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§ 242. Promotions In Place.


Barclays Official California Code of Regulations Currentness
Title 2. Administration
Division 1. Administrative Personnel
Chapter 1. State Personnel Board
Subchapter 1.3. Classifications, Examinations, and Appointments
Article 9. Promotion (Refs & Annos)
2 CCR § 242
§ 242. Promotions In Place.
(a) Except as otherwise provided in subdivision (b), an employee with permanent civil service status, regardless of time base, may receive a promotion in place where all of the following apply:
(1) The employee has demonstrated satisfactory or higher job performance in his or her current position and shown the ability and willingness to succeed at the higher level classification.
(2) The position currently occupied by the employee is reallocated to the “to” class without a change of unit or location.
(3) The employee competed in and passed an examination for the “to” class and is currently placed on the employment list for that examination in one of the top three ranks.
(i) When determining whether the employee is in one of the top three ranks, reemployment and the Department's State Restriction of appointment (SROA) lists shall not be considered, since the promotion in place is an appointment to a classification to which the employee's position has been reallocated, rather than an appointment to a vacant position.
(ii) If the employee to be promoted is not in one of the top three ranks, the appointing power may not try to clear ranks by sending employment inquiries to candidates ranked higher than the employee.
(4) The appointing power documents the reasons why the selected employee was chosen for the promotion in place. The documentation shall be maintained pursuant to section 26.
(b) If some, but not all, eligible employees are selected for a promotion in place, the appointing power shall ensure that those eligible employees not selected are informed in person and in writing of the reasons for the decision and provided the opportunity to obtain the competencies necessary for a promotion in the future. In addition to documenting the reasons for the decision, the appointing power shall document the date and time and any other relevant information regarding the meeting with the employee. This documentation shall be maintained pursuant to section 26.
(c) If there is a true vacancy in the unit, the appointing power may promote in place the employee before filling the true vacancy, if the criteria set forth in subdivision (a) are satisfied. Filling the true vacancy may be subject to the provisions of the Department's SROA program.
Note: Authority cited: Sections 18502, 18660, 18701 and 18804, Government Code. Reference: Sections 18500, 18951 and 19050, Government Code.
1. New section filed 4-27-2017; operative 7-1-2017. Submitted to OAL for filing and printing only pursuant to Government Code section 18211 (Register 2017, No. 17). For prior history, see Register 64, No. 26.
This database is current through 10/8/21 Register 2021, No. 41
2 CCR § 242, 2 CA ADC § 242
End of Document