AB 2032, as amended, Bonta. Civil service: employee hearings.
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. Existing law also authorizes 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 and requires the board to schedule an evidentiary hearing within 60 days. In an appeal to the board, the appointing power bears the burden of proof that the employee was discharged for good cause.
Under existing law, an employee, under certain circumstances, may seek a writ of mandate with the courts if the board does not render a decision within the statutory time limits. Under existing case law, the employee has the burden of proof in the writ of mandate proceedings that the adverse action against him or her was not supported by good cause.
This bill wouldbegin delete requireend deletebegin insert provideend insert that thebegin insert appointing power has theend insert burden of proofbegin delete remain with the appointing powerend delete in a proceeding for a writ of mandate brought by an employee when the board has not
rendered a decision within the above-described time limit.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 18671.1 of the Government Code is
2amended to read:
(a) If a hearing or investigation is conducted by the
4board or its authorized representative in regard to an appeal by an
5employee, the hearing or investigation shall be commenced within
6a reasonable time after the filing of the appeal. For appeals from
7actions resulting in the termination of an employee, if an
8evidentiary hearing has not commenced within six months of the
9filing of the appeal, the employee may make a written request for
10a priority hearing by the board. Upon receipt of the written request,
11the board shall schedule an evidentiary hearing within 60 days of
12the request at a hearing location designated by the board.
13(b) The board shall render its decision within a reasonable time
14after
the conclusion of the hearing or investigation, except that the
15
period from the filing of the appeal to the decision of the board
16shall not exceed six months.
17(c) The provisions described in subdivision (b) relating to the
18six-month period for a decision may be waived by the employee
19but if not so waived, a failure to render a timely decision is an
20exhaustion of all available administrative remedies.
21(d) The board may order all of, or a portion of, any hearing to
22be conducted using electronic media pursuant to board rules.
23(e) Notwithstanding any other law, the burden of proof by
24preponderance of the evidence that the employee engaged in
25conduct on which the disciplinary charge is based and that the
26conduct constitutes a cause of discipline under Section 19772,
27remains with the appointing power in a proceeding for a writ of
28mandate brought by an employee when the board has failed to
29render a decision within the time limit established by this section.
30(e) In a proceeding for a writ of mandate brought by an
31employee when the board has failed to render a decision within
P3 1the time limit established by this section, the appointing power
2has the burden of proof that the employee engaged in conduct on
3which the disciplinary charge is based and that the conduct
4constitutes a cause of discipline under Section 19572. For purposes
5of this subdivision, proof shall be by a preponderance of the
6evidence.
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