2007 California Government Code Article 2. Powers And Duties

CA Codes (gov:19816-19816.22)

GOVERNMENT CODE
SECTION 19816-19816.22



19816.  (a) Except as provided by Section 19816.2, the department
succeeds to and is vested with the duties, purposes,
responsibilities, and jurisdiction exercised by the State Personnel
Board with respect to the administration of salaries, hours, and
other personnel-related matters, training, performance evaluations,
and layoffs and grievances.
   (b) The department succeeds to and is vested with the duties,
purposes, responsibilities, and jurisdiction exercised by the
California Victim Compensation and Government Claims Board and the
Department of General Services with respect to the administration of
miscellaneous employee entitlements.
   (c) The department succeeds to and is vested with the duties,
purposes, responsibilities, and jurisdiction exercised by the
Department of Finance with respect to the administration of salaries
of employees exempt from civil service and within range salary
adjustments.


19816.2.  Notwithstanding any other provision of this part,
regulations and other provisions pertaining to the layoff or demotion
in lieu of layoff of civil service employees that are established or
agreed to by the department shall be subject to review by the State
Personnel Board for consistency with merit employment principles as
provided for by Article VII of the California Constitution.



19816.4.  The department shall have possession and control of all
records, papers, offices, equipment, supplies, moneys, funds,
appropriations, land, and other property real or personal held for
the benefit or use by the State Personnel Board, the California
Victim Compensation and Government Claims Board, the Department of
General Services, and the Department of Finance in the performance of
the duties, powers, purposes, responsibilities, and jurisdiction
that are vested in the department by Section 19816.



19816.6.  All officers and employees of the State Personnel Board,
the California Victim Compensation and Government Claims Board, the
Department of General Services, and the Department of Finance, who,
on the operative date of this part, are serving in the state civil
service, other than as temporary employees, and engaged in the
performance of a function vested in the department by Section 19816
shall be transferred to the department. The status, positions, and
rights of these persons shall not be affected by the transfer and
shall be retained by them as officers and employees of the department
pursuant to the State Civil Service Act, except as to positions
exempt from civil service.



19816.8.  The department may expend, in accordance with law, all
moneys made available for its use or for the administration of any
statute administered by it.



19816.10.  (a) In order to secure substantial justice and equality
among employees in the state civil service, the department may
provide by rule for days, hours and conditions of work, taking into
consideration the varying needs and requirements of the different
state agencies and the prevailing practices for comparable services
in other public employment and in private business.
   (b) 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 such 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.



19816.12.  The department shall establish and maintain in suitable
form an official roster of all persons holding positions under this
part and enter thereupon their names, complete record of state
employment, and other facts prescribed by board rule.




19816.14.  The department, with the concurrence of the Department of
Finance, shall provide for such audit and certification of payrolls
as it deems necessary to insure that all persons in the state civil
service, for whom claim for payment of salaries or compensation is
made on the Controller, are holding positions as provided by law.




19816.16.  The department shall implement the State Employee
Assistance Program established by Executive Order B96-82 and may
enter into one or more contracts to provide problem assessment and
referral services.  If the department enters into one or more
contracts, the Controller shall transfer from the operating budgets
of departments participating in the contract to the State Payroll
Revolving Fund, an amount sufficient to fund each department's per
capita cost, including state administrative fees.  The Controller
shall pay the contractor or contractors pursuant to the master
payment schedule and monthly certification from the department.




19816.17.  The department may enter into contracts for the provision
of legally authorized employee benefits not requiring voluntary
participation or payroll deductions.  Where these contracts are made,
the Controller shall transfer from the operating budgets of the
departments participating in the contract to the State Payroll
Revolving Fund, an amount sufficient to fund each department's per
capita cost.  The Controller shall pay the contractor or contractors
pursuant to the master payment schedule and the certification from
the department.


19816.18.  (a) The department may either self-fund or self-insure
any benefit program under its administration when it is
cost-effective to do so.  The department may administer the
self-funded or self-insured benefit program directly or may contract
with a third party administrator.  The Treasurer, Controller, and the
Department of Finance shall assist the department to ensure that the
appropriate fiscal and administrative procedures are established.
These procedures shall include, but not be limited to, processes,
fund accounts, and transfers from each department's operating budget,
including a pro rata share of the cost of administration.
   (b) Funds appropriated for self-funded or self-insured benefit
programs established pursuant to this section shall be maintained in
the State Employees' Self-Funded Benefit Fund, which is hereby
created in the State Treasury.  Moneys in this fund shall be used by
the department to make benefit payments and pay related
administrative costs.  Income of whatever nature earned on the moneys
in the State Employees' Self-Funded Benefit Fund during any fiscal
year shall be credited to the fund.  The Controller and the
Department of Finance may establish individual accounts within the
fund, as deemed appropriate, for individual self-funded or
self-insured benefit programs.  Notwithstanding Section 13340, moneys
in this fund and accounts within the fund that are used to pay
benefits for a self-funded or self-insured program established
pursuant to this section are continuously appropriated, without
regard to fiscal years.


19816.20.  Notwithstanding Section 18717, this section shall apply
to state employees in state bargaining units that have agreed to
these provisions in a memorandum of understanding between the state
employer and the recognized employee organization, as defined in
Section 3513, state employees who are excluded from the definition of
"state employee" in paragraph (c) of Section 3513, and officers or
employees of the executive branch of state government who are not
members of the civil service.
   (a) The department shall determine which classes or positions meet
the elements of the criteria for the state safety category of
membership in the Public Employees' Retirement System.  An employee
organization or employing agency requesting a determination from the
department shall provide the department with information and written
argument supporting the request.
   (b) The department may use the determination findings in
subsequent negotiations with the exclusive representatives.
   (c) The department shall not approve safety membership for any
class or position that has not been determined to meet all of the
following criteria:
   (1) In addition to the defined scope of duties assigned to the
class or position, the member's ongoing responsibility includes:
   (A) The protection and safeguarding of the public and of property.

   (B) The control or supervision of, or a regular, substantial
contact with one of the following:
   (i) Inmates or youthful offenders in adult or youth correctional
facilities.
   (ii) Patients in state mental facilities that house Penal Code
offenders.
   (iii) Clients charged with a felony who are in a locked and
controlled treatment facility of a developmental center.
   (2) The conditions of employment require that the member be
capable of responding to emergency situations and provide a level of
service to the public such that the safety of the public and of
property is not jeopardized.
   (d) For classes or positions that are found to meet this criteria,
the department may agree to provide safety membership by a
memorandum of understanding reached pursuant to Section 3517.5 if the
affected employees are subject to collective bargaining, or by
departmental approval for state employees who are either excluded
from the definition of "state employee" in subdivision (c) of Section
3513 or are officers or employees of the executive branch of state
government who are not members of the civil service.  The department
shall notify the retirement system of its determination, as
prescribed in Section 20405.1.
   (e) The department shall provide the Legislature an annual report
that lists the classes or positions which were found to be eligible
for safety membership under this section.



19816.21.  (a) Notwithstanding Sections 18717 and 19816.20,
effective July 1, 2004, the following officers and employees, who are
in the following classifications or positions on or after July 1,
2004, shall be state safety members of the Public Employees'
Retirement System:
   (1) State employees in State Bargaining Unit 7 (Protective
Services and Public Services) whose job classifications are subject
to state miscellaneous membership in the Public Employees' Retirement
System, unless otherwise excluded by a memorandum of understanding.

   (2) State employees in managerial, supervisory, or confidential
positions that are related to the job classifications described in
paragraph (1) and that are subject to state miscellaneous membership
in the Public Employees' Retirement System, provided that the
Department of Personnel Administration has approved their inclusion.

   (3) Officers and employees of the executive branch of state
government who are not members of the civil service and who are in
positions that are related to the job classifications described in
paragraph (1) and that are subject to state miscellaneous membership
in the Public Employees' Retirement System, provided that the
Department of Personnel Administration has approved their inclusion.

   (b) The department shall notify the Public Employees' Retirement
System of the classes or positions that become subject to state
safety membership under this section, as prescribed in Section
20405.1.


19816.22.  (a) It is the intent of the Legislature in providing
funds for the Human Resources Modernization Project, within the
Department of Personnel Administration's budget, to provide every
state agency with the tools necessary to recruit and retain its
personnel. The Human Resources Modernization Project integrates the
competencies, skills, and abilities of each employee across all human
resource programs. State agencies will use the services developed by
the Human Resources Modernization Project to recruit, assess,
select, and develop their personnel, as well as to plan for the
future, with performance management and succession applications.
   (b) Authority is hereby granted, to the extent otherwise permitted
by law, to the Department of Personnel Administration to assess
special funds, bond funds, and nongovernmental cost funds in
sufficient amounts to support the cost of the Human Resources
Modernization Project described in subdivision (a). The Director of
Finance shall determine the amount of the total assessment for each
fund periodically. Upon order of the Director of the Department of
Finance, the moneys authorized pursuant to this act shall be
transferred by the Controller, as needed, from each fund for a total
amount not to exceed the amounts authorized in the annual Budget Act.

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