AB 263

This bill makes the following changes to the state civil service system:

1. Currently, an appointing authority may not appoint a person who is not a

resident of this state to a limited term appointment, unless the administrator of the

Division of Merit Recruitment and Selection waives the prohibition for the reason

that the appointed person's permanent work site is located outside this state. The

bill allows the administrator to waive the nonresidency prohibition in any

circumstance.

2. The bill provides that an employee who has not obtained permanent status

in class in a supervisory or management position and who is appointed to another

supervisory or management position may be required to serve a probationary period.

3. Currently, assistant district attorneys who have served with the state for a

continuous period of 12 months or more may only be removed, suspended without

pay, discharged, reduced in base pay, or demoted for just cause. This bill grants

assistant state public defenders the same rights.

4. The bill specifically provides that statutory provisions relating to annual,

termination, and accumulated sabbatical leave, as well as paid holiday leave, are

subject to the leave provision of the state compensation plan. Current law provides,

generally, that the state compensation plan may include provisions relating to pay,

benefits, and working conditions that supersede the provisions of the civil service

and other applicable statutes and rules promulgated by the director of the Office of

State Employment Relations and the administrator.

5. Generally, no state employee may take annual leave until he or she has

completed the first six months of a probationary period for an original appointment.

The bill provides that this prohibition does not apply to an employee who uses annual

leave that he or she accrued while serving in an unclassified civil service position.

6. The bill provides that career executive employees and other management

employees in the state civil service are entitled to all continuous service leave if they

leave those positions and are subsequently reemployed in career executive and other

management positions, regardless of the duration of their leave of absence.

7. The bill provides that officials and employees of the state who have

permanent status in class and who are members of the national guard, state defense

force, or a reserve component of the United States armed forces and who are on

military leave without pay for authorized inactive duty training or active duty for

training, shall, upon reemployment immediately after such military training,

receive credit for annual leave, sick leave, and legal holidays as if they had remained

continuously employed by the state.

8. The bill provides that if an employee is terminated, personal holidays are

prorated for the calendar year in which the termination occurs and personal holidays

earned in a previous calendar year are not prorated or repaid.