BILL ANALYSIS Ó
SENATE COMMITTEE ON
PUBLIC EMPLOYMENT AND RETIREMENT
Dr. Richard Pan, Chair
2015 - 2016 Regular
Bill No: AB 769 Hearing Date: 4/25/16
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|Author: |Jones-Sawyer |
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|Version: |4/12/16 As amended |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|Glenn Miles |
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Subject: State employees: disciplinary action
SOURCE: American Federation of State, County and Municipal
Employees
Service Employees International Union, Local 1000
ASSEMBLY VOTES:
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|Assembly Floor: |58-12 |
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|Assembly Appropriations |12-5 |
|Committee: | |
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|Assembly Public Employees, |6-1 |
|Retirement/Soc Sec Committee: | |
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DIGEST: This bill provides that any adverse action taken
against a state employee for any cause for discipline based on
any civil service law of this state, other than for fraud,
embezzlement, the falsification of records, or the unauthorized
accessing or disclosure of confidential tax information, shall
not be valid unless notice is served, and any investigation is
completed, within one year after the cause for discipline arose.
ANALYSIS:
AB 769 (Jones-Sawyer) Page 2 of ?
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.
This bill:
1)Provides that any adverse action taken against a state
employee for any cause for discipline based on any civil
service law of this state, except as specified, shall not be
valid unless notice of the adverse action is served and any
investigation is completed within one year after the cause for
discipline arose.
2)Excepts from the one year limitation an adverse action based
on fraud, embezzlement, the falsification of records, or the
unauthorized accessing or disclosure of confidential tax
information. An adverse action based on one of the excepted
reasons shall be valid if notice of the adverse action is
served within three years after the discovery of the fraud,
embezzlement, falsification, or the unauthorized accessing or
disclosure of confidential tax information.
Background
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,
AB 769 (Jones-Sawyer) Page 3 of ?
evidence is lost, and many of the individuals involved move
on to new careers and/or locations. Such circumstances
ultimately cost the state thousands of dollars in
litigation and lost productivity each year. By the time
any investigation has been 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."
Prior/Related Legislation
AB 811 (Salas, 2015), which died in Assembly Appropriations
Committee, would have required 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.
AB 1783 (Jones-Sawyer, 2014), as introduced, would have required
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 from the time the cause for discipline
arose. AB 1783 was subsequently gutted and amended with
non-related provisions.
AB 872 (Dickinson, 2013) included, as part of the Safety
Accountability Fairness and Efficiency Act for Public Employees,
a provision that would have required that any adverse action
taken against a state employee for any cause for discipline,
other than for fraud, embezzlement, or the falsification or
records, be served and the investigation completed within one
year from the time the cause for discipline arose. The bill
died in the Assembly Appropriations Committee.
AB 1655 (Dickinson, 2012) included, as part of the Public
Employees' Bill of Rights Act, a provision that would have
required that any adverse action taken against a state employee
for any cause for discipline, other than for fraud,
embezzlement, or the falsification or records, be served and the
investigation completed within one year from the time the cause
for discipline arose. The bill died in the Assembly
Appropriations Committee.
AB 920 (Portantino, 2011) included, as part of the Public
Employees' Bill of Rights Act, a provision that would have
AB 769 (Jones-Sawyer) Page 4 of ?
required that any adverse action taken against a state employee
for any cause for discipline, other than for fraud,
embezzlement, or the falsification or records, be served and the
investigation completed within one year from the time the cause
for discipline arose. The bill died in the Assembly
Appropriations Committee.
AB 1744 (Portantino, 2010) included, as part of the Public
Employees' Bill of Rights Act, a provision that would have
required that any adverse action taken against a state employee
for any cause for discipline, other than for fraud,
embezzlement, or the falsification or records, be served and the
investigation completed within one year from the time the cause
for discipline arose. The bill died in the Assembly
Appropriations Committee.
FISCAL EFFECT: Appropriation: No Fiscal
Com.: Yes Local: No
SUPPORT:
American Federation of State, County and Municipal Employees
(co-source)
Service Employees International Union, Local 1000 (co-source)
Association of California State Supervisors
California Association of Highway Patrolmen
California Association of Professional Scientists
California Association of Psychiatric Technicians
California Correctional Peace Officers Association
California Correctional Supervisors Organization
California Immigrant Policy Center
California Statewide Law Enforcement Association
Professional Engineers in California Government
Union of American Physicians and Dentists
OPPOSITION:
None received
ARGUMENTS IN SUPPORT:
According to the sponsor, the current lengthy time frame to
conduct an adverse action investigation against a state employee
"causes prolonged disruption of the workplace, unnecessary costs
AB 769 (Jones-Sawyer) Page 5 of ?
for extended administrative leave or back pay, and delayed
correction of improper or inefficient behavior by employees.
Additionally, investigations become more onerous the further
removed they are in time from alleged misdeeds: witnesses'
memories fade, evidence is lost and many of the individuals
involved have often moved on. AB 769 seeks to remedy these
problems by requiring departments to conduct more expedient and
cost-efficient investigations."