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. Existing law also authorizes an employee to make a written request for a priority hearing by the board for an appeal of an action that resulted in the employee’s termination if an evidentiary hearing has not commenced within 6 months of the filing of the appeal and requires the board to schedule an evidentiary hearing within 60 days. In an appeal to the board, the appointing power bears the burden of proof that the employee was discharged for good cause.

Under existing law, an employee, under certain circumstances, may seek a writ of mandate with the courts if the board does not render a decision within the statutory time limits. Under existing case law, the employee has the burden of proof in the writ of mandate proceedings that the adverse action against him or her was not supported by good cause.

This bill would provide that the appointing power has the burden of proof in a proceeding for a writ of mandate brought by an employee when the board has not rendered a decision within the above-described time limit.