19800-19810
GOVERNMENT CODE
SECTION 19800-19810
19800. The State Personnel Board is hereby vested with the jurisdiction and responsibility of establishing and maintaining personnel standards on a merit basis and administering merit systems for local government agencies where such merit systems of employment are required by statute as a condition of a state-funded program or a federal grant-in-aid program established under the following federal laws: Social Security Act, as amended; the Public Health Service Act; and the Federal Civil Defense Act, as amended. 19801. For the purposes of administration of state or federally supported programs under Section 19800, the State Personnel Board shall, by regulation, establish and maintain personnel standards on a merit basis for local agencies (including therein standards of qualifications, competency, education, experience, tenure, and compensation) necessary for proper and efficient administration, and to assure state conformity with applicable federal requirements. 19802. Nothing in this chapter shall prevent any local agency from establishing its own merit system and determining thereunder the personnel standards to be applicable to its employees, but as to employees engaged in administering state and federally supported programs under Section 19800, such local systems and standards shall be subject to approval and review by the board to the extent necessary to qualify for federal funds. 19802.5. Notwithstanding the provisions of Sections 19801 and 19803, and after the State Personnel Board approves the memorandum of understanding standards, the State Personnel Board may waive administration of all or part of a local agency merit system where administration of merit system standards, including, but not limited to, certification, appointment and other transactions, layoff and reinstatement, position classifications, compensation standards, and disciplinary action are established pursuant to a legally binding memorandum of understanding negotiated between the local agency governing board and an employee organization recognized pursuant to applicable law representing employees engaged in federally supported programs under Section 19800. Upon request of the local agency governing board and the recognized employee organization, such waivers shall be granted on any or all standards following determination by the State Personnel Board that the provisions of the memorandum of understanding maintain merit system standards to the extent necessary to qualify for federal funds. All merit system standards waivers shall be subject to periodic audit, approval, or revocation by the State Personnel Board. Upon revocation of a waiver, the State Personnel Board may require any additional information as a condition of waiver reinstatement. 19803. The merit system for employees engaged in administering programs under Section 19800 in a local agency not administering its own merit system approved under this chapter shall be administered by the board. This may include, but is not limited to, recruitment, examination, certification, appointment and other transactions, position classification, compensation standards, and disciplinary actions. As part of such administration, the board shall hear and decide appeals of any applicant for employment or officer or employee from the decision of a local agency or the board's executive officer affecting the employment rights of such persons. Any decision rendered in such an appeal shall be binding upon the local agency. The board may bill the state departments having responsibility for the overall administration of grant-in-aid programs for the costs incurred in conducting hearings involving employees of local agencies not administering their own merit systems pursuant to this chapter. 19804. In the exercise of functions under this chapter, the board shall exercise no authority with respect to the selection, tenure of office and compensation of any individual employed in accordance with established standards. 19805. The board shall by regulation, establish and administer procedures, including provisions for investigations and hearings, to determine whether a particular merit system is in conformity with the standards established or approved by the board pursuant to Section 19801. In conducting any hearing provided by such procedures, or in conducting an appeal hearing under Section 19803, the board shall have the same authority as it does in conducting hearings pursuant to Sections 18671 to 18680, inclusive, of this code. 19806. When the board, after hearing, determines that a local merit system is not in conformity with the established standards, it shall notify such local agency and appropriate state officer in writing of its decision. If the governing body of the local agency does not bring the system into conformity within 60 days of notification of the board's decision, or within such longer period as the board determines, the board shall certify to the state officer having responsibility for the overall administration of the program, pursuant to which the grant-in-aid requiring such merit system was made, that the particular merit system is not in conformity with established standards. 19807. Notwithstanding any other provisions of law, upon receiving certification of the board, pursuant to Section 19806, the appropriate state officer shall take such action against the local agency as permitted by law or as necessary to obtain compliance without an additional administrative hearing being held by such officer. 19808. Local agencies shall provide such information and reports relating to merit system administration as are required by the board. 19809. State departments having responsibility for the overall administration of grant-in-aid programs under Section 19800 shall reimburse the board for all costs incurred by the board in administering this chapter. The board may equitably prorate such costs among such departments. 19810. As used in this chapter, "local agency" means any city, county, city and county, district, or other subdivision of the state, or any independent instrumentality thereof.