BILL NUMBER: SB 318	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator De León

                        FEBRUARY 14, 2011

   An act to amend Section 19175 of the Government Code, relating to
civil service.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 318, as introduced, De León. Civil service: rejected
probationer: investigation.
   Existing law requires the service of a probationary period under
specified circumstances, including when an employee enters the civil
service. Under existing law, the probationer may be rejected by the
appointing power during the probationary period for reasons relating
to the probationer's qualifications, the good of the service, or
failure to demonstrate merit, efficiency, fitness, and moral
responsibility. Existing law authorizes the State Personnel Board, at
the request of a rejected probationer, to investigate the reasons
for the rejection and either affirm or modify the action of the
appointing power. Under existing law, these provisions do not apply
to employees in State Bargaining Unit 5, the California Association
of Highway Patrolmen.
   This bill would delete that exception relating to members of State
Bargaining Unit 5.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 19175 of the Government Code is amended to
read:
   19175.  The board at the written request of a rejected
probationer, filed within 15 calendar days of the effective date of
rejection, may investigate with or without a hearing the reasons for
rejection. After investigation, the board may do any of the
following:
   (a) Affirm the action of the appointing power.
   (b) Modify the action of the appointing power.
   (c) Restore the name of the rejected probationer to the employment
list for certification to any position within the class; provided,
that his or her name shall not be certified to the agency by which he
or she was rejected, except with the concurrence of the appointing
power of that agency.
   (d) Restore him or her to the position from which he or she was
rejected, but this shall be done only if the board determines, after
a hearing, that there is no substantial evidence to support the
reason or reasons for rejection, or that the rejection was made in
fraud or bad faith. At the hearing, the rejected probationer shall
have the burden of proof. Subject to rebuttal by the rejected
probationer, it shall be presumed that the rejection was free from
fraud and bad faith and that the statement of reasons therefor in the
notice of rejection is true. 
   (e) Effective January 1, 1996, this section shall not apply to
state employees in State Bargaining Unit 5.