BILL ANALYSIS Ó
AB 811
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Date of Hearing: April 8, 2015
ASSEMBLY COMMITTEE ON PUBLIC EMPLOYEES, RETIREMENT, AND SOCIAL
SECURITY
Rob Bonta, Chair
AB 811
(Salas) - As Introduced February 26, 2015
SUBJECT: Public employees: rights
SUMMARY: Requires that any adverse action taken against a state
employee for any cause for discipline, including fraud,
embezzlement, or falsification of records, be served within one
year after the discovery of the cause for discipline.
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
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falsification of records, notice must be served within three
years after the discovery of the activity.
FISCAL EFFECT: Unknown.
COMMENTS: According to the author, "State agencies currently
have a total of three years to complete an investigation of an
employee suspected of wrongdoing and take disciplinary action.
This lengthy process can cause undue hardship for employees,
especially when found innocent of any wrongdoing. In most
cases, a state employee suspected of wrongdoing is moved from
their position to another area and is not allowed to transfer or
promote until the investigation is complete. Often, state
agencies utilize the entire three years to complete an
investigation which can bring the employee's career to a
stand-still."
Supporters state, "The due process issues created by this
extended time in which to take action are serious ones. During
a three-year period of investigating and hearings after the
investigation is complete, many of the witnesses for the state
or for the employee may have retired, left state service for the
private sector, or could not recollect accurately after a
three-year time period. This diminishes the ability of the
employee to mount a defense in a hearing."
This bill is similar to AB 769 (Jones-Sawyer) of this session.
While AB 769 requires that any adverse action taken against a
state employee for any cause for discipline be served, and the
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investigation completed, within one year after the discovery of
the cause for discipline, it retains the three-year time period
in cases of fraud, embezzlement, or falsification of records.
This bill is similar to the introduced version of AB 1783
(Jones-Sawyer) of last year, which passed out of this Committee
on a 5 to 1 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 2013, AB 1655
(Dickinson) of 2012, AB 920 (Portantino) of 2011, AB 1744
(Portantino) of 2010. All of these bills were held in the
Assembly Appropriations Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
Association of California State Supervisors
California Association of Highway Patrolmen
California Correctional Supervisors Organization
AB 811
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Opposition
None on file
Analysis Prepared by:Karon Green / P.E.,R., & S.S. / (916)
319-3957