19600-19609

GOVERNMENT CODE
SECTION 19600-19609




19600.  The board may, directly or through agreement or contract
with one or more agencies and other public and private organizations,
conduct and evaluate demonstration projects.
   Nothing in this section shall infringe upon or conflict with the
merit principle as embodied in Article VII of the California
Constitution, nor shall any project undertaken pursuant to this act
conflict with, or infringe upon the merit principles of the civil
service system.
   Subject to the provisions of this section, the conducting of
demonstration projects shall not be limited by any lack of specific
authority under this code to take the action contemplated, or by any
provision of this code or any rule or regulation prescribed under
this code which is inconsistent with the action, including any law or
regulation relating to any of the following:
   (a) The methods of establishing qualification requirements for,
recruitment for, and appointment to positions.
   (b) The methods of classifying positions and compensating
employees.
   (c) The methods of assigning, reassigning, or promoting employees.
   (d) The methods of disciplining employees.
   (e) The methods of providing incentives to employees, including
the provision of group or individual incentive bonuses or pay.
   (f) The hours of work per day or per week.
   (g) The methods of involving employees, labor organizations, and
employee organizations in personnel decisions.
   (h) The methods of reducing overall agency staff and grade levels.



19600.1.  "Demonstration project" means a project conducted by the
State Personnel Board, or under its supervision, to determine whether
a specified change in personnel management policies or procedures
would result in improved state personnel management.



19601.  No demonstration project may provide for a waiver of any
provision of Chapter 10 (commencing with Section 19680).



19602.  Before conducting or entering into any agreement or contract
to conduct a demonstration project, the board shall do all of the
following:
   (a) Develop a plan for the project that identifies all of the
following:
   (1) The purposes of the project.
   (2) The types of employees categorized by occupational series,
grade, or organizational unit.
   (3) The number of employees to be included in the aggregate and by
category.
   (4) The methodology.
   (5) The duration.
   (6) The training to be provided.
   (7) The anticipated costs.
   (8) The methodology and criteria for evaluation.
   (9) A specific description of any aspect of the project for which
there is a lack of specific authority.
   (10) A specific citation to any provision of law, rule, or
regulation that, if not waived under this section, would prohibit the
conducting of the project, or any part of the project as proposed.
   (11) A specific description of the potential impact of the plan on
the rights and status of the employees included within the plan,
including their right of appeal.
   (12) Provisions for determining the status, rights, compensation,
and benefits of affected employees upon the termination of the
project.
   (b) Provide notification of the proposed project to employees who
are likely to be affected by the project and to each house of the
Legislature, at least 180 days in advance of the date any project
proposed under this section is to take effect.
   (c) Publish in the California Regulatory Notice Register, notice
of the board meeting or other public hearing at which the proposed
adoption of the demonstration project will be considered and acted
upon, at least 30 days prior to the meeting or hearing.
   (d) Provide opportunity for written comment to the board, and oral
comment at board meetings or hearings.
   (e) Provide to persons who have submitted comments written notice
of substantive changes made to the project after the initial hearing,
and provide an additional 15-day period for submission of comments
prior to the final adoption of the demonstration project by the
board.
   (f) Submit any regulations implementing the demonstration project
to the Office of Administrative Law for filing with the Secretary of
State and publication in the California Code of Regulations. These
regulations shall be exempt from the Administrative Procedure Act
(Chapter 3.5 (commencing with Section 11340) of Part 1 of Division
3). However, no regulation implementing a demonstration project shall
be exempt from the act if the project limits competition in
particular examinations or limits entry into particular
classifications on the basis of sex, race, religious creed, color,
national origin, ancestry, marital status, physical disability,
mental disability, or other non-job-related factors.
   (g) Submit the proposed project to public hearings.
   (h) Obtain approval from each agency involved in the final version
of the plan.
   (i) Provide the Legislature with a report at least 90 days in
advance of the date the project is to take effect setting forth the
final version of the plan as so approved.



19602.5.  (a) Notwithstanding Section 18900, 18901, 18930, 18930.5,
18931, 18933, 18936, 18937, 18938.5, 18939, 18950, 19050, 19052,
19054, 19054.1, 19057, 19057.1, 19057.2, 19057.4, 19081, or 19101, or
any other provision of law, but consistent with the merit principles
of subdivision (b) of Section 1 of Article VII of the California
Constitution, the Department of Motor Vehicles appointing authority
may conduct examinations and make appointments, as specified by this
section. The purpose of this section is to provide the Department of
Motor Vehicles with greater flexibility to match candidates and
managerial or supervisory jobs, at the same time resulting in an
expedited selection process and cost savings to the department.
   (b) The Department of Motor Vehicles appointing authority may
conduct competitive examinations on a position-by-position basis for
specified managerial classifications and supervisory classifications
as agreed to by the board in the manner described in Article 7
(commencing with Section 549.80) of Subchapter 4 of Chapter 1 of
Division 1 of Title 2 of the California Code of Regulations in effect
on June 27, 2001, or in any other manner approved by the board. In
its exercise of authority under this subdivision pursuant to that
article, the Department of Motor Vehicles appointing authority shall
rank each examination candidate in the manner specified in Article 4
(commencing with Section 548.30) and Article 5 (commencing with
Section 548.40) of Subchapter 2 of Chapter 1 of Division 1 of Title 2
of the California Code of Regulations.



19602.7.  (a) Notwithstanding Section 18900, 18901, 18930, 18930.5,
18931, 18933, 18938.5, 18950, 19050, 19054.1, or 19057.2, or any
other law, but consistent with the merit principles of subdivision
(b) of Section 1 of Article VII of the California Constitution, the
Department of Transportation appointing authority may conduct
examinations and make appointments as specified by this section. The
purpose of this section is to provide the Department of
Transportation with greater flexibility to match candidates to
position-specific vacancies, at the same time resulting in an
expedited selection process and cost savings to the department.
   (b) The Department of Transportation appointing authority may
conduct competitive examinations on a position-specific basis for
managerial classifications as agreed to by the board in the manner
described in Article 8 (commencing with Section 549.90) of Subchapter
4 of Chapter 1 of Division 1 of Title 2 of the California Code of
Regulations. The Department of Transportation appointing authority
shall rank each examination candidate in the manner specified in
Article 4 (commencing with Section 548.30) and Article 5 (commencing
with Section 548.40) of Subchapter 2 of Chapter 1 of Division 1 of
Title 2 of the California Code of Regulations.



19603.  Each demonstration project shall terminate before the end of
the five-year period beginning on the date on which the project
takes effect, except that the project may continue beyond the date to
the extent necessary to validate the results of the project.
   Subject to the terms of any written agreement or contract between
the board and an agency, a demonstration project involving the agency
may be terminated by the board or the agency, if either determines
that the project creates a substantial hardship on, or is not in the
best interests of, the public, employees, or state government.



19604.  Employees within a unit with respect to which a labor
organization is accorded exclusive recognition shall not be included
in any demonstration project unless there is a written agreement with
respect to the project between the agency and the organization.




19605.  (a) Supervisory employees, as defined in subdivision (g) of
Section 3513, shall not be included within any demonstration project
unless there are written agreements with respect to the demonstration
project between the affected state agency and all verified
supervisory employee organizations that represent supervisory
employees covered by the demonstration project.
   (b) Employees within any bargaining unit with respect to which a
labor organization has not been accorded exclusive recognition shall
not be included within any demonstration project unless the employer
first meets and confers in good faith with the employees and any
employee organizations representing the employees. "Meet and confer
in good faith" means that the employer and employees and employee
organizations shall have the mutual obligation personally to meet and
confer promptly upon request by either party and continue for a
reasonable time in order to exchange freely information, opinions,
and proposals, and to endeavor to reach agreement.



19606.  The board shall provide for an evaluation of the results of
each demonstration project and its impact on improving public
management.
   All agencies shall cooperate with and assist the board, to the
extent practicable, in any evaluation and provide the board with
requested information and reports relating to demonstration projects
in their respective agencies.



19607.  (a) Nothing in this chapter shall affect any rights of
employees included within demonstration projects, except those rights
directly pertaining to the subject matter of the demonstration
project.
   (b)  Pursuant to the provisions of this chapter, upon the
termination of a demonstration project, employees included in such
project shall be given all seniority and other rights which they
would have had had they not been in a demonstration project.



19608.  Any demonstration project implemented under this chapter
shall not include the adoption or waiver of regulations or statutes
that are administered or enforced by the Department of Personnel
Administration without the express approval of the Department of
Personnel Administration.



19608.  Any demonstration project implemented under this chapter
shall not include the adoption or waiver of regulations or statutes
that are administered or enforced by the Department of Personnel
Administration without the express approval of the Department of
Personnel Administration.



19609.  (a) For a demonstration project made permanent pursuant to
legislation operative on or after January 1, 2008, a department
participating in the demonstration project shall file a report on all
aspects of the demonstration project with the State Personnel Board.
The report shall include, but not be limited to, all of the
following:
   (1) The number of applicants.
   (2) The number of applicants that were hired.
   (3) The cost of the hiring process.
   (4) The number and nature of examination appeals.
   (5) The length of time to complete the hiring and testing process.
   (b) For a three-year period from the date that the demonstration
project becomes permanent, the department shall file the report
described in subdivision (a) on an annual basis. After the expiration
of the three-year period, the department shall file a report if a
report is requested by the State Personnel Board.
   (c) When the State Personnel Board receives a report described in
this section, the State Personnel Board may hold a public hearing to
provide for the exchange of information and an opportunity for public
comment about the demonstration project that is the subject of the
report.