SECTIONS 18930-18941 - California Statutes

GOVERNMENT CODE

SECTION 18930-18941

18930. Examinations for the establishment of eligible lists shall
be competitive and of such character as fairly to test and determine
the qualifications, fitness, and ability of competitors actually to
perform the duties of the class of position for which they seek
appointment.
Examinations for managerial positions, except for career executive
assignments as defined in Section 18547, peace officers defined in
subdivision (a) of Section 830.2 of the Penal Code, and managerial
positions of the Department of Forestry and Fire Protection in the
classes of State Forest Ranger IV and Assistant Deputy State
Forester, shall be held on an open basis unless the appointing
authority determines otherwise. "Managerial position" means those
positions having the duties which are defined under "managerial
employees" in subdivision (e) of Section 3513. When an open
examination is administered for a noncareer executive assignment
managerial position, the names of the applicants who pass the
examination with a passing score shall be placed on one list and
ranked in the relative order of the examination score received.
Examinations may be assembled or unassembled, written or oral, or
in the form of a demonstration of skill, or any combination of these;
and any investigation of character, personality, education, and
experience and any tests of intelligence, capacity, technical
knowledge, manual skill, or physical fitness which the board deems
are appropriate, may be employed.

18930.5. The board may designate an appointing power to design,
announce, or administer examinations for the establishment of
employment lists in accordance with Section 18654 and board rule. No
later than January 1, 1987, the board shall authorize or assess the
ability of appointing powers to design, announce, or administer
designated examinations for the establishment of employment lists.
The board may audit examinations and order corrective action or
nullify any examination or parts thereof which have been conducted
improperly.
A designated appointing power may contract with the board or
another designated appointing power for the purpose of designing,
publicizing, or administering an examination.

18931. The board shall establish minimum qualifications for
determining the fitness and qualifications of employees for each
class of position; for temporary appointments, and for applicants for
examinations, and for such purposes may require such certificates of
citizens, physicians, public officers, or others having knowledge of
the applicant, as the good of the service may require. It may
require necessary documentary evidence of citizenship, honorable
discharge from the armed forces of the United States, possession of
valid licenses for various purposes, or other evidence of
identification, fitness, and qualification.

18932. The board shall not establish any minimum or maximum age
limits for any civil service examination, except in the cases of
positions involving public health or safety or having the powers and
duties of a peace officer, as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2 of the Penal Code, and for trainee
positions the board may establish minimum and maximum age limits.
The board, for positions involving public safety or having the
powers and duties of a peace officer, shall adopt maximum age
limitations for any civil service examination where it can be
demonstrated that the age limitation in question is a "bona fide
occupational qualification" as provided by the Federal Age
Discrimination in Employment Act of 1967 (29 U.S.C. Secs. 621 et
seq.). The board shall waive those age limits for persons competing
in examinations on a promotional basis.
Any person possessing all the minimum qualifications for any state
position is eligible, regardless of his or her age, to take any
civil service examination given for that position, except as provided
in this section.

18933. Within a reasonable time before the scheduled date, the
board or a designated appointing power shall announce or advertise
examinations for the establishment of eligible lists. Such
announcement shall contain such information as the board deems proper
and information concerning:
(a) The date and place of the examination.
(b) The nature of the minimum qualifications.
(c) The general scope of the examination.
(d) The relative weight of its several parts if more than one type
of test is to be utilized.

18934. Every applicant for examination shall file a formal signed
application in the office of the board or a designated appointing
power within a reasonable length of time before the date of
examination. Blank application forms shall be furnished without
charge to all persons requesting them. Such applications when filed
and all other examination materials, including examination questions
and booklets, are the property of the board and are confidential
records open to inspection only if and as provided by board rule.
The application form shall include a place for listing volunteer
experience and such experience shall be considered if it is relevant
to the position being applied for. Each form shall have prominently
displayed on its face the fact that volunteer experience will be
given consideration as qualifying experience for state employment.

18935. The board may refuse to examine or, after examination, may
refuse to declare as eligible or may withhold or withdraw from
certification, prior to appointment, anyone who comes under any of
the following categories:
(a) Lacks any of the requirements established by the board for the
examination or position for which he or she applies.
(b) At the time of examination has permanent status in a position
of equal or higher class than the examination or position for which
he or she applies.
(c) Is physically or mentally so disabled as to be rendered unfit
to perform the duties of the position to which he or she seeks
appointment.
(d) Is addicted to the use of intoxicating beverages to excess.
(e) Is addicted to the use of controlled substances.
(f) Has been convicted of a felony, or convicted of a misdemeanor
involving moral turpitude.
(g) Has been guilty of infamous or notoriously disgraceful
conduct.
(h) Has been dismissed from any position for any cause which would
be a cause for dismissal from the state service.
(i) Has resigned from any position not in good standing or in
order to avoid dismissal.
(j) Has intentionally attempted to practice any deception or fraud
in his or her application, in his or her examination, or in securing
his or her eligibility.
(k) Has waived appointment three times after certification from
the same employment list.
(l) Has failed to reply within a reasonable time, as specified by
the board, to communications concerning his or her availability for
employment.
(m) Has made himself or herself unavailable for employment by
requesting that his or her name be withheld from certification.
(n) Is, in accordance with board rule, found to be unsuited or not
qualified for employment.
(o) Has engaged in unlawful reprisal or retaliation in violation
of Article 3 (commencing with Section 8547) of Chapter 6.5 of
Division 1, as determined by the board or the court.

18936. The final earned rating of each person competing in any
examination shall be determined by the weighted average of the earned
ratings on all phases of the examination, according to the weights
for each phase established by the board or a designated appointing
power in advance of the giving of the examination and published as a
part of the announcement of the examination.
The board or a designated appointing power may set minimum
qualifying ratings for each phase of an examination and may provide
that competitors failing to achieve such ratings in any phase shall
be disqualified from any further participation in the examination.

18937. The passing mark for an examination may be other than the
true percentage or average published as a part of the announcement of
the examination, if deemed by the board or a designated appointing
power to be justified in order to provide an adequate eligible list
or to adjust for the apparent difficulty of an examination. In
establishing any eligible list or promotional list following an
examination, the names of the persons who have attained the passing
mark in such examination shall be placed on the list in the order of
final earned ratings, except as such order may be modified by the
application of veterans' preferences. When the order of names has
been determined after applying the appropriate veterans' preference
credits, the board may thereafter limit to suit the needs of the
service the number of names to be placed on the employment list.

18938. The board or a designated appointing power may issue
certificates of competence to candidates who are successful in
certain phases of examinations involving a particular knowledge,
ability or skill. For the period named in such a certificate, the
board or a designated appointing power may accept it as evidence of
the candidate's competence in lieu of participation in that phase of
an examination.

18938.5. When the employment list resulting from examination has
been established, each competitor shall be notified in writing of the
results of the examination. For competitors unsuccessful in an oral
examination, the board or a designated appointing power shall, upon
the written request of the competitor, specify the reasons why such
person was unsuccessful.

18938.6. The board shall provide by rule for the inspection of
examination papers for all written test competitors.

18939. For classes of positions for which the board or a designated
appointing power finds it difficult to maintain adequate eligible
lists it may receive applications, conduct examinations, and create
eligible lists continuously. The names of eligibles who took the same
or a comparable examination on different dates may be ranked for
purposes of certification in the order of final earned ratings,
except as the order may be modified by the application of veterans
preferences or career credits, consistent with applicable statutes.
Eligibility from a continuous examination may be deemed to be
established as of the date of examination.

18940. (a) When an examination is scheduled to be given during the
period from sundown on a Friday until sundown on the following day,
and it is the practice of an applicant, based upon his religious
convictions, to observe the Sabbath during such period, and the
applicant therefore objects to taking the examination during such
period, he may elect to avail himself of the procedure provided for
in subdivision (b).
(b) On or before the final date for filing applications for an
examination the applicant shall advise the board or a designated
appointing power of his objections, his desire for the deferred
examination and for surveillance described in subdivision (c), and
his preference between individual and group surveillance. If, in the
opinion of the board or a designated appointing power, the security
of examination material does not require surveillance, the applicant
may be given a deferred examination without surveillance.
(c) An applicant who gives notice to the board or a designated
appointing power in accordance with subdivision (b) unless
surveillance is waived by the board or a designated appointing power
shall be entitled to receive such surveillance by a representative of
the board, either individually or as part of a group, depending on
the facilities of the board or a designated appointing power and the
preference of the applicant, as will render it impossible for the
candidate to learn of the contents of the examination. The
surveillance shall continue from the time of commencement of the
general examination until the commencement of the deferred
examination of the applicant, which deferred examination shall be
given promptly after the close of the Sabbath observed by the
applicant. During the period of surveillance the board or a
designated appointing power may require the presence of the applicant
at such place or places as it deems appropriate, but the applicant
shall be allowed the greatest freedom of movement consistent with the
purposes of this section.

18941. (a) For purposes of this section, "Section 211" means the
board regulation restricting a dismissed employee from taking civil
service examinations, provided for pursuant to Section 211 of Title 2
of the California Code of Regulations.
(b) The board shall do both of the following:
(1) Provide, by rule, for grant of a blanket waiver under Section
211 that will allow a dismissed employee who meets standards to be
determined by the board to apply for any civil service examination,
so that he or she will not need a separate waiver for each
examination.
(2) Prepare a written notice that explains the effect of dismissal
from state employment on eligibility to take civil service
examinations, as stated in Section 211, and the process by which a
dismissed employee can compete in a civil service examination,
including any changes to that process required by this section.