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California Constitution
ARTICLE 7  PUBLIC OFFICERS AND EMPLOYEES


SECTION 1.  (a) The civil service includes every officer and
employee of the State except as otherwise provided in this
Constitution.
   (b) In the civil service permanent appointment and promotion shall
be made under a general system based on merit ascertained by
competitive examination.



California Constitution
ARTICLE 7  PUBLIC OFFICERS AND EMPLOYEES


SEC. 2.  (a) There is a Personnel Board of 5 members appointed by
the Governor and approved by the Senate, a majority of the membership
concurring, for 10-year terms and until their successors are
appointed and qualified.  Appointment to fill a vacancy is for the
unexpired portion of the term.  A member may be removed by concurrent
resolution adopted by each house, two-thirds of the membership of
each house concurring.
   (b) The board annually shall elect one of its members as presiding
officer.
   (c) The board shall appoint and prescribe compensation for an
executive officer who shall be a member of the civil service but not
a member of the board.



California Constitution
ARTICLE 7  PUBLIC OFFICERS AND EMPLOYEES


SEC. 3.  (a) The board shall enforce the civil service statutes and,
by majority vote of all its members, shall prescribe probationary
periods and classifications, adopt other rules authorized by statute,
and review disciplinary actions.
   (b) The executive officer shall administer the civil service
statutes under rules of the board.



California Constitution
ARTICLE 7  PUBLIC OFFICERS AND EMPLOYEES


SEC. 4.  The following are exempt from civil service:
   (a) Officers and employees appointed or employed by the
Legislature, either house, or legislative committees.
   (b) Officers and employees appointed or employed by councils,
commissions or public corporations in the judicial branch or by a
court of record or officer thereof.
   (c) Officers elected by the people and a deputy and an employee
selected by each elected officer.
   (d) Members of boards and commissions.
   (e) A deputy or employee selected by each board or commission
either appointed by the Governor or authorized by statute.
   (f) State officers directly appointed by the Governor with or
without the consent or confirmation of the Senate and the employees
of the Governor's office, and the employees of the Lieutenant
Governor's office directly appointed or employed by the Lieutenant
Governor.
   (g) A deputy or employee selected by each officer, except members
of boards and commissions, exempted under Section 4(f).
   (h) Officers and employees of the University of California and the
California State Colleges.
   (i) The teaching staff of schools under the jurisdiction of the
Department of Education or the Superintendent of Public Instruction.

   (j) Member, inmate, and patient help in state homes, charitable or
correctional institutions, and state facilities for mentally ill or
retarded persons.
   (k) Members of the militia while engaged in military service.
   (l) Officers and employees of district agricultural associations
employed less than 6 months in a calendar year.
   (m) In addition to positions exempted by other provisions of this
section, the Attorney General may appoint or employ six deputies or
employees, the Public Utilities Commission may appoint or employ one
deputy or employee, and the Legislative Counsel may appoint or employ
two deputies or employees.



California Constitution
ARTICLE 7  PUBLIC OFFICERS AND EMPLOYEES


SEC. 5.  A temporary appointment may be made to a position for which
there is no employment list.  No person may serve in one or more
positions under temporary appointment longer than 9 months in 12
consecutive months.



California Constitution
ARTICLE 7  PUBLIC OFFICERS AND EMPLOYEES


SEC. 6.  (a) The Legislature may provide preferences for veterans
and their surviving spouses.
   (b) The board by special rule may permit persons in exempt
positions, brought under civil service by Constitutional provision,
to qualify to continue in their positions.
   (c) When the State undertakes work previously performed by a
county, city, public district of this State or by a federal
department or agency, the board by special rule shall provide for
persons who previously performed this work to qualify to continue in
their positions in the state civil service subject to such minimum
standards as may be established by statute.



California Constitution
ARTICLE 7  PUBLIC OFFICERS AND EMPLOYEES


SEC. 7.  A person holding a lucrative office under the United States
or other power may not hold a civil office of profit.  A local
officer or postmaster whose compensation does not exceed 500 dollars
per year or an officer in the militia or a member of a reserve
component of the armed forces of the United States except where on
active federal duty for more than 30 days in any year is not a holder
of a lucrative office, nor is the holding of a civil office of
profit affected by this military service.



California Constitution
ARTICLE 7  PUBLIC OFFICERS AND EMPLOYEES


SEC. 8.  (a) Every person shall be disqualified from holding any
office of profit in this State who shall have been convicted of
having given or offered a bribe to procure personal election or
appointment.
   (b) Laws shall be made to exclude persons convicted of bribery,
perjury, forgery, malfeasance in office, or other high crimes from
office or serving on juries.  The privilege of free suffrage shall be
supported by laws regulating elections and prohibiting, under
adequate penalties, all undue influence thereon from power, bribery,
tumult, or other improper practice.



California Constitution
ARTICLE 7  PUBLIC OFFICERS AND EMPLOYEES


SEC. 9.  Notwithstanding any other provision of this Constitution,
no person or organization which advocates the overthrow of the
Government of the United States or the State by force or violence or
other unlawful means or who advocates the support of a foreign
government against the United States in the event of hostilities
shall:
   (a) Hold any office or employment under this State, including but
not limited to the University of California, or with any county, city
or county, city, district, political subdivision, authority, board,
bureau, commission or other public agency of this State; or
   (b) Receive any exemption from any tax imposed by this State or
any county, city or county, city, district, political subdivision,
authority, board, bureau, commission or other public agency of this
State.
   The Legislature shall enact such laws as may be necessary to
enforce the provisions of this section.



California Constitution
ARTICLE 7  PUBLIC OFFICERS AND EMPLOYEES


SEC. 10.  (a) No person who is found liable in a civil action for
making libelous or slanderous statements against an opposing
candidate during the course of an election campaign for any federal,
statewide, Board of Equalization, or legislative office or for any
county, city and county, city, district, or any other local elective
office shall retain the seat to which he or she is elected, where it
is established that the libel or slander was a major contributing
cause in the defeat of an opposing candidate.
   A libelous or slanderous statement shall be deemed to have been
made by a person within the meaning of this section if that person
actually made the statement or if the person actually or
constructively assented to, authorized, or ratified the statement.
   "Federal office," as used in this section means the office of
United States Senator and Member of the House of Representatives; and
to the extent that the provisions of this section do not conflict
with any provision of federal law, it is intended that candidates
seeking the office of United States Senator or Member of the House of
Representatives comply with this section.
   (b) In order to determine whether libelous or slanderous
statements were a major contributing cause in the defeat of an
opposing candidate, the trier of fact shall make a separate, distinct
finding on that issue.  If the trier of fact finds that libel or
slander was a major contributing cause in the defeat of an opposing
candidate and that the libelous or slanderous statement was made with
knowledge that it was false or with reckless disregard of whether it
was false or true, the person holding office shall be disqualified
from or shall forfeit that office as provided in subdivision (d).
The findings required by this section shall be in writing and shall
be incorporated as part of the judgment.
   (c) In a case where a person is disqualified from holding office
or is required to forfeit an office under subdivisions (a) and (b),
that disqualification or forfeiture shall create a vacancy in office,
which vacancy shall be filled in the manner provided by law for the
filling of a vacancy in that particular office.
   (d) Once the judgment of liability is entered by the trial court
and the time for filing a notice of appeal has expired, or all
possibility of direct attack in the courts of this State has been
finally exhausted, the person shall be disqualified from or shall
forfeit the office involved in that election and shall have no
authority to exercise the powers or perform the duties of the office.

   (e) This section shall apply to libelous or slanderous statements
made on or after the effective date of this section.



California Constitution
ARTICLE 7  PUBLIC OFFICERS AND EMPLOYEES


SEC. 11.  (a) The Legislators' Retirement System shall not pay any
unmodified retirement allowance or its actuarial equivalent to any
person who on or after January 1, 1987, entered for the first time
any state office for which membership in the Legislators' Retirement
System was elective or to any beneficiary or survivor of such a
person, which exceeds the higher of (1) the salary receivable by the
person currently serving in the office in which the retired person
served or (2) the highest salary that was received by the retired
person while serving in that office.
   (b) The Judges' Retirement System shall not pay any unmodified
retirement allowance or its actuarial equivalent to any person who on
or after January 1, 1987, entered for the first time any judicial
office subject to the Judges' Retirement System or to any beneficiary
or survivor of such a person, which exceeds the higher of (1) the
salary receivable by the person currently serving in the judicial
office in which the retired person served or (2) the highest salary
that was received by the retired person while serving in that
judicial office.
   (c) The Legislature may define the terms used in this section.
   (d) If any part of this measure or the application to any person
or circumstance is held invalid, the invalidity shall not affect
other provisions or applications which reasonably can be given effect
without the invalid provision or application.



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