SECTIONS 18701-18717 - California Statutes

GOVERNMENT CODE

SECTION 18701-18717

18701. The board shall prescribe, amend, and repeal rules in
accordance with law for the administration and enforcement of this
part and other sections of this code over which the board is
specifically assigned jurisdiction. Due notice of the contents of the
rules shall be given to appointing powers and employees. Within a
reasonable time after adoption, such rules and amendments shall be
published in such manner as the board determines, and distributed
free or at a reasonable cost.

18702. The board shall create and adjust classes of positions in
the state civil service in accordance with Article VII of the
Constitution and this part.

18703. The board shall provide for dismissals, demotions,
suspensions, and other adverse action for or in the state civil
service in accordance with Article VII of the Constitution and this
part.

18706. The board may make agreements with personnel agencies in
other jurisdictions, political subdivisions, and State agencies
excepted from the State civil service.

18707. The board may enter into agreements to make available its
services and facilities upon request, to any county, city, district
or other subdivision of the state recognized by law and to state
agencies excepted from the state civil service, and they may enter
into ageements for the exchange of personnel services or the
utilization of the services and facilities of the board. Such
agreements shall be approved by the Director of General Services.

18708. The board shall cooperate with the Director of Finance, the
Department of Personnel Administration, the California Victim
Compensation and Government Claims Board, the Controller, and other
state agencies, in matters not covered by this part, and not
inconsistent with this part, to promote the efficient and economical
administration of the state's business.

18710. All orders and decisions of the board made pursuant to
Article VII of the California Constitution or this part shall be
obeyed by and are binding upon all parties to a proceeding before it,
including, but not limited to, appointing powers and all their
employees, including their personnel officers, regardless of whether
an appointing power or other party agrees or disagrees with a
decision or order of the board.
All orders and decisions, other than orders or decisions of the
board itself, shall be reviewed by the executive officer or an
employee of the board designated by the executive officer.
If any appointing power or other party refuses or neglects to
comply with any such order or decision, the board may , in its sole
discretion, after investigation with or without a hearing, do any of
the following:
(a) Issue further findings interpreting or clarifying the order or
decision.
(b) Issue further findings as to whether an appointing power or
other party has or has not complied with the order or decision.
(c) Issue an order to show cause, directed to the appointing
power, why the board should not file a petition for a writ of mandate
to compel the appointing power to comply with the order or decision.
If the board finds that no good cause exists for the refusal or
neglect of the appointing power or other party to comply with the
order or decision, the board may issue a further order or decision
consistent with its findings. Alternatively, the board may file a
petition for a writ of mandate in the manner and in the court
provided for by law to compel the appointing power or other party to
comply with the order or decision.
This procedure for the enforcement of the orders and decisions of
the board is in addition to any other means or procedure which may be
provided by law. Nothing in this section shall preclude a party to a
proceeding before the board from seeking judicial enforcement of an
order or decision of the board.

18711. The board may join associations of personnel agencies having
as their purpose the interchanging or supplying of information
relating to the technique of personnel administration.

18714. (a) Nothing in this part shall preclude the Department of
Personnel Administration from providing by rule for a system of
adjusting employee grievances which shall be administered within the
departments before recourse to any remedy provided in this part.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if such provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.

18717. (a) The board shall develop objective criteria for
determining the application of the state safety category of
membership in the Public Employees' Retirement System to positions in
the state civil service. Upon the request of the Department of
Personnel Administration or an employee organization, the board shall
then determine which classes of positions meet all or part of the
elements of the criteria and shall list the positions in order based
upon the degree in which their duties meet the criteria. An employee
organization that requests a determination with respect to a class of
position previously determined not to meet the criteria shall submit
a written argument supporting the assertion that the class of
position meets the criteria. The board, if it finds the written
argument to be unpersuasive, may refuse to commence determination
proceedings unless and until either the Department of Personnel
Administration requests a determination with respect to that class of
position or the employee organization submits to the board a
supporting argument which the board finds persuasive. The board shall
indicate to the department whether the classes qualify for state
safety membership. The Public Employees' Retirement System and
employing agencies shall assist and cooperate with the board in
preparation of the report.
(b) The board shall transmit the report directly to the
department, which shall make a copy available to the exclusive
representative of any employee organization upon its written request.
(c) The department may use the results of the study in subsequent
negotiations with the exclusive employee representatives; however,
the report shall in no way obligate the department to take any action
or make any recommendations as it relates to state safety
membership.
(d) The department shall not recommend safety membership for any
class of employees who have not been determined by the board to meet
the established criteria.
(e) For classes of employees recommended for state safety
membership by a memorandum of understanding reached pursuant to
Section 3517.5, a copy of the report authorized under this section
shall be submitted to the Legislature with the signed memorandum of
understanding.
(f) This section does not apply to state employees who are subject
to Sections 19816.20 and 20405.1.