BILL NUMBER: AB 769 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Jones-Sawyer
FEBRUARY 25, 2015
An act to amend Section 19635 of the Government Code, relating to
public employment.
LEGISLATIVE COUNSEL'S DIGEST
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 1. Section 19635 of the Government Code is amended to
read:
19635. (a) No
Except as provided in subdivision (b), an adverse action shall
not be valid against any state employee for any cause for
discipline based on any civil service law of this state, unless
notice of the adverse action is served within three years
after the cause for discipline, upon which the notice is based, first
and any investigation is completed within one year
after the cause for discipline arose.
Adverse
(b) Adverse action
based on fraud, embezzlement, or the falsification of records shall
be valid, valid if notice of the
adverse action is served within three years after the discovery of
the fraud, embezzlement, or falsification.