Amended IN Assembly April 05, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2860Introduced by Assembly Member ArambulaFebruary 18, 2022 An act to add Section 19062.1 to the Government Code, relating to public employment. LEGISLATIVE COUNSEL'S DIGESTAB 2860, as amended, Arambula. Civil service: appointments: supervisory positions.Existing law, the State Civil Service Act, creates the Department of Human Resources, which succeeds to and is vested with all of the powers and duties exercised and performed by the Department of Personnel Administration. Existing law specifically grants the department the powers, duties, and authority necessary to operate the state civil service system in accordance with Article VII of the California Constitution, the Government Code, the merit principle, and applicable rules duly adopted by the State Personnel Board. Article VII, among other provisions, exempts specific categories of officers and employees from civil service.Existing law requires vacancies in state civil service positions to be filled in a manner that is consistent with the best interests of the state from among employees holding positions in appropriate classes and requires promotional lists to be established to facilitate this purpose, except in limited cases. Existing law requires the appointing power in all cases not excepted or exempted by virtue of Article VII to fill positions by appointment, including cases of transfers, reinstatements, promotions, and demotions, in strict accordance with the act and, except as provided, to fill vacant positions from employment lists. Existing law permits the use of personal services contracts for purposes of cost savings when specified conditions are met, including when the potential economic advantage of contracting is not outweighed by the publics interest in having a particular function performed directly by the state government.This bill, except as specified, would prohibit filling a vacancy in a position in a facility operated by the State Department of State Hospitals or by the California Department of Corrections and Rehabilitation that includes performing supervision of state civil service employees in specified State Bargaining Units other than by appointment of a permanent full-time civil service employee.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 19062.1 is added to the Government Code, to read:19062.1. Notwithstanding Article 4 (commencing with Section 19130), and except as provided in Section 4 of Article VII of the California Constitution, a vacancy in a position in a facility operated by the State Department of State Hospitals or by the California Department of Corrections and Rehabilitation that includes performing supervision of state civil service employees may in State Bargaining Units 16, 17, 18, 19, or 20 shall be filled only by appointment of a permanent full-time civil service employee.
Amended IN Assembly April 05, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2860Introduced by Assembly Member ArambulaFebruary 18, 2022 An act to add Section 19062.1 to the Government Code, relating to public employment. LEGISLATIVE COUNSEL'S DIGESTAB 2860, as amended, Arambula. Civil service: appointments: supervisory positions.Existing law, the State Civil Service Act, creates the Department of Human Resources, which succeeds to and is vested with all of the powers and duties exercised and performed by the Department of Personnel Administration. Existing law specifically grants the department the powers, duties, and authority necessary to operate the state civil service system in accordance with Article VII of the California Constitution, the Government Code, the merit principle, and applicable rules duly adopted by the State Personnel Board. Article VII, among other provisions, exempts specific categories of officers and employees from civil service.Existing law requires vacancies in state civil service positions to be filled in a manner that is consistent with the best interests of the state from among employees holding positions in appropriate classes and requires promotional lists to be established to facilitate this purpose, except in limited cases. Existing law requires the appointing power in all cases not excepted or exempted by virtue of Article VII to fill positions by appointment, including cases of transfers, reinstatements, promotions, and demotions, in strict accordance with the act and, except as provided, to fill vacant positions from employment lists. Existing law permits the use of personal services contracts for purposes of cost savings when specified conditions are met, including when the potential economic advantage of contracting is not outweighed by the publics interest in having a particular function performed directly by the state government.This bill, except as specified, would prohibit filling a vacancy in a position in a facility operated by the State Department of State Hospitals or by the California Department of Corrections and Rehabilitation that includes performing supervision of state civil service employees in specified State Bargaining Units other than by appointment of a permanent full-time civil service employee.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Assembly April 05, 2022
Amended IN Assembly April 05, 2022
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Assembly Bill
No. 2860
Introduced by Assembly Member ArambulaFebruary 18, 2022
Introduced by Assembly Member Arambula
February 18, 2022
An act to add Section 19062.1 to the Government Code, relating to public employment.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2860, as amended, Arambula. Civil service: appointments: supervisory positions.
Existing law, the State Civil Service Act, creates the Department of Human Resources, which succeeds to and is vested with all of the powers and duties exercised and performed by the Department of Personnel Administration. Existing law specifically grants the department the powers, duties, and authority necessary to operate the state civil service system in accordance with Article VII of the California Constitution, the Government Code, the merit principle, and applicable rules duly adopted by the State Personnel Board. Article VII, among other provisions, exempts specific categories of officers and employees from civil service.Existing law requires vacancies in state civil service positions to be filled in a manner that is consistent with the best interests of the state from among employees holding positions in appropriate classes and requires promotional lists to be established to facilitate this purpose, except in limited cases. Existing law requires the appointing power in all cases not excepted or exempted by virtue of Article VII to fill positions by appointment, including cases of transfers, reinstatements, promotions, and demotions, in strict accordance with the act and, except as provided, to fill vacant positions from employment lists. Existing law permits the use of personal services contracts for purposes of cost savings when specified conditions are met, including when the potential economic advantage of contracting is not outweighed by the publics interest in having a particular function performed directly by the state government.This bill, except as specified, would prohibit filling a vacancy in a position in a facility operated by the State Department of State Hospitals or by the California Department of Corrections and Rehabilitation that includes performing supervision of state civil service employees in specified State Bargaining Units other than by appointment of a permanent full-time civil service employee.
Existing law, the State Civil Service Act, creates the Department of Human Resources, which succeeds to and is vested with all of the powers and duties exercised and performed by the Department of Personnel Administration. Existing law specifically grants the department the powers, duties, and authority necessary to operate the state civil service system in accordance with Article VII of the California Constitution, the Government Code, the merit principle, and applicable rules duly adopted by the State Personnel Board. Article VII, among other provisions, exempts specific categories of officers and employees from civil service.
Existing law requires vacancies in state civil service positions to be filled in a manner that is consistent with the best interests of the state from among employees holding positions in appropriate classes and requires promotional lists to be established to facilitate this purpose, except in limited cases. Existing law requires the appointing power in all cases not excepted or exempted by virtue of Article VII to fill positions by appointment, including cases of transfers, reinstatements, promotions, and demotions, in strict accordance with the act and, except as provided, to fill vacant positions from employment lists. Existing law permits the use of personal services contracts for purposes of cost savings when specified conditions are met, including when the potential economic advantage of contracting is not outweighed by the publics interest in having a particular function performed directly by the state government.
This bill, except as specified, would prohibit filling a vacancy in a position in a facility operated by the State Department of State Hospitals or by the California Department of Corrections and Rehabilitation that includes performing supervision of state civil service employees in specified State Bargaining Units other than by appointment of a permanent full-time civil service employee.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 19062.1 is added to the Government Code, to read:19062.1. Notwithstanding Article 4 (commencing with Section 19130), and except as provided in Section 4 of Article VII of the California Constitution, a vacancy in a position in a facility operated by the State Department of State Hospitals or by the California Department of Corrections and Rehabilitation that includes performing supervision of state civil service employees may in State Bargaining Units 16, 17, 18, 19, or 20 shall be filled only by appointment of a permanent full-time civil service employee.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 19062.1 is added to the Government Code, to read:19062.1. Notwithstanding Article 4 (commencing with Section 19130), and except as provided in Section 4 of Article VII of the California Constitution, a vacancy in a position in a facility operated by the State Department of State Hospitals or by the California Department of Corrections and Rehabilitation that includes performing supervision of state civil service employees may in State Bargaining Units 16, 17, 18, 19, or 20 shall be filled only by appointment of a permanent full-time civil service employee.
SECTION 1. Section 19062.1 is added to the Government Code, to read:
### SECTION 1.
19062.1. Notwithstanding Article 4 (commencing with Section 19130), and except as provided in Section 4 of Article VII of the California Constitution, a vacancy in a position in a facility operated by the State Department of State Hospitals or by the California Department of Corrections and Rehabilitation that includes performing supervision of state civil service employees may in State Bargaining Units 16, 17, 18, 19, or 20 shall be filled only by appointment of a permanent full-time civil service employee.
19062.1. Notwithstanding Article 4 (commencing with Section 19130), and except as provided in Section 4 of Article VII of the California Constitution, a vacancy in a position in a facility operated by the State Department of State Hospitals or by the California Department of Corrections and Rehabilitation that includes performing supervision of state civil service employees may in State Bargaining Units 16, 17, 18, 19, or 20 shall be filled only by appointment of a permanent full-time civil service employee.
19062.1. Notwithstanding Article 4 (commencing with Section 19130), and except as provided in Section 4 of Article VII of the California Constitution, a vacancy in a position in a facility operated by the State Department of State Hospitals or by the California Department of Corrections and Rehabilitation that includes performing supervision of state civil service employees may in State Bargaining Units 16, 17, 18, 19, or 20 shall be filled only by appointment of a permanent full-time civil service employee.
19062.1. Notwithstanding Article 4 (commencing with Section 19130), and except as provided in Section 4 of Article VII of the California Constitution, a vacancy in a position in a facility operated by the State Department of State Hospitals or by the California Department of Corrections and Rehabilitation that includes performing supervision of state civil service employees may in State Bargaining Units 16, 17, 18, 19, or 20 shall be filled only by appointment of a permanent full-time civil service employee.