Civil service: appointments: supervisory positions.

Existing law, the State Civil Service Act, creates the Department of Human Resources, which succeeds to and is vested with all of the powers and duties exercised and performed by the Department of Personnel Administration. Existing law specifically grants the department the powers, duties, and authority necessary to operate the state civil service system in accordance with Article VII of the California Constitution, the Government Code, the merit principle, and applicable rules duly adopted by the State Personnel Board. Article VII, among other provisions, exempts specific categories of officers and employees from civil service. Existing law requires vacancies in state civil service positions to be filled in a manner that is consistent with the best interests of the state from among employees holding positions in appropriate classes and requires promotional lists to be established to facilitate this purpose, except in limited cases. Existing law requires the appointing power in all cases not excepted or exempted by virtue of Article VII to fill positions by appointment, including cases of transfers, reinstatements, promotions, and demotions, in strict accordance with the act and, except as provided, to fill vacant positions from employment lists. Existing law permits the use of personal services contracts for purposes of cost savings when specified conditions are met, including when the potential economic advantage of contracting is not outweighed by the public's interest in having a particular function performed directly by the state government. This bill, except as specified, would prohibit filling a vacancy in a position in a facility operated by the State Department of State Hospitals or by the California Department of Corrections and Rehabilitation that includes supervision of state civil service employees in specified State Bargaining Units other than by appointment of a permanent full-time civil service employee.