Cal. Code Regs. Tit. 2, § 442 - Interjurisdictional Employee Exchange

(a) An appointing power may with the concurrence of the employee assign or loan them to a different jurisdiction or receive an employee from a different jurisdiction, provided that the following conditions are satisfied:

(1) The assignment or loan benefits the state and is for the purpose of training and development or compelling management needs. The provisions of Article 19.1 related to training and development and compelling management needs shall apply.

(2) The other jurisdiction, regardless of whether it is in or outside of California, is:

(A) A public entity at the federal, state, local, or international level, including public colleges and universities, and public entities in other countries; or

(B) A private college or university.

(3) The exchange will not result in a layoff of employees with permanent or probationary civil service status.

(4) Both the appointing power and other jurisdiction approve and maintain a written document that complies with Section 438.4.

(5) Any authorizations that are necessary for funds or travel are obtained from the Departments of Finance, Department of General Services, or other appropriate authority. The authorization(s) shall be maintained in accordance with Section 26.

(6) Eligibility for an interjurisdictional employee exchange requires that the employee have permanent status in their current classification.

(b) Employees from other jurisdictions who work for the state in an interjurisdictional employee exchange gain no status in state civil service.

(c) For the purposes of state civil service laws and regulations, an employee assigned or loaned in an interjurisdictional employee exchange shall be considered an employee of the appointing power from which loaned or assigned, except the employee's work and activities shall be subject to the direction and control of the jurisdiction to which they are assigned or loaned.

(d) The employee's salary and benefits may be paid in any proper manner agreed upon by the employee's current appointing power and other jurisdiction.

(e) The termination of the assignment or loan shall be in accordance with Section 438.5.

Notes

Cal. Code Regs. Tit. 2, § 442

Note: Authority cited: Sections 18502, 18701 and 19050.8, Government Code. Reference: Section 19050.8, Government Code.

Note: Authority cited: Sections 18502, 18701 and 19050.8, Government Code. Reference: Section 19050.8, Government Code.

1. New section filed 7-14-86; effective thirtieth day thereafter (Register 86, No. 29).
2. Change without regulatory effect of subsection (a) filed 12-21-88 (Register 89, No. 1).
3. New subsection (a) and relettering of following paragraphs filed 11-20-91; operative 12-20-91 (Register 92, No. 8).
4. Change without regulatory effect amending subsections (c)-(g) filed 9-16-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 39).
5. Repealer and new section 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).
6. Amendment filed 8-22-2024; operative 10/1/2024 pursuant to Government Code section 18211. Submitted to OAL for filing and printing only pursuant to Government Code sections 18211 and 18214 (Register 2024, No. 34).