BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1783
                                                                  Page  1

          Date of Hearing:  April 23, 2014

            ASSEMBLY COMMITTEE ON PUBLIC EMPLOYEES, RETIREMENT AND SOCIAL  
                                      SECURITY
                                  Rob Bonta, Chair
              AB 1783 (Jones-Sawyer) - As Introduced:  February 18, 2014
           
          SUBJECT  :   Public employees: rights.

           SUMMARY  :   Requires that any adverse action taken against a  
          state employee for any cause for discipline, other than for  
          fraud, embezzlement, or the falsification or records, be served  
          and the investigation completed within one year from the time  
          the cause for discipline arose.

           EXISTING LAW  

          1)Authorizes an appointing power to take adverse action against  
            a state employee for specified causes, and establishes  
            administrative procedures for review of an adverse action by  
            the State Personnel Board.

          2)Requires notice of any adverse action against a state employee  
            for any cause for discipline based on any civil service law be  
            served within three years of the cause for discipline.

          3)Specifies that in cases of fraud, embezzlement, or  
            falsification, notice must be served within three years after  
            the discovery of the activity.

           FISCAL EFFECT  :   Unknown.

           COMMENTS :   According to the author, "The lengthy timeframe for  
          investigations causes prolonged disruption of the workplace,  
          unnecessary costs for extended administrative leave or backpay,  
          and delayed correction of improper or inefficient behavior of  
          employees.  Additionally, investigations become more onerous the  
          further removed they are in time from alleged misdeeds:  
          witnesses' memories fade, evidence is lost and many of the  
          individuals involved have often moved on.  This ultimately costs  
          the state thousands of dollars in litigation and lost  
          productivity costs.  Unfortunately, at this point, the damage  
          has been done."

          The author concludes, "This purpose of this bill is to remedy  








                                                                  AB 1783
                                                                  Page  2

          the various concerns regarding the excessive time period allowed  
          to investigate employees accused of wrongdoing.  This measure  
          does not change the current statute of limitations for cases of  
          fraud, embezzlement or falsification of records."

          Supporters state, "AB 1783 ensures a safe and healthy workplace  
          for employees and improves the efficiency of state government  
          for taxpayers and constituents of state services by seeking to  
          resolve adverse actions brought against employees in a timely  
          manner."






           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          Service Employees International Union, Local 1000 (Sponsor)
          Association of California State Supervisors
          California Association of Professional Scientists
          California Association of Psychiatric Technicians
          California Correctional Peace Officers Association
          California Statewide law Enforcement Association
          Orange County Employees Association
          Professional Engineers in California Government
          Union of American Physicians and Dentists

           Opposition 
           
          None on file
           
          Analysis Prepared by  :    Karon Green / P.E., R. & S.S. / (916)  
          319-3957