Human resources.

The California Constitution establishes the State Personnel Board (board) and requires the board to, among other things, enforce the civil service statutes, prescribe probationary periods and classifications, adopt rules authorized by statute, and review disciplinary actions. The Constitution also requires the executive officer of the board to administer the civil service statutes under the rules of the board. Existing law established the Department of Personnel Administration for purposes of managing the nonmerit aspects of the state's personnel system. The Governor's Reorganization Plan No. 1 of 2011, operative July 1, 2012, created the Department of Human Resources, which is vested with the duties, purposes, responsibilities, and jurisdiction exercised by the board as its designee with respect to the board's administrative and ministerial functions. This bill would instead vest the Department of Human Resources with those powers, duties, and authorities necessary to operate the state civil service system in accordance with the California Constitution, statutory law, the merit principle, and applicable rules duly adopted by the board. The bill would transfer certain functions and duties from the responsibility of the board to the Department of Human Resources. The bill would make related changes. The plan also abolished the Department of Personnel Administration, and transferred the functions and duties performed by the Department of Personnel Administration to the Department of Human Resources. The plan eliminated certain functions of the board relating to investigating and hearing complaints of discrimination in the civil service. The plan also authorizes the Department of Human Resources to establish disciplinary criteria applicable to adverse actions taken by appointing bodies pursuant to causes of discipline for employees and individuals established pursuant to specified provisions of law. The plan requires the board to give consideration and respect to any applicable disciplinary criteria established by the Department of Human Resources in making certain decisions relating to disciplinary proceedings. This bill would also specify that the rules and regulations of the board and of the Department of Personnel Administration would remain in effect unless amended or repealed by the board or the Department of Human Resources. The bill would authorize the board to perform audits on the personnel practices of any appointing authority, as defined, to ensure compliance with the civil service laws and board regulations. The bill would also prohibit a person from being discriminated against in the terms, conditions, and privileges of his or her employment with the state based on his or her medical condition, mental disability, or physical disability, as defined, and would require the board, upon a finding that discrimination has occurred, to order the appointing authority to cause the discrimination to cease and desist, as specified. Existing law authorizes the Department of Personnel Administration to assess special funds, bond funds, and nongovernmental cost funds in sufficient amounts to support the cost of the Human Resources Modernization Project, as specified. This bill would also repeal that provision.