Attachment to ASL 02-03

 

CALIFORNIA AIR RESOURCES BOARD

HIRING PROCEDURES GUIDE

March 2002

Image:  Job Applicant


Prepared By:
Air Resources Board
Office of Human Resources



Table of Contents


Before the Interview

SROA/Surplus Employee Procedures

Reference Checks/Evaluating Suitability

Reviewing Potential Employee's Official Personnel File

Hiring Confirmation Letter

Competitive Rating Report

Notification of Candidates

Employment Eligibility Verification

Educational Verification

Moving and Interview Expenses

Hiring Above Minimum (HAM)

Bilingual Differential Pay

Medical Clearance

Alternate Ways to Fill a Position

Forms

Attachments

Links


Forms


Attachments


Links


Air Resources Board

Hiring Procedures Guide

Introduction

You, as the hiring manager or supervisor, play a critical role in effective, successful and legal hiring. Knowing you have selected a candidate who possesses the qualifications and experience for your position will be your reward for taking time to hire qualified employees. Good staffing decisions are critical to the effective operation of any organization. Hiring the "right" candidate can make Image: New Employeemanaging your program less difficult and make your job as a supervisor easier.

The first step in the development of an effective work unit is the selection of staff. It has been said that if we spent as much time in the selection process as we do dealing with personnel "issues" we would minimize, if not eliminate these "issues."

To select the right employees, you must have a clear understanding of what positions need to be filled and what kind of knowledge, skills and abilities are needed to do the jobs effectively.

This reference guide has been developed to provide you with tips and techniques to help you selectthe "best" possible candidate and prepare the paperwork necessary to achieve this goal. Incorporated in this guide are suggestions on what to do before an interview and how to evaluate the candidates overall suitability for a position in your division/office.

Learning about, and carrying out, effective hiring practices may seem like a lot of trouble. When tempted to look for shortcuts, a supervisor should bear in mind the significance of the hiring interview. For any new employee, the Air Resources Board (ARB) will spend tens, maybe hundreds, of thousands of dollars on salary, benefits and training. Thus, it is at least important to collect the information needed for making the right hiring decision, as it is to do the research for making other investments of comparable size. Viewed in this light, carefully preparing for and conducting a selection interview is well worth the time and effort expended.

Request for Personnel Action (RPA) Package

  • The Request for Personnel Action Form (RPA, ASD/OHR-33B), is approved by the hiring supervisor, Branch/Division/Office Chief, and the ASD Human Resources (HR) Analyst before any recruitment activity can begin. RPAs are required for most personnel transactions EXCEPT modifications to work schedules or range changes.
  • A Duty Statement (ASD/PMB-12) should contain a brief explanation of the section's mission, describe the specific duties of the position in terms of essential and marginal job functions, indicate percentage of time for each responsibility, and discuss how the duties of the position relate to the section. When a position is proposed for reclassification, both the current and proposed duty statements must be included in the RPA package. Both supervisor and employee must sign duty statements. It is the supervisor's responsibility to give a copy of the final signed duty statement to the employee and the HR Analyst.
  • An Organization Charts showing employee names, civil service classifications, and reporting relationships should accompany every RPA except those involving separations.
  • If the organizational structure has changed as a result of the transaction (for example, if a position is transferred from one section to another), two charts are necessary -- a current chart reflecting the existing reporting relationship of the position prior to the transaction, and a proposed chart reflecting the reporting relationship following the reclassification. For major realignments/reorganizations, Department of Personnel Administration (DPA) and Executive Office approval is also required prior to making any personnel changes.
  • The Job Opportunity Bulletin (ASD/OHR-220) should explain the mission of the section, duties of position, and the characteristics sought in the applicant group. All vacancies must be announced for a minimum of two weeks and should indicate a final filing date by which candidates must submit their applications. If the job announcement is more than three months old, the hiring supervisor should consider reissuing the announcement before filling the position.
  • The Memoranda of Justification (refer to attachment 1) must be prepared for all reclassifications, movement of positions between sections, or positions new to a section (such as BCPs and transfers). For the latter, the memo must address the new program responsibilities the section must perform. Because duty statements and organization charts do not typically provide sufficient information to support these requests, the memorandum must include:
    • General Background -- role of division/section; duties performed when the position was originally established; how the position's duties relate to the division's program, and an explanation of what caused a change in duties; and/or movement of the position;
    • Class Concept -- the concept of both the current and proposed position as stated in the class specification;
    • The Position -- the responsibilities of the proposed duties of the position and why the proposed classification is justified;
    • Departmental Comparisons -- comparison of the use of the class in other related settings outside of ARB. This only applies to servicewide classifications such as clerical, analysts, legal, IT, business services, and accounting classes.

In order to comply with DPA delegation rules, RPAs will not be approved nor Job Opportunity Bulletins (JOBs) released unless all pertinent documents are attached. For new BCP positions, this includes a proposed duty statement and justification; for reclassifications, this includes both current and proposed duty statements as well as the justification. JOBs cannot be released unless the proposed duty statement has been approved by the HR Analyst.

The Personnel Services Specialist (PSS) will not key appointments/promotions until the HR Analyst has signed off on the RPA AFTER all documents are received. Staff may not see any increases on warrants received the same month RPA packages are sent to the Office of Human Resources (OHR) for processing.

Before the Interview

After you have submitted the signed RPA package to recruit for your vacant position, you will submit the duty statement and job ad for review and release. The next step is to review the applications and determine appointment eligibility. Verify that applicants have eligibility to be appointed to the classification you are filling. The following information will assist you in determining if applicants are eligible for appointment to your classification:

  • Open or Promotional List Hire - Consult your assigned HR Analyst for list eligibility. If the potential hire is on a list for another department, the HR Analyst will determine transfer of list eligibility.
  • Lateral Transfer - Consult your assigned HR Analyst to determine transfer eligibility.
  • Trainin and Development Assignment - Consult your assigned HR Analyst to determine eligibility for participation.
  • Reinstatement - You may ask the candidate to provide you with proof of eligibility, and then ask your assigned HR Analyst to verify the information
Image:  Note....
Note: You do not need to interview candidates who do not meet the minimum qualifications for transfer or appointment because they are not eligible for appointment. Additionally, in most cases, you do not need to interview candidates who do not meet your screening criteria.

Red Flags

Red Flags:
  • Breaks in service with no explanation
  • Pay close attention to responses to items 5, 10 and 11 on the new State Application

SROA/Surplus Employee Procedures

The SROA/Surplus process was set up to assist employees facing pending layoff by giving them priority consideration for placement in other State departments.

  • SROA Employees are those in specific classes in departments designated by DPA as in fact facing the lay-off process due to significant budgetary/personnel reductions. These names are provided to departments on the official hiring certification for the vacant classification. They must be formally contacted and if interested, interviewed for the position. Supervisors can either make telephone contacts or request through their PSS that contact letters be sent.
  • Surplus Employees are those in designated classes in certain departments that have excess staff, but who may not be facing the immediate necessity for lay-off. This often occurs because of reorganizations or loss of reimbursable funds. (Employees on SROA lists are also considered surplus when they apply for positions related to their classification.) If surplus employees respond to a job bulletin, they must be treated the same as SROA employees noted above. When openings occur, OHR checks the applications of these employees to determine eligibility for appointment to the position.
  • Super SROA Procedures-Bargaining Unit 2 and Bargaining Unit 9 apply to represented classes in these bargaining units. Existing contract language requires that departments filling vacancies shall offer positions to employees facing layoff, demotion in lieu of layoff, or mandatory geographic transfer who meet the minimum qualifications for the vacancy being filled, provided that the vacancy is equivalent in salary and responsibility and in the same geographic area and bargaining unit.

Promotions in place, transfers within ARB that are above the entry level in the same occupational group, and mandatory reinstatements are EXEMPT from the SROA/Surplus process.

Procedure:
When a position becomes vacant, the hiring supervisor will submit the necessary paperwork to OHR. The PSS will order the certification list and advise supervisors of any SROA employees. After the final filing date has passed, the supervisor should provide a list of all applicants to their HR Analyst so she may determine if any of the applicants are surplus. All eligible SROA and surplus employees must be contacted and if interested, interviewed for the position. A special contact will be made by OHR if unit 2 or 9 classes are involved.

Any exceptions to hiring interested SROA/surplus applicants other than promotions in place, transfers within ARB, and mandatory reinstatements must be documented by the hiring supervisor and approved by DPA prior to any commitment. The documentation must detail why the SROA/surplus employee could not perform or be trained to perform the duties of the position. Please note exceptions of this sort are rarely approved.

Reference Checks/Evaluating Suitability

A thorough reference check is as important as the interview itself. Information obtained through this process can reduce the potential of future employee-related problems. It can also alert you to any additional training that may be needed to assume new roles and responsibilities if an applicant is applying for a position in a field that is new to them.

Image:  ChecklistWhether you are hiring an entry-level engineer/scientist, a supervisor, or an analyst, your perception of a candidate's suitability for a position should be reinforced by an effective review mechanism. The use of this review mechanism can increase your probability of hiring the right person for a particular position.

Judging the suitability of a candidate for a position solely on the individual's resume and hiring interview may seem reasonable. However, consider that in a typical hiring interview of 20 or 30 minutes, the candidate's goal is to convince you that he/she has the qualifications for your position. Therefore, candidates will generally emphasize their favorable characteristics and downplay or omit the areas in which they need further development. In fact, interviewing guides recommend that candidates do exactly this.

Therefore, basing your hiring decision solely on the information you gain from the candidate's resume and his/her hiring interview may not provide sufficient information for you to make the most informed hiring decision. You can reduce your chances of encountering surprises in the knowledge, skills and abilities of an individual by taking proactive steps to verify the candidate's qualifications before making a hiring commitment.

Make sure the candidate has provided you with the names and current telephone numbers of reference providers. If the candidate does not provide you with his/her current immediate supervisor as a reference, ask for the name of the second-line supervisor. They should be able to discuss the candidate's qualifications.

Red Flags
Note: Reluctance on the part of a candidate to have you speak to his/her immediate supervisor could be a Red Flag.

General Guidelines to Conducting Reference Checks

  • Check a minimum of two or three current/previous employers dating back at least five (5) years.
  • Reference checking should be conducted by you or another interviewer as you have the most in-depth knowledge of the candidate group in the hiring process.
  • Record the relevant job-related information you learn during the reference check (ASD/OHR-205).
  • Clarify any unclear or contradictory statements or responses from the candidate or reference provider. Verify the candidate's dates of employment and the classes they held.
  • Verify the legitimacy of a reference provider. If you suspect the phone number provided by the candidate for the purpose of a reference check is actually the phone number of a friend, family member, or co-worker, verify the phone number with the actual employer.
  • Confidentiality is essential. Discuss the results of the reference check only with persons actively involved in the hiring process. If you have concerns about something you learned in a reference check, please discuss it with your assigned HR Analyst prior to making any job offer.
  • Unwilling reference provider. Should a reference provider be unwilling to respond to your reference inquiry, or provides very limited information such as dates of the candidate's employment and his/her salary, do not make any inferences regarding the candidate based on the limited information. Base your hiring decision on the information that is available to you. Some state agencies follow this practice and most private employers provide little or no reference information.
Image:  Note....
Note: You have an obligation to the ARB and to the public to make a well-informed hiring decision. While a reference check may not change your initial opinion of a candidate's qualifications, it is a critical step in ensuring that the ARB makes a careful hiring decision.

Reviewing Potential Employee's Official Personnel File

As a manager or supervisor, one of the most important responsibilities is the hiring of staff. A poor hiring decision impacts you, your staff, and the effectiveness of your organization.Conversely, making a well-informed hiring decision will allow you to hire the right person for your position, build a stronger and more effective organization, and create an environment where individuals have greater enthusiasm toward their individual jobs, as well as toward the organization as a whole.

Reviewing a potential employee's Official Personnel File (OPF) prior to making a hiring commitment is a step you must take to obatain sufficient and appropropriate job-related information to insure a candidate will be successful in a specific position.

Following are the steps you need to take for arranging to review a potential employee's personnel file:

  • Contact the Human Resources Office of the candidate's department.
  • Inform them you would like to review an OPF for an employee of their department. They will ask you for the employee's name or other pertinent information in order to direct you to the appropriate individual.
  • Once you reach the individual that is responsible for that file, arrange an appointment time and date. Let this individual know that you would like to have copies of the candidate's Office Employment History, leave balances for the past three years, and the State Controllers' Office blue Personnel Action Request (PAR).
  • Make sure to ask where they are located.
  • Take an Official Personnel File Review Packet.
  • Take a picture identification of yourself (i.e., dirver's license or department identification badge).
  • Take the original Authorization to Release Information Form (ASD/OHR 225) that the candidate signed.

Official Personnel File Review Packet

When you go to the Personnel Office to review your candidate's OPF, take the following items with you:

  • OPF Review Sheet (ASD/OHR-224) - This is the official record of the information obtained during the OPF review. It is important that you record all the pertinent information available in the OPF.
  • Authorization - This is a release signed by the candidate for the hiring agency to review the OPF, Employment History and attendance records. The original authorization signed by the employee during the interview must be given to the Human Resources Office where the OPF is maintained prior to granting you access to the file.
  • PAR Transactions Codes - This is a listing of codes that you need to be aware of when reviewing a potential remployee's PAR history. Make sure you record the codes on the OPF Review Sheet. Here is a list of codes that are considered "Red Flags" to supervisors reviewing employment histories:
CODE
DEFINITION
A14 =
Adverse demotion.
S20 =
Voluntary resignation under unfavorable circumstance.
S21 =
AWOL - Automatic resignation as a result of an absence without approved leave for five consecutive days.
S40 =
Termination with fault.
S41 =
Dismissal.
S85 =
Adverse suspension.
S90 =
Rejection during probation period.
PUN =
Adverse salary decrease.

Hiring Confirmation Letter

To consummate a legal hire of a a new, non-State employee, the hiring supervisor must send the Hiring Confirmation Letter (Attachment 2) to the new employee in advance of the starting date. This letter is also recommended, but not required, when hiring current State employees. Copies should be sent to both the HR Analyst and the PSS.

Competitive Rating Report

The Competitive Rating Report (ASD-65) must be completed for all hires including transfers, part time appointments, and seasonal/State student appointments. The Division Chief must approve it before making a hiring commitment. The approved report and supporting information (refer to instructions on the form) must be submitted promptly and confidentially to the Equal Employment Opportunity Officer.

Notification of Candidates

Because applicants are considering other job offers, it is prudent and courteous to inform the unsuccessful applicants of the results of the screening and interview processes as soon as possible. A personal phone call or letter from the hrining supervisor can accomplish this.

Employment Eligibility Verification

All employees new to State service and reinstatements must complete the Employment Eligibility Verification, Form I-9 and produce evidence listed below:

  • One of the following Identity and Employement Eligibility documents:
  • U.S. Passport
  • Certificate of U.S. Citizenship
  • Certificate of Naturalization
  • Foreign Passport stamped with work authorization by Department of Immigration & Naturalization Services
  • Alien Registration Card with photograph

    Or

One from both List A and List B below:

List A - Authorization to Work
List B - Identification
  • Original Social Security Card or
  • Certified Birth Certificate or
  • Unexpried INS Employment Authorization
  • State-issued Driver's License or
  • State-issued identification Card or
  • U.S. Military Card

All job offers are made contingent upon submittal and acceptance of the necessary documents. The prospective employee is responsible for providing accurate information and adequate documentation prior to beginning work. The supervisor should carefully review the documentation then sign and forward the form to the PSS. If the prospective employee cannot produce the appropriate documentation, the hiring supervisor should contact their assigned HR Analyst immediately for assistance. In no instance should the propsective employee report to work until proper clearances have been obtained.

Educational Verification

The hiring supervisor is responsible for obtaining proof of graduation prior to making the commitment for all new Air Pollution Specialists (APS), Air Resources Engineers (ARE), or other classes requiring baccalaureate or advanced degrees. This applies to all “open” hires and may also apply to transfers. Either final transcripts or a copy of the diploma will suffice. Proof of enrollment and official transcripts are also needed prior to making the commitment for State paid student assistant positions.

Moving and Interview Expenses

Image: Moving Company employeeNew non-State employees hired into entry level APS or ARE classes may be offered up to $1,000 for moving expenses as part of their acceptance of an ARB position. Supervisors should refer to the appropriate Bargaining Unit Contract for specifics and notify the Accounting and Grants Branch that moving expenses were authorized prior to the first day of work.

The supervisor must include the standard paragraph shown on the Hiring Confirmation Letter to the new employee with a copy sent to the PSS. Following approval, the new employee will be contacted by the Accounting and Grants Branch and provided necessary forms and information.

Current State employees hired into any ARB classification may be paid moving expenses; reimbursement rates and approvals must be discussed in advance with the Accounting and Grants Branch.

Reimbursement may be allowed for expenses of professional and technically trained applicants for state employment who are called for employment interviews. The following criteria must be observed:

Written approval from the Department of Personnel Administration (DPA) must be obtained before the applicant is called for the interview.

Both the ARB and DPA must certify that interview expenditures are necessary in order to recruit qualified staff.

Only actual transportation, lodging, and meal expenses associated with the interview will be authorized; reimbursement for these expenses are limited to the time period directly related to the candidate's scheduled interview.

Hiring Above Minimum (HAM)

Applicants may be offered a salary above the minimum step in the salary range ONLY if the applicant has been offered and refused the base salary, possesses extraordinary qualifications which will produce a significant contribution to the Board’s program, has a competing job offer or higher current salary, and is being considered for a position experiencing recruitment difficulties.

The Assistant Chief, Office of Human Resources must approve all HAMs prior to appointment.

Procedure:

Supervisors should contact their assigned HR Analyst to discuss options as soon as their applicant has turned down a job offer at the minimum step of the appropriate range. The HR Analyst will ask the supervisor to complete the HAM form (ASD/OHR-223) and submit it together with the required documents to them. Job offers should not be confirmed with applicants until the Assistant Chief, Office of Human Resources has approved the HAM.

The applicant’s extraordinary qualifications should exceed those of other individuals also willing to accept employment. The request must specifically address how the individual’s qualifications will produce a significant contribution to the ARB and the need of this particular individual based on his/her extraordinary qualifications (such as education, outside State service experience, skills and abilities) resulting from:

Expertise in a particular area of an ARB program. This expertise should clearly exceed the minimum requirements of the class.

A unique talent, ability or skill as demonstrated by previous outside State service job experience and/or education beyond the minimum qualifications of the class.

The extraordinary qualifications must be documented and compared with all other applicants. This documentation must include the criteria of the position and a clear indication of how the chosen applicant’s qualifications exceeded those of the other applicants.

Image:  Note....
Note: If the HAM is based on outside State service experience, the same experience cannot be used after initial appointment to justify an accelerated range change (such as AP Specialist Range A to Range B).

The current salary and/or competing job offer must exceed the lowest salary within the range before considering hiring above the minimum. The current salary must be substantiated by a current paycheck statement or if it is impossible to obtain the pay stub, a copy of the W-2 for that year is acceptable. A competing salary offer must be substantiated by a letter from the competing company with a salary offer noted. Competitive salary offers from California State agencies, universities or colleges cannot be used as justification for HAM rates.

The approved salary rate should be confirmed in the Hiring Confirmation Letter sent to the individual by the hiring supervisor.

Recruitment difficulty is a factor only to the extent that a specific skill has been difficult to obtain and available eligibles are well qualified in the general skills of the class. The justification must explain how the education, experience and skills relate to the duties required of the position and the extent to which the individual’s qualifications exceeded those who applied and/or were interviewed for the position. Recruitment difficulty must be substantiated by documenting the knowledge, skills and abilities for all candidates as well as the duties required of the position.

You need only complete the Extraordinary Qualifications portion of the HAM form for salary offers of less than 10% above the minimum. Other criteria may be included to support these offers. Requests for salary offers exceeding 10% above the minimum must address all HAM criteria.

Under no circumstances can HAMs be approved retroactively.

Bilingual Differential Pay

Image: Bags of moneyBilingual Pay applies to those positions designated as such by the hiring supervisor and approved by the HR Analyst. A salary differential is paid when an employee uses their bilingual skills an average of 10% or more of their total work time. (Time should be an average of the time spent on bilingual activities during a given fiscal year.) They are eligible for this pay whether they are using such skills in a conversational, interpretation, or translation setting.

In order to receive bilingual pay, the employee must successfully participate in the Oral Fluency Examination administered by the State Personnel Board (SPB). The exam is given in Spanish, Chinese (Mandarin) and Tagalog (Filipino). If you have staff that you would like to be tested in a language other than the ones mentioned, please let SPB know. When the supervisor determines there is a need for an employee to be certified as bilingual, he/she will contact the Examination Section, Human Resources, at (916) 327-3515.

The Examination Section, once contacted by the supervisor, will send a memo (refer to Attachment 3) via e-mail to the supervisor to fill out and mail/fax to SPB. A copy must also be sent to the Examination Section. SPB will then contact the employee with the exam date. If the memo is received by the 15th of the month the test will be scheduled for the last week of that month. If received after the 15th of the month, it will be scheduled for the last week of the following month. Once the exam is administered, SPB will send a letter to the candidate and the supervisor. The test is conducted over the telephone and the cost is $95.00 per candidate.

Once the supervisor receives notice from SPB that the candidate was successful in the bilingual examination, he/she will submit an RPA, revised duty statement (showing 10% bilingual duties), and a copy of the SPB results to the Human Resources Branch for processing. The effective date of the bilingual pay cannot be prior to the date the employee successfully participated in the Oral Fluency Examination.

Medical Clearance

As a result of legislation that became effective January 1, 2001, new employees are no longer required to complete the Health Questionnaire (Std. 610 HQ). Two-part medicals are necessary for those positions that have certain physical requirements (e.g., lifting, carrying and breathing apparatus, etc.) and/or certain essential functions prior to beginning work. For this reason, it is critical that supervisors carefully review all duty statements as they submit them to refill/reclass or establish new positions. Please be sure to indicate the “essential” and “marginal” job duties and check all applicable boxes on the duty statement which indicate the position would require the two-part medical. Should this process change in the future, supervisors will be notified.

Two-Part Medicals

In an effort to further ensure privacy rights, the SPB has recommended that departments direct prospective employees to have their physicians submit the completed two-part medical forms to the State Medical Officer rather than to departmental Human Resources Offices. In order to ensure that privacy is maintained at the ARB, supervisors are required to provide prospective employees with self addressed envelopes directed to SPB at 801 Capitol Mall, Sacramento, CA 95814 to the attention of the State Medical Officer. (When providing this information, you are reminded that you should tell the prospective employee to give the self-addressed envelope along with the two-part medical form to the physician when going for the physical.) The State Medical Officer will notify OHR should there be any restrictions on performing the essential functions of the position being offered. In the unlikely event that restrictions must be imposed, the HR Analyst will work with the State Medical Officer and the hiring supervisor to determine appropriate changes to the duty statement.

All hires (new employees, reinstatements, transfers, training and development assignments, etc,) made to the classifications of Instrument Technician, Air Resources Field Representative, and Automotive Emission Test Specialist, are required to complete a two-part medical. Also, all employees working in the mail room and/or supply rooms, and all Air Resources Engineers and Air Pollution Specialists in the following sections:

Enforcement Division
261 -
Heavy Duty Diesel Enforcement Section-North
262 -
Mobile Source Enforcement Section
264 -
Heavy Duty Diesel Enforcement Section-South
272 -
Fuels Enforcement Section
273 -
Consumer Products Enforcement Section
281 -
Stationary Source Enforcement Section
282 -
Strategic Environmental Investigation & Enforcement Section
Stationary Source Division
461 -
Program Review Section
491 -
Compliance Training Section
492 -
Compliance Assistance Section
Monitoring & Laboratory Division
531 -
Source Test Section
532 -
Vapor Recovery In-Use Program Section
552 -
Air Monitoring North Section
553 -
Air Monitoring Central Section
554 -
Air Monitoring South Section
555 -
Special Purpose Monitoring Section
556 -
Operations Support Section
571 -
Quality Assurance Section
592 -
Testing Section
596 -
Vapor Recovery Certification Section

Mobile Source Operations Division
943 -
Field Inspection/Testing Section

Additionally, two-part medicals must be completed for those positions (regardless of their classification), which require one or moreof the following essential functions:

  • Operation of heavy motorized vehicles or equipment or vehicles engaged in transportation of passengers in situations where incapacitation would endanger the employee, co-workers or the public (this does not include driving incidental to the performance of State business).
  • Rotating shift assignment (working on more than one different shift without a 15-hour rest period) or extended work shifts insituations where incapacitation would endanger the employee, co-workers, or the public.
  • Task performance at elevated heights from the ground with or without safety apparatus (such as poles, scaffolds, tree tops, or bridge suspensions) or near heavy or fast moving machinery or traffic in situations where incapacitation would endanger the employee, co-workers, or the public.
  • Repetitive heavy lifting or carrying (25 pounds or more).
  • Any other functional or environmental factor of high physical, psychological or environmental demand as determined by the hiring authority and the SPB Medical Officer.

Supervisors are required to ensure positions that involve the above functions are identified as such on the RPA and duty statement.

Adequate lead time prior to the employee’s first day at work must be allowed in order for the employee to undergo a physical examination.

Special Medical Exams

Because some positions require incumbents to carry a 32-pound self-contained breathing apparatus, employees assigned to these positions (including temporary employees such as student assistants) are required to undergo a special medical examination at the Medical Clinic of Sacramento (MCS) or the Foothill Industrial Medical Clinic, Inc., (Foothill) in El Monte. After the initial exam, the frequency of the medical examinations is as follows:

Employee's Age
Frequency
Under 35
Every three to five years if free from medical symptoms.
35 to 45
Every two years if free from medical symptons.
Over 45
Annually.

If an employee is experiencing any medical condition that may interfere with the job performance, annual examinations are conducted. The examinations are typically scheduled in the month of the employee’s birthday to allow for flexibility in patient scheduling at MCS or Foothill and as a convenient reminder for the employee.

Expenses and Exam Cost Reimbursement

Employees will be reimbursed up to the maximum allowed according to Section 0191 of the State Administrative Manual. At the present time, reimbursement is up to $62.45 for a general physical examination. This amount may be changed by a Memoranda of Understanding applicable to rank and file employees or by DPA regulations that apply to employees excluded from collective bargaining. The clinic is normally asked to bill the ARB for payment. There is no maximum reimbursement allowance for special medical examinations; ARB is billed for full payment. If the applicant pays for the examination, reimbursement is obtained by submitting a Travel Expense Claim to the Accounting and Grants Branch.

Alternate Ways to Fill a Position

Lateral Transfer

Employees may transfer from one classification to another provided that the two classes are at substantially the same salary range (less than 10% at the maximum of the ranges) and not in the same promotional pattern. While it is not necessary that the employee meet the minimum qualifications of the new class, the employee must possess any certification or license required of the new class.

Procedure:

When an ARB employee transfers from one division to another, both Division Chiefs must approve the transfer and effective date. Should two Division Chiefs be unable to reach a satisfactory agreement on a transfer, the decision will be elevated to the Executive Office for resolution.

List Appointment

List appointments are made from existing employment lists resulting from civil service examinations in accordance with list certification procedures.

Procedure:

Once the HR Analyst has approved the classification of the vacant position, an employment list can be ordered by the PSS if requested by the hiring supervisor. Supervisors should indicate on the RPA whether or not they would like a certification list ordered and contact letters sent. Upon receipt of this list, the PSS:

  1. contacts the applicants (usually only those in the top three ranks or the top three names) by letter and
  2. sends a copy of the employment list (annotated as to who was contacted) to the hiring supervisor. In the contact letter, the applicants are asked to phone the supervisor if interested in the position, and may also be asked to submit an application and/or resume to the supervisor. Those contacted are required to return the second copy of the contact letter to the PSS to confirm their interest in the job. Supervisors may also make telephone contacts to eligibles and schedule interviews as appropriate. Care should be taken to document the results of each telephone contact on the certification list. For assistance in this process, contact your PSS.

Once the supervisor is contacted by the applicants, interviews can be scheduled and conducted. If the applicant requests a special accommodation to participate in the interview; (e.g., interpreter, alternative format for the interview process), contact the ADA Coordinator in the Management Services Branch so arrangements can be made.

Foreign Appointees

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Note: Some of the candidates on the ARE and APS lists are foreign-born nationals who qualified to take these exams, however, they may or may not have US citizenship. In order to be employed by the State of California, they must meet the INS criteria (refer to the Employment Eligibility Verification section for specific information on what the candidates must possess in order to be offered a position with ARB). If the candidate has a temporary authorization to work in California, they MAY NOT BE appointed to a permanent full time position, however, they may be eligible for appointment to a limited term position. For assistance in determining eligibility, please contact your assigned HR Analyst BEFORE making any commitment.

ARB does not have a policy whereby we sponsor aliens to obtain US citizenship. However, depending on the circumstances, the Executive Officer may consider approving a division’s request to petition INS for an alien to obtain an H1-B visa on a case-by-case basis. The H1-B visa enables an alien to work in the US for up to three years with an option for another three years. If approval is granted by the Executive Officer to petition INS, the division will be required to pay the $1110 fee and ARB will complete the necessary INS paperwork. The alien is prevented under the law from paying this fee themselves. For additional information in this area, contact your assigned HR Analyst. Under no circumstances should you commit to petition INS without prior Executive Officer approval.

Reinstatement Following Separation from State Service

A former State employee may be reinstated to the same class from which he/she separated; a lower class in the same series; a related series requiring similar types of qualifications, knowledges, skills and abilities; or another class having similar duties, responsibilities, and qualifications with substantially the same salary range.

Procedure:

Contact your PSS to ensure that the employee has reinstatement rights and to determine salary.

Retired Annuitants

Retired State employees may be employed for up to 960 hours (120 days) per calendar year to perform fill-in or project oriented assignments. They are classified and paid based upon the type of work they perform and in their eligibility for appointment to the class.

Reinstatement Following Service Retirement

In some cases, permanent civil service employees who officially retire from State service may wish to reinstate. In doing so, they no longer continue to receive retirement benefits under the Public Employee’s Retirement System (PERS).

PERS requires the hiring department submit written confirmation of a job offer prior to the retiree returning to permanent employment. PERS also requires the retiree submit the appropriate paperwork to their office for review and approval.

The PERS application/review process can take several weeks to complete. Supervisors should not commit to a start date until the appropriate approvals are obtained. If the retiree is needed prior to that time, they may be employed as a Retired Annuitant while awaiting approval for reinstatement to civil service. Supervisors must verify with their assigned PSS that the retiree has not worked more than 120 days in the current calendar year as a Retired Annuitant or they are not eligible for that appointment.

PERS will notify the retiree and OHR when they approve the request for reinstatement to State service and give an effective date for employment to begin.

Training and Development (T&D) Assignments

These are special assignments of duties for up to two years (up to 36 months for consecutive T&D Assignments with SPB approval) for the purpose of training to broaden an employee’s skills and abilities in his/her present occupation, to prepare for a career in a different occupational field, or to improve advancement potential. The following guidelines determine the appropriateness of a T&D Assignment.

The primary considerations in making T&D Assignments should be that (a) the participant must be a permanent State employee, (b) the training assignment is consistent with the career development plans of the employee and provides for significant developmental experience, and (c) the T&D Assignment is consistent with good personnel management practices. SPB policy states that the T&D class be at substantially the same salary range (less than 10% at the maximum of the ranges) to which the employee could voluntarily transfer at the conclusion of the T&D.

When there is no class within substantially the same salary range that would provide an appropriate training experience, assignments are permitted to higher salaried classes. When the T&D class is compensated more than 15% over the employee’s current class, the purpose of the T&D is to prepare the employee for a permanent appointment to the T&D (or a closely related) class and to permit the employee to meet minimum qualifications for a higher salaried class by the conclusion of the assignment. The T&D class cannot be in the same class series as the employee’s current class.

Within specific restrictions, T&D Assignments are permitted to lower level classes. Employees are advised to be sure they qualify for promotion to the next higher-level class in their present occupational series before accepting a T&D Assignment.

Procedure:
Supervisors should consult with their HR Analyst to ensure that the T&D Assignment is consistent with stated guidelines. Once the use of a T&D Assignment is approved, a T&D Assignment Plan (refer to Attachment 4) must be prepared. A draft plan must be submitted to and approved by the HR Analyst prior to the preparation of the final document and obtaining appropriate signatures.

The plan includes the name and class of the participant, the divisions involved, the title of the training class, the beginning and ending dates of the assignment, training to be accomplished, and appropriate approvals of all parties involved. Your HR Analyst can assist you in preparing this document.

Acting Assignment/Out-of-Class Assignments

Several bargaining agreements limit out-of-class assignments to 15 consecutive calendar days. ARB policy applies the same 15 consecutive day limit to employees in all bargaining units. Supervisors must not authorize acting status or out-of-class work for a longer period without approval from their assigned HR Analyst. Non-represented employees should not be assigned to acting assignments for more than 15 consecutive calendar days.

Procedure:
When a supervisory position is vacant, that position’s supervisor is automatically placed in charge until a replacement is appointed. A lower level individual may serve as leadperson, but cannot be assigned full supervisory duties. As leadperson, the employee accrues no rights of status, no out-of-class recognition, and no guarantee of being chosen to permanently fill the position. This restraint in making pre-selections reduces adverse morale impact on employees who would be candidates for the position and prevents managerial/supervisory designation conflicts under labor relations rules.

Special Consultant/New Programs Consultant

Special Consultants may be appropriate for highly specialized assignments of limited duration where there is no existing appropriate class and the work is expected to be completed in less than nine months. In order to justify the use of the Special Consultant, the following conditions must be met:

  • Specialized skills and knowledge are required which are not available within State service.
  • The services are so urgent, temporary, intermittent, special, or highly technical that the work cannot be properly performed under ordinary civil service procedures.
  • The problem is of a delicate, sensitive, or controversial nature where a solution by a consultant would be more acceptable to the Legislature, courts, client groups or others concerned with the problem.
  • Special Consultant appointments may be appropriate in lieu of a personal services contract when used as:
  • an expert witness in cases involving litigation, or
  • an engineer/attorney with unique experience to solve a specific engineering/legal problem in State service, or
  • for a research project of less than nine months duration.

Special Consultants cannot work in excess of nine full-time months in any 12-month period and cannot be extended a second year. They are ineligible for promotional examinations and have no civil service rights.

A New Programs Consultant appointment may be appropriate when (a) an existing appropriate class does not exist, (b) recruiting from outside State service, (c) the proposed new class is a professional administrative, and/or technical level supporting the inclusion of the position in the Special Consultant class concept, (d) a new class cannot be established in a timely manner using normal procedures, or (e) recruiting individuals from underrepresented groups.

A New Programs Consultant may not be used (a) to fill any position on a promotional basis, or (b) to fill positions pending establishment of a new class when the characteristics of the new class are such that the positions cannot reasonably be included in the Special Consultant class concept. For example, positions at a low level or where the duties are not consultative in nature.

Procedure:
In addition to standard items, the memo of justification must include the rationale for the requested compensation. The rate will be evaluated based on salary rates for similar types of work, prior service history, competing job offers, and recruitment difficulty. For Special Consultant justification, the memo must include reasons why the work must be accomplished in a short time frame. Upon review and approval by OHR, the request will be forwarded to DPA for final approval. An appointee MAY NOT begin work until approval from DPA is obtained. Hiring supervisors should allow two to four weeks from the date the request is forwarded to DPA for final approval.

Intergovernmental Personnel Act (IPA) Assignment

The purpose of this program is to provide for temporary assignments of personnel between the Federal Government and the states, local governments, and institutes of higher education, as authorized under Title IV of the Intergovernmental Personnel Act (IPA), Public Law 91648.

Procedure:
Assignments are initiated by Federal, State or local agencies by addressing a proposal directly to a counterpart agency that shares a mutual concern in strengthening a program or solving a problem. The assignments are implemented in writing on an assignment agreement form similar to the format of a T & D Assignment. (Your assigned HR Analyst can provide you with a sample format to follow.) The conditions of the assignment -- job duties, fiscal obligations, and employee benefits, rights, and obligations are documented. All parties involved must sign the agreement. The assignment may be intermittent, part time, or full time. The agreement may be made for up to two years and may be extended for up to two more years with the concurrence of the parties. The participating organizations also agree on the cost of sharing arrangements. One agency may agree to pay all, some, or none of the costs of an assignment. Such costs may include employee pay, supplemental pay, overtime, and certain fringe benefits, travel and relocation costs. Federal agencies may not reimburse for tuition credits or for any indirect or administrative overhead costs associated with an assignment. Under IPA, the following expenses may be paid:
  • Travel, including a per diem allowance, to and from the assignment location for the employee for official business away from the duty station during the assignment.
  • An allowance for travel and transportation of the employees immediate family, household goods, and personal effects to and from the assignment location; subsistence expenses for the employee and his/her immediate family while occupying temporary quarters at the assignment location and on return to the former post of duty.
  • Per diem allowances at the assignment location; participants may receive either the per diem allowance at the assignment locations or the change of station allowances, but not both

Seasonal Clerks

Seasonal Clerk: This classification is typically used for assignments requiring the short-term performance of routine clerical functions such as typing, filing, distributing mail, and answering phones. Hiring priority must be given to Aid to Families with Dependent Children (AFDC) recipients referred by the Employment Development Department. Exceptions to the hiring of an AFDC Seasonal Clerk may be approved if the person held a Seasonal Clerk appointment during the past 12 months directly preceding the ARB appointment.

Procedure:
The PSS will coordinate all requests with the Employment Development Department.

Conditions of Employment: Seasonal Clerks are temporary employees and do not possess permanent civil service status, cannot take promotional examinations, have no probation period to complete, and are not eligible to receive Catastrophic Leave Donations. Furthermore, they receive none of the typical civil service rights or protection held by permanent employees and can be terminated any time with or without cause. They are paid from temporary help funds allocated annually to each division. The number of employees hired and the amount of hours worked are related to funds available.

Seasonal clerks are paid at an hourly rate for actual hours worked. If the time sheets are received by the ARB Time Keeper on the last day of the pay period, paychecks will normally arrive within 10 working days.

Seasonal Clerks cannot work more than 194 days in a 12- month period. Any hours worked in a day count as a full day including time worked on a holiday or any paid absences. The PSSs monitor the number of days worked and advises division management when an employee’s time is expiring. It is also advisable for supervisors to keep track of time worked and compare their records with the PSSs periodically.

Civil Service Student Assistants/Contract Students/Foreign Students

Civil Service Students: The civil service process may be used to hire students as state employees. When hired in this manner, students earn sick leave, vacation, and state service credit. State students are paid from temporary help funds.

CLASSIFICATIONS
Youth Aid
The Youth Aid classification is designed for use during the summer months or on a part-time or intermittent basis during the school year in positions consistent with continued school attendance, to perform a variety of tasks which require limited or no work experience. This classification is typically used to hire high school students.
Student Assistant
The Student Assistant classification is designed for undergraduates performing para-professional duties. They must be assigned technical work that will provide them with on-the-job training in duties related to their field of study.
Student Assistant - Engineering & Architectural Sciences
The Student Assistant-Engineering and Architectural Sciences, is used for students performing para-professional engineering-related work.
Graduate Student Assistant
The Graduate Student Assistant classification requires graduation from college and the performance of entry-level professional work. Students must be working toward an advanced degree in a professional field. Under close supervision and in a trainee capacity, students may assist in the performance of professional duties such as research or other functions related to a specific project. Assigned duties must be directly related to the student's field of study.

Salary Ranges: The HR Analyst based on a review of the student’s official transcript and using the alternate range criteria, will determine the salary a student receives. If the official transcript is not available at the time of appointment, the student will be appointed at the minimum salary of Range A for the appropriate student class. Once the official transcript is received and it is determined that the student is eligible to be appointed at a higher range, the change will be made.

School Verification and Range Changes: Continuing civil service students are required to submit verification of continued enrollment to OHR by use of the Student Status Verification form (ASD-187) each February and September. The PSS will send the form to the student's supervisor.

When the PSS determines that a Student Assistant is eligible for movement to a higher alternate range based on the number of hours of experience in the student program, the PSS will send the employee's supervisor the "Certification for Advancement/Appointment to Alternate Ranges" (ASD-172).

It is the responsibility of the student to notify his/her supervisor when he/she is eligible for a range change that requires a combination of time worked and semester/quarter units. The supervisor will submit an ASD-172 and the official transcript to their assigned HR Analyst for review and processing.

Time Reporting and Payroll: Students may work up to 1500 hours in a calendar year, regardless of the number of days worked. Hours worked are reported monthly on a Time Report (ASD-26), and due to the Transactions Office on the first working day of the following pay period. Paychecks are issued within five working days after the time report is received in the Transactions Office.

Hiring Procedures: The following paperwork is required in order to make a hiring commitment:

Contract Students: Students may be hired under a contract set up for this purpose. No civil service documents/approvals are required. The rate of pay for contract students is set using the same range criteria applied to state students. These students maybe used to assist in any program/administrative area (within the student's field of study) at the ARB. The hiring supervisor contacts their assignedASD Contract Analyst to determine if there is an existing contract or if one needs to be established. The supervisor then sends a job announcement to the school advertising the position. Interested candidates will work with the school to obtainan interview.The candidate selected will complete the documents required by the school.

Salary Ranges: The salaries for contract students are determinedby the Training Coordinator using the alternate range criteria established for the State students. Contract students are eligible to receive salary increases using the same criteria.

Time Reporting and Payroll: Twice a month, on the 15th and the last working day of the month, the student will complete a timesheet that has been furnished by the school. This needs to be signed by the supervisor and the contract manager. The student then submits the completed timesheet to the Training Coordinator in ASD for all Sacramento contract students. The Training Coordinator will ensure that time reports are picked up by the school in a timely manner. In El Monte and locations other than Sacramento, contract students should fax their TR’s to the Training Coordinator in ASD.

Foreign Students: Due to the respect accorded the ARB’s role in the development and implementation of air quality programs, foreign nationals, typically students, who wish to work at the ARB to gain practical experience, often approach the Board. The ARB supports the sharing of its expertise with other countries and typically benefits from these types of exchanges in that the majority consists of non-paid volunteers. Below is a definition of the types of visa statuses that may apply to foreign visitors who apply at the ARB and their ability or inability to work under those guidelines.

Applicable VISA Categories:

  • B-1 Status (visitor for business): A B-1 visitor is defined as an alien of distinguished merit and ability seeking to enter the United States temporarily with the idea of performing temporary services of an exceptional nature, requiring such merit and ability, but having no contract or other prearranged employment. B-1 visitors cannot legally accept full-time, part-time, or temporary positions for which they are paid by a U.S. institution. However, it is legal to pay a subsistence allowance to a B-1 visitor who performs a temporary service, or to reimburse expenses.
  • B-2 Status (visitor for pleasure): A B-2 visitor enters the United States temporarily for legitimate activities of a recreational character, i.e., tourism, amusement, rest, activities of a fraternal, social, or service nature, etc. Aliens in B-2 status are not permitted to accept employment.
  • B-1/B-2 Status (visitor for business and pleasure): An alien who plans to visit the United States for both business and pleasure may be granted a B-1/B-2 visa. An alien in B-1/B-2 status cannot accept salaried employment; however they can receive reimbursement for travel and per diem.
  • F-1 Status (student): An alien who visits the United States to attend school may be granted an F-1 visa. This requires admission to an academic course of study and evidence of adequate financial support. The alien may remain in the United States as long as full-time academic progress continues; off-campus employment is allowed for practical training. An alien in F-1 status with proper work authorization can receive a salary.
  • H-1 B Status (temporary worker in specialty occupation): An alien of "distinguished merit and ability", i.e., a professional possessing at least a bachelor's degree or equivalent experience and skills or an alien of otherwise distinguished ability, who plans to work temporarily in a "specialty occupation" may be granted a H-1 B visa. The position must be temporary in nature and the employer must submit a Labor Condition Application to the Department of Labor and a Form I-129 to the Immigration and Naturalization Service (INS) for approval, in advance. The fee required to submit the Form I-129 is approximately $1100. An alien in H-1 B status can receive a salary from its petitioning employer.
Image:  Note....
Note: ARB does not have a policy whereby we sponsor aliens to obtain US citizenship. However, depending on the circumstances, the Executive Officer may consider approving a division’s request to petition INS for an alien to obtain an H1-B visa on a case-by-case basis. The H1-B visa enables an alien to work in the US for up to three years with an option for another three years. If approval is granted by the Executive Officer to petition INS, the division will be required to pay the $1110 fee and ARB will complete the necessary INS paperwork. The alien is prevented under the law from paying this fee themselves. For additional information in this area, contact your assigned HR Analyst. Under no circumstances should you commit to petition INS without prior Executive Officer approval.
  • H-3 Status (trainee): This visa would apply to an alien coming temporarily to the United States to receive training from an employer in any field other than graduate education or training. A Form I-129 must be filed with the INS in advance detailing the structured training program (which must include classroom training) and an explanation of why the training is required. There is a fee required for submittal of the Form I-129. An alien in H-3 status may receive a salary.
  • J-1 Status (exchange visitor): This visa would apply to an alien coming temporarily to the United States to participate in an exchange program, such as student exchange, work exchange, and au pair programs. The Council for International Educational Exchange (CIEE) can be contacted at (415) 421-3473 for additional information on work exchange programs. Aliens are required to pay a fee to the exchange agency in order to participate. An alien in J-1 status may receive a salary. Assistance may be sought from the Office for International Programs at California State University, Sacramento, at (916) 278-6686.

Procedure:

When contacted by an alien wishing paid or nonpaid work experience with ARB, the HR Analyst determines what their visa status would be. Salaried work experience would require an F-1, H-1 B, H-3 or J-1 status visa. Potential employees with F-1 or J-1 visa status typically have already secured official work authorization through their school or exchange agency. Visas which require substantial coordination from ARB, such as an H-1 B or H-3 status visa,require a substantial amount of lead-time for ARB/OHR staff and may be denied by the INS. It is not unusual for this process to take three to six months. As a result, for short-term assignments, some visa statuses are not practical to consider.
Responsibilities:
Supervisor:

When contacted by an alien, request information on proposed visa status and training/work experience requested. Notify your HR Analyst of the request.

Human Resources Analyst:
  1. Review the request; determine value to the department in relation to time required to establish work experience.
  2. Discuss with the Assistant Chief, OHR; provide recommendation to program and facilitate completion of the necessary paperwork.
  3. Assist program with procedures if alien is approved for paid or nonpaid work experience at the ARB. An RPA package is required for volunteers.

Volunteers

Students may also be used as non-paid volunteers. Volunteers are not civil service employees; they do not receive State service or seniority credit, nor are they entitled to any other civil service related benefit. A Volunteer Record and Service Agreement (ASD-178) must be completed certifying that the volunteer understands the policy and conditions for which he/she is working. You may obtain a copy of this form from your assigned HR Analyst. Duty statements and time reports should be kept on volunteers so that this experience may be used for meeting entrance requirements for examinations. For reimbursement of travel expenses, an Oath of Allegiance (Std. 689) must be on file with the ARB. The travel expense claim must include a statement identifying themselves as volunteers and explaining the nature of the services being performed for the State when the expenses were incurred.

In order to use students as volunteers, the supervisor needs to submit the following documents to the PSS:

Fellowships

In some cases, students are hired as part of a college/university/high school fellowship program that pays their salary. To document their status, hire them as volunteers.

Questions regarding student hiring should be directed to your assigned HR Analyst.

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