DATE:	June 28, 2016

TO:	ALL INTERESTED PARTIES
/s/ SUZANNE M. AMBROSE FROM:	Suzanne M. Ambrose
Executive Officer

SUBJECT:	NOTICE OF PROPOSED REGULATIONS

Notice is hereby given that the State Personnel Board (Board) proposes to adopt the regulatory changes described below. The Board will consider any and all comments, objections, or recommendations that may be submitted regarding this proposed action.

PUBLIC HEARING

A public hearing regarding the proposed regulatory action will be held on August 24,
2016, at 10:00 a.m. in Room 150 at 801 Capitol Mall, Sacramento, California.

WRITTEN COMMENT PERIOD

Any interested party, or his or her duly authorized representative, may submit written comments relevant to the proposed regulatory action to the contact person listed below.

Jeanne R. Wolfe
Senior Attorney
State Personnel Board
801 Capitol Mall, MS 53
Sacramento, CA 95814
Fax: (916) 653-1280
Email: jeanne.wolfe@spb.ca.gov

The written comment period closes on August 22, 2016, at 5:00 p.m. Only written comments received by that time shall be reviewed and considered by the Board before it adopts, amends, or repeals a regulation.

AUTHORITY AND REFERENCE

The Board proposes to adopt the proposed action under the authority granted by the
California Constitu ion, article VII, sections 3 and 5, and Government Code sections
18502, 18660, 18701, 18804, 19240, and 19241 in order to implement, interpret, and make specific the provisions of the California Constitution, article VII, section 5, and Government Code sections 18500, 18523, 18525.3, 18702, 18800, 18802, 18900,
18903, 18930, 18931, 18932, 18933, 18934, 18936, 18937, 18951, 19050, 19050.3,
19050.5, 19818.6, 19818.14, 19889, 19889.2, and 19889.3.

INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW

A. Summary of Existing Laws and Regulations Related to the Proposed Action

The Board is a constitutional body responsible for enforcing California's civil service statutes. (Cal. Const., art. VII, § 3.) In addition, the Board, by majority vote of all its members, prescribes probationary periods and classifications, adopts other rules authorized by statute, and reviews disciplinary actions imposed against state employees. (Ibid.) The Board also establishes rules implementing and enforcing the merit principle in the state civil service system. (Gov. Code, § 18660; see Cal. Const., art. VII, § 1, subd. (b).) Consistent with the merit principle, the Board promulgates rules to govern classifications, examinations, probationary periods, disciplinary actions, Career Executive Assignments (CEA)s, and other matters related to its authority under
Article VII of the California Constitution. (Gov. Code, §§ 18502, subd. (b) & 19889.)

Regulations adopted by the Board are exempt from the Administrative Procedure Act (APA), except as expressly specified. (Gov. Code, §§ 18211, 18215, & 18216.) The Board’s regulations concerning selection, examinations, and classification may be adopted by the Board without public notice or comment; however, regulations related to selection and examinations shall be reasonably available to all interested parties. (Gov. Code, § 18213.) The rulemaking procedures set forth in Government Code section
18214 apply to the adoption of Board regulations concerning other matters.

In this instance, the subject matter of the proposed regulations relates to classifications, examinations, and selection. These regulations are thus exempt from the APA process; however, the Board finds that a public comment period would be appropriate for this
regulatory package.

B. Comparable Federal Regulations or Statutes

The Board has conducted a review of federal regulations and statutes and determined there are no comparable federal regulations or statutes.

C. Policy Statement Overview

The proposed regulatory action will benefit civil service by ensuring that the Board’s Classification Plan is periodically and routinely reviewed and revised when necessary. This regulatory action also protects any incumbents in a classification that is abolished. The proposed changes modernize and update the Board regulations to cover online and web-based examinations and job announcements that are posted on websites or by other electronic means. Calculating part-time equivalent experience and the method for counting time for temporary appointments are simplified. Qualified applicant pools will
be expanded by establishing a definition of minimum qualifications that is clear, required, and doesn’t create artificial barriers to employment. The retention and devotion to state civil service is promoted by clarifying when appointing powers may promote employees in place. The proposed regulatory action will also improve the civil service selection process by setting reasonable time frames for the hiring process. In
addition, the examination and selection process related to Career Executive Assignment (CEA)s is updated and improved to allow limited-score examinations. CEA examination announcements are simplified by conforming the requirements to those of other civil
service examinations.

D. Evaluation of Consistency and Compatibility with Existing State Regulations

In reviewing other state regulations, the Board found that the instant regulatory proposal is consistent and compatible with existing state regulations.

DETERMINATION OF FISCAL IMPACT ON PUBLIC AGENCIES:

The Board has made the following initial determinations:

 	Mandate on local agencies and school districts: None.

 	Cost to any local agency or school district that must be reimbursed in accordance

with Government Code sections 17500 through 17630:

None.

 	Cost or savings to any State agency: This proposed regulatory package updates the Board’s regulations for consistency with advances in technology and conforms certain rules to conform with changes in statutory law. This proposed action also conforms certain long standing Board policies into regulation. Therefore, the Board expects that any costs or savings to State agencies will be minimal, if any.

 	Other nondiscretionary cost of savings imposed on local agencies: None.

 	Cost or savings in federal funding to the State: None.

SIGNIFICANT EFFECT ON HOUSING COSTS:

None.

ECONOMIC IMPACT ON BUSINESS:

 	Significant, statewide adverse economic impact directly affecting businesses including the ability of California businesses to compete with businesses in other states: None.

 	Effect on small business: The proposed regulations only set standards related to state civil service classifications, examinations, and selection procedures. Accordingly, it has been determined that the adoption of the proposed regulations would not affect small businesses in any way.

DESCRIPTION OF COST IMPACT:

The Board is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action.

RESULTS OF ECONOMIC IMPACT ASESSMENT:

Adoption of these regulations will not:

1.  Create or eliminate jobs within California.
2.  Create new businesses or eliminate existing businesses within
California.
3.  Affect the expansion of businesses currently doing business within
California.
4. Affect worker safety or the state’s environment.

It is expected that the adoption of this regulatory package will have a positive impact on the general health and welfare of California residents in that the benefits of this proposed regulatory action include simplifying, streamlining, and modernizing state civil service classification, examination, and selection procedures.

CONSIDERATION OF ALTERNATIVES:

The Board must determine that no reasonable alternative it considered or that is otherwise identified and brought to its attention would be more effective in carrying out the purpose for which the action is proposed or would be as effective and less burdensome to affected private persons than the proposed action or would be more cost-effective to affected private persons and equally effective in implementing the statutory policy or other provision of law.

CONTACT PERSONS:

Inquiries concerning the proposed regulatory action, including questions regarding procedure, comments, or the substance of the proposal, may be directed to:

Jeanne R. Wolfe
Senior Attorney
State Personnel Board
801 Capitol Mall, MS 53
Sacramento, CA 95814
Phone: (916) 651-0924
Fax: (916) 653-1280
Email:  jeanne.wolfe@spb.ca.gov

In the event the contact person is unavailable, inquiries regarding the proposed action may be directed to the following backup contact person:

Lori Gillihan
Chief, Policy and Compliance Review Division
State Personnel Board
801 Capitol Mall, MS 53
Sacramento, CA 95814
Phone: (916) 651-0924 lori.gillihan@spb.ca.gov

Please direct requests for copies of the proposed text of the regulations, the initial statement of reasons, or other information upon which the rulemaking is based to Senior Attorney Wolfe at the above address.

AVAILABILITY OF RULEMAKING FILE:

The Board is maintaining a rulemaking file for the proposed regulatory action, which as of the date of this notice contains the following:

1. A copy of the text of the regulations for which the adoption is proposed in strikeout and underline;
2. A copy of this notice and statement of reasons for the proposed adoption; and
3. Any factual information upon which the proposed rulemaking is based.

If written comments, data or other factual information, studies or reports are received, they will be added to the rulemaking file. The file is available for public inspection during normal working hours at the State Personnel Board, 801 Capitol Mall, Sacramento, CA
95814, Fax: (916) 653-1280. Items 1 through 3 are also available on the Board's
website at  www.spb.ca.gov under "What's New?" Copies may be obtained by contacting the person via the address, email, or phone number listed above.

AVAILABILITY OF CHANGED OR MODIFIED TEXT:

After considering all timely and relevant comments received, the Board may adopt the proposed regulations substantially as described in this notice. If the Board makes modifications that are sufficiently related to the originally proposed text, it will make the modified text (with the changes clearly indicated) available to the public for at least 15 days before the Board adopts the regulations as revised. Please send requests for copies of any modified regulations to the attention of the person at the address indicated above. The Board will accept written comments only on the modified regulations for 15 days after the date on which they are made available to the public.

AVAILABILITY OF THE FINAL STATEMENT OF REASONS:

It is anticipated that the proposed regulations will be filed with the Office of Administrative Law and shall include a Final Statement of Reasons. Copies of the Final Statement of Reasons may be obtained from the contact person when it becomes available.

AVAILABLITY OF DOCUMENTS ON THE INTERNET:

Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regulations in underline and strikeout can be accessed on the Board's website at www.spb.ca.gov under "What's New?"