BILL NUMBER: AB 692	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 27, 2011

INTRODUCED BY   Assembly Member Hall

                        FEBRUARY 17, 2011

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 692, as amended, Hall. 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 require that
employee termination cases take priority over all other cases that
were initiated within the previous 6 months.   authorize
an employee to make a written request for a priority  
hearing by the board for an appeal of an action that resulted in the
employee's termination if an evidentiary hearing has not commenced
within 6 months of the filing of the appeal. The bill would require
the board to schedule an evidentiary hearing within 60 days of the
written request, as specified. The bill would also authorize the
board to order all of, or a portion of, any hearing to be conducted
using electronic media   pursuant to board rules.  The
bill would also make nonsubstantive, technical changes to that
provision.
   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.  (a) If 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. Employee
termination cases shall take priority over all other cases that were
initiated within the previous six months.   petition.
For appeals from actions resulting in the termination of an employee,
if an evidentiary hearing has not commenced within six months of the
filing of the appeal, the employee may make a written request for a
priority   hearing by the board. Upon receipt of the written
request, the board shall schedule an evidentiary hearing within 60
days of the request at a hearing location designated by the board.

   (b) 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.
   (c) 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.
   (d) The provisions described in subdivision (b) 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. 
   (e) The board may order all of, or a portion of, any hearing to be
conducted using electronic media pursuant to board rules. 

   (e) 
    (f  )  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.