Public Officers and Employees
Section § 1
The civil service in California consists of all state officers and employees unless specified otherwise in the Constitution. Jobs and promotions in the civil service are based on a merit system determined through competitive exams.
Section § 2
This law section establishes a Personnel Board with five members appointed by California's Governor, with Senate approval, for 10-year terms. When a spot opens up before a term ends, a new member fills the rest of that term. A board member can be removed if two-thirds of both Senate and Assembly agree. Every year, the board picks one member to be in charge. They also hire an executive officer, who is part of the civil service but not a board member, and decide their pay.
Section § 3
This law outlines the responsibilities and authority of the board and its executive officer regarding civil service rules. The board enforces civil service laws and, through a majority vote, decides on probationary periods, classifications, and other rules. They also handle reviewing disciplinary actions. Furthermore, the executive officer is responsible for administering these laws following the board's rules.
Section § 4
This law outlines specific groups of officers and employees who are exempt from civil service rules in California. This includes, among others: legislative staff; judicial branch employees; elected officials and their deputies; members of boards and commissions; employees directly appointed by the Governor or Lieutenant Governor; staff of the University of California and the California State Colleges; teaching staff in certain educational institutions; military personnel in service; and certain short-term employees of district agricultural associations. Additionally, there are specific allowances for the Attorney General, Public Utilities Commission, and Legislative Counsel to appoint a small number of deputies or employees.
Section § 5
Section § 6
This law section outlines three key provisions about employment preferences and transitions in civil service. First, it allows the state legislature to give preference to veterans and their surviving spouses. Second, it permits certain individuals in exempt positions to remain in their jobs if those jobs become part of the civil service system due to a constitutional change. Lastly, it ensures that when the state takes over work from local or federal bodies, the existing workers doing that job can qualify to continue in their roles under state civil service, provided they meet established standards.
Section § 7
This section of the law states that if you are holding a well-paying job under the U.S. government or another power, you can't hold a civil office that pays. However, if you are a local officer or postmaster making $500 or less annually, or a member of the militia or armed forces reserve not on active duty for over 30 days a year, these rules about holding a lucrative office do not apply to you. In short, certain government and military roles are exceptions to the rule about holding profitable offices.
Section § 8
This section states that anyone convicted of giving or offering a bribe to get elected or appointed to a government position in California cannot hold such an office. Additionally, laws must be created to prevent people convicted of serious crimes like bribery, perjury, forgery, and misconduct in office from holding office or serving on juries. The section also emphasizes maintaining the integrity of elections by banning improper influences like bribery and undue power.
Section § 9
This law says that if someone or an organization is promoting the overthrow of the U.S. or California government by illegal means, or supports foreign governments in conflict with the U.S., they can't hold public jobs or receive tax exemptions in California. The law applies to various public institutions and agencies. Furthermore, the state legislature is responsible for creating laws to enforce this rule.
Section § 10
If a person is found liable in a civil court for making false, damaging statements about an opponent during an election campaign, they cannot keep the office they won if those statements contributed significantly to their opponent's loss. These statements could be something the person said or endorsed. If found guilty, they must give up the seat, causing a vacancy that will be filled according to existing laws for that position.
The court must decide if the false statements were a big reason for the opponent's loss, and this must be documented as part of the judgment. Once the legal appeal process is over, the person loses the right to the office immediately. This applies to statements made after the law took effect.
Section § 11
This section outlines rules for retirement allowances for members of California's Legislators' and Judges' Retirement Systems, affecting those first taking office after January 1, 1987. It limits the retirement benefit to not exceed either the current salary of the position they retired from or the highest salary they earned while in that position. This applies to both the retirees and their beneficiaries. The Legislature retains the ability to further clarify the terms. Additionally, if any part of this law is found invalid, it does not affect other sections that can be separately enforced.