Chapter 3 – Personnel, Training, and Employee Relations

All employees of the Department shall be compensated fairly and impartially.

This Section provides for the following:

• Extra compensation for employees using bilingual skills ten percent or more of the time.

• Salary-related Victims Compensation and Government Claims Board (VCGCBVictim Compensation and Government Claims Board (formerly Board of Control)) claims from employees.

• Special hiring rates for persons with extraordinary qualifications.

• Determination of salary rates for permissively reinstated employees and merit salary adjustment dates upon reinstatement after a permanent separation.

• Compensation for out-of-class assignments.

• Physical fitness incentive pay.

• Housing stipends.

If any provision in this section is in conflict with a Memorandum of Understanding (MOUMemorandum Of Understanding), the MOUMemorandum Of Understanding shall prevail as it relates to the specific represented group.

The Department shall provide bilingual services when a substantial portion of its clientele is non-English speaking or hearing impaired.

The Dymally-Alatorre Bilingual Services Act (Act), Government Code 7290-7299.8 et seq., requires each State agency conduct a survey of each of its local offices to determine the following:

• The number of public contact positions in each local office or facility.

• The number of bilingual employees in public contact positions and the language they speak other than English.

• The number and percent of non-English speaking persons served by incumbents in public contact positions in each local office or facility broken down by native languages.

• The number of anticipated vacancies in public contact positions over the following year.

• Whether the use of other available options, including contracted telephone-based interpretation services, in addition to bilingual staff in public contact positions, is serving the language need of non-English speaking clientele.

• A listing of all written materials required to be translated pursuant to GCGovernment Code 7295.4 et seq., identifying which have been translated and languages into which they have been translated.

• The number of additional qualified bilingual public contact staff, if any, needed at each local office to comply with the Act.

• Any other relevant information requested by the SPBState Personnel Board (see CalHR).

The survey results shall be reported on forms provided by the SPBState Personnel Board (see CalHR) and is due to the SPBState Personnel Board (see CalHR) no later than October 1 of each even numbered year.

Pursuant to GCGovernment Code 7290-7299.8 et seq., the Office of Personnel Services (OPSOutpatient Status) evaluates survey results and submits an Implementation Plan to the SPBState Personnel Board (see CalHR) no later than October 1 of each odd numbered year which includes the following:

• The name, position, and contact information of the employee designated by the Department to be responsible for overseeing implementation of the plan.

• A description of the Department’s procedures for identifying written materials that needs to be translated.

• A description of the Department’s procedures for identifying language needs at local offices and assigning qualified bilingual staff.

• A description of how the Department recruits qualified bilingual staff.

• A description of any training the Department provides to its staff on the provision of services to non- or limited-English-speaking individuals.

• A detailed description of how the Department plans to address any deficiencies in meeting the requirements of the Act including, but not limited to, the failure to translate written materials or employ sufficient numbers of qualified bilingual employees in public contact positions at local offices, the proposed action to be taken to address the deficiencies, and the proposed dates by when the deficiencies can be remedied.

• A description of the Department’s procedures for accepting and resolving complaints of an alleged violation of the Act.

• A description of how the Department complies with any federal or other State laws that require the provision of linguistically accessible services to the public.

• Any other relevant information requested by the SPBState Personnel Board (see CalHR).

The Bilingual Pay Program provides a monthly pay differential for State employees who use bilingual skills on a continuing basis averaging ten percent of the time. The ten percent includes the actual time spent conversing or interpreting in a second language and related activities performed with the specific bilingual transaction. To receive the pay differential, an individual must first successfully complete a bilingual fluency examination to become certified bilingual.

Upon successful certification, employees with their supervisor’s concurrence shall submit a Bilingual Pay Authorization, STDStandard Form (DGS) Form 897, justifying ten percent use of their bilingual skills in their position, and proof of successfully passing a bilingual examination in a specific language.

OPSOutpatient Status conducts the biennial language survey and ensures implementation of policy governing the Bilingual Services Program.

OPSOutpatient Status administers the Bilingual Pay Program.

Local testing offices administer the language fluency examination.

Employees interested in taking a language fluency examination shall:

• Obtain an Application for Examination, STDStandard Form (DGS) Form 678, from the local or Central Office personnel office.

• Complete the application with the following:

  • The applicant’s name, address, and social security number.

  • The language in which the applicant is to be tested.

  • The applicant’s work location e.g., institution, parole region, etc.

  • Signature of applicant.

• Submit the application to the local or Central Office personnel office.

Bilingual Pay Authorization, STDStandard Form (DGS) Form 897, proof of successfully passing a bilingual examination in a specific language, duty statement, and an organization chart which identifies the position, shall be forwarded by local personnel staff to the OPSOutpatient Status, Personnel Analyst liaison assigned to that area, when any of the following conditions apply:

• Changes in Position Number. Any change in Unit Code, Classification Code, and Serial Number Code.

• Reassignments. Promotions, transfers from one class to another or change in post assignment which no longer requires use of ten percent bilingual skills.

• New (Bilingual) Positions. Bilingual pay for a position has never been requested.

• Refilling a Vacant (Bilingual) Position. A position is approved and the previous incumbent received bilingual pay.

• Termination of Bilingual Pay. A bilingual position ceases to qualify based on criteria given in this Section.

• Change in Incumbent’s Work Address. If an incumbent was receiving bilingual pay based on the need for such skill in one location and is transferred to another location, bilingual pay must be justified again for the new location.

VCGCBVictim Compensation and Government Claims Board (formerly Board of Control) Rules Sections 624, 630, 631, and 632 provide the general standards for filing claims against the State.

Each claim shall be submitted to the Deputy Director, Division Administrative Services (DASDivision of Administrative Services (see ASB)), for approval.

All claims for money or damages against the State shall be presented to the VCGCBVictim Compensation and Government Claims Board (formerly Board of Control) under the following conditions:

• An appropriation or a State fund is available but has been rejected by the State Controller.

• The appropriation made or fund designated is exhausted.

• The settlement is provided for by statute or constitutional provision but no appropriation or fund is available.

• Settlement is not otherwise provided for by statute or constitutional provision.

• On express contract.

• The taking or damaging of private property for public use within the meaning of Section 19 of Article I of the Constitution.

• Based upon the negligent act or omission by a State officer, servant or employee or for the dangerous condition of State property.

• Any other injury for which the State is liable.

All claims or amendments shall be signed by the claimant or representative. Facts shall be stated in simple, concise language without legal phraseology.

Hiring authorities shall initiate and submit VCGCBVictim Compensation and Government Claims Board (formerly Board of Control) claims on an Equity Claim, BC Form 1B, in quadruplicate, to the Chief, Accounting Services, Attention: VCGCBVictim Compensation and Government Claims Board (formerly Board of Control) Claims Coordinator, for situations where improper pay or no pay has been issued because of administrative error or other factor.

Employees and former employees also have the right to file an Equity Claim, BC Form 1B, in triplicate, directly with the VCGCBVictim Compensation and Government Claims Board (formerly Board of Control). However, such claims are referred by the VCGCBVictim Compensation and Government Claims Board (formerly Board of Control) to the Department for a recommendation.

Each claim shall include:

• A claim form with:

  • A brief statement describing the reason for the claim.

  • Specific description of how the claim amount was computed.

• A brief cover memo with:

  • The recommendation requested.

  • A brief explanation of the circumstances, problems or errors that led to the need for the VCGCBVictim Compensation and Government Claims Board (formerly Board of Control) claim.

  • What specific steps have been taken to prevent a recurrence.

  • The party to whom payment is to be made; e.g., either the claimant or the Department.

  • A statement on revision of funds if the claim includes payment for a prior fiscal year and the funds have reverted. The funds revert two years following the last day an appropriation is available for encumbrance unless the Director of Finance reverts the funds during that two-year period (see GCGovernment Code Section16304.1).

• All supporting documentation; e.g., Bilingual Pay Authorization Form, Disability Pay Request Form, Payroll Adjustment Form, or other documents as appropriate.

When more than one claim of the same type is being submitted, the hiring authority or designee shall submit all like claims as a package using one cover memo.

Upon receipt of the claim, Central Office staff shall make any necessary salary verifications and prepare a letter for the signature of the Deputy Director, DASDivision of Administrative Services (see ASB), or his/her designee, recommending approval or disapproval of the claim.

If approval is recommended by the Department, the letter and original claim shall be forwarded to the VCGCBVictim Compensation and Government Claims Board (formerly Board of Control) for review and processing. A copy of the letter shall be sent to:

• Originating hiring authority.

• Employee (claimant).

• Department’s VCGCBVictim Compensation and Government Claims Board (formerly Board of Control) Claims Coordinator.

If disapproval is recommended by the Department, the letter shall be sent to the employee (claimant). A copy of the letter shall be sent to:

• Originating hiring authority.

• Department’s VCGCBVictim Compensation and Government Claims Board (formerly Board of Control) Claims Coordinator.

Disapproved claims shall not be forwarded to the State VCGCBVictim Compensation and Government Claims Board (formerly Board of Control), unless submitted directly by an individual.

Upon approval and complete processing of the claim, the VCGCBVictim Compensation and Government Claims Board (formerly Board of Control) issues payment or authorization for payment, according to the specific payment instructions recommended by the Department.

If the recommendation instructs that payment be made directly to the Department, the VCGCBVictim Compensation and Government Claims Board (formerly Board of Control) directs its communication (pay warrant or authorization for pay) to the Department.

If the recommendation requests payment directly to the employee, the VCGCBVictim Compensation and Government Claims Board (formerly Board of Control) upon approval of the claim, addresses its communication (pay warrant or authorization for pay) directly to the employee, and sends a copy to the Department.

If the claim is disapproved, the VCGCBVictim Compensation and Government Claims Board (formerly Board of Control) notifies the Department and/or the claimant, as appropriate, indicating the basis for the disapproval and the claimant’s legal rights/options for appeal.

Within six months from receipt of the rejection notice, the claimant may:

• Request a rehearing. A rehearing is granted only with the stipulation and agreement that the claimant provides new information not previously considered by the VCGCBVictim Compensation and Government Claims Board (formerly Board of Control).

• File suit in small claims court, if the dollar amount is within the limits allowable by law.

• File suit in a superior court, if the dollar amount exceeds the limits for small claims court.

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Deleted September 11, 2009 Section Reserved

Deleted September 11, 2009 Section Reserved

Deleted September 11, 2009 Section Reserved

Established Rate

• Once the hiring authority determines that a special hiring rate is necessary to attract an outstanding individual, the hiring authority shall decide which hiring rate to request.

• In order to be competitive with other employers, yet offer no more than is necessary, the actual rate granted is an established rate between the minimum and maximum for the class nearest (above or below) to the individual’s present salary or other valid job offers. This is any established rate between the existing steps for the class if it will more closely approximate a realistic appraisal of the individual’s background and salary history.

Limitations

• Special hiring rates are usually limited to two steps above the minimum of the salary range, i.e., the third salary step. When the position has limited promotional opportunity, use of hiring rates above that rate limits the Department’s ability to use merit salary adjustments to recognize employee growth and encourage initiative.

• Adjustments above the third step shall be processed only when the factors of extraordinary qualifications, present salary, or prospective job offers make a strong case for the particular individual.

Determining the Above-Minimum Rate

• The individual’s monthly salary (or highest bona fide job offer) is compared to the State’s pay ranges in determining the maximum amount to authorize. Money earned through part-time employment is counted in determining the above-minimum rate only when the individual would lose this income by coming to work for the Department.

• When an individual’s total income covers periods substantially less than twelve months and that individual does not work for the remainder of the year, the income is considered as the function of the number of months worked; e.g., $10,000 per year for a ten month work year is considered as $1,000 per month. When there is additional income from a second job from which the individual must resign, that should be added to the total and the full year considered.

Consideration of Other Offers

• Other competitive salary offers from State agencies shall not be used as justification for exceeding these other offers for above minimum rates. When the provisions outlined here are applied correctly, above minimum rates authorized for outstanding qualifications for a given individual shall be identical for all State agencies using the class.

Moving Expense

• The salary shall not include a bonus to the candidate to come to the State; however, when relocation involves an unusual moving expense, an above minimum rate may be justified where use of the candidate’s qualifications is particularly critical to the Department’s program. Advance approval by DPADepartment of Personnel Administration (see CalHR) is required in these cases.

Applicable Authorizations

• Under delegation, an individual ordinarily cannot receive above minimum steps under more than one special salary authorization. Regarding entrance into college recruitment classes, it may be found that an individual possesses superior scholastic achievement. Also, there may be a general hiring “plus” rate authorized on the basis of recruitment difficulty. The Department decides which of the applicable authorizations is needed to acquire the individual.

Required Explanation

• If the rate approved for the individual does not fall at one of the normal steps within the salary range for that class, the hiring authority shall provide the appointee with an explanation of the possible effect on movement through the salary range under DPADepartment of Personnel Administration (see CalHR) rules.

Corrective Salary Action

• Special adjustments for outstanding qualifications are not a substitute for corrective salary action for a class. If there are a number of vacancies in a given class and recruitment is difficult, recruitment “plus” differential or special corrective salary action for the class may be necessary.

Requests for rates higher than those authorized under these provisions shall outline the reasons why the request for exception should be approved. Final salary commitments shall not be made prior to DPADepartment of Personnel Administration (see CalHR)’s approval of exceptions to these provisions.

The following guidelines and standards shall be used in determining salary rates for employees who have resigned or retired from State service and who are being permissively reinstated back into State service.

The hiring authority shall first determine the highest potential salary rate provided for by the DPADepartment of Personnel Administration (see CalHR) Rule 599.677. Upon the hiring authority’s determination that it is in the best interest of the State, a former employee who permissively re-enters State service may receive a salary above the minimum rate, provided that the reinstatement or appointment is:

• Same Class

  • To the same class. The salary rate shall not exceed the rate in the salary range received at the time of separation adjusted for the salary range changes for the class since separation.

• Different Class/Same

  • To a different class with substantially the same salary range as that of the class from which separated. The salary rate shall not exceed the rate the employee could receive if reinstated or reappointed to the same class from which separated.

• Different Class/Lower Salary Range

  • To a different class with a lower salary range than the class from which separated. The employee may receive any rate in the salary range not to exceed the salary rate last received in the class from which separated adjusted for salary range changes of the later class since the separation.

The rate in the salary range an employee receives on reappointment or reinstatement shall be related to the employee’s value to the State. The hiring authority shall determine the former employee’s value to the State as follows:

• Expertise in a particular area in relation to the vacancy. Talent, ability or skill as demonstrated by previous job experience. The scope, depth, and recency of such experience are more significant than length.

• The degree to which an employee exceeds minimum qualifications shall be a guiding factor rather than a determining one. When a large number of prospective employees possess considerably more experience than the minimum, it may not be necessary to appoint above the minimum to acquire unusually well-qualified people.

• The qualifications of State employees already in the same or closely related classes shall be carefully considered since questions of salary equity may arise.

• Recruitment difficulty for the classification and for the geographic area of the vacancy shall be a major determining factor.

Merit salary adjustment dates for persons who reinstate following a separation from State service shall be established in accordance with DPADepartment of Personnel Administration (see CalHR) Rule 559.687.

Employees designated managerial or exempt are not covered by specific provisions governing out-of-class assignment and are not entitled to out-of-class compensation.

• Represented Employees

  • A number of negotiated MOUs provide for compensating represented employees for temporary out-of-class acting assignments. Refer to the specific MOUMemorandum Of Understanding and DPADepartment of Personnel Administration (see CalHR) Rule 599.810.

• Supervisory/Confidential

  • Supervisory and confidential employees who are assigned out-of-class acting assignments may be compensated for performing duties of a higher classification if:

    • The assignment is made in writing prior to performing the duties, and the employee is given a copy of the assignment.

    • The Director certifies that funds are available within the Department’s current budget.

    • The employee assumes the full range and scope of duties of the higher class.

    • The employee performs such duties for more than 15 consecutive working days but no more than 120 calendar days in a fiscal year. (Paid time off shall not break the continuity of work in the higher class.) An employee may be assigned out-of-class work for more than 120 days during a fiscal year only if the Department files a written statement with DPADepartment of Personnel Administration (see CalHR).

• Assignment Process

  • See Section 31060 of this manual for temporary out-of-class acting assignment and approval process.

• Pay Differential

  • Supervisory or confidential employees performing in a higher class for more than 15 consecutive working days shall receive a five percent pay differential or the differential the employee would receive if promoted to the higher class, whichever is greater, for the duration of the assignment.

  • These pay differentials are not part of an employee’s base pay for the purpose of other salary transactions related to subsequent appointments.

• Payment

  • The supervisor of an employee working an out-of-class assignment submits a memorandum to the local personnel office at the end of each pay period. The memorandum shall contain the following information:

    • Name of unit or division.

    • Name of employee.

    • A statement clarifying the reason(s) for the out-of-class assignment.

    • Signed copy of approved out-of-class assignment.

    • Dates employee worked and number of hours, if less than full-time.

    • Signature of supervisor.

  • A denial of an out-of-class compensation claim by the departmental personnel officer may be appealed directly to the Chief Deputy Director, DASDivision of Administrative Services (see ASB).

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Specified employees may be eligible for a housing stipend if employed at certain specified institutions as follows:

• Employees in Bargaining Unit 6 shall receive compensation in accordance with the provisions of the Bargaining Unit 6 Memorandum of Understanding.

• Supervisors and managers of employees in Bargaining Unit 6 shall receive compensation in accordance with the provisions of a pay letter issued by the DPADepartment of Personnel Administration (see CalHR).

The Deputy Director, Human Resources, shall ensure that the content of this Article is accurate and current.

GCGovernment Code §§ 7290 – 7299.8, 13921, 16304.1, 19780, 19836, 19991.4, and 19991.7.

CCRCalifornia Code of Regulations (2) §§ 599.677, 599.687(d), 599.810, 624, 630, 631, and 632.