SECTIONS 71640-71645 - California Statutes

GOVERNMENT CODE

SECTION 71640-71645

71640. (a) As of the implementation date of this chapter, each
trial court shall establish a trial court employment selection and
advancement system which shall become the minimum selection and
advancement system for all trial court employees and shall become
part of the sole trial court employee personnel system. The trial
court employment selection and advancement system shall replace any
county employment selection and advancement systems applying to trial
court employees prior to the implementation date as provided in this
article, except as otherwise specified in this article. This article
establishes minimum standards, and each trial court employment
selection and advancement system shall, at a minimum, conform to the
requirements of this article.
(b) Until such time as a trial court establishes a trial court
employment selection and advancement system as provided in this
article, the minimum standards required pursuant to this article
shall be the trial court employment selection and advancement system.

71641. Each trial court shall develop personnel rules regarding
hiring, promotion, transfer, and classification. Trial courts shall
meet and confer in good faith with representatives of the recognized
employee organizations on those rules that cover matters within the
scope of representation. However, nothing in this article is intended
to expand the definition of matters within the scope of
representation, as defined in Section 71634.

71642. Hiring and promotion within a trial court shall be done in a
nondiscriminatory manner based on job-related factors. Trial court
personnel rules shall meet the following minimum standards:
(a) Recruiting, selecting, transferring, and advancing employees
shall be on the basis of their relative ability, knowledge, and
skills. Initial appointment shall be through an open, competitive
process. Preference shall be given to internal candidates.
(b) Formal job-related selection processes are required when
filling positions.
(c) Each trial court shall have an equal employment opportunity
policy applying to all applicants and employees in accordance with
applicable state and federal law.

71643. (a) The following positions are excluded from the
competitive selection and promotion processes required by Section
71642:
(1) Subordinate judicial officers.
(2) Managerial, confidential, temporary, and limited-term
positions in accordance with a trial court's personnel policies,
procedures, or plans, subject to meet and confer in good faith.
(b) If managerial, confidential, temporary, and limited-term
positions are defined for the purposes of competitive selection and
promotion processes within a trial court as of the implementation
date of this chapter, then that definition shall be maintained for
those purposes until changed subject to meet and confer in good
faith. If managerial, confidential, temporary, and limited-term
positions are not defined for the purposes of competitive selection
and promotion processes within a trial court as of the implementation
date of this chapter, then the adoption of any such definition by
the trial court shall be subject to meet and confer in good faith.
(c) The exclusion of managerial, confidential, temporary, and
limited term positions from required competitive selection and
promotion processes shall not affect the employees' right to
representation.
(d) Permanent or regular employees who assume limited term
appointments or assignments to other positions or classes shall
retain their permanent or regular status during and upon expiration
of the limited term appointment or assignment.

71644. Disputes between a trial court and its employees regarding
the alleged misapplication, misinterpretation, or violation of the
trial court's rules enacted pursuant to Sections 71641 and 71642
governing hiring, promotion, transfer, and classification shall be
resolved by binding arbitration.

71645. (a) On and after the implementation date of this chapter,
this article shall become the employment, selection, and advancement
system for all trial court employees within a trial court and shall
become part of the sole trial court employee system, replacing any
aspects of county employment, selection, and advancement systems
applying to trial court employees prior to the implementation date of
this chapter.
(b) Except as provided in subdivision (c), the implementation date
of this chapter for each trial court shall be the effective date of
this chapter.
(c) The representatives of the trial court and representatives of
recognized employee organizations may mutually agree to a different
implementation date.
If the provisions in this article are governed by an existing
memorandum of understanding or agreement covering trial court
employees, as to such provisions, the implementation date shall be
either the date a successor memorandum of understanding or agreement
is effective or, if no agreement for a successor memorandum of
understanding or agreement is reached, 90 days from the date of the
expiration of the predecessor memorandum of understanding or
agreement, unless representatives of the trial court and
representatives of recognized employee organizations mutually agree
otherwise.