BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1783
                                                                  Page  1


          ASSEMBLY THIRD READING
          AB 1783 (Jones-Sawyer)
          As Amended May 23, 2014
          Majority vote 

           PUBLIC EMPLOYEES    5-1         APPROPRIATIONS      12-5        
           
           ----------------------------------------------------------------- 
          |Ayes:|Bonta, Jones-Sawyer,      |Ayes:|Gatto, Bocanegra,         |
          |     |Rendon, Ridley-Thomas,    |     |Bradford,                 |
          |     |Wieckowski                |     |Ian Calderon, Campos,     |
          |     |                          |     |Eggman, Gomez, Holden,    |
          |     |                          |     |Pan, Quirk,               |
          |     |                          |     |Ridley-Thomas, Weber      |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Allen                     |Nays:|Bigelow, Donnelly, Jones, |
          |     |                          |     |Linder, Wagner            |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :   Requires, on and after January 1, 2016, 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 two years after the discovery of the cause for  
          discipline.  

           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  :  According to the Assembly Appropriations  
          Committee, significant costs, General Fund and special funds, in  








                                                                  AB 1783
                                                                  Page  2


          the millions of dollars annually statewide, for employers to  
          manage shortened timeframes for adverse actions.  These costs  
          would likely diminish after the existing backlog is reduced.

           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  
          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."


           Analysis Prepared by  :    Karon Green / P.E., R. & S.S. / (916)  
          319-3957 


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