BILL ANALYSIS �
AB 1783
Page 1
ASSEMBLY THIRD READING
AB 1783 (Jones-Sawyer)
As Amended May 23, 2014
Majority vote
PUBLIC EMPLOYEES 5-1 APPROPRIATIONS 12-5
-----------------------------------------------------------------
|Ayes:|Bonta, Jones-Sawyer, |Ayes:|Gatto, Bocanegra, |
| |Rendon, Ridley-Thomas, | |Bradford, |
| |Wieckowski | |Ian Calderon, Campos, |
| | | |Eggman, Gomez, Holden, |
| | | |Pan, Quirk, |
| | | |Ridley-Thomas, Weber |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Allen |Nays:|Bigelow, Donnelly, Jones, |
| | | |Linder, Wagner |
| | | | |
-----------------------------------------------------------------
SUMMARY : Requires, on and after January 1, 2016, that any
adverse action taken against a state employee for any cause for
discipline, other than for fraud, embezzlement, or the
falsification or records, be served and the investigation
completed within two years after the discovery of the cause for
discipline.
EXISTING LAW :
1)Authorizes an appointing power to take adverse action against
a state employee for specified causes, and establishes
administrative procedures for review of an adverse action by
the State Personnel Board.
2)Requires notice of any adverse action against a state employee
for any cause for discipline based on any civil service law be
served within three years of the cause for discipline.
3)Specifies that in cases of fraud, embezzlement, or
falsification, notice must be served within three years after
the discovery of the activity.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, significant costs, General Fund and special funds, in
AB 1783
Page 2
the millions of dollars annually statewide, for employers to
manage shortened timeframes for adverse actions. These costs
would likely diminish after the existing backlog is reduced.
COMMENTS : 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 become more onerous the
further removed they are in time from alleged misdeeds:
witnesses' memories fade, evidence is lost and many of the
individuals involved have often moved on. This ultimately costs
the state thousands of dollars in litigation and lost
productivity costs. Unfortunately, at this point, the damage
has been done."
The author concludes, "This purpose of this bill is to remedy
the various concerns regarding the excessive time period allowed
to investigate employees accused of wrongdoing. This measure
does not change the current statute of limitations for cases of
fraud, embezzlement or falsification of records."
Supporters state, "AB 1783 ensures a safe and healthy workplace
for employees and improves the efficiency of state government
for taxpayers and constituents of state services by seeking to
resolve adverse actions brought against employees in a timely
manner."
Analysis Prepared by : Karon Green / P.E., R. & S.S. / (916)
319-3957
FN: 0003690