Bill Text: CA AB1161 | 2009-2010 | Regular Session | Introduced

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Bill Title: State employment: adverse actions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-02-02 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1161 Detail]

Download: California-2009-AB1161-Introduced.html

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BILL NUMBER: AB 1161	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Buchanan

                        FEBRUARY 27, 2009

   An act to amend Section 19635 of the Government Code, relating to
state employment.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1161, as introduced, Buchanan. State employment: adverse
actions.
   The California Civil Service Act authorizes an appointing power to
take adverse action against an employee for specified causes for
discipline and establishes administrative procedures for review of an
adverse action by the State Personnel Board. The act requires an
adverse action against a state employee to commence within 3 years of
the cause for discipline, as specified.
   This bill would require an adverse action against a state
managerial employee, state confidential employee, or state
supervisory employee, as defined, to commence within one year of the
discovery of the cause for discipline. The bill would also require
the notice of the adverse action against those employees based on
fraud, embezzlement, or the falsification of records to be served
within 3 years after the discovery of the fraud, embezzlement, or
falsification.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 19635 of the Government Code is amended to
read:
   19635.   (a)    No adverse action shall be valid
against any state employee for any cause for discipline based on any
civil service law of this state, unless notice of the adverse action
is served within three years after the cause for discipline, upon
which the notice is based, first arose. Adverse action based on
fraud, embezzlement, or the falsification of records shall be valid,
if notice of the adverse action is served within three years after
the discovery of the fraud, embezzlement, or falsification. 
   (b) Notwithstanding subdivision (a), no adverse action shall be
valid against any state managerial employee, state confidential
employee, or state supervisory employee, as defined in subdivisions
(e), (f), and (g) of Section 3513, for any cause for discipline based
on any civil service law of this state, unless notice of the adverse
action is served within one year after the cause for discipline,
upon which the notice is based, is discovered. Adverse action against
those employees based on fraud, embezzlement, or the falsification
of records shall be valid, if notice of the adverse action is served
within three years after the discovery of the fraud, embezzlement, or
falsification.