(a) Except as provided in subdivisions (c) and (d), advertising for job vacancies shall comply with section 249.1.1 and 249.2. Advertising may include any or all of the following methods for publishing or posting job announcements: (1) Non-electronic printed media, such as newspapers, newsletters, magazines, flyers, or other types of non-electronic printed publications.(2) Bulletin boards or job boards at career centers, career fairs, or academic institutions.(3) Physical locations designed to provide fair, equitable notice to eligible candidates.(b) No later than the first day of posting, appointing powers are required to notice eligible departmental employees of the job opportunity by any means appropriate.(c) Advertising should be broad and inclusive but may be limited to geographic areas within which qualified job seekers could reasonably be expected to accept the opportunity without a change of residence. A broader area for advertisement may also be used where the appointing power determines that a broader advertising area is necessary to obtain an adequate qualified applicant pool or the appointing power determines that an adequate candidate group of persons with disabilities does not exist within the afore-stated geographic areas.(d) Alternatives to the advertising process set forth in subdivisions (a) and (b) may be allowed where the Executive Officer finds that such alternatives are at least as effective as the prescribed process in meeting established goals related to affirmative action for persons with disabilities and upward mobility.(e) Reassignments pursuant to section 250, subdivision (f) shall be exempt from the provisions of subdivision (a). Transfers and temporary assignments shall also be exempt from the provisions of subdivision (a) when any of the following circumstances are applicable: (1) The assignment is intended to remedy a particular employee's performance deficiency that has been identified through the performance evaluation process conducted pursuant to Government Code sections 19172 or 19992.2.(2) Provides a modified work assignment that is necessary to continue the employment of an injured or disabled employee.(3) Involves an assignment between positions under the same appointing power that falls within the same occupational group and level of responsibilities as the employee's classification and is done for purposes of affirmative action of persons with disabilities or achieving upward mobility goals.(4) The assignment is necessary to avoid the layoff or demotion of an employee or involuntary transfer of an employee to another classification or geographic location that would require a change of the employee's residence.Cal. Code Regs. Tit. 2, § 249.1
1. New section filed 4-27-2017; operative 7-1-2017. Submitted to OAL for filing and printing only pursuant to Government Code section 18211 (Register 2017, No. 17).
2. Renumbering of former section 249.1 to section 249 and new section 249.1 filed 3-4-2020; operative 7-1-2020 pursuant to Government Code section 18211. Submitted to OAL for filing and printing only pursuant to Government Code sections 18211 and 18213 (Register 2020, No. 10). Note: Authority cited: Sections 18502, 18701, 19050, 19050.3 and 19050.8, Government Code. Reference: Sections 19050, 19050.8 and 19230, Government Code.
1. Renumbering of former section 249.1 to section 249 and new section 249.1 filed 3-4-2020; operative 7/1/2020 pursuant to Government Code section 18211. Submitted to OAL for filing and printing only pursuant to Government Code sections 18211 and 18213 (Register 2020, No. 10).