Article 2 - Upward Mobility

California Government Code — §§ 19400-19406

Sections (6)

§ 19400

Amended by Stats. 2013, Ch. 427, Sec. 68. (AB 1062) Effective January 1, 2014.

It is the intent of this article to establish and maintain an effective upward mobility program for state employees in low-paying occupations. An upward mobility program is one in which career opportunities are developed and published and assistance is provided which will allow employees in low-paying occupations to develop and advance to their highest potential.

§ 19401

Amended by Stats. 2013, Ch. 427, Sec. 69. (AB 1062) Effective January 1, 2014.

All appointing authorities of state government shall establish an effective program of upward mobility for employees in low-paying occupational groups. In developing their upward mobility programs, appointing authorities shall endeavor to provide, to the greatest extent possible, the following opportunities for employees who meet criteria established by the appointing authority, demonstrate the aptitude or potential for advancement, and wish to participate in:

(a)Career counseling using individual professional, administrative, and technical employees who can serve as career models, and a course in group career counseling. Each employee who wishes to participate in an upward mobility program should be

required to develop a career development plan.

(b)Appropriate academic counseling.

(c)Training opportunities such as college programs related to special training programs. This training may include release time at reduced cost or no cost to the employee and may be offered in geographically remote areas through cooperative arrangements with other departments and colleges.

(d)Training and development assignments.

(e)On-the-job training.

(f)Job restructuring, including the development of career ladders and lattices, and modifications of requirements where employment barriers exist.

§ 19402

Amended by Stats. 2023, Ch. 131, Sec. 81. (AB 1754) Effective January 1, 2024.

(a)(1) All upward mobility programs shall include annual goals that include the number of employees expected to progress from entry-level positions to higher level technical, professional, and administrative positions, and the timeframe within which this progress shall occur. For appointing powers that participate in apprenticeship programs, the upward mobility program shall also include annual goals that include the number of employees expected to progress from apprenticeship positions to permanent civil service positions.

(2)The upward mobility goals may include race, gender, LGBTQ, and disability status as factors to the extent permissible under state and federal equal protection and antidiscrimination laws.

(3)The Department of Human Resources shall be responsible for approving each department’s annual upward mobility goals and timetables.

(b)(1) No later than July 1 of each year, each department shall provide a report to the Department of Human Services that demonstrates progress made toward meeting upward mobility goals. At a minimum, this report shall include the number of employees that have progressed from positions in entry-level occupational groups to technical, professional, and administrative positions in the last calendar year. If the appointing authority is unable to meet its annual upward mobility goals and timetables for two consecutive fiscal years, the appointing authority shall include in the report an explanation for why it failed to achieve its goals and what requirements are necessary to facilitate achieving its goals in the subsequent two

fiscal years.

(2)On or before January 1 of the following year after each department provides the report described in paragraph (1), the Department of Human Resources shall provide a copy of the upward mobility goals and the report described in paragraph (1) to the Legislature. The report shall be submitted in compliance with Section 9795.

(3)By July 1, 2024, the Department of Human Resources shall post each department’s upward mobility goals on its internet website.

§ 19403

Amended by Stats. 2013, Ch. 427, Sec. 71. (AB 1062) Effective January 1, 2014.

The department shall, in cooperation with appointing authorities, establish bridging classifications and career ladders to provide upward mobility from jobs in low-paying occupations to technical, professional, and administrative jobs on an ongoing basis.

§ 19405

Amended by Stats. 2013, Ch. 427, Sec. 72. (AB 1062) Effective January 1, 2014.

The department shall annually submit a report to the Legislature on the performance of each appointing authority and agency in state government in meeting its obligations under this article.

§ 19406

Amended by Stats. 1999, Ch. 310, Sec. 17. Effective January 1, 2000.

The State Personnel Board shall prepare written guidelines for implementation of the upward mobility program described in this article within six months from the effective date of this article. The board shall involve representatives from a cross section of groups and organizations representing state employees, including target groups, both in the initial discussion and in the subsequent preparation of the guidelines.