Chapter 3 – Personnel, Training, and Employee Relations

31060.3 Power of Appointment

• The Agency Secretary is the appointing authority for all civil service positions in the California Department of Corrections and Rehabilitation (CDCRCalifornia Department of Corrections and Rehabilitation).  The Receiver is the appointing authority for all civil service positions in the California Correctional Health Care Services (CCHCS).

• Hiring Authority – The following are delegated authority by the Agency Secretary to make civil service appointments:

  • For CDCRCalifornia Department of Corrections and Rehabilitation:

    • Undersecretaries.

    • Assistant Secretaries.

    • Directors.

    • Deputy Directors.

    • Associate Directors.

    • Wardens.

    • Regional Personnel Administrators.

    • General Manager, California Prison Industry Authority.

  • For CCHCS:

    • Chief Deputy Receiver.

    • Undersecretary.

    • Directors.

    • Deputy Directors.

    • Assistant Deputy Directors.

    • Regional Health Care Executives.

    • Chief Executive Officer.

• In accordance with 28 Code of Federal Regulations (CFR), part 115, standard 115.17, Hiring Authorities shall not hire or promote anyone whose job duties may put them in contact with inmates, who:

  • Have engaged in sexual abuse of an inmate in a prison, jail, lockup, community confinement facility, juvenile facility, or other institution;

  • Have been convicted of engaging or attempting to engage in sexual activity in the community facilitated by force, overt or implied threats of force or coercion, or if the victim did not consent or was unable to consent or refuse; or

  • Have been civilly or administratively adjudicated to have engaged in the activity described immediately above.

• Hiring Authorities shall:

  • Implement and enforce departmental Equal Employment Opportunity (EEOEqual Employment Opportunity Office (see Office of Internal Affairs)) policy.

  • Maintain the highest standards of personnel selection.

  • Ensure that women and ethnic minorities are represented whenever possible on all interview panels, including examination and hiring interviews.

  • Consider substantiated incidents of sexual harassment in all hiring decisions.

  • Provide new and prospective employees with an explanation of the following:

    • A summary of the applicable civil service position, with salary ranges and steps.

    • Information describing where on the California Department of Human Resources website new and prospective employees will find the following:

      • Information on benefits afforded to employees by membership in the Public Employees’ Retirement System.

      • Benefits and protections provided to public employees per the State Civil Service Act.

  • Ask all applicants and employees who may have contact with inmates directly about previous staff sexual abuse and sexual harassment of inmates, in written applications or interviews for hiring or promotions and in any interviews or written self-evaluations as part of reviews of
    current employees.

• Except for appointments requiring approval of the Agency Secretary or the Director, the hiring authority’s signature constitutes departmental approval on all appointment documents.

• Managers and Supervisors – Managers and supervisors shall work with the headquarters personnel analyst assigned to their program, their Institutional Personnel Officer and business manager to ensure:

  • Submittal of accurate job descriptions and organization charts, when required, with proposals for personnel actions, (i.e., establishing new positions, reclassifying existing positions).

  • Clarification of questionable personnel issues (i.e., appropriate classification, use ofhiring lists).

  • Appropriate action is taken for personnel commitments or changes in new/borderline areas.

  • Appointment procedures and practices are consistent with the EEOEqual Employment Opportunity Office (see Office of Internal Affairs) policy of the Department (see DOMDepartment Operations Manual Section 31010).

  • Women and ethnic minorities are represented on all hiring interview panels whenever possible.

  • Employment references are conducted with all prior institutional employers to gather information on substantiated allegations of staff sexual abuse or any resignation during a pending investigation of an allegation of staff sexual abuse.  The efforts made shall be documented on the reference check form.

  • Documentation on CDCRCalifornia Department of Corrections and Rehabilitation forms shall be retained for review regarding the gender and ethnic composition of all interview panels, including both examination and hiring interviews.  Such documentation shall include justification in all instances in which gender or ethnic representation for an interview panel was not possible.

  • New and prospective employees are supplied with the summary of applicable civil service benefits prior to a formalized job offer.

  • Quarterly progress reports are submitted to appropriate division administration noting and justifying all exceptions in which representation of women or ethnic minorities was not possible for a specific interview panel.