2007 California Government Code Article 1. General

CA Codes (gov:19815-19815.8)

19815.  As used in this part:
   (a) "Department" means the Department of Personnel Administration.

   (b) "Director" means the Director of the Department of Personnel
Administration.
   (c) "Division" means the Division of Labor Relations.
   (d) "Employee" or "state employee," except where otherwise
indicated, means employees subject to the Ralph C. Dills Act (Chapter
10.3 (commencing with Section 3512), Division 4, Title 1),
supervisory employees as defined in subdivision (g) of Section 3513,
managerial employees as defined in subdivision (e) of Section 3513,
confidential employees as defined in subdivision (f) of Section 3513,
employees of the Legislative Counsel Bureau, employees of the Bureau
of State Audits, employees of the office of the Inspector General,
employees of the Public Employment Relations Board, conciliators
employed by the State Conciliation Service within the Department of
Industrial Relations, employees of the Department of Personnel
Administration, professional employees of the Department of Finance
engaged in technical or analytical state budget preparation other
than audit staff, intermittent athletic inspectors who are employees
of the State Athletic Commission, professional employees in the
Personnel/Payroll Services Division of the Controller's office and
all employees of the executive branch of government who are not
elected to office.



19815.2.  There is hereby created the Department of Personnel
Administration, for the purposes of managing the nonmerit aspects of
the state's personnel system.



19815.3.  With the consent of the Senate, the Governor shall
appoint, to serve at his pleasure, an executive officer who shall be
director of the department.  The director shall be appointed wholly
on the basis of training, demonstrated ability, experience, and
leadership in personnel administration and labor relations.  The
director shall receive the salary provided for by Chapter 6
(commencing with Section 11550) of Part 1 of Division 3 of Title 2.
In addition thereto, the Governor shall appoint a deputy director and
a chief counsel for the department.  Both appointments shall be
subject to confirmation by the Senate.



19815.4.  The director shall do all of the following:
   (a) Be responsible for the management of the department.
   (b) Administer and enforce the laws pertaining to personnel.
   (c) Observe and report to the Governor on the conditions of the
nonmerit aspects of personnel.
   (d) Formulate, adopt, amend, or repeal rules, regulations, and
general policies affecting the purposes, responsibilities, and
jurisdiction of the department and that are consistent with the law
and necessary for personnel administration.
   All regulations relating to personnel administration heretofore
adopted pursuant to this part by the State Personnel Board,
California Victim Compensation and Government Claims Board,
Department of General Services, and the Department of Finance, and in
effect on the operative date of this part, shall remain in effect
and shall be fully enforceable unless and until readopted, amended,
or repealed by the director.
   (e) Hold hearings, subpoena witnesses, administer oaths, and
conduct investigations concerning all matters relating to the
department's jurisdiction.
   (f) Act on behalf of the department and delegate powers to any
authorized representative.
   (g) Serve as the Governor's designated representative pursuant to
Section 3517.
   (h) Perform any other duties that may be prescribed by law, and
any other administrative and executive duties that have by other
provisions of law been previously imposed.



19815.41.  (a) Notwithstanding subdivision (e) of Section 19815.4,
this section shall apply to state employees in State Bargaining Unit
5, 6, or 8.
   (b) The director shall hold nonmerit statutory appeal hearings,
subpoena witnesses, administer oaths, and conduct investigations in
accordance with Department of Personnel Administration Rule 599.859
(b)(2).
   (c) The director may, at his or her discretion, hold hearings,
subpoena witnesses, administer oaths, or conduct investigations or
appeals concerning other matters relating to the department's
jurisdiction.
   (d) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if the provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.



19815.5.  Subject to the State Civil Service Act, the director shall
appoint such other assistants and other employees as are necessary
for the administration of the affairs of the department and shall
prescribe their duties.


19815.6.  (a) Notwithstanding the provisions of Sections 11042 and
11043, the chief counsel shall represent the department in all legal
matters in which the department is interested, before any
administrative agency or court of law.
   (b) The department may charge state agencies and departments for
the actual and necessary costs of legal services rendered by the
legal division in unfair practice cases, representation cases, and
requests for injunctive relief arising pursuant to Chapter 10.3
(commencing with Section 3512) of Division 4 of Title 1, in grievance
arbitration cases arising under negotiated memoranda of
understanding, and in all labor law and nonmerit personnel matters in
state and federal courts.
   (c) In grievance arbitration cases arising pursuant to memoranda
of understanding negotiated pursuant to Sections 3517 and 3517.5, the
department may charge state agencies involved for the actual and
necessary costs of arbitration, including the state's share of the
arbitrator's fees, transcription fees, and other related costs.
   (d) The department may charge state agencies for their pro rata
share of the actual and necessary costs of negotiating and
administering memoranda of understanding pursuant to Sections 3517
and 3517.5.


19815.8.  (a) No action or proceeding shall be brought by any person
having or claiming to have a cause of action or complaint or ground
for issuance of any complaint or legal remedy for wrongs or
grievances based on or related to any law administered by the
Department of Personnel Administration unless the action or
proceeding is commenced and served within one year after the cause of
action or complaint or ground for issuance of any writ or legal
remedy first arose.  Such a person shall not be compensated for the
time subsequent to the date when the cause or ground arose unless the
action or proceeding is filed and served within 90 days after the
cause or ground arose.  Where an appeal is taken from a decision of
the department, the cause of action does not arise until the final
decision of the department.
   (b) Process directed to any officer or employee, or the Department
of Personnel Administration, in any action or proceeding arising
under this part, may be served upon the director or chief counsel.