BILL NUMBER: AB 944	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Silva

                        FEBRUARY 26, 2009

   An act to amend Section 18671.1 of the Government Code, relating
to public employment.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 944, as introduced, Silva. Civil service: employee hearings.
   The California Constitution establishes the civil service and
creates the State Personnel Board to enforce the civil service
statutes. Existing law authorizes the State Personnel Board to hold
hearings and make investigations concerning matters relating to the
administration of the civil service. These provisions require, among
other things, that a hearing or investigation be commenced within a
reasonable time after the filing of the petition whenever a hearing
or investigation is conducted in regard to an appeal by an employee.
   This bill would revise that provision to additionally require that
employee termination cases take priority over all other cases that
were initiated within the previous 4 months.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 18671.1 of the Government Code is amended to
read:
   18671.1.  Whenever a hearing or investigation is conducted by the
board or its authorized representative in regard to an appeal by an
employee, the hearing or investigation shall be commenced within a
reasonable time after the filing of the petition and  the
  employee termination cases shall take priority over
all other cases that were initiated within the previous four months.
The  board shall render its decision within a reasonable time
after the conclusion of the hearing or investigation, except that the
period from the filing of the petition to the decision of the board
shall not exceed six months or 90 days from the time of the
submission, whichever time period is less, and except that the board
may extend the six-month period up to 45 additional days. In the
event of an extension, the board shall publish substantial reasons
for the need for the extension in its calendar prior to the
conclusion of the six-month period. Submission occurs on the last day
of the hearing, if no other documents are to be filed, or on the
last day designated for the filing of briefs or other evidence
necessary to complete the record. The provisions relating to the
six-month or the 90-day periods for a decision may be waived by the
employee but if not so waived, a failure to render a timely decision
is an exhaustion of all available administrative remedies. In cases
involving complaints of discrimination, harassment, or retaliation,
where the executive officer renders a decision, the decision shall be
rendered within four months of the filing of the appeal.