Air Resources Board
Hiring Procedures Guide
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
staffing decisions are critical to the effective operation of any organization.
Hiring the "right" candidate can make managing 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
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
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:
-- 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;
-- the concept of both
the current and proposed position as stated in the class specification;
Position -- the responsibilities
of the proposed duties of the position and why the proposed classification
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:
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.
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
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.
Breaks in service with no
Pay close attention to responses
to items 5, 10 and 11 on the new State Application
The SROA/Surplus process was set up to assist
employees facing pending layoff by giving them priority consideration
for placement in other State departments.
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.
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.
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.
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.
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.
Whether 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.
Reluctance on the part of a candidate to have you speak to his/her
immediate supervisor could be a Red Flag.
Guidelines to Conducting Reference Checks
- 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
- 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.
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.
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
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
Take an Official Personnel
File Review Packet.
Take a picture identification
of yourself (i.e., dirver's license or department identification badge).
Personnel File Review Packet
When you go to the Personnel Office to
review your candidate's OPF, take the following items with you:
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.
- 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
- 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:
under unfavorable circumstance.
AWOL - Automatic resignation
as a result of an absence without approved leave for five consecutive
Termination with fault.
Rejection during probation
Adverse salary decrease.
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.
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.
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
All employees new to State service and reinstatements
must complete the Employment
Eligibility Verification, Form I-9 and produce evidence listed
One of the following Identity and Employement
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
One from both List A and List B below:
List A - Authorization
List B - Identification
Original Social Security Card
Certified Birth Certificate or
Unexpried INS Employment Authorization
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.
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
New 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
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
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
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
The Assistant Chief, Office of Human Resources
must approve all HAMs prior to appointment.
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)
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
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
The approved salary rate should be confirmed
in the Hiring Confirmation Letter sent to the individual by the hiring
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
Bilingual 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
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.
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:
Heavy Duty Diesel Enforcement
Mobile Source Enforcement
Heavy Duty Diesel Enforcement
Fuels Enforcement Section
Consumer Products Enforcement
Stationary Source Enforcement
Investigation & Enforcement Section
Stationary Source Division
Compliance Training Section
Monitoring & Laboratory
Source Test Section
Vapor Recovery In-Use
Air Monitoring North Section
Air Monitoring Central
Air Monitoring South Section
Special Purpose Monitoring
Operations Support Section
Quality Assurance Section
Vapor Recovery Certification
| Mobile Source Operations
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
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.
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:
to five years if free from medical symptoms.
35 to 45
years if free from medical symptons.
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.
to Fill a Position
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
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 appointments are made from existing
employment lists resulting from civil service examinations in accordance
with list certification procedures.
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:
contacts the applicants
(usually only those in the top three ranks or the top
three names) by letter and
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
|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
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.
your PSS to ensure that the employee has reinstatement rights
and to determine salary.
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.
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.
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.
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
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
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.
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.
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
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.
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
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.
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:
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 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
PSS will coordinate all requests with the Employment Development
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
Service Student Assistants/Contract Students/Foreign Students
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
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.
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.
Assistant - Engineering & Architectural Sciences
Assistant-Engineering and Architectural Sciences, is used for
students performing para-professional engineering-related work.
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.
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
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
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.
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.
Procedures: The following
paperwork is required in order to make a hiring commitment:
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.
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.
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.
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.
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.
(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
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.
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.
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.
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.
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.
When contacted by an alien,
request information on proposed visa status and training/work
experience requested. Notify your HR Analyst of the
Human Resources Analyst:
Review the request;
determine value to the department in relation to time
required to establish work experience.
Discuss with the Assistant
Chief, OHR; provide recommendation to program and
facilitate completion of the necessary paperwork.
Assist program with
procedures if alien is approved for paid or nonpaid
work experience at the ARB. An RPA
package is required
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:
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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