the last day of the probationary period; and (B) a statement of the reasons for the rejection. Service of the notice shall be made prior to the effective date of the rejection, as defined by board rule for service of notices of adverse actions. Notice of rejection shall be served prior to the conclusion of the prescribed probationary period. The probationary period may be extended when necessary to provide the full notice period required by board rule. Within 15 days after the effective date of the rejection, a copy thereof shall be filed with the board.
(Amended by Stats. 2011, Ch. 60, Sec. 1. (SB 318) Effective January 1, 2012.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 2 - STATE CIVIL SERVICE › CHAPTER 5 - Appointments › ARTICLE 6 - Probationary Period › Section 19175.

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 hearing the reasons for rejection. After investigation, the board may do any of the following:
(a) Affirm the action of the appointing power.
(b) Modify the action of the appointing power.
(c) Restore the name of the rejected probationer to the employment list for certification to any position within the class; provided, that his or her name shall not be certified to the agency by which he or she was rejected, except with the concurrence of the appointing power of that agency.
(d) Restore him or her to the position from which he or she was rejected, but this shall be done only if the board determines, after a hearing, that there is no substantial evidence to support the reason or reasons for rejection, or that the rejection was made in fraud or bad faith. At the hearing, the rejected probationer shall have the burden of proof. Subject to rebuttal by the rejected probationer, it shall be presumed that the rejection was free from fraud and bad faith and that the statement of reasons therefor in the notice of rejection is true.
(Amended by Stats. 2011, Ch. 60, Sec. 2. (SB 318) Effective January 1, 2012.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 2 - STATE CIVIL SERVICE › CHAPTER 5 - Appointments › ARTICLE 6 - Probationary Period › Section 19175.1.

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 employment list from which his name originally was certified if the list is still in existence and the board determines after medical examination that he meets the required medical standards.
(Added by Stats. 1957, Ch. 516.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 2 - STATE CIVIL SERVICE › CHAPTER 5 - Appointments › ARTICLE 6 - Probationary Period › Section 19175.2.

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 rejected probationer to the re-employment list from which his name was originally certified. His name shall not again be certified to the agency by which he was rejected except with the consent of the appointing power.
(Added by Stats. 1961, Ch. 382.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 2 - STATE CIVIL SERVICE › CHAPTER 5 - Appointments › ARTICLE 6 - Probationary Period › Section 19175.5.

19175.5. Subject to board rule an appointing power may cancel or withdraw a notice of rejection of a probationer.
(Added by Stats. 1949, Ch. 575.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 2 - STATE CIVIL SERVICE › CHAPTER 5 - Appointments › ARTICLE 6 - Probationary Period › Section 19180.

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 rejection was improperly in effect.
Salary shall not be authorized or paid for any portion of a period of rejection that the employee was not ready, able, and willing to perform the duties of his or her position, whether such rejection is valid or not.
There shall be deducted from any amount approved under this section any compensation the employee earned or might reasonably have earned in private or public employment during the period the rejection was improperly in effect.
(Amended by Stats. 2012, Ch. 360, Sec. 49. (SB 1309) Effective January 1, 2013.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 2 - STATE CIVIL SERVICE › CHAPTER 5 - Appointments › ARTICLE 7 - Duration Appointments › Section 19200.

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 may authorize duration examinations and employments in those classes in which the best interests of the state would be served during such war or emergency. Within not less than three months, or more than one year, after the department finds that there is no longer an emergency, all duration employments shall be terminated in such order as the department deems appropriate.
(Amended by Stats. 2013, Ch. 427, Sec. 64. (AB 1062) Effective January 1, 2014.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 2 - STATE CIVIL SERVICE › CHAPTER 5 - Appointments › ARTICLE 9 - Hiring of Disabled Persons › Section 19230.

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 social and economic life of the state and to engage in remunerative employment.
(b) It is the policy of this state that qualified individuals with a disability shall be employed in the state service, the service of the political subdivisions of the state, in public schools, and in all other employment supported in whole or in part by public funds on the same terms and conditions as the nondisabled, consistent with applicable state or federal law.
(c) It is the policy of this state that a department, agency, or commission shall make reasonable accommodation to the known physical or mental limitations of an otherwise qualified applicant or employee who is an individual with a disability, unless the hiring authority can demonstrate that the accommodation would impose an undue hardship on the operation of its program. Each state agency is responsible for developing its own reasonable accommodation policy, consistent with state and federal law, to address requests for reasonable accommodations. A department shall not deny any employment opportunity to a qualified applicant or employee who is an individual with a disability if the basis for the denial is the need to make reasonable accommodation to the physical or mental limitations of the applicant or employee.
(Amended by Stats. 2021, Ch. 515, Sec. 2. (AB 313) Effective January 1, 2022.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 2 - STATE CIVIL SERVICE › CHAPTER 5 - Appointments › ARTICLE 9 - Hiring of Disabled Persons › Section 19231.

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.
(Amended by Stats. 2000, Ch. 1049, Sec. 9. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 2 - STATE CIVIL SERVICE › CHAPTER 5 - Appointments › ARTICLE 9 - Hiring of Disabled Persons › Section 19232.

19232. Each state agency shall be responsible for establishing an effective affirmative action program to ensure individuals with a disability, who are capable of remunerative employment, access to positions in state service on an equal and competitive basis with the general population.
Each state agency shall develop and implement an affirmative action employment plan for individuals with a disability, which shall include goals and timetables. These goals and timetables shall be set annually for disabilities identified pursuant to guidelines established by the department, and shall be submitted to the department no later than June 1 of each year beginning in 1978, for review and approval or modification. Goals and timetables shall be made available to the public upon request.
(Amended by Stats. 2018, Ch. 405, Sec. 3. (SB 846) Effective September 14, 2018.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 2 - STATE CIVIL SERVICE › CHAPTER 5 - Appointments › ARTICLE 9 - Hiring of Disabled Persons › Section 19233.

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 workforce and to ensure equal and fair employment practices for employees who are individuals with a disability.
(b) Survey the number of individuals with a disability in each department by at least job category and salary range for the purpose of developing goals and timetables pursuant to Section 19232 and compare those numbers with the number of individuals with a disability in the workforce.
(c) Establish guidelines for state agencies and departments to set goals and timetables to improve the representation of individuals with a disability in the state workforce. Goals and timetables shall be set by at least job category.
(d) (1) By December 31 of each year, review plans submitted by state agencies pursuant to Section 19232 and approve the plan or require appropriate modifications as necessary to set forth goals that will result in a significant increase in hiring of persons with disabilities and effective strategies to achieve those goals.
(2) Identify agencies and departments that have consistently failed to make progress in increasing their representation of persons with disabilities and work with those agencies or departments to develop, within 180 days, action plans addressing the deficiencies.
(Amended by Stats. 2021, Ch. 515, Sec. 3. (AB 313) Effective January 1, 2022.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 2 - STATE CIVIL SERVICE › CHAPTER 5 - Appointments › ARTICLE 9 - Hiring of Disabled Persons › Section 19234.

19234. Each state agency shall annually review its hiring activities designed to achieve the employment objectives established pursuant to subdivision (c) of Section 19233 to determine if any category of individuals with a disability have been disproportionately excluded on a non-job-related basis from employment. If any category has been so excluded, the agency shall correct that underrepresentation.
(Amended by Stats. 1992, Ch. 913, Sec. 31. Effective January 1, 1993.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 2 - STATE CIVIL SERVICE › CHAPTER 5 - Appointments › ARTICLE 9 - Hiring of Disabled Persons › Section 19236.

19236. The department shall provide technical assistance, statewide advocacy, coordination, and monitoring of plans to overcome any underrepresentation determined pursuant to Section 19234.
(Amended by Stats. 2018, Ch. 405, Sec. 4. (SB 846) Effective September 14, 2018.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 2 - STATE CIVIL SERVICE › CHAPTER 5 - Appointments › ARTICLE 9 - Hiring of Disabled Persons › Section 19237.

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 accomplishments of the overall employment program for individuals with a disability in state government, including an evaluation of the achievement of annual employment objectives and reasonable accommodation policies and practices.
(Amended by Stats. 2018, Ch. 405, Sec. 5. (SB 846) Effective September 14, 2018.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 2 - STATE CIVIL SERVICE › CHAPTER 5 - Appointments › ARTICLE 9 - Hiring of Disabled Persons › Section 19238.

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 appointing power during the three-year period ending June 30, 2025, and a comparison to the hiring of persons with disabilities in the three-year period ending June 30, 2022.
(2) The names of departments or agencies required to submit corrected affirmative action plans pursuant to subdivision (d) of Section 19233 and a summary of these plans and an analysis of their effectiveness.
(3) A description of recommendations from the Governor’s Diversity Task Force related to employment of persons with disabilities that have been implemented.
(4) Recommendations for future efforts to improve the hiring of persons with disabilities for all state agencies. In formulating recommendations for future action, the department shall consult with the Department of Rehabilitation, the State Council on Developmental Disabilities, and organizations representing persons with disabilities.
(b) The report required to be submitted under subdivision (a) shall be submitted in compliance with Section 9795.
(c) Information to be reported pursuant to subdivision (a) shall be submitted in conjunction with information reportable under Section 19237 and in an existing report.
(d) This section shall remain in effect only until December 31, 2029, and as of that date is repealed.
(Added by Stats. 2021, Ch. 515, Sec. 4. (AB 313) Effective January 1, 2022. Repealed as of December 31, 2029, by its own provisions.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 2 - STATE CIVIL SERVICE › CHAPTER 5.5 - Limited Examination and Appointment Program › ARTICLE 1 - General › Section 19240.

19240. (a) The department, consistent with board rules, shall be responsible for the administration of the Limited Examination and Appointment Program. This program shall provide an alternative to the traditional civil service examination and appointment process to facilitate the hiring of persons with disabilities in the state civil service.
(b) For purposes of this chapter, “disability” includes “mental disability” and “physical disability” as those terms are defined in Section 12926, as that section presently reads or as it subsequently may be amended.
(c) Notwithstanding subdivision (b), if the definition of “disability” used in the federal Americans with Disabilities Act of 1990 (Public Law 101-336) would result in broader protection of the civil rights of individuals with a mental or physical disability, as defined in subdivision (b), then that broader protection shall be deemed incorporated by reference into, and shall prevail over conflicting provisions of, the definition in subdivision (b). The definition of “disability” contained in subdivision (b) shall not be deemed to refer to or include conditions excluded from the federal definition of “disability” pursuant to Section 511 of the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12211).
(d) This section shall become operative on January 1, 2022.
(Amended (as added by Stats. 2015, Ch. 356, Sec. 3) by Stats. 2020, Ch. 367, Sec. 2. (SB 1264) Effective January 1, 2021. Section operative January 1, 2022, by its own provisions.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 2 - STATE CIVIL SERVICE › CHAPTER 5.5 - Limited Examination and Appointment Program › ARTICLE 1 - General › Section 19241.

19241. (a) The department, consistent with board rules, shall be responsible for the implementation of this chapter, which may provide for the establishment of eligibility criteria for participation, special job classifications, examination techniques, and appointment and appeals procedures.
(b) This section shall become operative on January 1, 2022.
(Amended (as amended by Stats. 2016, Ch. 86, Sec. 161) by Stats. 2020, Ch. 367, Sec. 4. (SB 1264) Effective January 1, 2021. Section operative January 1, 2022, by its own provisions.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 2 - STATE CIVIL SERVICE › CHAPTER 5.5 - Limited Examination and Appointment Program › ARTICLE 2 - Examinations and Appointments › Section 19242.

19242. (a) The department or its designee shall conduct competitive examinations to determine the qualifications and readiness of persons with disabilities for state employment. The examinations may include an on-the-job-performance evaluation and any other selection techniques deemed appropriate.
(b) (1) The department or its designee shall permit a person with a developmental disability to choose to complete a written examination or readiness evaluation, or to complete an internship, as described in this paragraph, in order to qualify for service in a position under the Limited Examination and Appointment Program. The use of an internship as a competitive examination of a person with a developmental disability shall consist of both of the following:
(A) Successful completion of an internship with a state agency of at least 512 hours in duration.
(B) Certification by the state agency that the employee has completed the internship and has demonstrated the skills, knowledge, and abilities necessary to successfully perform the requirements of the position.
(2) A person with a developmental disability who successfully completes the examination or internship required by this subdivision is deemed to meet the minimum qualifications, as determined by the board, for the position in which the internship was performed.
(c) Examination results may be ranked or unranked.
(Amended (as amended by Stats. 2022, Ch. 573, Sec. 9) by Stats. 2023, Ch. 44, Sec. 9. (AB 121) Effective July 10, 2023.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 2 - STATE CIVIL SERVICE › CHAPTER 5.5 - Limited Examination and Appointment Program › ARTICLE 2 - Examinations and Appointments › Section 19242.1.

19242.1. An appointment to a position for the purpose of completing a job performance evaluation shall be known as an examination appointment.
(Added by Stats. 1990, Ch. 478, Sec. 12.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 2 - STATE CIVIL SERVICE › CHAPTER 5.5 - Limited Examination and Appointment Program › ARTICLE 2 - Examinations and Appointments › Section 19242.2.

19242.2. The department or its designee shall create a referral list containing the names of persons with disabilities who meet eligibility criteria for participation and the minimum qualifications of the job classification and any other requirements deemed appropriate by the board to be used by appointing powers for examination appointments. Such a referral list shall be combined with other employment lists for the same classification using the procedure described in subdivision (a) of Section 19057.1, unless the appointing power requests use of the alternative procedure set forth in subdivision (b) of that section. Notwithstanding any other law, if the eligibility list is obtained pursuant to subdivision (b) of Section 19057.1, the list of candidates provided to the hiring manager may identify those who are qualified through the Limited Examination and Appointment Program. Notwithstanding any other law, and to provide for appropriate job-person placement, all candidates meeting referral requirements shall be eligible for examination appointment.
(Amended by Stats. 2022, Ch. 892, Sec. 3. (AB 1195) Effective January 1, 2023.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 2 - STATE CIVIL SERVICE › CHAPTER 5.5 - Limited Examination and Appointment Program › ARTICLE 2 - Examinations and Appointments › Section 19242.4.

19242.4. All examination appointments to positions under the Limited Examination and Appointment Program shall be made on a temporary and provisional basis to allow candidates to demonstrate their ability to perform the duties of the position. The term of the appointment shall be known as the job examination period and its duration shall be determined by board rule.
(Added by Stats. 1988, Ch. 738, Sec. 2.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 2 - STATE CIVIL SERVICE › CHAPTER 5.5 - Limited Examination and Appointment Program › ARTICLE 2 - Examinations and Appointments › Section 19242.6.

19242.6. Candidates serving in positions under the Limited Examination and Appointment Program shall not acquire permanent civil service status but shall receive the same salary and benefits to which other state employees in temporary positions are entitled.
(Added by Stats. 1988, Ch. 738, Sec. 2.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 2 - STATE CIVIL SERVICE › CHAPTER 5.5 - Limited Examination and Appointment Program › ARTICLE 2 - Examinations and Appointments › Section 19242.8.

19242.8. The department or its designee shall develop evaluation standards which are appropriate tests of fitness for the job classification. During the job examination period, the appointing power shall prepare written evaluations of the candidate’s performance. The final evaluation shall contain a recommendation as to whether or not to appoint the candidate to an appropriate position where civil service status may accumulate.
(Amended by Stats. 2012, Ch. 360, Sec. 58. (SB 1309) Effective January 1, 2013.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 2 - STATE CIVIL SERVICE › CHAPTER 5.5 - Limited Examination and Appointment Program › ARTICLE 2 - Examinations and Appointments › Section 19242.9.

19242.9. Upon failure of the appointing power to terminate the appointment of the candidate within 30 days following the end of the job examination period, it shall be presumed that the candidate has qualified in the examination.
(Added by Stats. 1988, Ch. 738, Sec. 2.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 2 - STATE CIVIL SERVICE › CHAPTER 5.5 - Limited Examination and Appointment Program › ARTICLE 2 - Examinations and Appointments › Section 19243.

19243. Upon successful completion of the job examination period, the candidate shall have qualified in the examination. The appointing power shall appoint the candidate, without further examination, to an appropriate position where permanent status may accumulate. A candidate appointed in this way is not required to serve a probationary period.
(Amended by Stats. 2018, Ch. 53, Sec. 29. (SB 866) Effective June 27, 2018.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 2 - STATE CIVIL SERVICE › CHAPTER 5.5 - Limited Examination and Appointment Program › ARTICLE 2 - Examinations and Appointments › Section 19243.2.

19243.2. With the approval of the department, the appointing power may shorten or extend the duration of the job examination period.
(Amended by Stats. 2012, Ch. 360, Sec. 60. (SB 1309) Effective January 1, 2013.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 2 - STATE CIVIL SERVICE › CHAPTER 5.5 - Limited Examination and Appointment Program › ARTICLE 2 - Examinations and Appointments › Section 19243.4.

19243.4. Upon unsuccessful completion of the job examination period, the appointing power may terminate the appointment of the candidate in accordance with board rule.
(Added by Stats. 1988, Ch. 738, Sec. 2.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 2 - STATE CIVIL SERVICE › CHAPTER 5.5 - Limited Examination and Appointment Program › ARTICLE 3 - Appeals › Section 19244.

19244. Applicants for and candidates in the Limited Examination and Appointment Program examination process may appeal in accordance with board rule any of the following actions:
(a) A refusal to certify eligibility to participate in the program.
(b) A rejection of an application to participate in an examination.
(c) A disqualification by an interview panel or by any other selection method used.
(d) A denial of a request for reasonable accommodation during the job examination period.
(e) A termination of an appointment of a candidate during a job examination period.
(Amended by Stats. 1990, Ch. 478, Sec. 14.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 2 - STATE CIVIL SERVICE › CHAPTER 6 - Service › ARTICLE 1 - General › Section 19251.5.

19251.5. All state employees and employees of the University of California and the California State University shall have the right to communicate with Members and employees of the Legislature.
A state employee, employee of the University of California, or employee of the California State University may raise as a defense, at an adverse action hearing, the right to communicate with Members and employees of the Legislature as provided for in this section whenever he or she believes that the basis for that adverse action is retaliation for that communication.
(Amended by Stats. 1990, Ch. 478, Sec. 15.)