BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                       AB 769


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          ASSEMBLY THIRD READING


          AB  
          769 (Jones-Sawyer)


          As Introduced  February 25, 2015


          Majority vote


           ------------------------------------------------------------------- 
          |Committee       |Votes |Ayes                  |Noes                |
          |                |      |                      |                    |
          |                |      |                      |                    |
          |----------------+------+----------------------+--------------------|
          |Public          |6-1   |Bonta, Waldron,       |Wagner              |
          |Employees       |      |Cooley, Jones-Sawyer, |                    |
          |                |      |O'Donnell, Rendon     |                    |
          |                |      |                      |                    |
          |----------------+------+----------------------+--------------------|
          |Appropriations  |12-5  |Gomez, Bonta,         |Bigelow, Chang,     |
          |                |      |Calderon, Daly,       |Gallagher, Jones,   |
          |                |      |Eggman, Eduardo       |Wagner              |
          |                |      |Garcia, Gordon,       |                    |
          |                |      |Holden, Quirk,        |                    |
          |                |      |Rendon, Weber, Wood   |                    |
          |                |      |                      |                    |
          |                |      |                      |                    |
           ------------------------------------------------------------------- 


          SUMMARY:  Requires that any adverse action taken against a state  
          employee for any cause for discipline, other than for fraud,  
          embezzlement, or the falsification of records, be served, and the  
          investigation completed, within one year after the cause of  
          discipline arose.  








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          EXISTING LAW:  


          1)Authorizes an appointing power to take adverse action against a  
            state employee for specified causes, and establishes  
            administrative procedures for review of an adverse action by the  
            State Personnel Board.


          2)Requires notice of any adverse action against a state employee  
            for any cause for discipline based on any civil service law be  
            served within three years of the cause for discipline.


          3)Specifies that in cases of fraud, embezzlement, or falsification  
            of records, notice must be served within three years after the  
            discovery of the activity.


          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee, significant costs, General Fund 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:  According to the author, "Currently, investigations  
          against employees can be extended up to three years after  
          discovery of an incident.  This lengthy timeframe causes a delay  
          in action against improper or illegal behavior by employees,  
          disruption of the workplace, and unnecessary costs from  
          administrative leave or back pay.  Moreover, as time passes, the  
          integrity of the investigation decreases as witnesses' memories  
          fade, evidence is lost and many of the individuals involved move  
          on to new careers and/or locations.  Such circumstances ultimately  
          costs the state thousands of dollars in litigation and lost  
          productivity each year.  By the time any investigation has been  








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          borne out, the damage has already been done.  Therefore, it is  
          vital that California streamline this process to ensure  
          investigations happen as promptly and thoroughly as possible."


          The author concludes, "This bill streamlines the process for  
          investigating employees accused of wrongdoing to ensure it is  
          conducted as efficiently and timely as possible.  This measure  
          does not change the current statute of limitations for cases of  
          fraud, embezzlement or falsification of records."  


          This bill is similar to AB 811 (Salas) of the current legislative  
          session.  AB 811 requires that any adverse action taken against a  
          state employee for any cause for discipline be served within one  
          year after the discovery of the cause for discipline first arose.   



          This bill is also similar to the introduced version of AB 1783  
          (Jones-Sawyer), Chapter 724, Statutes of 2014, which passed out of  
          the Assembly Public Employees, Retirement, and Social Security  
          Committee on a five to one vote.  The bill was later amended to  
          delete these provisions and to instead continue to exempt certain  
          public transit workers from the requirements of the Public  
          Employees' Pension Reform Act.


          Similar provisions were also contained in numerous bills that  
          attempted to implement a bill of rights for public employees.   
          Those bills include: AB 872 (Dickinson) of the 2013-14 Regular  
          Session, AB 1655 (Dickinson) of 2012, AB 920 (Portantino) of the  
          2011-12 Regular Session, and AB 1744 (Portantino) of 2010.  All of  
          these bills were held in the Assembly Appropriations Committee.




          Analysis Prepared by:                                               








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                          Karon Green / P.E.,R., & S.S. / (916) 319-3957   
          FN: 0000590