California Constitution Article VII - Public Officers and Employees [Sections 1 - 11]
California Constitution – Article VII: Public Officers and Employees
📘 [Sections 1–11]
Purpose of Article VII:
This article establishes the framework for the state civil service system and governs the employment, selection, and discipline of public officers and employees in California.
🔍 Section-by-Section Summary:
§ 1 – Purpose of Civil Service
Declares that civil service appointments and promotions must be made based on merit.
Merit is determined by competitive examinations to ensure fairness and competence.
§ 2 – Application of Civil Service System
All offices and positions in the state government are part of the civil service unless specifically exempted.
§ 3 – Exemptions from Civil Service
Lists those exempt from civil service, including:
Elected officials
Legislative employees
Judicial employees
Certain positions directly appointed by the Governor or other constitutional officers
Temporary or special positions as determined by law
§ 4 – State Personnel Board
Establishes the State Personnel Board (SPB).
SPB has the duty to:
Enforce civil service laws
Oversee disciplinary actions
Conduct exams
Ensure merit-based appointments
§ 5 – Powers of the State Personnel Board
Grants SPB authority to:
Prescribe classifications, exams, and appointments
Review disciplinary actions
Investigate practices
Ensure fairness and integrity in civil service
§ 6 – Creation of Positions
New positions in state service must be created by law or authorized by the State Personnel Board under legislative authority.
§ 7 – Employment Conditions
Allows the legislature to set rules for work hours, compensation, and other conditions for public employees, consistent with merit principles.
§ 8 – Reinstatement Rights
Employees removed from civil service unlawfully or without cause may be reinstated with full rights and benefits.
§ 9 – Disciplinary Actions
Disciplinary actions must be:
For cause
Subject to review by the State Personnel Board
In line with due process protections
§ 10 – Political Activities
Civil service employees may not engage in partisan political activity during working hours or use their official position to influence elections.
§ 11 – Veterans’ Preference
The Legislature may provide preference in civil service hiring for veterans, as permitted by law.
✅ Key Takeaways:
Merit-based employment is the foundation of California’s public service.
The State Personnel Board plays a central role in regulating and protecting the integrity of the system.
Strict rules ensure fairness, accountability, and neutrality, especially regarding hiring and political activity.
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