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Frequently Asked Questions

 

 

Why are agencies required to conduct a workforce analysis?Why are agencies required to conduct a workforce analysis?<p>​Agencies must comply with California Government Code Sections 19790, 19791 and Executive Order S-6-04 which requires departments establish an effective equal employment opportunity (EEO) program. In an effort to comply with these mandates, departments shall conduct a workforce analysis annually and provide its report to the CalHR for approval by June 1st each year. Communication of when the department completes this requirement should be made via an email to <a href="mailto:Workforce.Analysis@calhr.ca.gov">Workforce.Analysis@calhr.ca.gov​</a>.</p>
What are the three components of a Workforce Analysis?What are the three components of a Workforce Analysis?<ol><li>​Workforce Composition</li><ul><li>Significant Underutilizations</li><li>Non-Job-Related Barriers</li></ul><li>Persons with Disabilities</li><ul><li>Underrepresentation</li><li>Hiring Goals and Action Plans</li><li>Limited Examination and Appointment Program</li><li>Disability Advisory Committee</li></ul><li>Upward Mobility Program</li><ul><li>Upward Mobility Classification Identification</li><li>Upward Mobility Program Plan/Handbook</li><li>Hiring Goals and Action Plans</li></ul></ol>
How can a department access the Workforce Analysis Dashboard?How can a department access the Workforce Analysis Dashboard?<p>​Email <a href="mailto:Workforce.Analysis@calhr.ca.gov">Workforce.Analysis@calhr.ca.gov </a>from your department email account to request access. In the email, provide your contact information and your role within your department. Please also include your supervisor's contact information so that we may update our records. This contact information will be used for future communications with your department.<br></p>
Besides gathering information from the departmental demographic reports, what else is required to complete the Workforce Analysis?Besides gathering information from the departmental demographic reports, what else is required to complete the Workforce Analysis?<p>​If your UA report identifies statistically significant underutilizations of any protected group within the relevant labor force for any of the occupational groups employed in your department, you need to determine whether non-job-related barriers impact candidates of the underrepresented group who seek employment in your department. If such barriers are identified, you are required to develop a plan to eliminate them.</p><p>If your department's representation of persons with disabilities falls below 80% of the state parity goal, your department needs to set its own goal to hire persons with disabilities so as to increase its level of representation. Your department also needs to develop a plan to meet this goal and report on good-faith efforts that have been made in the past year to increase representation of persons with disabilities.</p><p>If your department uses both low paying and entry-level technical, professional and administrative positions as defined in CCR § 599.981, you need to set an Upward Mobility (UM) hiring goal. You must report the amount of funding dedicated to your department's UM program, develop a UM plan, and report on good-faith efforts that have been made in the past year to increase participation in your department's UM program.</p>
What is the Dymally-Alatorre Bilingual Services Act (Act)?What is the Dymally-Alatorre Bilingual Services Act (Act)?<p>​The Act is the law that requires departments provide language access services to California’s non-English speaking population. The language survey is the tool used to capture and measure the level of public contacts received in the agencies and the number of public contact employees in each to provide an equal level of service to Non-English or limited English speaking individuals seeking services. If a department receives a substantial number of non-English contacts (5 percent or more), it is required to provide bilingual services and hire certified bilingual employees. Conducting the language survey every even numbered year and providing language access services to California’s non-English or limited English speaking population seeking government services is mandated by the Dymally-Alatorre Bilingual Services Act (8290-7299.8). CalHR is responsible for contacting the departments and informing them of the responsibility to conduct the language survey.</p>
Can my department request an exemption from participating in the language survey?Can my department request an exemption from participating in the language survey?<p>​Agencies can request an exemption if:</p><ul><li>The department's primary mission does not include responsibility for furnishing information or rendering services to the public</li><li>The department has consistently received such limited public contact with the non-English speaking public that it has not been required to employ bilingual staff under Government Code § 7292 and the department employs fewer than the equivalent of 25 full-time employees in public contact positions. (Government Code Section 7299.5)</li></ul><p>Receiving an exemption from the survey does not excuse a department from providing customer service to its non-English or limited English speaking clients. (Government Code 7299.8)</p>
What is the Language Survey and Implementation Plan (LSIP) online system and how does it work?What is the Language Survey and Implementation Plan (LSIP) online system and how does it work?<p>​The LSIP is the tool used by agencies to collect and measure the survey data. The information collected on the language survey tally form is uploaded to the LSIP by the department’s designated language survey coordinator. The LSIP was designed to collect both the language survey information data and the implementation plan which is the department’s corrective action plan to address deficiencies. Once the language survey data is collected by the agencies language survey coordinator, analyzed and sent to CalHR, departments that reported actual deficiencies will have a year to correct their actual position and or written document deficiencies.</p>
How is the LSIP online system accessed?How is the LSIP online system accessed?<p>​The language survey coordinator contacts CalHR’s Office of Civil Rights (OCR) and receives instructions to set-up a username and password to gain access to the LSIP online system.</p>
Does CalHR provide training on accessing the LSIP online system and conducting a meaningful language survey?Does CalHR provide training on accessing the LSIP online system and conducting a meaningful language survey?<p>​Training modules, PowerPoint presentations and documents are available at the LSIP online system access page. Communication is maintained with each Language Survey Coordinator via-email and telephone calls. Questions can be sent to the OCR at <a href="mailto:bilingual@calhr.ca.gov">bilingual@calhr.ca.gov</a>.</p>
What does CalHR do with the language survey results?What does CalHR do with the language survey results?<p>​CalHR reviews the results of the language survey and implementation plans, compiles the data and provides a report to the Legislature every two years CalHR also reports on departments compliance with the Act to the Legislature during budget committees and special hearings when asked. (Government Code Section 7299.5)</p>
What is the Bilingual Oral Fluency Examination?What is the Bilingual Oral Fluency Examination?<p>​The oral fluency examination is the exam designed to measure and certify a bilingual person’s speaking ability in a non-English language.</p>
Who administers the Bilingual Oral Fluency Examination?Who administers the Bilingual Oral Fluency Examination?<p>Any state agency may directly or by contract develop and provide language proficiency testing in accordance with ASTM Standard F2889 with a pass point at least equivalent to "2" in Listening and Speaking on the ILR scale. For more information, see <a href="http://hrmanual.calhr.ca.gov/Home/ManualItem/1/1003">Human Resources Policy 1003​</a>.<br></p>
Are certified bilingual employees qualified to translate documents?Are certified bilingual employees qualified to translate documents?<p>​No. Bilingual employees certified by CalHR and agencies with delegated testing authority are certified only to possess fluency in a non-English language. Certified bilingual employees who pass the oral bilingual exams may not possess the expertise to ensure accurate written translation of documents and are not required to translate documents or interpret in formal settings.</p>
How can a department request to have an employee take the Bilingual Oral Fluency Examination?How can a department request to have an employee take the Bilingual Oral Fluency Examination?<p>Speak with your contracting unit about securing a vendor that suits your needs. Be sure to include language that ASTM Standard F2889 will be followed.<br></p>
Can a certified bilingual employee serve as an interpreter at an administrative hearing or medical consultation?Can a certified bilingual employee serve as an interpreter at an administrative hearing or medical consultation?<p>​No. Certified bilingual employees are certified to provide language access via oral communication with the department’s non-English speaking public contacts only. The department should rely on the list of administrative hearing and medical interpreters that are tested at a higher level and whose skills are such they can interpret and translate in formal settings. The Administrative Hearing and Medical Interpreter List is found on CalHR’s website and is updated yearly. Release of the list is communicated to department Directors and language survey coordinators.</p>
What types of documents is my department required to translate?What types of documents is my department required to translate?<p>​If the department met the 5 percent threshold in the latest language survey in any language, the department is required to make available translations of the department’s “documents that allow the non-English speaking public access to benefits and services provided by the department. The Act under Government Code Section 7295 states that any materials explaining services available to the public shall be translated. Departments can use certified bilingual employees to explain the documents until they are able to have these translated. Departments should contract with a vendor that has skilled translators.</p>
Can a department use Google Translation software to take care of all of its bilingual requirements?Can a department use Google Translation software to take care of all of its bilingual requirements?<p>​No. Google Translation software cannot address all of your bilingual requirements. Although it is a tool that many agencies use to translate components of its website, CalHR recommends departments using this software post a disclaimer protecting the department from any liability in the event translation is incorrect.</p>
How can managers and supervisors utilize the Limited Examination and Appointment Program (LEAP) to fill vacant positions?How can managers and supervisors utilize the Limited Examination and Appointment Program (LEAP) to fill vacant positions?<ul><li>​Job ads can include the statement ‘LEAP candidates encouraged to apply’.</li><li>Consider customization of requests for ECOS reports to include more than 50 names of LEAP eligible.</li><li>Include the California Relay Service number, 7-1-1, to facilitate communication with applicants who have hearing impairments.</li><li>For departments with their own online job application system, ensure the option of submitting paper job applications is retained.</li></ul>
How do I administer the Disability Survey?How do I administer the Disability Survey?<p>​When requested, state entities are provided a unique link and information to consider during survey periods.<br>Requests for the Disability Survey should be sent to <a href="mailto:civilrights@calhr.ca.gov">civilrights@calhr.ca.gov</a>.</p>

FAQ Categories

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Personnel Policies

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01. What happens when a department nears the end of its initial delegation period?01. What happens when a department nears the end of its initial delegation period?<p>​CalHR’s Personnel Management Division (PMD) will initiate renewal of delegation agreements prior to the end of the initial delegation period for each department that has shown a satisfactory pattern of compliance with delegation requirements. A department demonstrates a satisfactory pattern of compliance when it: <br> <br><br>Regularly submits complete and accurate monthly reports on time;<br><br>Stays within its PMD-approved salary cap;<br><br>Exercises good judgment and adheres to applicable laws, rules, principles and policies;<br><br>Responds to PMD requests for supporting documentation of any action taken with its delegated authority;<br><br>Cooperates with PMD direction when “spot audits” reveal areas for improvement;<br><br>Keeps lines of communication open with its PMD consultant; and<br><br>Submits departmental organizational charts annually.</p>
02. Will new Delegation Agreements have to be signed each time one of the signatories changes? 02. Will new Delegation Agreements have to be signed each time one of the signatories changes? <p>​PMD anticipates annual re-signing of Delegation Agreements will typically be sufficient to update signatories. If significant turnover of multiple signatories in a department creates the need, PMD may opt to refresh the Delegation Agreements before the regular annual renewal. </p>
03. When are reports due and what period should they cover?03. When are reports due and what period should they cover?<p>​Reports are due by the 10th of each month, covering the reporting period of the prior calendar month (e.g., the report due on August 10th covers the month of July). Reports must be submitted by email in Excel format to the department’s assigned PMD consultant with a copy to the Delegation.Project@calhr.ca.gov inbox.</p>
04. Will monthly reporting via emailed spreadsheets to PMD continue indefinitely?04. Will monthly reporting via emailed spreadsheets to PMD continue indefinitely?<p>​PMD is working to create an online reporting portal to replace the current email and spreadsheet process. Our hope is to offer this functionality by the end of 2015.</p>
05. When are organizational charts due for delegated departments?05. When are organizational charts due for delegated departments?<p>​As stated in the Exceptional Allocation Delegation Agreement, annual submission of departmental organizational charts is required by January 1st.</p>
Does a delegated department have to contact the State Controller’s Office when an unlawful appointment will stand?Does a delegated department have to contact the State Controller’s Office when an unlawful appointment will stand?<p>​No. As no action needs to be taken on the employee’s work history, the final determination letter does not need to be sent to the State Controller’s Office.</p>
Does an unlawful appointment have to be voided before the one-year statute elapses?Does an unlawful appointment have to be voided before the one-year statute elapses?<p>​No. The “action” referred to in Government Code 19257.5 means that the final determination letter must be dated and mailed one day before the one-year anniversary of the unlawful appointment effective date. PMD recommends mailing unlawful appointment determination letters with a certified “return receipt.”</p>
Does delegation allow departments to exceed the Attorney IV allocation ratios found in the Bargaining Unit 2 Memorandum of Understanding (MOU)?Does delegation allow departments to exceed the Attorney IV allocation ratios found in the Bargaining Unit 2 Memorandum of Understanding (MOU)?<p>​Yes. The Bargaining Unit 2 MOU permits PMD to approve Attorney IV positions in excess of the allocation ratios. Prior to delegation, departments submitted requests for such positions to PMD using form STD. 625 because Attorney IV positions in excess of the allocation ratios found in the MOU are considered exceptional allocations. Authority to approve exceptional allocations is now delegated to departments that have valid, signed delegation agreements. If a department uses an Attorney IV as an exceptional allocation, the department must justify and document the allocation, and report it to PMD on the monthly reporting worksheet.</p>
Does the CEA salary cap include “comma CEAs” or pay differentials?Does the CEA salary cap include “comma CEAs” or pay differentials?<p>​No. The CEA salary cap is limited to classification code 7500 CEAs and does not include any pay differentials received by the CEAs. Pay differentials are not counted for or against the CEA salary cap.</p>
Government Code 19757 states that CalHR “may” void an unlawful appointment if action is taken within a year from the appointment. Does the word “may” imply that delegated departments have the discretion not to void an unlawful appointment?Government Code 19757 states that CalHR “may” void an unlawful appointment if action is taken within a year from the appointment. Does the word “may” imply that delegated departments have the discretion not to void an unlawful appointment?<p>​No. Delegated departments do not have the discretion to “ignore” an unlawful appointment when they become aware of it. By signing the Unlawful Appointment Investigation Delegation Agreement, delegated departments agree to “comply with the laws and rules governing equitable administration of the civil service merit system.” CalHR’s training website provides more information on the merit system.</p>
How can a CEA be vacant for five years when Government Code 12439 sweeps vacancies after six months? How can a CEA be vacant for five years when Government Code 12439 sweeps vacancies after six months? <p>​Government Code 12439 applies to positions. The “CEA concept” is distinct from the position. The CEA concept comprises the body of duties and scope of policy responsibility that the State Personnel Board (SPB) approved as meeting the CEA category definition. A CEA concept itself is not tied to a particular position at the time of its establishment by the five-member board. If a department loses the funding for a vacant CEA position after six months, that sweep of funds does not remove the authority SPB granted the department to have a person in the CEA classification perform that specific body of work. In other words, the concept survives even if funding changes.</p>
How is a “truly exceptional allocation” different from a misallocation?How is a “truly exceptional allocation” different from a misallocation?<p>​A “truly exceptional allocation” exists when there is some unique aspect to the duties and responsibilities of a position that make its classification the “best possible fit” but not a “perfect fit” for the work normally performed in that classification. A misallocation exists when a different classification in state service better fits the duties of the position.</p>
How long will PMD allow an inactive or vacant CEA concept to count toward the department’s CEA salary cap?How long will PMD allow an inactive or vacant CEA concept to count toward the department’s CEA salary cap?<p>​PMD considers a CEA concept to be “inactive” if it remains unfilled for six months or more. Inactive CEA concepts continue to count toward the CEA salary cap for up to five years. When a CEA concept has been unfilled for five years, CalHR considers the CEA concept “abolished” by default and will no longer count that CEA concept toward the department’s CEA salary cap. </p>
If a delegated department discovers a potential unlawful appointment before it has been keyed but after the employee has begun working, should the department knowingly key the unlawful appointment?If a delegated department discovers a potential unlawful appointment before it has been keyed but after the employee has begun working, should the department knowingly key the unlawful appointment?<p>​If the employee is new to state service, yes, the department may have to key the unlawful appointment in order to pay the employee for the work already performed. If the employee is already a state employee, the department may be able to use alternative means, such as an out-of-class assignment, to pay the employee for the work performed rather than knowingly keying an unlawful appointment. If a department has other means to pay the employee but knowingly keys the unlawful appointment anyway, the appointment will likely be considered to have been made in bad faith by the department.</p>
If a delegated department discovers a potential unlawful appointment of an employee into a limited-term position, should the department simply terminate the limited-term appointment?If a delegated department discovers a potential unlawful appointment of an employee into a limited-term position, should the department simply terminate the limited-term appointment?<p>​No. The department must investigate the potential unlawful appointment and then take action as it would for any other unlawful appointment. Terminating the limited-term appointment alone does not void the appointment and could inappropriately enable the employee to use the limited-term unlawful appointment experience to qualify for promotional examination and appointments. </p>
If a delegated department discovers a potential unlawful appointment of its current or potential employee that occurred at another department in the past, how should that investigation be handled?If a delegated department discovers a potential unlawful appointment of its current or potential employee that occurred at another department in the past, how should that investigation be handled?<p>​Delegated departments do not have authority to investigate other departments’ unlawful appointments. The discovering department should inform its PMD consultant and PMD will refer the matter to the appropriate department for investigation.</p>
If a delegated department discovers an unlawful appointment that is beyond the one-year statute, does it still have to investigate and send notification letters to the employee?If a delegated department discovers an unlawful appointment that is beyond the one-year statute, does it still have to investigate and send notification letters to the employee?<p>​Yes. Once a delegated department has discovered a potential unlawful appointment, even if it is more than one year old, the department has a responsibility to investigate and resolve the potential unlawful appointment. This is the same standard that PMD and SPB upheld prior to delegation. The one-year statute of limitations on unlawful appointments found in Government Code 19257.5 applies only to appointments made and accepted in good faith. Therefore, an investigation must still be conducted to determine whether good faith existed when the appointment was made and accepted. If the appointment was not made and accepted in good faith, the one-year statute of limitations does not apply and the appointment must be voided under California Code of Regulations, Title 2, Section 266.</p>
If a department converts a CEA position to an Exempt, how should that be handled on the monthly report to CalHR and how does that impact the CEA salary cap?If a department converts a CEA position to an Exempt, how should that be handled on the monthly report to CalHR and how does that impact the CEA salary cap?<p>​When a CEA position is converted to an Exempt, PMD may issue an addendum that lowers the department’s overall salary cap by removing the converted CEA concept. The department should not use the salary cap dollars associated with that converted CEA concept to enable increases for the other remaining CEAs. Contact the department’s assigned PMD consultant for further instruction.</p>
If a department has signed a delegation agreement, under what circumstances would it still have to submit a form STD. 625 and justification to PMD?If a department has signed a delegation agreement, under what circumstances would it still have to submit a form STD. 625 and justification to PMD?<p>​Circumstances in which a delegated department must still submit a STD. 625 form to PMD include, but may not be limited to, the following:<br> <br>To request an exception to the 180-day retired annuitant waiting period, per PML 13-001.<br>To request use of another department’s department-specific classification.<br>To use a Peace Officer/Firefighter (POFF) or Safety retirement classification in a new or different way from what PMD previously approved.<br>To comply with a PMD consultant’s request to “spot-audit” the documentation justifying any reported exceptional allocation.</p>
If a department previously received approval via form STD. 625 for use of a class that was restricted under PML 2007-026 or by its MCR code, do the positions have to be reported on the exceptional allocation worksheet?If a department previously received approval via form STD. 625 for use of a class that was restricted under PML 2007-026 or by its MCR code, do the positions have to be reported on the exceptional allocation worksheet?<p>​Delegated departments must report all truly exceptional allocations to PMD, even if original approval to use the exceptional allocation came from PMD prior to delegation. If a department uses a class that was formerly restricted either by PML 2007-026 or by its MCR code in a way that meets the typical allocation standards, that position is not considered a truly exceptional allocation and should not be reported on the monthly worksheet.</p>
If a department realizes a position has been a long-time exceptional allocation, but cannot find records that PMD approved it prior to delegation, should the department still report this on its monthly reporting worksheet?If a department realizes a position has been a long-time exceptional allocation, but cannot find records that PMD approved it prior to delegation, should the department still report this on its monthly reporting worksheet?<p>​Yes. If a department has no documentation that PMD previously approved an exceptionally allocated position, the department must still report the position on the monthly reporting worksheet, with an approximate date of its original approval. In addition, to be compliant with PMD expectations for delegation audit purposes, the department must internally generate a new justification package to properly document the exceptional allocation. Once the new justification package is completed, the approval date by the personnel officer will be the date approved under delegated authority.</p>
If a department routinely uses another department’s classification, does it have to treat each one as an exceptional allocation?If a department routinely uses another department’s classification, does it have to treat each one as an exceptional allocation?<p>​Yes. PMD considers each position use to be an exceptional allocation because the borrowed classification was designed and created for use in the “owning” department. Any use outside of the owning department is considered exceptional. Delegated departments must document each use of another department’s classification as an exceptional allocation, which includes reporting them to PMD on the monthly exceptional allocation reporting worksheet. This information will assist PMD in determining whether department-specific classifications may be more appropriately broadened to a service-wide classification. PMD may make exceptions to this requirement on a case-by-case basis to ensure efficiency.</p>
If there is overlap between an outgoing CEA and his/her replacement, does this impact the salary cap?If there is overlap between an outgoing CEA and his/her replacement, does this impact the salary cap?<p>​​To address the critical need for succession planning, departments may allow an overlap of employees in a CEA concept while the outgoing incumbent orients and mentors the new appointee. The duration of the overlap for such knowledge transfer may last up to four months. During the overlap period, departments should put the new appointee’s name in the incumbent column of the monthly CEA reporting worksheet, and put the outgoing CEA incumbent’s name in the comments column of the report, with a note indicating the overlap is due to knowledge transfer. Only the new appointee’s salary will be counted against the department’s cap during that period.</p>
Is the new Attorney V classification considered an exceptional allocation?Is the new Attorney V classification considered an exceptional allocation?<p>​No. Uses of the Attorney V classification for positions that meet the classification specification and allocation guidelines (HR NET access required) are not considered exceptional allocations and do not have to be reported on the monthly reporting worksheet.</p>
Is the new Information Technology (IT) Specialist III classification automatically considered an exceptional allocation? It is designated as MCR 0.Is the new Information Technology (IT) Specialist III classification automatically considered an exceptional allocation? It is designated as MCR 0.<p>​No. Uses of the IT Specialist III classification for positions that meet the classification specification and allocation guidelines (HR NET access required) are not considered exceptional allocations and do not have to be reported on the monthly reporting worksheet.</p>
Is the use of the Staff Services Manager I (SSM I) classification in a specialist (non-supervisory) capacity an exceptional allocation that should be reported to PMD as a requirement of the delegation agreement?Is the use of the Staff Services Manager I (SSM I) classification in a specialist (non-supervisory) capacity an exceptional allocation that should be reported to PMD as a requirement of the delegation agreement?<p>​Yes. Although the SSM I classification specification does mention a non-supervisory concept, the primary use of the classification is as a supervisor, with the specialist being used rarely and as an exception to the standard, intended use of the classification. Therefore, delegated departments using the SSM I class in a specialist capacity must write a justification memo for the allocation, obtain internal departmental personnel officer approval of the truly exceptional allocation using the STD. 625 form, and must report the exceptional allocation to PMD on the monthly reporting worksheet. The same applies to the SSM II classification used as a specialist. Refer to Pay Scale Section 2 for more information on the appropriate collective bargaining identifier for a supervisory classification used as a specialist.</p>
May a delegated department increase the pay of a CEA more than five percent annually?May a delegated department increase the pay of a CEA more than five percent annually?<p>​Yes. A delegated department may provide a CEA an increase of greater than five percent if the department can accommodate the increase without exceeding its PMD-established salary cap. However, a five percent increase is a best practice that helps departments maintain equity and enables departments to consider future CEA salary movement needs while remaining within the established salary cap. The department must justify and document its internal approval of the salary exception using the CalHR 881 form for its records and in case of an audit. Departments must manage their own CEA salary program responsibly within their salary cap. Per the CEA Delegation Agreement, CEA salary adjustments made under delegated authority shall not result in increases to the department’s budget or to the department’s overall CEA salary cap.</p>
May a delegated department negotiate pay for a new CEA candidate other than as defined in California Code of Regulations (CCR), title 2, Section 599.991?May a delegated department negotiate pay for a new CEA candidate other than as defined in California Code of Regulations (CCR), title 2, Section 599.991?<p>​Yes. A delegated department may negotiate pay upon appointment of a CEA in excess of what is described in CCR 599.991 if the department can accommodate the increase without exceeding its PMD-established salary cap. The department must justify and document its internal approval of the salary exception using the CalHR 881 form for its records and in case of an audit. Departments must manage their own CEA salary program responsibly within their salary cap. Per the CEA Delegation Agreement, CEA salary adjustments made under delegated authority shall not result in increases to the department’s budget or to the department’s overall CEA salary cap.</p>
May a delegated department pay a CEA above its level?May a delegated department pay a CEA above its level?<p>​Yes. A delegated department may pay a CEA above the max of its level if the department can accommodate the increase without exceeding its PMD-established salary cap. The department must justify and document its internal approval of the salary exception using the CalHR 881 form for its records and in case of an audit. Departments must manage their own CEA salary program responsibly within their salary cap. Per the CEA Delegation Agreement, CEA salary adjustments made under delegated authority shall not result in increases to the department’s budget or to the department’s overall CEA salary cap.</p>
May a delegated department pay a CEA above the max of Level C even if it is not an attorney, engineer or physician?May a delegated department pay a CEA above the max of Level C even if it is not an attorney, engineer or physician?<p>​Yes. A delegated department may pay a CEA that is not an attorney, engineer or physician above the max of Level C (into what has historically been considered the “restricted zone”) if the department can accommodate the increase without exceeding its PMD-established salary cap. (As of June 9, 2015, the maximum of the CEA pay range is $14,058 per month. This may be adjusted in the future as a result of general salary increases.) The department must justify and document its internal approval of the salary exception using the CalHR 881 form for its records and in case of an audit. Departments must manage their own CEA salary program responsibly within their salary cap. Per the CEA Delegation Agreement, CEA salary adjustments made under delegated authority shall not result in increases to the department’s budget or to the department’s overall CEA salary cap.</p>
May a department hire a retired annuitant into the CEA classification if that retired annuitant was a CEA prior to retirement?May a department hire a retired annuitant into the CEA classification if that retired annuitant was a CEA prior to retirement?<p>​A retired annuitant should only be appointed to a class that is appropriate for the duties to be performed. Per the Classification and Pay Guide, Section 400, a retired annuitant may only be appointed to a CEA position if the position’s concept has been established by the State Personnel Board and the retired annuitant is to perform the specific approved duties of that CEA concept. A retired annuitant must have reinstatement eligibility for any classification to which he or she is appointed, as outlined under Government Code 19144. PMD recommends making any such appointment as brief in duration as possible to meet organizational needs.</p>
Should a department include known “misallocations” on its monthly exceptional allocation reporting worksheet?Should a department include known “misallocations” on its monthly exceptional allocation reporting worksheet?<p>​No. Delegated departments should not list known “misallocations” on the monthly exceptional allocation reporting worksheet. A misallocation is not the same as an exceptional allocation. If a department knows it has a misallocated, filled position, the department must contact its PMD consultant to discuss corrective options.</p>
When a new CEA is established, is the department’s CEA salary cap adjusted?When a new CEA is established, is the department’s CEA salary cap adjusted?<p>​Yes. PMD will issue an addendum to the delegation agreement, amending the salary cap to accommodate the new CEA. Departments must complete the CalHR 881 form, including the proposed level and salary, and submit the new CEA request package to the assigned PMD consultant to establish a new CEA. Once the new CEA is approved, the department will receive a salary cap addendum.</p>
When an unlawful appointment is voided, may the employee still use the experience gained in the unlawful appointment to apply for other examinations or to count toward movement to a higher alternate range?When an unlawful appointment is voided, may the employee still use the experience gained in the unlawful appointment to apply for other examinations or to count toward movement to a higher alternate range?<p>​No. When voided, the unlawful appointment is treated as if it never occurred for all aspects of the appointment except what is defined as “compensation” by California Code of Regulations, Title 2, Section 9. “Compensation” as used in Government Code Section 19257 does not include tenure in a position, seniority credits, permissive reinstatement, eligibility, mandatory reinstatement rights, eligibility to take promotional examinations, career credits, permanent or probationary status and service toward completion of the probationary period; nor continuity of service when used to determine the employee's right to or eligibility for any of the foregoing.</p>
When does compaction with a CEA occur, and what are the considerations?When does compaction with a CEA occur, and what are the considerations?<p>​CalHR’s historical policy and past practice has been that compaction exists where a CEA’s negotiated maximum salary is not 2.5% to 5% greater than the maximum salary of the highest subordinate classification reporting to the CEA. <br><br>In addition to the compaction differential listed above, per the CEA Delegation Agreement, there are additional considerations that need to be made in order to confirm that a compaction differential is appropriate:</p><p> </p><ol><li>Salary compaction for a CEA only occurs in cases where the CEA carries the same technical/professional responsibility, including the possession of the required licensure/certifications, as the employee(s) who report directly to them. For example, if a CEA is only providing administrative oversight, it would not be appropriate to provide the CEA a salary increase based on compaction with a higher paid subordinate classification.</li><li>Departments shall not intentionally create salary compaction via a reorganization or other means to inflate the level allocation or salaries if there is no documented, legitimate business need driving the reorganization or request.</li><li>A CEA may report to a CEA of the same level as long as a compaction differential of at least 2.5% to 5% is maintained, and all other compaction considerations are met.<br></li></ol><p>If a department is seeking a salary increase for a CEA due to compaction, and are not requesting an increase to their CEA salary cap, departments shall document the increase on the CalHR-881 and report the increase on their Delegation Report. </p><p> </p><p>If a department is seeking a salary increase for a CEA due to compaction, and are also requesting an increase to their CEA salary cap, departments shall send the request to their PMD Consultant for approval. The request should include the completed CalHR-881, the current organization chart, and the proposed organization chart (if applicable). CalHR may approve a higher negotiated maximum salary due to compaction.</p><p><br>If you are considering a salary adjustment due to compaction, please contact your PMD Consultant for further information.</p>

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