Code Section Group

Government Code - GOV

TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980]

  ( Title 2 enacted by Stats. 1943, Ch. 134. )

DIVISION 5. PERSONNEL [18000 - 22980]

  ( Division 5 added by Stats. 1945, Ch. 123. )

PART 2. STATE CIVIL SERVICE [18500 - 19799]

  ( Part 2 added by Stats. 1945, Ch. 123. )

CHAPTER 1. General [18500 - 18599]

  ( Chapter 1 added by Stats. 1945, Ch. 123. )

ARTICLE 2. Definitions [18520 - 18552]
  ( Article 2 added by Stats. 1945, Ch. 123. )

18520.
  

Unless the context requires otherwise, the definitions hereinafter set forth govern the construction of this part and the rules adopted hereunder.

(Added by Stats. 1945, Ch. 123.)

18521.
  

“Board” means the agency created by Section 2 of Article VII of the California Constitution and includes the “State Personnel Board” provided in Section 2(a) and the “executive officer” provided in Section 2(c) thereof. The board shall be within the Government Operations Agency.

(Amended by Stats. 2013, Ch. 352, Sec. 301. Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)

18521.5.
  

“Department” means the Department of Human Resources.

(Added by Stats. 2012, Ch. 360, Sec. 11. Effective January 1, 2013.)

18522.
  

“Position” means any office or employment in the “state civil service” as the phrase is defined in Section 1 of Article VII of the Constitution.

“Former position” means either of the following:

(a) A position in the classification to which an employee was last appointed as a probationer, permanent employee, or career executive, under the same appointing power where that position was held, and within a designated geographical, organizational, or functional subdivision of that state agency.

(b) With the concurrence of both the appointing power and the employee, a position in a different classification to which the same appointing power could have assigned such an employee in accordance with this part. However, the former position shall not include positions from which the employee has been separated through disciplinary action, rejected during a probationary period, terminated under Section 19889.3, or terminated, demoted, or transferred in accordance with Section 19253.5; or terminated on a nonpunitive basis under Section 19585.

(Amended by Stats. 2012, Ch. 360, Sec. 12. Effective January 1, 2013.)

18523.
  

“Class” means a group of positions sufficiently similar with respect to duties and responsibilities that the same title may reasonably and fairly be used to designate each position allocated to the class and that substantially the same tests of fitness may be used and that substantially the same minimum qualifications may be required and that the same schedule of compensation may be made to apply with equity.

(Amended by Stats. 1955, Ch. 1227.)

18524.
  

“Appointing authority” or “appointing power” means a person or group having authority to make appointments to positions in the state civil service.

(Amended by Stats. 2012, Ch. 360, Sec. 13. Effective January 1, 2013.)

18525.
  

“Appointment” means the offer to and acceptance by a person of a position in the State civil service in accordance with this part.

(Added by Stats. 1945, Ch. 123.)

18525.1.
  

“Promotion” means the appointment of an employee to a position in a different class with a higher salary range, unless the appointment is by transfer, as defined by subdivision (b) of Section 18525.3.

(Added by Stats. 1989, Ch. 103, Sec. 1.)

18525.2.
  

“Demotion” means the appointment of an employee to a position in a different class with a lower salary range, as provided by Section 19253 if voluntary, by Section 19253.5 if for medical reasons, or by Section 19570 if by adverse action.

(Added by Stats. 1989, Ch. 103, Sec. 2.)

18525.3.
  

“Transfer” means both of the following:

(a) The appointment of an employee to another position in the same class but under another appointing power.

(b) The appointment of an employee to a different class that has substantially the same level of duties, responsibility, and salary as the employee’s current class under the same or another appointing authority.

(Amended by Stats. 2013, Ch. 427, Sec. 5. Effective January 1, 2014.)

18526.
  

“Employee” means a person legally holding a position in the State civil service.

(Added by Stats. 1945, Ch. 123.)

18527.
  

“Probationer” means an employee who has probationary status. “Probationary status” means the status of an employee who has been certified and appointed from an employment list, or has been reinstated after resignation, or has been transferred or demoted but who has not completed the probationary period.

(Amended by Stats. 2013, Ch. 427, Sec. 6. Effective January 1, 2014.)

18528.
  

“Permanent employee” means an employee who has permanent status. “Permanent status” means the status of an employee who is lawfully retained in his position after the completion of the probationary period.

(Amended by Stats. 2013, Ch. 427, Sec. 7. Effective January 1, 2014.)

18529.
  

“Temporary employee” means an employee holding a position under temporary appointment. “Temporary appointment” means an appointment made in the absence of any appropriate employment list permitted by Section 5 of Article VII of the Constitution.

(Amended by Stats. 1985, Ch. 794, Sec. 5.)

18530.
  

“Limited term employee” means an employee whose appointment as a result of reinstatement or certification from an employment list shall not exceed two years, as specified by Section 19080.3.

(Amended by Stats. 1982, Ch. 702, Sec. 1.)

18531.
  

“Emergency employee” means an employee holding a position under emergency appointment. “Emergency appointment” means an appointment made for a period not to exceed 60 working days either during an actual emergency to prevent the stoppage of public business or because of the limited duration of the work.

(Amended by Stats. 1981, Ch. 48, Sec. 1.)

18532.
  

“Eligible list” means a list of persons who have been examined in an open competitive examination and are eligible for certification for a specific class.

“Limited term list” means an eligible list established for use exclusively in making limited term appointments.

(Amended by Stats. 1951, Ch. 862.)

18532.1.
  

“Preferred limited term list” means a list of persons who have served under limited-term appointment and who, in accordance with rule, are granted eligibility for additional limited-term appointments.

(Amended by Stats. 2013, Ch. 427, Sec. 8. Effective January 1, 2014.)

18532.2.
  

“Departmental eligible list” means a list of persons who have been examined in an open competitive examination and who are eligible for certification for a specific class for a particular appointing power.

(Added by Stats. 1982, Ch. 883, Sec. 1.)

18533.
  

(a) “Subdivisional promotional list” means a list of persons eligible for certification for a specific class resulting from a promotional examination for a particular subdivision of a state agency.

(b) “Departmental promotional list” means a list of persons eligible for certification for a specific class resulting from a promotional examination for a particular state agency.

(c) “Multidepartmental promotional list” means a list of persons eligible for certification for a specific class resulting from a promotional examination for a group of state departments.

(d) “Servicewide promotional list” means a list of persons eligible for certification for a specific class resulting from a promotional examination for the entire state service.

(Amended by Stats. 2013, Ch. 427, Sec. 9. Effective January 1, 2014.)

18534.
  

“General reemployment list” means a list established for the reemployment of persons in a particular class in any State agency, irrespective of the State agency in which the persons were previously employed.

(Added by Stats. 1945, Ch. 123.)

18535.
  

“Departmental reemployment list” means a list established for the reemployment of persons in a particular class in a particular State agency.

(Added by Stats. 1945, Ch. 123.)

18536.
  

“Subdivisional reemployment list” means a list established for the reemployment of persons in a particular class in a particular subdivision of a State agency.

(Added by Stats. 1945, Ch. 123.)

18537.
  

“Employment list” means preferred limited-term list, limited-term list, eligible list, departmental eligible list, subdivisional promotional list, departmental promotional list, multidepartmental promotional list, servicewide promotional list, departmental reemployment list, subdivisional reemployment list and general reemployment list.

(Amended by Stats. 1982, Ch. 883, Sec. 2.)

18538.
  

“Part” means this part, Part 2.5 (commencing with Section 19800), and Part 2.6 (commencing with Section 19815) and those portions of Part 1 (commencing with Section 18000) that confer powers or impose duties on the board or the department.

(Amended by Stats. 2012, Ch. 360, Sec. 14. Effective January 1, 2013.)

18540.
  

“Armed forces” means the United States Air Force, Army, Navy, Marine Corps, and Coast Guard.

(Amended by Stats. 2013, Ch. 427, Sec. 11. Effective January 1, 2014.)

18540.1.
  

“National emergency” as used in this part means any period in which the United States is at war prior to the declaration by the Governor of a state military emergency.

(Added by Stats. 1949, Ch. 808.)

18540.2.
  

“State military emergency,” as used in this part, means an emergency declared and terminable by the Governor by proclamation during, but not limited to, such times as the United States is conscripting personnel for service in the armed forces.

(Added by Stats. 1949, Ch. 808.)

18540.3.
  

“Recognized military service” means full-time service by a person in the armed forces during the national emergency or a state military emergency.

(Added by Stats. 1949, Ch. 808.)

18540.4.
  

“Veteran” means: Any person who has served full time in the armed forces in time of national emergency or state military emergency or during any expedition of the armed forces and who has been discharged or released under conditions other than dishonorable.

(Added by Stats. 1949, Ch. 808.)

18541.
  

“Disabled veteran” means any veteran as defined in Section 18540.4 who is currently declared by the United States Veterans Administration to be 10 percent or more disabled as a result of service in the armed forces. Proof of such disability shall be deemed conclusive if it is of record in the United States Veterans Administration.

(Amended by Stats. 1949, Ch. 808.)

18542.
  

“Rehabilitation” as used within this part shall mean a restoration of veterans declared to be 10 per cent or more disabled, either physically or mentally.

(Added by Stats. 1945, Ch. 45.)

18543.
  

“Military leave” means the leave of absence status of a permanent employee or probationer who leaves a position to serve in the armed forces of the United States in time of national emergency or state military emergency and who has the right under statutes relating to reinstatement of persons after military service to return to his position.

(Amended by Stats. 1949, Ch. 808.)

18544.
  

“Duration employment” means an employment during time of war or during an emergency in connection with the national defense, which employment is subject to termination and other conditions as prescribed by Section 19200 and by rules.

(Amended by Stats. 2013, Ch. 427, Sec. 12. Effective January 1, 2014.)

18545.
  

“Duration examination” means an open competitive examination, or promotional examination, held for the express purpose of providing a list of persons available for duration employment. Employment lists resulting from duration examinations can be used only in making appointments for duration employment.

(Amended by Stats. 1955, Ch. 1227.)

18546.
  

“Career executive” means an employee appointed from an employment list established for the express purpose of providing a list of persons who are eligible for career executive assignments, as specified in Article 5 (commencing with Section 18990) of Chapter 4 and Article 9 (commencing with Section 19889) of Chapter 2.5 of Part 2.6, in which examination, selection, classification, salary, tenure, and other conditions of employment may be varied from those prevailing under Chapter 3 (commencing with Section 18800) to Chapter 7 (commencing with Section 19570), inclusive, for other employees in the state civil service.

(Amended by Stats. 2015, Ch. 322, Sec. 5. Effective September 22, 2015.)

18547.
  

“Career executive assignment” means an appointment to a high administrative and policy influencing position within the state civil service in which the incumbent’s primary responsibility is the managing of a major function or the rendering of management advice to top-level administrative authority. Such a position can be established only in the top managerial levels of state service and is typified by broad responsibility for policy implementation and extensive participation in policy evolvement. Assignment by appointment to such a position does not confer any rights or status in the position other than provided in Article 9 (commencing with Section 19889) of Chapter 2.5 of Part 2.6.

(Amended by Stats. 1985, Ch. 794, Sec. 9.)

18550.
  

A “full-time” position or appointment is a position or appointment in which the employee is to work the amount of time required for the employee to be compensated at a full-time rate.

(Added by Stats. 1983, Ch. 387, Sec. 1.)

18551.
  

A “part-time” position or appointment is a position or appointment in which the employee is to work a specific fraction of the full-time work schedule.

(Added by Stats. 1983, Ch. 387, Sec. 2.)

18552.
  

An “intermittent” position or appointment is a position or appointment in which the employee is to work periodically or for a fluctuating portion of the full-time work schedule.

(Added by Stats. 1983, Ch. 387, Sec. 3.)

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