Bill Text: CA AB769 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: State employees: disciplinary action.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2016-09-30 - Vetoed by Governor. [AB769 Detail]

Download: California-2015-AB769-Amended.html

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BILL NUMBER: AB 769	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 12, 2016

INTRODUCED BY   Assembly Member Jones-Sawyer

                        FEBRUARY 25, 2015

   An act to amend Section 19635 of the Government Code, relating to
public employment.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 769, as amended, Jones-Sawyer. State employees: disciplinary
action.
   The State Civil Service Act requires notice of any adverse action
against any state employee for any cause for discipline based on any
civil service law to be served within 3 years after the cause for
discipline, upon which the notice is based, first arose. That act
provides that an adverse action based on fraud, embezzlement, or the
falsification of records is valid if notice of the adverse action is
served within 3 years after the discovery of the fraud, embezzlement,
or falsification.
   This bill, except with respect to adverse action based on fraud,
embezzlement,  or  the falsification of records,
 or the unauthorized accessing or disclosure of confidential tax
information,  would require that the notice be served and any
investigation completed within one year after the cause for
discipline arose.  Those excepted bases for adverse action would
be valid if notice of the adverse action is served within 3 years
after discovery. 
   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 19635 of the Government Code is amended to
read:
   19635.  (a) Except as provided in subdivision (b), an adverse
action shall not be valid against any state employee for any cause
for discipline based on any civil service law of this state, unless
notice of the adverse action is served and any investigation is
completed within one year after the cause for discipline arose.
   (b) Adverse action based on fraud, embezzlement,  or
 the falsification of  records  
records, or the unauthorized accessing or disclosure of confidential
tax information as prohibited by Article 2 (commencing with Section
19542) of Chapter 7 of Part 10.2 of Division 2 of the Revenue and
Taxation Code  shall be valid if notice of the adverse action is
served within three years after the discovery of the fraud,
embezzlement,  or falsification.  
falsification, or unauthorized accessing or disclosure.