BILL NUMBER: AB 2032	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 4, 2014

INTRODUCED BY   Assembly Member Bonta

                        FEBRUARY 20, 2014

   An act to amend Section 18671.1 of the Government Code, relating
to public employment.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2032, as amended, Bonta. Civil service: employee hearings.
    Existing law authorizes the State Personnel Board to hold
hearings and make investigations concerning matters relating to the
administration of the civil service. These provisions require, among
other things, that a hearing or investigation be commenced within a
reasonable time after the filing of the petition whenever a hearing
or investigation is conducted in regard to an appeal by an employee.
Existing law also authorizes an employee to make a written request
for a priority hearing by the board for an appeal of an action that
resulted in the employee's termination if an evidentiary hearing has
not commenced within 6 months of the filing of the appeal and
requires the board to schedule an evidentiary hearing within 60 days.
In an appeal to the board, the appointing power bears the burden of
proof that the employee was discharged for good cause.
   Under existing law, an employee, under certain circumstances, may
seek a writ of mandate with the courts if the board does not render a
decision within the statutory time limits. Under existing case law,
the employee has the burden of proof in the writ of mandate
proceedings that the adverse action against him or her was not
supported by good cause.
   This bill would  require   provide  that
the  appointing power has the  burden of proof 
remain with the appointing power  in a proceeding for a writ
of mandate brought by an employee when the board has not rendered a
decision within the above-described time limit.
   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 18671.1 of the Government Code is amended to
read:
   18671.1.  (a) If a hearing or investigation is conducted by the
board or its authorized representative in regard to an appeal by an
employee, the hearing or investigation shall be commenced within a
reasonable time after the filing of the appeal. For appeals from
actions resulting in the termination of an employee, if an
evidentiary hearing has not commenced within six months of the filing
of the appeal, the employee may make a written request for a
priority hearing by the board. Upon receipt of the written request,
the board shall schedule an evidentiary hearing within 60 days of the
request at a hearing location designated by the board.
   (b) The board shall render its decision within a reasonable time
after the conclusion of the hearing or investigation, except that the
period from the filing of the appeal to the decision of the board
shall not exceed six months.
   (c) The provisions described in subdivision (b) relating to the
six-month period for a decision may be waived by the employee but if
not so waived, a failure to render a timely decision is an exhaustion
of all available administrative remedies.
   (d) The board may order all of, or a portion of, any hearing to be
conducted using electronic media pursuant to board rules. 
   (e) Notwithstanding any other law, the burden of proof by
preponderance of the evidence that the employee engaged in conduct on
which the disciplinary charge is based and that the conduct
constitutes a cause of discipline under Section 19772, remains with
the appointing power in a proceeding for a writ of mandate brought by
an employee when the board has failed to render a decision within
the time limit established by this section.  
   (e) In a proceeding for a writ of mandate brought by an employee
when the board has failed to render a decision within the time limit
established by this section, the appointing power has the burden of
proof that the employee engaged in conduct on which the disciplinary
charge is based and that the conduct constitutes a cause of
discipline under Section 19572. For purposes of this subdivision,
proof shall be by a preponderance of the evidence.