2005 California Government Code Sections 18900-18906 Article 1. General

GOVERNMENT CODE
SECTION 18900-18906

18900.  (a) Eligible lists shall be established as a result of free
competitive examinations open to persons who lawfully may be
appointed to any position within the class for which these
examinations are held and who meet the minimum qualifications
requisite to the performance of the duties of that position as
prescribed by the specifications for the class or by board rule.
   (b) Notwithstanding subdivision (a), the board may limit the size
of candidate groups in entry-level and nonpromotional examinations
when doing so would be in the best interest of the state and
effective competition can occur among a smaller number of applicants.
18900.5.  For purposes of this chapter, "designated appointing power"
means an appointing power designated by the executive officer
pursuant to Section 18654.
18901.  (a) The board may remove all names from open and promotional
eligible lists after they have remained thereon for more than one
year from the date of the adoption of the lists that created their
eligibility, and shall remove all names from lists of eligibles not
later than four years after the adoption of the lists that created
their eligibility.
   Whenever an open or a promotional eligible list has fewer than
three names of persons who are willing to accept employment, all
names on the list may be removed even though one year has not elapsed
from the date of the adoption of the list.
   (b) When a list of eligibles becomes exhausted for temporary or
permanent employment before the legal expiration of the list, and a
new list of eligibles for the same class is created by examination to
supply the demands of the service, such new list shall become a part
of the list of eligibles to be certified to the positions covered by
the list.  Those holding places on the prior list shall be given
preference for appointment until such time as the prior list may
automatically expire or all names are removed  therefrom by action of
the board.  When the prior list has expired by reason of limitation
of time, or the names have been removed therefrom by order of the
board, then certification shall be made solely from the latter list.
   (c) The board or a designated appointing power shall include in
the announcement of any examination that the list of eligibles
secured thereby will expire not less than one but less than four
years after the adoption of such list.
   (d) The board or a designated appointing power may make changes in
its records to correct clerical errors both before and after the
announcement of an eligible list; provided, that any changes of rank,
or addition or subtraction of names, made on lists of eligibles
because of clerical errors or reratings, shall not change the date of
the adoption of such lists, nor give to any persons the right to
claim beginning date of eligibility other than the date of the
adoption of the original eligible list that created their
eligibility.
18901.5.  Notwithstanding subdivision (a) of Section 18901, the
board may authorize the retention of eligibles on an employment list
for an indefinite period of time based on the following factors:
   (a) The number of names remaining on the list in relation to the
anticipated number of vacancies.
   (b) The qualifications of the eligibles.
   (c) The gender, ethnic, and disability composition of the
eligibles remaining on the list.
   (d) The lack of unreasonable denial of a competitive opportunity
for potential applicants.
   (e) The availability of alternative appointment options.
   (f) The modifications that have been made in the duties,
responsibilities, and qualifications in the class specifications
since the establishment of the eligible list.
18902.  The board may divide the state into districts and
departments and establish district eligible lists and departmental
eligible lists therefor.  A person on an eligible list or a
departmental eligible list may be included in any other eligible or
departmental eligible list on which he or she indicates a desire to
be placed, when in the judgment of the board the best interests of
the state are served thereby.
18903.  (a) For each class there shall be maintained a general
reemployment list consisting of the names of all persons who have
occupied positions with probationary or permanent status in the class
and who have been legally laid off or demoted in lieu of layoff.
   (b) Within one year from the date of his or her resignation in
good standing, or his or her voluntary demotion, the name of an
employee who had probationary or permanent status may be placed on
the general reemployment list with the consent of the appointing
power and the board.  The general reemployment list may also contain
the names of persons placed thereon by the board in accordance with
other provisions of this part.
18904.  For each class there shall be maintained a separate
departmental reemployment list within a given state agency, which
shall consist of the names of persons on the general reemployment
list but employed in that state agency at the time of separation.
There shall also be maintained a separate subdivisional reemployment
list within a given state agency which shall consist of the names of
persons employed in a subdivision of a state agency at the time of
separation if subdivisions for that state agency have been set up
with the approval of the Department of Personnel Administration for
layoff purposes.
18905.  The order in which names appear on reemployment lists shall
be determined by the relative order of the scores determined as for
layoff in accordance with Section 19997.3 and Department of Personnel
Administration rules.
18906.  Any name, after a period of five consecutive years, shall be
removed from the re-employment lists for the class unless the period
is extended by action of the board.


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