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Seniority can't control appointments
July 28, 2005 by Ross Runkel at LawMemo
When the state constitution says appointments must be "based on merit," it means merit, not overall seniority in the state system.
The state and the union agreed on "post and bid" programs for permanent appointments and promotions for certain classifications of state civil service employees. Employees who bid for jobs must take a completive exam and meet other minimum requirements. The highest ranking bidders are placed on a certified eligibility list. At that point, the eligible bidder with the most seniority in state service must be selected. The agreements were approved by the state legislature and signed into law by the governor.
The California Supreme Court unanimously held that legislative approval of these agreements violated Article VII of the California Constitution, which requires that permanent appointment and promotion in the civil service "shall be made under a general system based on merit ascertained by competitive examination." California State Personnel Bd v. California State Employees Assoc (California 07/28/2005).
The court made three main points:
- The appointment and promotion decisions themselves, not just the pre-appointment screening, must be based on merit.
- Seniority may be an appropriate factor in evaluating merit.
- Seniority in state service may or may not reflect fitness for a specific posted position.
My view: It's a rare event for a California Supreme Court opinion to be only 20 pages long. It must have been an easy decision to make.
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