Bill Text: CA SB318 | 2011-2012 | Regular Session | Chaptered

California Senate Bill 318 (Prior Session Legislation)

Bill Title: Civil service: rejected probationer: investigation.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2011-07-01 - Chaptered by Secretary of State. Chapter 60, Statutes of 2011. [SB318 Detail]

Download: California-2011-SB318-Chaptered.html

BILL NUMBER: SB 318	CHAPTERED
	BILL TEXT

	CHAPTER  60
	FILED WITH SECRETARY OF STATE  JULY 1, 2011
	APPROVED BY GOVERNOR  JUNE 30, 2011
	PASSED THE SENATE  JUNE 16, 2011
	PASSED THE ASSEMBLY  JUNE 13, 2011
	AMENDED IN ASSEMBLY  MAY 2, 2011

INTRODUCED BY   Senator De Le�n

                        FEBRUARY 14, 2011

   An act to amend Sections 19173 and 19175 of the Government Code,
relating to civil service.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 318, De Le�n. Civil service: rejected probationer:
investigation.
   Existing law requires the service of a probationary period under
specified circumstances, including when an employee enters the civil
service. Under existing law, the probationer may be rejected by the
appointing power during the probationary period for reasons relating
to the probationer's qualifications, the good of the service, or
failure to demonstrate merit, efficiency, fitness, and moral
responsibility. Existing law requires the State Personnel Board to
prescribe rules regarding the time in which a probationer may be
rejected and take certain actions in an investigation of the reasons
for that rejection. Existing law exempts employees of State
Bargaining Unit 5, the California Association of Highway Patrolmen,
from these rules and actions of the board, as specified.
   This bill would delete these exceptions relating to members of
State Bargaining Unit 5.


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

  SECTION 1.  Section 19173 of the Government Code is amended to
read:
   19173.  (a) Any probationer may be rejected by the appointing
power during the probationary period for reasons relating to the
probationer's qualifications, the good of the service, or failure to
demonstrate merit, efficiency, fitness, and moral responsibility, but
he or she shall not be rejected for any cause constituting
prohibited discrimination as set forth in Sections 19700 to 19703,
inclusive.
   (b) A rejection during probationary period is effected by the
service upon the probationer of a written notice of rejection which
shall include: (A) an effective date for the rejection that shall not
be later than the last day of the probationary period; and (B) a
statement of the reasons for the rejection. Service of the notice
shall be made prior to the effective date of the rejection, as
defined by board rule for service of notices of adverse actions.
Notice of rejection shall be served prior to the conclusion of the
prescribed probationary period. The probationary period may be
extended when necessary to provide the full notice period required by
board rule. Within 15 days after the effective date of the
rejection, a copy thereof shall be filed with the board.
  SEC. 2.  Section 19175 of the Government Code is amended to read:
   19175.  The board at the written request of a rejected
probationer, filed within 15 calendar days of the effective date of
rejection, may investigate with or without a hearing the reasons for
rejection. After investigation, the board may do any of the
following:
   (a) Affirm the action of the appointing power.
   (b) Modify the action of the appointing power.
   (c) Restore the name of the rejected probationer to the employment
list for certification to any position within the class; provided,
that his or her name shall not be certified to the agency by which he
or she was rejected, except with the concurrence of the appointing
power of that agency.
   (d) Restore him or her to the position from which he or she was
rejected, but this shall be done only if the board determines, after
a hearing, that there is no substantial evidence to support the
reason or reasons for rejection, or that the rejection was made in
fraud or bad faith. At the hearing, the rejected probationer shall
have the burden of proof. Subject to rebuttal by the rejected
probationer, it shall be presumed that the rejection was free from
fraud and bad faith and that the statement of reasons therefor in the
notice of rejection is true.