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 FN: 0003690