BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 1783
                                                                  Page  1

          Date of Hearing:   April 30, 2014

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

             AB 1783 (Jones-Sawyer) - As Introduced:  February 18, 2014 

          Policy Committee:                              PERSSVote:5-1

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              No

           SUMMARY  

          This bill requires that any adverse action taken against a state  
          employee for any cause for discipline based on any civil service  
          law be initiated and the investigation completed within one year  
          after the cause for discipline arose.

          The bill does not amend the process for adverse actions based on  
          fraud, embezzlement, or falsification of records, which must be  
          initiated within three years of the discovery of the cause for  
          action. 

           FISCAL EFFECT  

          Significant costs, GF and special funds, in the range of  
          $500,000 annually statewide, for employers to manage shortened  
          timeframes for adverse actions.  These costs would likely  
          diminish after the existing backlog is reduced.

           COMMENTS  

          1)  Purpose.   According to the author, the lengthy timeframe for  
            investigations causes prolonged disruption of the workplace,  
            unnecessary costs for extended administrative leave or  
            backpay, and delayed correction of improper or inefficient  
            behavior of employees.  Additionally, investigations may  
            become prejudiced by the unnecessary passage of time as  
            witnesses' memories can fade, evidence can be lost, and many  
            of the individuals involved can move on.

            This measure does not change the current statute of  
            limitations for cases of fraud, embezzlement or falsification  
            of records.








                                                                  AB 1783
                                                                  Page  2


          2)  Previous legislation.   This bill is similar to AB 872  
            (Dickinson) of 2013, AB 1655 (Dickinson) of 2012, AB 920  
            (Portantino) of 2011, and AB 1744 (Portantino) of 2010, all of  
            which were held on the Suspense File of this committee.





           Analysis Prepared by  :    Joel Tashjian / APPR. / (916) 319-2081