 | |
| 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 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.
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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.
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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."
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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.
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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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| CalSTA departments | ||
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