 | |
| Agency overview | |
|---|---|
| Formed | June 8, 1976 |
| Type | Human resources administration and administrative hearings |
| Agency executives |
|
| Parent agency | California Government Operations Agency |
| Website | spb |
The California State Personnel Board (SPB), one of California's constitutional offices, is one of the California 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.
The Board was established by Article VII, section 2 of the California Constitution, as amended on June 8, 1976. [1] Staff positions in the Supreme Court of California, the California Courts of Appeal, the California Legislature, the University of California and the California State University are not administered by the board. [2]
The board sets and enforces rules for state civil service appointments and exams, and maintains a staff of administrative law judges to resolve various human resources issues, such as whistleblower complaints, disability and medical condition discrimination complaints including reasonable accommodation denials and appeals from unfavorable human resources decisions (e.g. reprimand, salary reduction, suspension without pay, demotion or dismissal). [3] 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. [4] 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. [5]
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. [6]
As of February 22, 2022, the SPB is composed of the following five members: [7]
| Name | Position |
|---|---|
| Kathy Baldree | President |
| Mona Pasquil Rogers | Vice President |
| Shawnda Westly | SPB Member and CalPERS Representative |
| Kimiko Burton | SPB Member |
| Lauri Shanahan |
The government of California is the governmental structure of the U.S. state of California as established by the California Constitution. California uses the separation of powers system to structure its government. It is composed of three branches: the executive, consisting of the governor of California and the other constitutionally elected and appointed officers and offices; the legislative, consisting of the California State Legislature, which includes the Assembly and the Senate; and the judicial, consisting of the Supreme Court of California and lower courts. There is also local government, consisting of counties, cities, special districts, and school districts, as well as government entities and offices that operate independently on a constitutional, statutory, or common law basis. The state also allows direct participation of the electorate by initiative, referendum, recall and ratification.
The U.S. Equal Employment Opportunity Commission (EEOC) is a federal agency that was established via the Civil Rights Act of 1964 to administer and enforce civil rights laws against workplace discrimination. The EEOC investigates discrimination complaints based on an individual's race, color, national origin, religion, sex, age, disability, genetic information, and retaliation for participating in a discrimination complaint proceeding and/or opposing a discriminatory practice.
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 evidence, and make factual and legal determinations.
Anti-discrimination law or non-discrimination law refers to legislation designed to prevent discrimination against particular groups of people; these groups are often referred to as protected groups or protected classes. Anti-discrimination laws vary by jurisdiction with regard to the types of discrimination that are prohibited, and also the groups that are protected by that legislation. Commonly, these types of legislation are designed to prevent discrimination in employment, housing, education, and other areas of social life, such as public accommodations. Anti-discrimination law may include protections for groups based on sex, age, race, ethnicity, nationality, disability, mental illness or ability, sexual orientation, gender, gender identity/expression, sex characteristics, religion, creed, or individual political opinions.
The California Civil Rights Department (CRD) is an agency of California state government charged with the protection of residents from employment, housing and public accommodation discrimination, and hate violence. It is the largest state civil rights agency in the United States. It also provides representation to the victims of hate crimes. CRD has a director who is appointed by the governor of California and maintains a total of five offices and five educational clinics throughout the state. Today, it is considered part of the California Business, Consumer Services, and Housing Agency.
The United States Office of Special Counsel (OSC) is a permanent independent federal investigative and prosecutorial agency whose basic legislative authority comes from four federal statutes: the Civil Service Reform Act, the Whistleblower Protection Act, the Hatch Act, and the Uniformed Services Employment and Reemployment Rights Act (USERRA). OSC's primary mission is the safeguarding of the merit system in federal employment by protecting employees and applicants from prohibited personnel practices (PPPs), especially reprisal for "whistleblowing." The agency also operates a secure channel for federal whistleblower disclosures of violations of law, rule, or regulation; gross mismanagement; gross waste of funds; abuse of authority; and substantial and specific danger to public health and safety. In addition, OSC issues advice on the Hatch Act and enforces its restrictions on partisan political activity by government employees. Finally, OSC protects the civilian employment and reemployment rights of military service members under USERRA. OSC has around 140 staff, and the Special Counsel is an ex officio member of Council of Inspectors General on Integrity and Efficiency (CIGIE), an association of inspectors general charged with the regulation of good governance within the federal government.
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 federal employees against abuses by agency management.
The California Department of Consumer Affairs (DCA) is a department within the California Business, Consumer Services, and Housing Agency. DCA's stated mission is to serve the interests of California's consumers by ensuring a standard of professionalism in key industries and promoting informed consumer practices. The DCA provides the public with information on safe consumer practices, in an effort to protect the public from unscrupulous or unqualified people who promote deceptive products or services.
The California Fair Employment and Housing Act of 1959, codified as Government Code §§12900 - 12996, is a California statute used to fight sexual harassment and other forms of unlawful discrimination in employment and housing, which was passed on September 18, 1959.
Executive Order 13087 was signed by U.S. President Bill Clinton on May 28, 1998, amending Executive Order 11478 to prohibit discrimination based on sexual orientation in the competitive service of the federal civilian workforce. The order also applies to employees of the government of the District of Columbia, and the United States Postal Service. However, it does not apply to positions and agencies in the excepted service, such as the Central Intelligence Agency, National Security Agency, and the Federal Bureau of Investigation.
The law of California consists of several levels, including constitutional, statutory, and regulatory law, as well as case law. The California Codes form the general statutory law, and most state agency regulations are available in the California Code of Regulations.
In California, the Employment Development Department (EDD) is a department of the state government that administers Unemployment Insurance (UI), Disability Insurance (DI), and Paid Family Leave (PFL) programs. The department also provides employment service programs and collects the state's labor market information and employment data. EDD is one of California's three major taxation agencies, alongside California Department of Tax and Fee Administration and the Franchise Tax Board. In addition to collecting unemployment insurance taxes, the department administers the reporting, collection, and enforcement of the state's personal income taxes.
The California Department of Human Resources (CalHR) is the California government agency responsible for human resource management of state employees, including issues related to salaries and benefits, job classifications, training, and recruitment. It is part of the Government Operations Agency. CalHR was created in 2012, consolidating the former Department of Personnel Administration (DPA) with most of the operations of the State Personnel Board.
The California Labor Code, more formally known as "the Labor Code", is a collection of civil law statutes for the State of California. The code is made up of statutes which govern the general obligations and rights of persons within the jurisdiction of the State of California. The stated goal of the Department of Industrial Relations is to promote and develop the welfare of the wage earners of California, to improve their working conditions and to advance their opportunities for profitable employment."
Human resource management in public administration concerns human resource management as it applies specifically to the field of public administration. It is considered to be an in-house structure that ensures unbiased treatment, ethical standards, and promotes a value-based system.
The California Administrative Procedure Act (APA) is a series of acts of the California Legislature first enacted 15 June 1945 that requires California state agencies to adopt regulations in accordance with its provisions. It predates the federal Administrative Procedure Act that was enacted almost a year later on 11 June 1946.
A whistleblower is a person who exposes any kind of information or activity that is deemed illegal, unethical, or not correct within an organization that is either private or public. The Whistleblower Protection Act was made into federal law in the United States in 1989.
The Government Operations Agency (CalGovOps) is the California government agency responsible for administering state operations including procurement, real estate, information technology, and human resources. Amy Tong was appointed Secretary of Government Operations by Governor Gavin Newsom in March of 2022. Previously, the role was held by Secretary Yolanda Richardson and Secretary Marybel Batjer, who was appointed as the inaugural agency secretary in June 2013 by then-Governor Jerry Brown.
The writ of mandate is a type of extraordinary writ in the U.S. state of California. In California, certain writs are used by the superior courts, courts of appeal and the Supreme Court to command lower bodies, including both courts and administrative agencies, to do or not to do certain things. A writ of mandate may be granted by a court as an order to an inferior tribunal, corporation, board or person, both public and private. Unlike the federal court system, where interlocutory appeals may be taken on a permissive basis and mandamus are usually used to contest recusal decisions, the writ of mandate in California is not restricted to purely ministerial tasks, but can be used to correct any legal error by the trial court. Nonetheless, ordinary writ relief in the Court of Appeal is rarely granted.
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