AB 1783, as introduced, Jones-Sawyer. Public employees: rights.
Existing law requires notice of any adverse action against any state employee for any cause for discipline based on any civil service law to be served within 3 years after the cause for discipline, upon which the notice is based, first arose. Existing law provides that an adverse action based on fraud, embezzlement, or the falsification of records is valid if notice of the adverse action is served within 3 years after the discovery of the fraud, embezzlement, or falsification.
This bill would require that notice of any adverse action for discipline, other than for fraud, embezzlement, or falsification of records, be served and the investigation completed within one year from the time the cause for discipline arose.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 19635 of the Government Code is
2amended to read:
begin deleteNo end deletebegin insert(a)end insertbegin insert end insertbegin insertExcept as provided in subdivision (b), no end insert
4adverse action shall be valid against any state employee for any
P2 1cause for discipline based on any civil service law of this state,
2unless notice of the adverse action is servedbegin delete within three years begin insert
and the investigation is completed within one year
3after the cause for discipline, upon which the notice is based, first
4arose. Adverseend delete
5after the cause for discipline arose.end insert
6begin insert(b)end insertbegin insert end insertbegin insertAdverseend insert action based on fraud, embezzlement, or the
7falsification of records shall be valid, if notice of the adverse action
8is served within three years after the discovery of the fraud,
9embezzlement, or falsification.
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