SECTIONS 19889-19889.4 - California Statutes

GOVERNMENT CODE

SECTION 19889-19889.4

19889. It is the purpose of this article to encourage the
development and effective use in the civil service of well-qualified
and carefully selected executives. In order to carry out this purpose
the State Personnel Board shall establish by rule a system of merit
personnel administration specifically suited to the selection and
placement of executive personnel. The department shall be responsible
for salary administration, position classification, and for the
motivation and training of executive personnel. For the purpose of
administering this system there is established herewith a category of
civil service appointment called "career executive assignments." The
department shall designate positions of a high administrative and
policy influencing character for inclusion in or removal from this
category subject to review by the State Personnel Board, except that
the department shall not so designate a position in which there is an
incumbent already appointed under the provisions of this part
governing employees other than career executives.

19889.2. The provisions of this part governing the selection,
classification, and tenure of employees in the regular civil service
shall not apply in administering executive personnel through a merit
system utilizing "career executive assignments" unless the
application is provided by State Personnel Board rule. The provisions
of this part relating to punitive actions shall apply to employees
serving in career executive assignments, except that termination of a
career executive assignment as provided for in Section 19889.3 is
not a punitive action. With reference to termination of career
executive assignments, the State Personnel Board rules shall, as a
minimum, afford an employee a right of appeal to the State Personnel
Board for restoration of his or her assignment when he or she alleges
that his or her termination was for reasons prohibited in Chapter 10
(commencing with Section 19680) of Part 2.

19889.3. (a) Eligibility for appointment to positions in the career
executive assignment category shall be established as a result of
competitive examination of the following persons who meet such
minimum qualifications as the State Personnel Board may determine are
requisite to the performance of high administrative and policy
influencing functions:
(1) Persons with permanent status, or who previously had permanent
status, in the civil service.
(2) Persons employed by the Legislature for two or more
consecutive years, as described in Section 18990.
(3) Persons holding, for two or more consecutive years, nonelected
exempt positions in the executive branch, as described in Section
18992.
(b) No person employed in a career executive assignment shall be
deemed to acquire as a result of such service any rights to or status
in positions governed by the provisions of this part relating to the
civil service other than the category of career executive
assignment, except as provided by State Personnel Board rule.
(c) The State Personnel Board shall provide by rule that an
employee shall, if he or she so desires, at the termination of his or
her appointment to a career executive assignment, be reinstated to a
civil service position that is (1) not a career executive assignment
and (2) that is at least at the same salary level as the last
position that he or she held as a permanent or probationary employee.
If the employee has completed a minimum of five years of state
service, he or she may return to a position that is (1) at
substantially the same salary level as the last position in which he
or she had permanent or probationary status or (2) at a salary level
that is at least two steps lower than that of the career executive
position from which the employee is being terminated.
(d) A state entity that employs a person described in subdivision
(a) in a career executive assignment shall notify the Controller of
this person's employment status and the Controller shall forward this
information to the board.
(e) For the purpose of this section, "employee" means a permanent
employee, or an employee serving under another appointment who
previously had permanent status and who, since such permanent status,
has had no break in the continuity of his or her state service.
(f) 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.

19889.3. (a) Eligibility for appointment to positions in the career
executive assignment category shall be established as a result of
competitive examination of persons with permanent status in the civil
service who meet such minimum qualifications as the State Personnel
Board may determine are requisite to the performance of high
administrative and policy influencing functions.
(b) No person employed in a career executive assignment shall be
deemed to acquire as a result of such service any rights to or status
in positions governed by the provisions of this part relating to the
civil service other than the category of career executive
assignment, except as provided by State Personnel Board rule.
(c) The State Personnel Board shall provide by rule that an
employee shall, if he or she so desires, at the termination of his or
her appointment to a career executive assignment, be reinstated to a
civil service position that is (1) not a career executive assignment
and (2) that is at least at the same salary level as the last
position that he or she held as a permanent or probationary employee.
If the employee has completed a minimum of five years of state
service, he or she may return to a position that is (1) at
substantially the same salary level as the last position in which he
or she had permanent or probationary status or (2) at a salary level
that is at least two steps lower than that of the career executive
position from which the employee is being terminated.
(d) For the purpose of this section "employee" means a permanent
employee, or an employee serving under another appointment who
previously had permanent status and who, since such permanent status,
has had no break in the continuity of his or her state service.
(e) This section shall become operative on January 1, 2013.

19889.4. Notwithstanding any other provision of law, any person
who, prior to March 30, 1977, was reinstated to a career executive
assignment position, or appointed to an exempt position, after a
break in service, and who held such position on May 31, 1977, shall
upon termination of such career executive assignment or exempt
position have the right to return to the last regular civil service
position in which the person had permanent status prior to such a
break in service.