2007 California Government Code Article 9. Career Executive Assignments

CA Codes (gov:19889-19889.4)

19889.  It is the purpose of this article to encourage the
development and effective use in the civil service of well-qualified
and carefully selected executives.  In order to carry out this
purpose the State Personnel Board shall establish by rule a system of
merit personnel administration specifically suited to the selection
and placement of executive personnel.  The department shall be
responsible for salary administration, position classification, and
for the motivation and training of executive personnel.  For the
purpose of administering this system there is established herewith a
category of civil service appointment called "career executive
assignments."  The department shall designate positions of a high
administrative and policy influencing character for inclusion in or
removal from this category subject to review by the State Personnel
Board, except that the department shall not so designate a position
in which there is an incumbent already appointed under the provisions
of this part governing employees other than career executives.




19889.2.  The provisions of this part governing the selection,
classification, and tenure of employees in the regular civil service
shall not apply in administering executive personnel through a merit
system utilizing "career executive assignments" unless the
application is provided by State Personnel Board rule.  The
provisions of this part relating to punitive actions shall apply to
employees serving in career executive assignments, except that
termination of a career  executive assignment as provided for in
Section 19889.3 is not a punitive action.  With reference to
termination of career executive assignments, the State Personnel
Board rules shall, as a minimum, afford an employee a right of appeal
to the State Personnel Board for restoration of his or her
assignment when he or she alleges that his or her termination was for
reasons prohibited in Chapter 10 (commencing with Section 19680) of
Part 2.



19889.3.  Eligibility for appointment to positions in the career
executive assignment category shall be established as a result of
competitive examination of persons with permanent status in the civil
service who meet such minimum qualifications as the State Personnel
Board may determine are requisite to the performance of high
administrative and policy influencing functions.  No person employed
in a career executive assignment shall be deemed to acquire as a
result of such service any rights to or status in positions governed
by the provisions of this part relating to the civil service other
than the category of career executive assignment, except as provided
by State Personnel Board rule.  The State Personnel Board shall
provide by rule that an employee shall, if he or she so desires, at
the termination of his or her appointment to a career executive
assignment, be reinstated to a civil service position that is (a) not
a career executive assignment and (b) that is at least at the same
salary level as the last position that he or she held as a permanent
or probationary employee.  If the employee has completed a minimum of
five years of state service, he or she may return to a position that
is (a) at substantially the same salary level as the last position
in which he or she had permanent or probationary status or (b) at a
salary level that is at least two steps lower than that of the career
executive position from which the employee is being terminated.  For
the purpose of this section "employee" means a permanent employee,
or an employee serving under another appointment who previously had
permanent status and who, since such permanent status, has had no
break in the continuity of his or her state service.



19889.4.  Notwithstanding any other provision of law, any person
who, prior to March 30, 1977, was reinstated to a career executive
assignment position, or appointed to an exempt position, after a
break in service, and who held such position on May 31, 1977, shall
upon termination of such career executive assignment or exempt
position have the right to return to the last regular civil service
position in which the person had permanent status prior to such a
break in service.