Bill Text: CA AB871 | 2011-2012 | Regular Session | Introduced

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Bill Title: Civil service: employee hearings.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-02-01 - Died at Desk. [AB871 Detail]

Download: California-2011-AB871-Introduced.html

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BILL NUMBER: AB 871	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Jones

                        FEBRUARY 17, 2011

   An act to amend Section 18671.1 of the Government Code, relating
to civil service.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 871, as introduced, Jones. Civil service: employee hearings.
   The California Constitution establishes the civil service and
creates the State Personnel Board to enforce the civil service
statutes. 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.
   This bill would make a technical, nonsubstantive change to that
provision.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 18671.1 of the Government Code is amended to
read:
   18671.1.  Whenever a hearing or investigation is conducted by the
board or its authorized representative  in  
with  regard to an appeal by an employee, the hearing or
investigation shall be commenced within a reasonable time after the
filing of the petition and the board shall render its decision within
a reasonable time after the conclusion of the hearing or
investigation, except that the period from the filing of the petition
to the decision of the board shall not exceed six months or 90 days
from the time of the submission, whichever time period is less, and
except that the board may extend the six-month period up to 45
additional days. In the event of an extension, the board shall
publish substantial reasons for the need for the extension in its
calendar prior to the conclusion of the six-month period. Submission
occurs on the last day of the hearing, if no other documents are to
be filed, or on the last day designated for the filing of briefs or
other evidence necessary to complete the record. The provisions
relating to the six-month or the 90-day periods for a decision may be
waived by the employee but if not so waived, a failure to render a
timely decision is an exhaustion of all available administrative
remedies. In cases involving complaints of discrimination,
harassment, or retaliation, where the executive officer renders a
decision, the decision shall be rendered within four months of the
filing of the appeal.