AB 769, as introduced, Jones-Sawyer. State employees: disciplinary action.
The State Civil Service Act requires notice of any adverse action against any state employee for any cause for discipline based on any civil service law to be served within 3 years after the cause for discipline, upon which the notice is based, first arose. That act provides that an adverse action based on fraud, embezzlement, or the falsification of records is valid if notice of the adverse action is served within 3 years after the discovery of the fraud, embezzlement, or falsification.
This bill, except with respect to adverse action based on fraud, embezzlement, or the falsification of records, would require that the notice be served and any investigation completed within one year after the cause for discipline arose.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 19635 of the Government Code is
2amended to read:
begin insert(a)end insertbegin insert end insertbegin deleteNo end deletebegin insertExcept as provided in subdivision (b), an end insert
2adverse action shallbegin insert notend insert be valid against any state employee for
3any cause for discipline based on any civil service law of this state,
4unless notice of the adverse action is servedbegin delete within three years
5after the cause for discipline, upon which the notice is based, firstend delete
6begin insert
and any investigation is completed within one year after the cause
7for disciplineend insert arose.
8 Adverse
end delete
9begin insert(b)end insertbegin insert end insertbegin insertAdverseend insertbegin insert end insertaction based on fraud, embezzlement, or the
10falsification of records shall bebegin delete valid,end deletebegin insert
validend insert if notice of the adverse
11action is served within three years after the discovery of the fraud,
12embezzlement, or falsification.
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