BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        AB 769|
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                                   THIRD READING 


          Bill No:  AB 769
          Author:   Jones-Sawyer (D) 
          Amended:  4/12/16 in Senate
          Vote:     21 

           SENATE PUBLIC EMP. & RET. COMMITTEE:  3-2, 4/25/16
           AYES:  Pan, Beall, Hall
           NOES:  Morrell, Moorlach

           SENATE APPROPRIATIONS COMMITTEE:  5-2, 8/11/16
           AYES:  Lara, Beall, Hill, McGuire, Mendoza
           NOES:  Bates, Nielsen 

           ASSEMBLY FLOOR:  58-21, 6/2/15 - See last page for vote

           SUBJECT:   State employees:  disciplinary action


          SOURCE:    American Federation of State, County and Municipal  
          Employees
                     Service Employees International Union, Local 1000
          
          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:
          








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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.

          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,  







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               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."

          Related/Prior 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  







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          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 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.:YesLocal:   No


          According to the Senate Appropriations Committee, this bill will  
          result in unknown costs, likely in the hundreds of thousands of  
          dollars annually, for state departments to shorten timeframes  
          related to adverse actions. To the extent that the backlog is  
          reduced, out-year costs could be reduced.


          SUPPORT:   (Verified8/11/16)


          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







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          Union of American Physicians and Dentists, Local 206


          OPPOSITION:   (Verified8/11/16)


          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 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."
          

          ASSEMBLY FLOOR:  58-21, 6/2/15
          AYES:  Alejo, Bloom, Bonilla, Bonta, Brown, Burke, Calderon,  
            Campos, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd,  
            Eggman, Frazier, Cristina Garcia, Eduardo Garcia, Gatto,  
            Gipson, Gomez, Gonzalez, Gordon, Gray, Roger Hernández,  
            Holden, Irwin, Jones-Sawyer, Lackey, Levine, Linder, Lopez,  
            Low, Maienschein, Mayes, McCarty, Medina, Mullin, Nazarian,  
            O'Donnell, Patterson, Perea, Quirk, Rendon, Ridley-Thomas,  
            Rodriguez, Salas, Santiago, Mark Stone, Thurmond, Ting,  
            Waldron, Weber, Williams, Wood, Atkins
          NOES:  Achadjian, Travis Allen, Baker, Bigelow, Brough, Chang,  
            Dahle, Beth Gaines, Gallagher, Grove, Hadley, Harper, Jones,  
            Kim, Mathis, Melendez, Obernolte, Olsen, Steinorth, Wagner,  
            Wilk
          NO VOTE RECORDED:  Chávez

          Prepared by:Glenn Miles / P.E. & R. / (916) 651-1519
          8/15/16 20:01:58


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