1212 - Temporary Appointments (TAU)

Category

Appointments

Audience List

• Examination Managers
• Human Resources Chiefs
• Human Resources Staff
• Personnel Officers
• Personnel Transactions Supervisors

Synopsis

This policy:

• Provides guidance when making an appointment to a position for which there is no employment list.
• Provides mandatory guidelines for making temporary appointments and using the temporary appointment (TAU) process.
• Provides TAU examination administration requirements.
• Provides TAU documentation and retention requirements.
• Provides procedures for addressing terminations with fault (name-clearing hearings) and handling unlawful appointments. 

Introduction

The TAU process allows appointing powers to fill a vacant position on a temporary basis under limited circumstances. 

Statement

Appointing powers may use the TAU process pursuant to Government Code section 19058 and California Code of Regulations, title 2, sections 265 and 265.1. TAUs are intended for limited use when no employment list exists and all other hiring options have been exhausted. Timely annual examination planning helps reduce reliance on TAU appointments. Appointing powers must periodically review temporary appointments to ensure their continued appropriateness and must develop and administer an examination and establish an eligible list within nine months of making a TAU appointment.

Individuals serving in a TAU are subject to constitutional time limits and do not acquire probationary or permanent status.

Application

Definitions

Temporary Appointment

An appointment made in the absence of an appropriate employment list, as defined by Government Code section 18529.

Temporary Employee/Appointee

A person serving under a temporary appointment. Government Code section 18529 uses the term “temporary employee” to describe an employee holding a position under temporary appointment. Government Code section 19059 uses the term “temporary appointee” to describe the same individual when addressing rights and status. For purposes of this policy, the terms are synonymous and refer to the same individual.

Permanent Employee

An employee with permanent status, as defined by Government Code section 18528, following successful completion of a probationary period.

Duration of Temporary Appointments

Temporary appointments shall not exceed 9 months (189 days) in a 12-consecutive month period, per California Constitution, Article VII, section 5. Additionally, no individual may serve in one or more TAU positions beyond this 9-month constitutional limit.

Civil Service Status

Pursuant to Government Code section 19059, temporary appointees do not acquire probationary or permanent status or rights in state civil service. Time served in a temporary appointment shall not count toward completion of a probationary period if the temporary appointee later obtains permanent appointment through examination and certification.

Minimum Qualifications

TAU appointees must meet the minimum qualifications for the classification prior to appointment.

Reinstatement Rights

Permanent Employees

Pursuant to Government Code section 19140.5, an employee who has permanent status in the position held immediately prior to accepting a temporary appointment, and who had no intervening break in service due to a permanent separation, has the right to reinstate to their former position upon the termination of the temporary appointment. Reinstatement must be requested within 10 days of the termination of the temporary appointment.

Probationary Employees

Pursuant to Government Code section 19140, an employee who has probationary status in the position held immediately prior to accepting a temporary appointment may be reinstated to the class they last vacated, a lower class in the same series, or another class to which the employee could transfer or demote upon the termination of the temporary appointment at the discretion of the appointing power. Reinstatement pursuant to section 19140 is a permissive reinstatement and not a mandatory right. This fact should be carefully explained to probationary employees before accepting a temporary appointment.

Permissible Use of TAUs and General Requirements

Appointing powers may use TAUs under any of the following conditions:

1. No Employment List Exists: When there is no employment list for the classification and all other hiring options have been exhausted (e.g., out-of-class assignments, transfers, temporary reassignments, interagency loans, or appropriate list usage.)

2. Limited Eligible Candidates: When an open employment list has three or fewer names of candidates willing to accept the position, and no other employment list exists.

3. No Willing or Eligible Candidates: When no candidates from open, promotional, or reemployment lists meet vacancy criteria (e.g., location, time base) or are willing to accept the position.

However, the TAU process shall not be used to avoid or delay the use of an employment list.

A temporary appointment to a permanent position may continue only until an employment list is established for the classification, at which point the appointing power must make a permanent appointment consistent with that list.

Process

TAU Determination Worksheet (CalHR Form 885)

Appointing powers must document the need for a TAU and complete the TAU Determination Worksheet, which includes:

• Number of positions in the class.

• Number of current vacancies in the class and vacancies projected within a 12-month period.

• Urgency of filling the position.

• Examination plan and timeline.

• Alternative methods considered (e.g., out-of-class assignments, transfers, reassignments, interagency loans, or appropriate list usage).

With respect to the alternative methods considered, the appointing power may attach a supplementary document including any supporting documentation. This is an integral step in determining whether the TAU is appropriate.

Hiring

The appointing power shall properly clear employment lists to fill vacant positions through the TAU process. The vacant positions must be advertised in accordance with California Code of Regulations, title 2, section 249.1, including language, indicating the possibility that the position may become permanent.

Examination

After an appointing power makes a temporary appointment, the appointing power must develop and administer an examination for the classification and establish an appropriate employment list within 9 months.

The temporary employee must participate in that examination.

If the temporary employee scores in a reachable rank on the newly established employment list for the classification, and the appointing power chooses to appoint the temporary employee into the position, no further recruitment or hiring process is required.

If the temporary employee’s score on the exam is too low to be at a reachable rank or the temporary employee fails the exam, the temporary appointment must be terminated immediately pursuant to Government Code section 19058.

Monitoring Time Worked

Temporary appointees may not serve in one or more temporary appointments for longer than nine months within any 12 consecutive months, in accordance with Article VII, section 5 of the California Constitution.

The 9-month period shall be counted daily with every 21 days worked, counting as one month or 189 days equaling 9 months. Every day worked is counted toward the 189-day working limit, including the following:

• Any day on which the employee physically worked, regardless of the length of time worked on that day (e.g., two hours or ten hours counts as one day).

• Any day on which the employee is on paid absence (e.g., vacation, sick leave, compensating time off, etc.).

The 12-consecutive month timeframe begins by counting the first pay period worked as the first month of the 12-consecutive month timeframe. The employee shall serve no longer than 189 days in a 12-consecutive month period.

A new 189-day working limit in a 12-consecutive month timeframe may begin in the month immediately following the month that marks the end of the previous 12-consecutive month timeframe or any subsequent month.

The 189-day working limit shall be calculated per-employee, not per-position or per-agency.

Appointing powers shall monitor and control the days worked to ensure that a temporary appointment does not exceed 9 months, or 189 days.

In cases where an employee serves in a temporary appointment at one department that ends and then is hired to a temporary appointment at another department, the total time worked by the employee in both departments combined must not exceed 9 months or 189 days in a 12-consecutive month timeframe.

For example:

• If the employee was appointed to Department A on March 2, 2020, and served in the temporary position until April 30, 2020 (43 days) and was then hired by Department B on May 1, 2020, to a temporary position, Department B must consider the 43 days that the employee worked at Department A toward the 9-month or 189-day limit.

• In this case, March 2, 2020, or the March 2020 pay period, is the starting point to count time worked for both Department A and Department B.

• As such, Department B could only allow the person to serve in the temporary appointment for the remaining 146 days prior to the end of the 12-consecutive calendar month period or February 28, 2021.

Name-Clearing Hearings

According to California Code of Regulations, title 2, section 63.1, if an appointing power terminates an employee’s temporary appointment “with fault” or “with cause” for alleged wrongful behavior that might stigmatize the employee’s reputation, seriously impair the employee’s opportunity to earn a living, or seriously damage the employee’s standing in the community, the employee may file a request for a “name-clearing” hearing with the employee’s appointing power.

The purpose of the name-clearing hearing is to give the employee an opportunity to rebut the charges and remove the stigma. Reinstatement and back salary are not available as remedies in this instance.

The request for a name-clearing hearing must be filed with the appointing power within five business days of the effective date of the notice of the termination. The name-clearing hearing will be conducted by a neutral, impartial representative of the appointing power who has the authority to sustain the termination or revoke the “for fault” designation.

During the hearing, the employee bears the burden of proving that the “with fault” or “with cause” designation is improper. The employee is entitled to be represented by a person of their choosing.

After reviewing all the evidence that is presented at the hearing, the impartial decision-maker will determine whether the “with fault” or “with cause” designation will be removed, and the termination will reflect that it was without fault. However, the termination of the employee’s appointment will remain in effect.

An employee whose temporary authorization appointment is either terminated without fault or is terminated with fault for a reason that does not stigmatize the employee is not entitled to a name-clearing hearing.

The appointing power should conduct the name-clearing hearing within 21 days of the effective date of the notice of termination, unless the employee agrees to a hearing at a later date.

The State Personnel Board (SPB) does not conduct name-clearing hearings and does not review the decisions made in the name-clearing hearing conducted by the appointing power.

Unlawful TAUs

If an appointing power determines that a temporary appointment is unlawful under California Code of Regulations, title 2, section 243.2 (e.g., the employee not meeting the minimum qualifications), the appointing power shall follow the formal unlawful appointment process outlined in Government Code section 19257.5, California Code of Regulations, section 243 et. seq, and HR Manual Policy 1213 Unlawful Appointments.

Documentation and Retention

Appointing powers are required to maintain the appropriate documentation pertaining to the TAU.

Below is a list of all documents that must be retained for five years:

1. Job advertisement for the vacant position.

2. TAU Determination Worksheet (CalHR Form 885).

3. Selected candidate’s application (STD Form 678).

4. Written record(s) of periodic reviews of the continued need for the TAU.

5. Written records of the days, months, and hours worked by temporary employees.

All documentation is subject to review by the SPB’s Compliance Review Division and/or California Human Resource Department (CalHR) upon request.

Authorities

• ARTICLE VII PUBLIC OFFICERS AND EMPLOYEES
• California Code of Regulations (CCR), title 2, § 243 et. seq.
• California Code of Regulations, title 2, section 26
• California Code of Regulations, title 2, section 265
• California Code of Regulations, title 2, section 265.1
• CCR title 2 63.1
• Government Code 18528
• Government Code 19140.5
• Government Code section 18529
• Government Code section 19058
• Government Code section 19059
• Government Code section 19140, Reinstatement
• Government Code section 19257.5

Resources

Forms

• CalHR - 885: Temporary Authorization (TAU) Approval Determination Worksheet (on Grapevine)

Related Policies

• 1213 - Unlawful Appointments: 1213 - Unlawful Appointments

Authorized By

Chris Dainard
Chief, Selection Division
California Department of Human Resources

Michelle La Grandeur
Chief, Policy Division
State Personnel Board

Melissa Russell
Chief
Personnel Management Division

Contact Person

Selection Division
CalHR
Phone: 916-909-3757
Email: SDPolicy@calhr.ca.gov

Superseded Policies

History

View History