BILL ANALYSIS Ó
AB 1783
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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
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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