BILL NUMBER: AB 712	CHAPTERED  09/01/99

	CHAPTER   283
	FILED WITH SECRETARY OF STATE   SEPTEMBER 1, 1999
	APPROVED BY GOVERNOR   AUGUST 31, 1999
	PASSED THE ASSEMBLY   AUGUST 19, 1999
	PASSED THE SENATE   JULY 15, 1999
	AMENDED IN SENATE   JUNE 24, 1999
	AMENDED IN ASSEMBLY   APRIL 27, 1999

INTRODUCED BY   Assembly Member Firebaugh

                        FEBRUARY 24, 1999

   An act to amend Sections 89538 and 89539 of the Education  Code,
relating to the California State University.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 712, Firebaugh.  California State University: disciplinary
actions against employees.
   Existing law establishes the California State University and
authorizes the operation of its various campuses under the
administration of the Trustees of the California State University.
Existing law sets forth a procedure for employee discipline that
contemplates, under specified conditions, the dismissal, demotion,
suspension, or reassignment of an employee.  Under that procedure, an
employee may answer a notice of reassignment, or may appeal a
dismissal, suspension, or demotion, within 20 days.
   This bill would extend the period allowed for an answer or appeal
to 30 days.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 89538 of the Education Code is amended to read:

   89538.  (a) Notice of dismissal, demotion, or suspension for cause
of an employee shall be in writing, signed by the chancellor or his
or her designee and be served on the employee.  The notice shall set
forth a statement of causes, the events or transactions upon which
the causes are based, the nature of the penalty and the effective
date, and a statement of the employee's right to answer within 30
days and request a hearing before the State Personnel Board.
   (b) Notice of the reassignment of an administrative employee
pursuant to Section 66609 shall be in writing, and shall be served on
the employee.  The notice shall set forth a statement of the
employee's right to answer within 30 days and request a hearing
before the trustees.  This hearing shall be only on the question of
whether the position to which the employee is reassigned is
commensurate with his or her qualifications.
  SEC. 2.  Section 89539 of the Education Code is amended to read:
   89539.  (a) (1) Any employee dismissed, suspended, or demoted for
cause may request a hearing by the State Personnel Board by filing a
request, in writing, with the board within 30 days of being served
with the notice.
   (2) The request may be on any one or more of the following
grounds:
   (A) The required procedure was not followed.
   (B) There is no ground for dismissal, suspension, or demotion.
   (C) The penalty is excessive, unreasonable, or discriminatory.
   (D) The employee did not do the acts or omissions alleged as the
events or transactions upon which the causes are based.
   (E) The acts or omissions alleged as the events or transactions
upon which the causes are based were justified.
   (b) The State Personnel Board shall hold a hearing, following the
same procedure as in state civil service proceedings, and shall
render a decision affirming, modifying, or revoking the action taken.
  In a hearing, the burden of proof shall be on the party taking the
dismissal action.
   (c) An administrative employee reassigned pursuant to Section
66609 may request a hearing by the trustees by filing a request for a
hearing, in writing, with the trustees within 30 days of being
served with the notice.  The request may be on the grounds that the
required procedure was not followed or that the position to which the
employee is reassigned is not commensurate with his or her
qualifications.  The trustees shall hold a hearing, and shall render
a decision affirming, modifying, or revoking the action taken.
   (d) The State Personnel Board may bill the California State
University for the costs incurred in conducting hearings involving
employees of the California State University pursuant to Sections
89535 to 89542, inclusive.