18520-18552
GOVERNMENT CODE
SECTION 18520-18552
18520. Unless the context requires otherwise, the definitions
hereinafter set forth govern the construction of this part and the
rules adopted hereunder.
18521. "Board" means the agency created by Section 2 of Article VII
of the Constitution and includes the "State Personnel Board"
provided in Section 2(a) and the "executive officer" provided in
Section 2(c) thereof.
18522. "Position" means any office or employment in the "state
civil service" as the phrase is defined in Section 1 of Article VII
of the Constitution.
"Former position" means either of the following:
(a) A position in the classification to which an employee was last
appointed as a probationer, permanent employee, or career executive,
under the same appointing power where that position was held, and
within a designated geographical, organizational, or functional
subdivision of that state agency as determined appropriate by the
board.
(b) With the concurrence of both the appointing power and the
employee, a position in a different classification to which the same
appointing power could have assigned such an employee in accordance
with this part. However, the former position shall not include
positions from which the employee has been separated through
disciplinary action, rejected during a probationary period,
terminated under Section 19889.3, or terminated, demoted, or
transferred in accordance with Section 19253.5; or terminated on a
nonpunitive basis under Section 19585.
18523. "Class" means a group of positions sufficiently similar with
respect to duties and responsibilities that the same title may
reasonably and fairly be used to designate each position allocated to
the class and that substantially the same tests of fitness may be
used and that substantially the same minimum qualifications may be
required and that the same schedule of compensation may be made to
apply with equity.
18524. "Appointing power" means a person or group having authority
to make appointments to positions in the State civil service.
18525. "Appointment" means the offer to and acceptance by a person
of a position in the State civil service in accordance with this
part.
18525.1. "Promotion" means the appointment of an employee to a
position in a different class with a higher salary range, unless the
appointment is by transfer, as defined by subdivision (b) of Section
18525.3.
18525.2. "Demotion" means the appointment of an employee to a
position in a different class with a lower salary range, as provided
by Section 19253 if voluntary, by Section 19253.5 if for medical
reasons, or by Section 19570 if by adverse action.
18525.3. "Transfer" means both of the following:
(a) The appointment of an employee to another position in the same
class but under another appointing power.
(b) The appointment of an employee to a position in a different
class that has substantially the same level of duties,
responsibility, and salary, as determined by board rule, under the
same or another appointing authority.
18526. "Employee" means a person legally holding a position in the
State civil service.
18527. "Probationer" means an employee who has probationary status.
"Probationary status" means the status of an employee who has been
certified and appointed from an employment list, or has been
reinstated after resignation, or has been transferred or demoted but
who has not completed the probationary period provided in this part
and by board rule.
18528. "Permanent employee" means an employee who has permanent
status. "Permanent status" means the status of an employee who is
lawfully retained in his position after the completion of the
probationary period provided in this part and by board rule.
18529. "Temporary employee" means an employee holding a position
under temporary appointment. "Temporary appointment" means an
appointment made in the absence of any appropriate employment list
permitted by Section 5 of Article VII of the Constitution.
18530. "Limited term employee" means an employee whose appointment
as a result of reinstatement or certification from an employment list
shall not exceed two years, as specified by Section 19080.3.
18531. "Emergency employee" means an employee holding a position
under emergency appointment. "Emergency appointment" means an
appointment made for a period not to exceed 60 working days either
during an actual emergency to prevent the stoppage of public business
or because of the limited duration of the work.
18532. "Eligible list" means a list of persons who have been
examined in an open competitive examination and are eligible for
certification for a specific class.
"Limited term list" means an eligible list established for use
exclusively in making limited term appointments.
18532.1. "Preferred limited term list" means a list of persons who
have served under limited-term appointment and who, in accordance
with board rule, are granted eligiblity for additional limited-term
appointments.
18532.2. "Departmental eligible list" means a list of persons who
have been examined in an open competitive examination and who are
eligible for certification for a specific class for a particular
appointing power.
18533. (a) "Subdivisional promotional list" means a list of persons
eligible for certification for a specific class resulting from a
promotional examination for a particular subdivision of a state
agency.
(b) "Departmental promotional list" means a list of persons
eligible for certification for a specific class resulting from a
promotional examination for a particular state agency.
(c) "Multidepartmental promotional list" means a list of persons
eligible for certification for a specific class resulting from a
promotional examination for a group of state departments and other
state governmental units designated by the board.
(d) "Servicewide promotional list" means a list of persons
eligible for certification for a specific class resulting from a
promotional examination for the entire state service.
18534. "General reemployment list" means a list established for the
reemployment of persons in a particular class in any State agency,
irrespective of the State agency in which the persons were previously
employed.
18535. "Departmental reemployment list" means a list established
for the reemployment of persons in a particular class in a particular
State agency.
18536. "Subdivisional reemployment list" means a list established
for the reemployment of persons in a particular class in a particular
subdivision of a State agency.
18537. "Employment list" means preferred limited-term list,
limited-term list, eligible list, departmental eligible list,
subdivisional promotional list, departmental promotional list,
multidepartmental promotional list, servicewide promotional list,
departmental reemployment list, subdivisional reemployment list and
general reemployment list.
18538. "Part" means this part and those portions of Part 1 that
confer powers or impose duties on the board.
18538.1. The board may provide by rule the instances in which
"month" or "calendar month" as used in this part shall be construed
as calendar month, monthly pay period, or both.
18540. "Armed forces" means the United States Air Force, Army,
Navy, Marine Corps, Coast Guard, Revenue Marine Service, and the Army
and Navy Nurse Corps. Active service as a nurse in the American Red
Cross during World War I shall be considered service in the "armed
forces."
18540.1. "National emergency" as used in this part means any period
in which the United States is at war prior to the declaration by the
Governor of a state military emergency.
18540.2. "State military emergency," as used in this part, means an
emergency declared and terminable by the Governor by proclamation
during, but not limited to, such times as the United States is
conscripting personnel for service in the armed forces.
18540.3. "Recognized military service" means full-time service by a
person in the armed forces during the national emergency or a state
military emergency.
18540.4. "Veteran" means: Any person who has served full time in
the armed forces in time of national emergency or state military
emergency or during any expedition of the armed forces and who has
been discharged or released under conditions other than dishonorable.
18541. "Disabled veteran" means any veteran as defined in Section
18540.4 who is currently declared by the United States Veterans
Administration to be 10 percent or more disabled as a result of
service in the armed forces. Proof of such disability shall be deemed
conclusive if it is of record in the United States Veterans
Administration.
18542. "Rehabilitation" as used within this part shall mean a
restoration of veterans declared to be 10 per cent or more disabled,
either physically or mentally.
18543. "Military leave" means the leave of absence status of a
permanent employee or probationer who leaves a position to serve in
the armed forces of the United States in time of national emergency
or state military emergency and who has the right under statutes
relating to reinstatement of persons after military service to return
to his position.
18544. "Duration employment" means an employment during time of war
or during an emergency in connection with the national defense,
which employment is subject to termination and other conditions as
prescribed by Section 19200 and by board rules.
18545. "Duration examination" means an open competitive
examination, or promotional examination, held for the express purpose
of providing a list of persons available for duration employment.
Employment lists resulting from duration examinations can be used
only in making appointments for duration employment.
18546. (a) "Career executive" means an employee appointed from an
employment list established for the express purpose of providing a
list of persons with permanent status or who previously had permanent
status in the civil service, or those persons who either, for two or
more consecutive years, have been employed by the Legislature, as
described in Section 18990, or have held nonelected exempt positions
in the executive branch, as described in Section 18992, who are
available for career executive assignments, in which selection,
classification, salary, tenure, and other conditions of employment
may be varied from those prevailing under Chapters 3 (commencing with
Section 18800) through 7 (commencing with Section 19570) for other
employees in the state civil service.
(b) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
18546. (a) "Career executive" means an employee appointed from an
employment list established for the express purpose of providing a
list of persons with permanent status in the civil service who are
available for career executive assignments, in which selection,
classification, salary, tenure, and other conditions of employment
may be varied from those prevailing under Chapter 3 (commencing with
Section 18800) to Chapter 7 (commencing with Section 19570),
inclusive, for other employees in the state civil service.
(b) This section shall become operative on January 1, 2013.
18547. "Career executive assignment" means an appointment to a high
administrative and policy influencing position within the state
civil service in which the incumbent's primary responsibility is the
managing of a major function or the rendering of management advice to
top-level administrative authority. Such a position can be
established only in the top managerial levels of state service and is
typified by broad responsibility for policy implementation and
extensive participation in policy evolvement. Assignment by
appointment to such a position does not confer any rights or status
in the position other than provided in Article 9 (commencing with
Section 19889) of Chapter 2.5 of Part 2.6.
18550. A "full-time" position or appointment is a position or
appointment in which the employee is to work the amount of time
required for the employee to be compensated at a full-time rate.
18551. A "part-time" position or appointment is a position or
appointment in which the employee is to work a specific fraction of
the full-time work schedule.
18552. An "intermittent" position or appointment is a position or
appointment in which the employee is to work periodically or for a
fluctuating portion of the full-time work schedule.