California State Capitol Rotunda. (Photo: Katy Grimes for California Globe)
Frequently Asked Questions about California Constitution Article VII
Who composes the State Personnel Board?
By Chris Micheli, May 22, 2024 2:30 am
How many sections does Article 7 have? This article contains eleven sections.
What does Article 7 relate to? It relates to public officers and employees
Who is included in the state’s civil service system? Section 1 states that the civil service includes every officer and employee of the State, except as otherwise provided in this Constitution.
How does the civil service system work? Section 1 states that, in the civil service, permanent appointment and promotion must be made under a general system based on merit ascertained by competitive examination.
Who composes the State Personnel Board? Section 2 establishes a Personnel Board of 5 members appointed by the Governor and approved by the Senate for 10-year terms and until their successors are appointed and qualified.
What is the role of the Personnel Board? Section 3 provides that the Board must enforce the civil service statutes and prescribe probationary periods and classifications, adopt other rules authorized by statute, and review disciplinary actions.
Who is exempt from the state’s civil service system? Section 4 specifies that thirteen categories of individuals are exempt from civil service.
Are temporary appointments allowed in this state? Section 5 provides that a temporary appointment may be made to a position for which there is no employment list. However, no person may serve in one or more positions under temporary appointment longer than 9 months in 12 consecutive months.
Are there any hiring preferences in this state? Section 6 specifies that the Legislature may provide preferences for veterans and their surviving spouses.
Can additional offices be held by civil servants? Section 7 prohibits a person holding a lucrative office under the United States or other power from holding a civil office of profit.
Why would an individual be disqualified from holding an office? Section 8 specifies that every person must be disqualified from holding any office of profit in this State who has been convicted of having given or offered a bribe to procure personal election or appointment.
Is there a basis for not holding office or receiving a tax exemption? Section 9 provides that no person or organization which advocates the overthrow of the Government of the United States or the State by force or violence or other unlawful means or who advocates the support of a foreign government against the United States in the event of hostilities (a) Hold any office or employment under this State; or (b) Receive any exemption from any tax imposed by this State or local government.
What happens if libel or slander occurs in an elected office? Section 10 specifies that no person who is found liable in a civil action for making libelous or slanderous statements against an opposing candidate during the course of an election campaign can retain the seat to which he or she is elected, where it is established that the libel or slander was a major contributing cause in the defeat of an opposing candidate.
