BILL NUMBER: AB 692	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Hall

                        FEBRUARY 17, 2011

   An act to amend Section 18671.1 of the Government Code, relating
to public employment.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 692, as introduced, Hall. Civil service: employee hearings.
   The California Constitution establishes the civil service and
creates the State Personnel Board to enforce the civil service
statutes. Existing law authorizes the State Personnel Board to hold
hearings and make investigations concerning matters relating to the
administration of the civil service. These provisions require, among
other things, that a hearing or investigation be commenced within a
reasonable time after the filing of the petition whenever a hearing
or investigation is conducted in regard to an appeal by an employee.
   This bill would revise that provision to require that employee
termination cases take priority over all other cases that were
initiated within the previous 6 months. The bill would also make
nonsubstantive, technical changes to that provision.
   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 18671.1 of the Government Code is amended to
read:
   18671.1.   Whenever   (a)   
 If  a hearing or investigation is conducted by the board or
its authorized representative in regard to an appeal by an employee,
the hearing or investigation shall be commenced within a reasonable
time after the filing of the petition  and the  
. Employee termination cases shall take priority over all other
cases that were initiated within the previous six months. 
    (b)     The  board shall render its
decision within a reasonable time after the conclusion of the hearing
or investigation, except that the period from the filing of the
petition to the decision of the board shall not exceed six months or
90 days from the time of the submission, whichever time period is
less, and except that the board may extend the six-month period up to
45 additional days.  In 
    (c)     In  the event of an extension,
the board shall publish substantial reasons for the need for the
extension in its calendar prior to the conclusion of the six-month
period. Submission occurs on the last day of the hearing, if no other
documents are to be filed, or on the last day designated for the
filing of briefs or other evidence necessary to complete the record.
 The 
    (d)     The  provisions  described
in subdivision (b)  relating to the six-month or the 90-day
periods for a decision may be waived by the employee but if not so
waived, a failure to render a timely decision is an exhaustion of all
available administrative remedies.  In 
    (e)     In  cases involving complaints
of discrimination, harassment, or retaliation, where the executive
officer renders a decision, the decision shall be rendered within
four months of the filing of the appeal.