Bill Text: CA AB843 | 2009-2010 | Regular Session | Introduced

California Assembly Bill 843 (Prior Session Legislation)

Introduced

Bill Title: State employees.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-02-02 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB843 Detail]

Download: California-2009-AB843-Introduced.html

BILL NUMBER: AB 843	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Block

                        FEBRUARY 26, 2009

   An act to amend Sections 19570 and 19590 of the Government Code,
relating to state employees. .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 843, as introduced, Block. State employees.
   (1) Existing law prescribes procedures for taking adverse action
against state employees, other than managerial employees.
   This bill would remove the exclusion for managerial employees with
respect to these procedures.
   (2) Existing law relating to adverse actions against managerial
employees provide that if the adverse action was a demotion or
dismissal from state civil service, the State Personnel Board is
required, after a specified investigation or hearing, to affirm or
reduce the action, or restore or reinstate the employee. The adverse
action may be modified only if the board determines that there is no
substantial evidence to support the reason or reasons for
disciplinary action, or that the disciplinary action was made in
fraud or bad faith. In any such proceeding, the disciplined
managerial employee has the burden of proof, and subject to rebuttal
by the employee, it is presumed that the action was free from fraud
and bad faith and that the statement of reasons in the notice of
disciplinary action is true.
   This bill would delete the provision that the disciplined
managerial employee has the burden of proof, and would delete the
presumptions that the action was free from fraud and bad faith and
that the statement of reasons in the notice of disciplinary action is
true.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 19570 of the Government Code is amended to
read:
   19570.  As used in this article "adverse action" means dismissal,
demotion, suspension, or other disciplinary action.  This
article shall not apply to any adverse action affecting managerial
employees subject to Article 2 (commencing with Section 19590),
except as provided in Sections 19590.5, 19592, and 19592.2. 

  SEC. 2.  Section 19590 of the Government Code is amended to read:
   19590.  Notwithstanding Article 1 (commencing with Section 19570),
persons who have been designated as managerial employees under
Section 3513 from the beginning of their current appointment, but
whose positions are not in the career executive category, shall hold
their appointments subject to the following adverse action process:
   (a) The employee may be demoted, dismissed, or otherwise
disciplined under this section for any of the causes specified in
Section 19572, but shall not be disciplined for any cause
constituting prohibited discrimination as set forth in Sections 19700
to 19703, inclusive.
   (b) At least 20 days prior to the effective date of the
disciplinary action, the appointing power shall give the employee
written notice of the proposed action setting forth the reasons for
the action, the effective date of the action, the right of the
employee to answer the notice orally or in writing within 10 days of
receipt of notice, and the employee's appeal rights. Within 15 days
after the effective date of the disciplinary action, a copy thereof
shall be filed with the board.
   (c) The board, at the written request of a disciplined managerial
employee filed within 30 days of the employee's receipt of the notice
of the disciplinary action, may investigate with or without a
hearing the reasons for the action.
   If the adverse action taken against the employee was a
disciplinary action other than demotion or dismissal, the board
shall, after the investigation or hearing, affirm, reduce, or
overturn the action of the appointing power.
   If the adverse action taken against the employee was a demotion or
dismissal from state civil service, the board shall, after the
investigation or hearing and subject to Section 19592.5, affirm or
reduce the action, restore the employee to the position from which he
or she was demoted, or reinstate the employee to the position from
which he or she was dismissed or to a position to which he or she
could have transferred.
   The decision of the board to modify the action of the appointing
power pursuant to this subdivision shall be taken only if the board
determines, after investigation or hearing, that there is no
substantial evidence to support the reason or reasons for
disciplinary action, or that the disciplinary action was made in
fraud or bad faith.  In any such proceeding, the disciplined
managerial employee shall have the burden of proof. Subject to
rebuttal by the employee, it shall be presumed that the action was
free from fraud and bad faith and that the statement of reasons in
the notice of disciplinary action is true.