Article 2 - Definitions

California Government Code — §§ 18520-18553

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Added by Stats. 1945, Ch. 123.

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

Amended by Stats. 2013, Ch. 352, Sec. 301. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.

“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.

Added by Stats. 2012, Ch. 360, Sec. 11. (SB 1309) Effective January 1, 2013.

“Department” means the Department of Human Resources.

Amended by Stats. 2012, Ch. 360, Sec. 12. (SB 1309) Effective January 1, 2013.

“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. 1955, Ch. 1227.

“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. 2012, Ch. 360, Sec. 13. (SB 1309) Effective January 1, 2013.

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

Added by Stats. 1945, Ch. 123.

“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. 1989, Ch. 103, Sec. 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. 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.

Amended by Stats. 2018, Ch. 53, Sec. 18. (SB 866) Effective June 27, 2018.

“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 to which the employee satisfies the minimum qualifications and that has substantially the same level of duties, responsibility, and salary as determined by board rule.

Added by Stats. 1945, Ch. 123.

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

Amended by Stats. 2013, Ch. 427, Sec. 6. (AB 1062) Effective January 1, 2014.

“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. 2018, Ch. 53, Sec. 19. (SB 866) Effective June 27, 2018.

“Permanent employee” means an employee who has permanent status. “Permanent status” means the status of an employee who is lawfully retained in his or her position after the successful completion of the probationary period. “Permanent status” also means an employee who is lawfully appointed to his or her position after successful completion of the job examination period under the Limited Examination and Appointment Program.

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

“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. 1982, Ch. 702, Sec. 1.

“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. 1981, Ch. 48, Sec. 1.

“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. 1951, Ch. 862.

“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. 2013, Ch. 427, Sec. 8. (AB 1062) Effective January 1, 2014.

“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.

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

“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.

Amended by Stats. 2013, Ch. 427, Sec. 9. (AB 1062) Effective January 1, 2014.

(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.

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