BILL ANALYSIS �
AB 692
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ASSEMBLY THIRD READING
AB 692 (Hall)
As Amended May 27, 2011
Majority vote
PUBLIC EMPLOYEES 4-1 APPROPRIATIONS 12-5
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|Ayes:|Furutani, Allen, Ma, |Ayes:|Fuentes, Blumenfield, |
| |Wieckowski | |Bradford, Charles |
| | | |Calderon, Campos, Davis, |
| | | |Gatto, Hall, Hill, Lara, |
| | | |Mitchell, Solorio |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Mansoor |Nays:|Harkey, Donnelly, |
| | | |Nielsen, Norby, Wagner |
| | | | |
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SUMMARY : Authorizes a state employee appealing a termination
action to request a priority hearing from the State Personnel
Board (SPB) if an evidentiary hearing has not begun within six
months of the filing of the appeal. Within 60 days of receiving
the request, SPB must schedule an evidentiary hearing. SPB is
also authorized to use electronic media to conduct all, or any
portion of, any hearing.
EXISTING LAW :
1)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.
2)Requires SPB 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 case. The SPB may extend this period by 45 days,
as specified.
3)States that should the employee prevail in his or her appeal,
AB 692
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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 : According to the Assembly Appropriations
Committee, minor and absorbable cost for SPB.
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. SPB
reports that it received 1,273 appeals of adverse actions in
2008. Of that total, 316 were sustained, six were revoked,
eight were modified, and the remaining 603 were disposed of
through pre-hearing settlement agreements.
According to supporters, "The SPB has over 3,800 SPB employee
cases to hear and not enough Judges to hear them. When an
employee is terminated they and their family suffer the loss of
their income and health benefits. SPB does not prioritize their
cases by importance but by blocks of time. If SPB can hear more
cases in a year by hearing numerous small cases that require
short blocks of time, then that is how they are prioritized.
"Many of the terminated employees have to wait up to 18 months
to receive a hearing date because their cases require larger
blocks of time. Many terminated employees win their SPB cases.
When this happens and it often does, the state has to pay the
employee back wages, which more often than not is for over 2
years. This is a substantial amount of money to pay someone for
not working. Also, the employee is allowed to charge the state
7% interest of that money. During this 2-year period the
employee and their family have been known to suffer devastating
losses. The loss of a home, credit, and in some cases a divorce
to name a few. It is cruel to make an employee wait up to and
in some cases beyond 2-years to find out that they should not
have been terminated."
Analysis Prepared by : Karon Green / P.E., R. & S.S. / (916)
319-3957
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FN: 0000942