Van De Kamp, 011384 CAAGO, AGO 83-1102

Docket Nº:AGO 83-1102
Case Date:January 13, 1984
Court:California
 
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JOHN K. VAN DE KAMP Attorney General
ANTHONY S. DA VIGO Deputy Attorney General
AGO 83-1102
No. 83-1102
California Attorney General Opinion
Office of the Attorney General State of California
January 13, 1984
         THE HONORABLE CHARLES W. WALTER, ASSISTANT EXECUTIVE OFFICER, STATE PERSONNEL BOARD, has requested an opinion on the following question:          May a state board or commission have more than one employee exempt from the state civil service?          CONCLUSION          A state 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.          ANALYSIS          California 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).)          From 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.)          Exemptions from the state civil service are prescribed by section 4 of article VII:
"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 by statute. "(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
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