Today's Law As Amended


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AB-1007 State Civil Service Act: adverse action: notice.(2019-2020)



As Amends the Law Today


SECTION 1.

 Section 19635 of the Government Code is amended to read:

19635.
 No (a)  Except as provided in subdivision (b) or (c),  adverse action shall not  be valid against any state employee for any cause for discipline based on any civil service law of this state, state  unless notice of the adverse action is served within three years after the cause for discipline, upon which the notice is based, first arose. Adverse action based on fraud, embezzlement, or the falsification of records shall be valid, if notice of the adverse action is served within three years after the discovery of the fraud, embezzlement, or falsification. discipline first arose. 
(b) Notwithstanding subdivision (a), if the cause for discipline is not specified in subdivision (c) and was discovered on or after January 1, 2020, 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 within one year after the discovery of the cause for discipline.
(c) Notwithstanding subdivision (a), adverse action based on any of the following causes of discipline shall not be valid unless notice of the adverse action is served within three years after the discovery of the cause for discipline:
(1) Fraud.
(2) Embezzlement.
(3) Falsification of records.
(4) Harassment on the basis of race, color, religion, sex, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, or genetic information.
(5) Sexual assault.
(6) A cause for discipline that is the subject of a criminal investigation or criminal prosecution for a felony.