2009 California Government Code - Section 19818-19818.21 :: Article 2.5. Personnel Classification Plan

19818.  Subject to Article VII of the California Constitution, 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 the Personnel
Classification Plan.

19818.2.  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 in the performance of
the duties, powers, purposes, responsibilities, and jurisdictions
that are vested in the department by Section 19818.

19818.4.  All officers and employees of the State Personnel Board,
who, on the effective date of this article, 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 19818
shall be transferred to the department.

19818.6.  The department shall administer the Personnel
Classification Plan of the State of California including the
allocation of every position to the appropriate class in the
classification plan. The allocation of a position to a class shall
derive from and be determined by the ascertainment of the duties and
responsibilities of the position and shall be based on the principle
that all positions shall be included in the same class if:
   (a) The positions are sufficiently similar in respect to duties
and responsibilities that the same descriptive title may be used.
   (b) Substantially the same requirements as to education,
experience, knowledge, and ability are demanded of incumbents.
   (c) Substantially the same tests of fitness may be used in
choosing qualified appointees.
   (d) The same schedule of compensation can be made to apply with
equity.

19818.8.  (a) A person shall not be assigned to perform the duties
of any class other than that to which his or her position is
allocated, except as permitted by Section 19050.8.
   (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 those provisions
of the memorandum of understanding require the expenditure of funds,
the provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.

19818.10.  The department shall assess the adequacy of the Personnel
Classification Plan and, as needed, recommend changes in the plan to
the State Personnel Board. The recommendations shall include the
need for the establishment of additional classes or the abolishment
or alteration of existing classes.

19818.12.  Positions in the state service shall be established by
the appointing power as authorized by law subject to budgetary
authorization and the availability of funds. Each appointing power
shall promptly report to the department his or her intention to
establish new positions in order that those positions may be
classified and allocated, and shall so report material changes in the
duties of any position in his or her jurisdiction.

19818.14.  The department may designate an appointing power to
allocate positions to the Personnel Classification Plan in accordance
with Section 19818.6 and department rule. The department may audit
position allocations and order corrective action. Any corrective
action including the reallocation of a position that impacts an
incumbent shall be reported promptly to the State Personnel Board
which shall determine the status of the probationary or permanent
employee affected.

19818.16.  (a) Notwithstanding Sections 905.2, 19818.8, and 19823,
the department shall have the authority to review employee claims for
additional reimbursement for the performance of duties outside the
scope of their present classification and to authorize additional
reimbursement for those duties. The department shall award employee
claims under this section for a period no greater than one year
preceding the filing of a claim.
   (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 those 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.

19818.18.  Upon the allowance of the department of all or part of an
employee claim for additional reimbursement for the performance of
duties outside the scope of their present classification,
certification by the Director of Finance that a sufficient
appropriation exists, the execution and presentation of such
documents as the department may require which discharge the state of
all liability under the claim, and notwithstanding the provisions of
Section 19630, the department shall designate the fund from which the
claim is to be paid and the state agency concerned shall pay the
claim from that fund. Where no sufficient appropriation for the
payment is available, the department shall submit a request to the
Legislature for appropriation of those funds.

19818.20.  (a) Reasonable opportunity to appeal shall be provided by
the department to any employee affected by the allocation or
reallocation of his or her position.
   (b) Notwithstanding subdivision (a), this subdivision shall only
apply to state employees in State Bargaining Unit 5. Reasonable
opportunity to appeal shall be provided by the department to any
employee affected by the allocation of his or her position.

19818.21.  When the Legislature, in the Budget Act, authorizes a
specified number of positions in a specified class in a specified
agency, the department shall approve the allocation of those
positions to classes on the basis of the total responsibilities and
productivity requirements of the job, without placing primary
emphasis on the number of positions subordinate to the positions
authorized.