Bill Text: CA AB1571 | 2023-2024 | Regular Session | Amended

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Bill Title: State civil service: voiding illegal appointments.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2024-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1571 Detail]

Download: California-2023-AB1571-Amended.html

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Amended  IN  Assembly  March 13, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 1571

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Introduced by Assembly Member Santiago

February 17, 2023

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An act to amend Section 68501 of the Government Code, relating to courts. An act to amend Section 19257.5 of the Government Code, relating to state government.

LEGISLATIVE COUNSEL'S DIGEST

AB 1571, as amended, Santiago. Courts: Judicial Council. State civil service: voiding illegal appointments.

The California Constitution establishes the State Personnel Board (board) and requires the board to, among other things, enforce the civil service statutes, prescribe probationary periods and classifications, adopt rules authorized by statute, and review disciplinary actions. Existing law establishes the Department of Human Resources (department) and provides that, subject to the requirements of the California Constitution, it succeeds to and is vested with the duties, purposes, responsibilities, and jurisdiction exercised by the board as its designee with respect to the board’s administrative and ministerial functions. Existing law authorizes the department to declare a civil service appointment void from the beginning whenever the appointment of an employee has been made and accepted in good faith but where the appointment would not have been made but for some mistake of law or fact that if known to the parties would have rendered the appointment unlawful when made, if the action is taken within one year after the appointment.

This bill would instead authorize the board, in accordance with its rules, to declare a civil service appointment void from the beginning whenever the appointment of an employee has been made and accepted in the absence of good faith.

Existing law authorizes the chairperson of the Judicial Council to appoint committees, as prescribed, to advise with the council in studying various matters relating to the business of the courts, simplifying and improving the administration of justice, and other duties of the council.

This bill would make technical, nonsubstantive changes to that provision.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 19257.5 of the Government Code is amended to read:

19257.5.

 Where the appointment of an employee has been made and accepted in good faith, but where the appointment would not have been made but for some mistake absence of law or fact that if known to good faith, the parties would have rendered the appointment unlawful when made, the department Board, in accordance with its rules, may declare the appointment void from the beginning if the action is taken within one year after the appointment. beginning.

SECTION 1.Section 68501 of the Government Code is amended to read:

68501.

The chairperson of the Judicial Council may appoint committees composed of official court reporters, judges, retired judges, attorneys, and experts in specialized fields, or any combination thereof, to advise with the Judicial Council in studying the condition of business in the several courts and the means for simplifying and improving the administration of justice, and in the performance of any other duties of the council authorized or imposed by law.