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California Code of Regulations section 17012
A county is permitted to use its own personnel system to govern the employment of MSS employees, if it first receives approval from CalHR. To do so, the county must send a request to
MSSProgram@calhr.ca.gov. CalHR will review the county's personnel system and may request other documents to assist in its determination that the county's personnel system is consistent with federal requirements.
In its review, CalHR will consider
Procedures and rules for employee recruitment, selection, and advancement
Compensation policies and procedures
Training policies and practices
Performance evaluation standards and procedures, including procedures for correcting and disciplining employees for poor performance
Overall fairness of the Personnel System, including policies regarding equal employment opportunity and discrimination
Rules regarding conflicts of interest including rules protecting employees from coercion for partisan political purposes and prohibiting employees from using their authority to interfere with actions of other relating to elections.
If CalHR approves the county's personnel system, the county must then certify that it is operating its personnel system consistently with the information provided to CalHR and that it will continue to do so. If CalHR denies a county's request to operate all or part of its personnel system, CalHR will provide the reasons for the denial to the county in writing. The county can renew its request at any time.
A county may also apply to CalHR to be allowed to administer a part of its personnel system to MSS employees. To do so, the county would follow the same process as a county seeking to apply its entire personnel system to MSS employees. Once approved, the county can apply the approved process or procedure to MSS employees while the remainder of their personnel system will be administered by CalHR.
Once approved, the county may begin administering all or part of its personnel system to MSS employees. The county must retain records relating to the personnel management of MSS employees and will provide a copy of the retention policy to CalHR on request. If the County has no retention policy, the county will retain records for seven years from the date of action or from the date of separation, whichever is longer.
Once the county is approved to operate its personnel system for MSS employees, it will periodically be audited by CalHR to ensure that its personnel system remains in compliance with federal standards. During the audit, the county may need to meet with representatives of CalHR, provide documentation, allow CalHR representatives to visit the relevant local agencies, and participate in an exit interview. When the draft audit report is completed, it will provided to the county. The county may submit written comments in response to the draft audit and those comments will be included in the final report.
If your county was approved to operate its personnel system by the State Personnel Board prior to January 1, 2014, your county need not reapply to CalHR. However, CalHR may request that the county acknowledge its acceptance of new standards adopted by CalHR.