Bill Text

Bill Information


Bill PDF |Add To My Favorites | print page

AB-1693 Civil service: minimum requirements: education.(2023-2024)

SHARE THIS: share this bill in Facebook share this bill in Twitter
Date Published: 03/23/2023 09:00 PM
AB1693:v98#DOCUMENT

Amended  IN  Assembly  March 23, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1693


Introduced by Assembly Member Bauer-Kahan

February 17, 2023


An act to amend Section 4820 of the Civil Code, relating to common interest developments. An act to amend Section 18931 of the Government Code, relating to employment.


LEGISLATIVE COUNSEL'S DIGEST


AB 1693, as amended, Bauer-Kahan. Common interest developments: association governance. Civil service: minimum requirements: education.
The California Constitution establishes the State Personnel Board (board) and requires the board to, among other things, enforce the civil service statutes, prescribe probationary periods and classifications, adopt rules authorized by statute, and review disciplinary actions. The Constitution also requires the executive officer of the board to administer the civil service statutes under the rules of the board. Existing law establishes the Department of Human Resources and provides that, subject to the requirements of the Constitution, it succeeds to and is vested with the duties, purposes, responsibilities, and jurisdiction exercised by the board as its designee with respect to the board’s administrative and ministerial functions.
Existing law requires the board to establish minimum qualifications for determining the fitness and qualification for each class of position, including education, experience, knowledge, and abilities that each applicant is required to have to be considered eligible for a classification.
This bill would eliminate as a minimum qualification a college degree for all positions that do not require an associated required accreditation unless an agency can justify a college requirement by stating specific duties that necessitate a college degree. If an agency determines that a position requires a college degree, the bill would require that agency to include the specific duties that necessitate a college degree in any advertisements recruiting for that class of position.

The Davis-Stirling Common Interest Development Act defines and regulates common interest developments and requires that the development be managed by an association. Existing law requires, among other things, that if 2 or more associations have consolidated any of their functions, as specified, members of each participating association are entitled to attend and participate in all meetings of the joint association, except as provided, and to have access to records of the consolidated entity.

This bill would make nonsubstantive changes to those provisions.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 18931 of the Government Code is amended to read:

18931.
 (a) The board shall establish minimum qualifications for determining the fitness and qualifications of employees for each class of position, including education, experience, knowledge, and abilities that each applicant is required to have to be considered eligible for a classification. The department may require applicants for examination or appointment to provide documentation as it deems necessary to establish the applicants’ qualifications.
(b) (1) For purposes of setting the minimum education requirement for each class of position, the board shall not require a college degree unless one of the following is established:
(A) The class of position requires an associated accreditation for which a college degree is required.
(B) A state agency can demonstrate that a class of position requires the performance of specific duties that necessitate a college degree.
(2) If an agency establishes a college degree is required under subparagraph (B) for a class of position, that agency shall include the specific duties that necessitate a college degree in all advertisements recruiting for that class of position.

(b)

(c) The department shall develop standards for statements of qualifications used as the examination method in determining the fitness and qualifications of applicants for each class of position, when applicable. The department may require applicants for examination or appointment to provide documentation as it deems necessary to establish the applicants’ qualifications.

(c)

(d) Whenever the law requires that an applicant for a position as a peace officer be screened to ensure that the applicant is free from emotional and mental impairment, the department or the designated appointing authority shall undertake that screening subject to the applicant’s right to appeal to the board.

SECTION 1.Section 4820 of the Civil Code is amended to read:
4820.

Whenever two or more associations have consolidated any of their functions under a joint neighborhood association or similar organization, members of each participating association shall be:

(a)Entitled to attend all meetings of the joint association other than executive sessions.

(b)Given reasonable opportunity for participation in those meetings.

(c)Entitled to the same access to the joint association’s records as they are to the participating association’s records.