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