BILL ANALYSIS Ó
AB 769
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Date of Hearing: April 29, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB
769 (Jones-Sawyer) - As Introduced February 25, 2015
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Urgency: No State Mandated Local Program: NoReimbursable: No
SUMMARY:
This bill requires that any adverse action taken against a state
employee for any cause for discipline based on any civil service
law be initiated and the investigation completed within one year
after the cause for discipline arose. However, the bill does
not amend the process for adverse actions based on fraud,
embezzlement, or falsification of records, which must be
initiated within three years of the discovery of the cause for
action.
AB 769
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FISCAL EFFECT:
Significant costs, GF and special funds, in the range of
$500,000 annually statewide, for employers to manage shortened
timeframes for adverse actions. These costs would likely
diminish after the existing backlog is reduced.
COMMENTS:
1)Purpose. 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 may
become prejudiced by the unnecessary passage of time as
witnesses' memories can fade, evidence can be lost, and many
of the individuals involved can move on.
2)Similar Legislation. This bill is similar to AB 811 (Salas)
of this session, however AB 811 amends the three-year statute
of limitations from the date of discovery of any fraud,
embezzlement, or falsification of records to a single year.
AB 811 is currently on the Suspense File of this committee.
The bill is nearly identical to AB 1783 (Jones-Sawyer) of
2014, which was amended to provide a two year statute of
limitations from the date of discovery in this committee.
This bill is also similar to AB 872 (Dickinson) of 2013, AB
1655 (Dickinson) of 2012, AB 920 (Portantino) of 2011, and AB
1744 (Portantino) of 2010, all of which were held on the
Suspense File of this committee.
AB 769
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Analysis Prepared by:Joel Tashjian / APPR. / (916)
319-2081