420. Classes in Lieu of CEA

Policy

High-level management positions meeting the CEA criteria should not typically be filled by permanent civil service employees. This is to maintain flexible selection and termination procedures that can be responsive to changes in administration or unsatisfactory performance. Such flexibility is impossible if these positions are filled by permanent appointment, so DPA strongly discourages this course of action.

When the proposed appointee comes from outside of State service, departments should use the exempt hiring process if possible. If the prospective incumbent comes from within State civil service or has a qualifying exempt appointment to the executive or legislative branch, with two or more consecutive years of service, departments should use the CEA selection process (see GC Sections 18990 and 18992). Neither option provides incumbents with permanent status.

Exceptions When Civil Service Candidates Do Not Exist

When the department must recruit from outside civil service, first investigate the use or establishment of an exempt entitlement with DPA’s Exempt Unit and the Governor’s Office. If exempt entitlements do not exist, or the department is unable to take advantage of the Exempt Conversion Process, it may be necessary to establish a general high-level civil service class that otherwise satisfies the CEA standards. Be prepared to discuss the need for the civil service class in these terms and certify there are no vacant exempt or managerial positions to convert.

Exceptions When Only a few Civil Service Candidates Exist

When there is only a small viable candidate group (generally less than ten) within State service, specialized, high-level management positions will be filled through the establishment of a general civil service class. If someone is hired to the position from within State service, appointment should be to the CEA band. Footnote 41 must be assigned to the class. This flags the class, showing that, should a State candidate be successful, the CEA band will be used for the position, not the class.

Process for Establishing a Class in Lieu of CEA

Section 105 describes the process for establishing new civil service classes. A class being established in lieu of a CEA position is a regular civil service class and is established using the same procedures except:

  • If no viable civil service candidates exist, only the class in lieu of a CEA need be established. The class must be given Footnote 41.
  • If a small number of civil service candidates exist, a CEA position must also be established in case a civil service candidate is successful. See Section 410 on establishing CEA positions.

See the attachments listing for an example of an “In Lieu of CEA” specification.