2009 California Government Code - Section 19063-19063.8 :: Article 1.5. Appointments: Priority Consideration

19063.  (a) Any person receiving state public assistance under the
CalWORKs program (Article 3.2 (commencing with Section 11320) of
Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions
Code) who meets the minimum qualifications for any civil service
position described by the State Personnel Board as a seasonal or an
entry level nontesting class that does not require an examination
shall be given priority consideration. "Priority consideration"
means, for the purposes of this article, that after consideration has
been made for all conditions described in this section, the state
agency involved shall hire all qualified job applicants who are
receiving state public assistance before hiring any other applicant.
The board shall review all nontesting classes and determine those
that are subject to this article.
   (b) Public assistance recipients who apply for openings under this
article shall be required to undergo the same employment process
used by state agencies to select any other person for appointment to
a position in such a class. If a state agency does not select a
public assistance recipient to fill an opening, it shall document in
its employment records the reasons why the public assistance
recipient was not selected and any other information determined to be
necessary by the board.
   (c) The employment of public assistance recipients shall be
consistent with the goals established by each agency under Section
19790.
   (d) This section shall not preclude a state agency from hiring any
person appointed during the prior 12 months in the class for which
the vacancy exists.

19063.1.  Each state agency that intends to establish qualified
hiring pools, as defined by the State Personnel Board, for seasonal
or entry level nontesting class employment shall notify the
Employment Development Department or its delegate in the area where
the openings are expected to occur at least 45 calendar days prior to
the establishment of the pool. The state agency shall request
referrals of public assistance recipients and at the same time shall
provide necessary job-related information.

19063.2.  Each state agency that has an open seasonal or entry level
nontesting class position, but does not have a qualified hiring
pool, shall notify the Employment Development Department or its
delegate in the area where the job is located of the opening no later
than five working days after the vacancy occurs. The state agency
shall request referrals of public assistance recipients and at the
same time shall provide necessary job-related information. The agency
shall provide a reasonable period for referrals, but not less than
10 working days.

19063.3.  This article may be waived by the Governor, if requested
to do so by the state agency involved, in order to address an
emergency which threatens the public health or safety, the state's
natural resources, or the economy. If an emergency waiver is granted,
notification including reasons for the waiver shall be forwarded to
the Joint Legislative Budget Committee within five working days.

19063.4.  If no public assistance recipient applies for a opening
within the time limits established by this article, the state agency
may fill the opening with a person not receiving public assistance.
In the event a person not receiving public assistance is hired, the
state agency shall place a certification in its employment records
stating the date it contacted the Employment Development Department
or its designate, the name of the person contacted, the date the
position was filled, and any other information determined to be
necessary by the State Personnel Board.

19063.5.  Notwithstanding any other provision of law, participation
in a seasonal or entry level nontesting class vacancy by a public
assistance recipient shall be voluntary only, and in no event shall
any person be subject to sanctions, through loss of benefits or
eligibility, for not applying for, accepting, or continuing in such a
position. All notices shall explain the voluntary nature of the
application to work in a seasonal or entry level nontesting class
opening, the job requirements, the amount of pay, and the job
qualifications. All notices, shall also inform public assistance
recipients that they will have priority in being hired for jobs in
these openings as provided in Section 19063.

19063.8.  Any seasonal or entry level nontesting classifications
specifically designed to support a program to train students, as
determined by the board, to the extent that they are authorized as of
the effective date of this article, shall be exempt from this
article. However, state agencies shall be encouraged by the board to
increase their efforts to recruit disadvantaged youth or students for
these jobs.