BILL ANALYSIS
AB 749
Page 1
Date of Hearing: April 22, 2009
ASSEMBLY COMMITTEE ON PUBLIC EMPLOYEES, RETIREMENT AND SOCIAL
SECURITY
Ed Hernandez, Chair
AB 749 (Fong) - As Introduced: February 26, 2009
SUBJECT : Public employment: adverse action.
SUMMARY : Prohibits disciplinary action from being imposed on a
civil service employee in State Bargaining Unit (BU) 5 (Highway
Patrol) until the appeal process is completed and the charges
have been sustained. Specifically, this bill :
1)Prohibits an employer from imposing disciplinary action on a
BU 5 civil service employee until the State Personnel Board
(SPB) hearing has been completed and an administrative law
judge has sustained the charges.
2)Specifies that the employee may be dismissed from state
service prior to that time if the presence of the employee in
the workplace presents a danger to the facility or the public.
3)Changes the timeframe within which an employee must file an
appeal of an adverse action with the SPB to within 20 calendar
days after notice of the adverse action was served on the
employee rather than, as currently required, that notice be
filed within 15 calendar days after the effective date of the
adverse action.
4)Specifies that if an appeal was not filed within the 20
calendar day period, the disciplinary action will begin on the
21st day after that date.
EXISTING LAW establishes the SPB as a neutral body responsible
for administering a merit system of civil service employment
within California state government. As part of its
responsibility, the SPB has established administrative
procedures to resolve appeals of alleged violations of civil
service laws and rules.
The SPB is required to issue a decision within a reasonable time
after the conclusion of the hearing or investigation. For most
appeals, the SPB has six months from the filing of an appeal or
90 days from its submission, whichever is less, to decide the
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case. The SPB may extend this period by 45 days, as specified.
Should the employee prevail in his or her appeal, the SPB has
the authority to grant the following remedies: reinstatement
including back salary, benefits, and interest at 7%; change in
work assignment and/or location; or assignment of an alternative
or passing score on an examination. The SPB may also grant
compensatory damages in discrimination appeals.
FISCAL EFFECT : Unknown.
COMMENTS : Adverse actions are formal disciplinary measures
taken against state civil service employees. They include
dismissals, suspensions, demotions, reductions in salary,
disciplinary transfers and formal/official reprimands. When a
department takes adverse action against an employee, it must
give the employee at least five working days written notice
before the action takes effect. When the employee receives the
notice of the proposed adverse action, he/she has the right to
respond verbally or in writing to the department regarding the
charges prior to their effective date. An informal Skelly
meeting is generally held at which the employee may present his
or her response to the proposed adverse action. After the
Skelly meeting, the department may continue with, modify or
withdraw the proposed adverse action. If the proposed adverse
action is not withdrawn, the state civil service employee may
file an appeal with the SPB within 15 calendar days after the
effective date of the adverse action.
According to supporters, "Today, SPB has a back log of over
3,800 cases and many innocent employees have to wait up to 2
years before they have received their due process. If the SPB
determines that employee was wrongfully terminated, the state
will not only pay them their back wages but also will add 7%
interest, sometimes up to 2 years will have past before their
case is heard, and they are placed back in their position.
During those 2 years many employees have lost their homes, have
had their credit ruined, cannot send their children to college,
and in some cases this situation has led to the break of their
family. Receiving 2 years back salary at 7% interest hardly
covers what has happened to the employee.
"The root of the problem is the Hiring Authority's (HA) ability
to penalize the employee before the employee has received their
full due process rights. This practice of finding the employee
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guilty and penalizing them before they have received their due
process rights has always been a violation of the 14th Amendment
of the United States Constitution."
REGISTERED SUPPORT / OPPOSITION :
Support
American Federation of State, County, and Municipal Employees
Local 2620
California Correctional Supervisors Organization
Opposition
None on file
Analysis Prepared by : Karon Green / P.E., R. & S.S. / (916)
319-3957