This PML is superseded by the HR Manual and is no longer active.
PML Number
1990-025
Title
Notice of Modifications to Text of Proposed Regulations
Date Issued
June 22, 1990
Owner
Office of the Director
Contact
Robert L. Rutherford
(916) 324-0443
Signed By
Lillian J. Rowett, Chief Deputy Director
Content
Pursuant to the requirements of Government Code Section 11346.8, Subdivision (c), and Section 44 of Title 1 of the California Code of Regulations, the Department of Personnel Administration is providing notice of changes made to proposed regulation Section 599.854.4, which was the subject of a regulatory hearing on May 31, 1990. Additions to the originally proposed language are double underlined, and language which is proposed to be repealed appears in strikeout using a "_".
If you have any comments regarding the proposed changes, written comments must be submitted to the Department of Personnel Administration by 5:00 p.m. on July 13, 1990 to:
Robert L. Rutherford
Department of Personnel Administration
1515 'S' Street, North Building
Suite 400
Sacramento, CA 94244-2340

All written comments received by July 13, 1990, which pertain to the indicated changes will be reviewed and responded to by the Department's staff as part of the compilation of the rulemaking file. Please limit your comments to the modifications to the text which appear in either strikeout or double underlining.
UPDATED INFORMATIVE DIGEST:
There has been no change in the laws relating to the proposed regulations, or to the effect of the proposed regulations, from that stated in the Notice of Proposed Regulatory Action.
UPDATED INITIAL STATEMENT OF REASONS:
On April 3, 1990 the Department of Personnel Administration submitted to the Office of Administrative Law proposed regulations (599.854-599.854.4) covering the State Restriction of Appointments (SROA) Program. The original public review period for these regulations ended on May 31, 1990.
SUMMARY AND RESPONSE TO COMMENTS RECEIVED DURING THE ORIGINAL NOTICE PERIOD OF APRIL 9, 1990 THROUGH MAY 31, 1990:
Comment No. 1: Section 599.854.4(a)(b) exempts certain promotions-in-place from SROA review because there are instances in which there is no true vacancy that could be used to place a surplus employee. The representative for the State Employment Development Department stated that in this section the phrase "fully skilled level" was ambiguous since employees often promote-in-place to classifications other than those considered to be at the "fully skilled level". He also stated that the key consideration in granting an SROA exemption, in these cases, should be whether a true vacancy exists, regardless of the particular classification level involved.

Response: The Department agrees with the commenter and has amended Section 599.854.4(a)(6) as follows:
The first amendment is to delete the word "assignment" in Subsection (a)(6). It was decided that there is not enough of a distinction between the meaning of "position" and "assignment", from a classification perspective, so we recommend deleting "assignment".
The second amendment, also to Subsection (a)(6), is to delete the words "fully skilled" and replace them with "next higher" so that portion of (a)(6) reads : ". .and the promotion is clearly identified as typical in cases where the employee has reached the fully skilled next higher level within a class series." This amendment will address the movement through a promotional series where the position has been reallocated to the next higher level and the incumbent is being promoted in place. It would not automatically exempt movements between class series, since such movements often raise more questions about whether a true promotion-in-place situation exists. The commenter has indicated his agreement with this approach.
Comment No. 2: The Employment Development Department representative also raised a question regarding Section 599.854.4(c), requesting that we add a mandatory exemption for affirmative action placements which have been identified in the appointing powers Affirmative Action Plan.
Response: The request that an exemption specifically focusing on an appointing powers Affirmative Action Program can be considered under the general provisions of Section 599.854.4(b).
As in the past, the appointing power may submit a written request, outlining the critical factors in the proposed affirmative action appointment, and explaining what the ramifications would be if the exemption request is not granted. Consideration can then be given to whether an SROA eligible could meet the appointing power’s goals. In addition, balanced consideration can be given to the number of SROA eligibles needing placement, the appointing powers need to make affirmative action hires, and the total number of hiring opportunities available to the appointing power. Given the need for this case-by-case review of these requests, it is not appropriate to include them under subsection (c) which deals with appointments that automatically qualify for exemptions.
SECTION 599.854 SCOPE - NONREPRESENTED EMPLOYEES
In reviewing this section we have elected to make a nonsubstantive amendment to our definition of "a nonrepresented employee" to make it more consistent with Section 599.619. This amendment does not change the definition or intent of Section 599.854,as originally drafted, but simply makes it more compatible with the definition of a nonrepresented employee as provided in Section 599.619.
A nonelected officer or employee of the executive branch of government who is not a member of the civil service is not eligible for the SROA program.
Questions concerning this memorandum should be directed to Robert L. Rutherford at (916) 324-0443, ATSS 454-0443.