BILL ANALYSIS
AB 749
Page 1
Date of Hearing: May 6, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
AB 749 (Fong) - As Introduced: February 26, 2009
Policy Committee: P.E.R. &
S.S.Vote: 4-2
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill prohibits disciplinary action from being imposed on
civil service employees in State Bargaining Unit (BU) 5 (Highway
Patrol) until the appeal process is completed and the charges
have been sustained by an administrative judge. Specifically,
this bill:
1)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.
2)Changes the timeframe within which an employee must file an
appeal of an adverse action with the SPB from 15 to 20
calendar days after the notice was served on the employee.
3)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.
FISCAL EFFECT
1)Significant workload related cost increase, potentially more
than $750,000, to the State Personnel Board (SPB) to handle
additional appeals. The bill creates a strong incentive to
appeal cases in order to delay adverse actions.
2)Additional cost pressure, to the extent that the bill results
in other bargaining units seeking similar delays.
COMMENTS
AB 749
Page 2
1)Background . 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 meeting is generally held at which the employee may
present his or her response to the proposed adverse action.
After the 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action is not withdrawn, the state civil service employee may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.
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 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.
2)Rationale . According to its supporters (American Federation of
State, County, and Municipal Employees Local 2620 and the
California Correctional Supervisors Organization), the bill is
intended to ensure that employees receive full due process
rights prior to being subject to penalties. They point to
large backlogs at SPB and assert that many innocent employees
must wait up to two years before their appeals are fully
exhausted. They further contend that remedies authorized in
existing law do not adequately compensate those that have been
wrongly terminated or disciplined.
Analysis Prepared by : Brad Williams / APPR. / (916) 319-2081