Who Is Exempt from Civil Service in California?

In Article VII of the California Constitution, which deals with public officers and employees in this state, the civil service system is established. Section 1 of Article 7 states that “the civil service includes every officer and employee of the State except as otherwise provided in this Constitution.” In addition, “in the civil service permanent appointment and promotion shall be made under a general system based on merit ascertained by competitive examination.”

While the vast majority of employees of the State of California are in the civil service system, there are some who are not. Section 4 of Article 7 sets forth the following thirteen categories of individuals who are exempt from civil service:

• Officers and employees appointed or employed by the Legislature, either house, or legislative committees.

• Officers and employees appointed or employed by councils, commissions or public corporations in the judicial branch or by a court of record or officer thereof.

• Officers elected by the people and a deputy and an employee selected by each elected officer.

• Members of boards and commissions.

• A deputy or employee selected by each board or commission either appointed by the Governor or authorized by statute.

• State officers directly appointed by the Governor with or without the consent or confirmation of the Senate and the employees of the Governor’s office, and the employees of the Lieutenant Governor’s office directly appointed or employed by the Lieutenant Governor.

• A deputy or employee selected by each officer, except members of boards and commissions.

• Officers and employees of the University of California and the California State Colleges.

• The teaching staff of schools under the jurisdiction of the Department of Education or the Superintendent of Public Instruction.

• Member, inmate, and patient help in state homes, charitable or correctional institutions, and state facilities for mentally ill or retarded persons.

• Members of the militia while engaged in military service.

• Officers and employees of district agricultural associations employed less than 6 months in a calendar year.

• The Attorney General may appoint or employ six deputies or employees, the Public Utilities Commission may appoint or employ one deputy or employee, and the Legislative Counsel may appoint or employ two deputies or employees.