EXECUTIVE ORDER D-70-03


WHEREAS, Executive Order D-48-01, issued on October 23, 2001, prohibited the filling of vacancies that would constitute a new hire to State Government; and

WHEREAS, the national and State economies are still experiencing a significant slow down, and as a result, the State General Fund is facing a significant imbalance between revenues and expenditures; and

WHEREAS, when businesses are faced with an imbalance between revenues and increasing expenditures they take actions to reduce spending; and

WHEREAS, the State of California must take similar actions without delay to ensure that it lives within its means;

NOW, THEREFORE, I, GRAY DAVIS, Governor of the State of California, by virtue of the power and authority vested in me by the Constitution and statutes of the State of California, do hereby issue this order to become effective immediately:

  1. All State agencies and departments, regardless of funding source, are prohibited from filling vacancies that would constitute a new hire to State Government.
  2. The above provision will not apply to the hiring of public health, safety and security personnel, as directed by my office, including personnel hired by the California Highway Patrol, the Office of Emergency Services, the Military Department, and those Department of Health Services personnel directly involved in public health, safety and security.
  3. Provision 1 also will not apply to the hiring of personnel directly involved in (a) producing State revenues, (b) direct care treatment and custody in prisons, special schools, hospitals, and health care facilities, and (c) fire fighting.
  4. Agency Secretaries and other Cabinet level positions will be responsible for ensuring compliance with the provisions of this Executive Order. For those departments that do not have Cabinet level representation, the Department of Finance will be responsible for ensuring compliance with the provisions of this Executive Order.
  5. The provisions of this Executive Order shall not apply to the Legislative and Judicial branches of government. However, I invite these branches of government to participate.
  6. For the purposes of this order, the University of California and the California State University System are requested to comply with the provisions of this Executive Order. Participation, however, should be limited to a level that will not interfere with meeting their educational mission.
  7. The Department of Finance is hereby directed to coordinate the implementation of this Executive Order and may issue management memos and grant exceptions from its provisions, as appropriate. The directives listed in Management Memos 01 21 and 01-24, Budget Letters 01-43, 02-10 and 02-12 (revised), and Personnel Letter 01-22 addressing the implementation procedures of Executive Order D-48-01 remain in effect.
  8. The provisions of this Executive Order will terminate on June 30, 2005.

IT IS FURTHER ORDERED that as soon as hereafter possible, this order be filed in the Office of the Secretary of State and that widespread publicity and notice be given to this order.