JOHN K. VAN DE KAMP Attorney General
ANTHONY S. DA VIGO Deputy Attorney General
California Attorney General Opinion
Office of the Attorney General State of California
January 13, 1984
HONORABLE CHARLES W. WALTER, ASSISTANT EXECUTIVE OFFICER,
STATE PERSONNEL BOARD, has requested an opinion on the
state board or commission have more than one employee exempt
from the state civil service?
board or commission appointed by the Governor or authorized
by statute may have, exempt from the state civil service, in
addition to the members of, and a deputy or employee selected
by, such board or commission, as many officers as are
directly appointed by the Governor and a deputy or employee
selected by each such officer other than the members of such
board or commission.
Constitution article VII, section 1, subdivision (a),
provides that "[t]he civil service includes every
officer and employee of the state except as otherwise
provided in this Constitution." (Emphasis
added.) It is clear, therefore, that the Legislature does not
have authority to create an exemption. (65 Ops.Cal.Atty.Gen.
475, 479-480 (1982).)
time to time the Legislature by statute has authorized the
Governor to appoint certain officers of boards and
commissions. (E.g., Gov. Code, § 3541—general counsel,
Public Employment Relations Board; Pub. Res. Code, §
25217.1—public adviser, State Energy Resources Conservation
and Development Commission; Lab. Code, § 1149—general
counsel, Agricultural Labor Relations Board.)
from the state civil service are prescribed by section 4 of
"The following are exempt from civil service:
"(a) Officers and employees appointed or employed by
the Legislature, either house, or legislative committees.
"(b) 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.
"(c) Officers elected by the people and a deputy and
an employee selected by each elected officer.
"(d) Members of boards and commissions.
"(e) A deputy or employee selected by each board or
commission either appointed by the Governor or authorized
"(f) 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