SECTIONS 19800-19810 - California Statutes

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.