The California State Personnel Board (SPB), one of California's
constitutional offices, is one of the
California
California is a U.S. state, state in the Western United States, located along the West Coast of the United States, Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the List of states and territori ...
agencies responsible for administration of the merit-based civil service employment system for California state agencies, the other being the
California Department of Human Resources.
History
The Board was established by Article VII, section 2 of the
California Constitution
The Constitution of California ( es, ConstituciĆ³n de California) is the primary organizing law for the U.S. state of California, describing the duties, powers, structures and functions of the government of California. California's original co ...
, as amended on June 8, 1976. Staff positions in the
Supreme Court of California
The Supreme Court of California is the highest and final court of appeals in the courts of the U.S. state of California. It is headquartered in San Francisco at the Earl Warren Building, but it regularly holds sessions in Los Angeles and Sacra ...
, the
California Courts of Appeal
The California Courts of Appeal are the state intermediate appellate courts in the U.S. state of California. The state is geographically divided along county lines into six appellate districts. , the
California Legislature
The California State Legislature is a bicameral state legislature consisting of a lower house, the California State Assembly, with 80 members; and an upper house, the California State Senate, with 40 members. Both houses of the Legisla ...
, the
University of California
The University of California (UC) is a public land-grant research university system in the U.S. state of California. The system is composed of the campuses at Berkeley, Davis, Irvine, Los Angeles, Merced, Riverside, San Diego, San Francisco, ...
and the
California State University
The California State University (Cal State or CSU) is a public university system in California. With 23 campuses and eight off-campus centers enrolling 485,550 students with 55,909 faculty and staff, CSU is the largest four-year public univers ...
are not administered by the board.
Functions
The board sets and enforces rules for state civil service appointments and exams, and maintains a staff of
administrative law judges
An administrative law judge (ALJ) in the United States is a judge and trier of fact who both presides over trials and adjudicates claims or disputes involving administrative law. ALJs can administer oaths, take testimony, rule on questions of ev ...
to resolve various human resources issues, such as whistleblower complaints, disability and medical condition discrimination complaints including
reasonable accommodation A reasonable accommodation is an adjustment made in a system to accommodate or make fair the same system for an individual based on a proven need. That need can vary. Accommodations can be religious, physical, mental or emotional, academic, physic ...
denials and appeals from unfavorable human resources decisions (e.g. reprimand, salary reduction, suspension without pay, demotion or dismissal). Appeals from the Board's administrative law department are heard by the Board itself.
With the exception of board hearing procedures relating to disciplinary and merit matters, disability and medical discrimination complaints, public testimony or participation, drug testing and grounds for employee discipline, the Board is exempt from the
Administrative Procedure Act. However, even when subject to the Act, it is exempt from a variety of the Act's most onerous requirements, such as performing an adverse economic impact analysis.
The Board has faced controversy for some of its decisions, such as its order reinstating a nurse's aide who removed money from an elderly man's drawer in a police sting prompted by thousands of dollars in thefts from the veteran's home in which she worked, as well as favorable decisions in the cases of doctors who peers considered unsafe around patients, and a psychiatric technician who hit a patient with his shoes.
Membership
As of February 22, 2022, the SPB is composed of the following five members:
See also
*
California Department of Human Resources
*
United States Merit Systems Protection Board
The Merit Systems Protection Board (MSPB) is an independent quasi-judicial agency established in 1979 to protect federal merit systems against partisan political and other prohibited personnel practices and to ensure adequate protection for federa ...
References
External links
*
State Personnel Boardin the
California Code of Regulations
The California Code of Regulations (CCR, Cal. Code Regs.) is the codification of the general and permanent rules and regulations (sometimes called administrative law) announced in the ''California Regulatory Notice Register'' by California state ...
Local Agency Personnel Standardsin the California Code of Regulations
Personnel Board
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