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

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Date Published: 06/25/2019 09:00 PM
AB1007:v96#DOCUMENT

Amended  IN  Senate  June 25, 2019
Amended  IN  Assembly  May 16, 2019
Amended  IN  Assembly  March 25, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1007


Introduced by Assembly Member Jones-Sawyer

February 21, 2019


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


LEGISLATIVE COUNSEL'S DIGEST


AB 1007, as amended, Jones-Sawyer. State Civil Service Act: adverse action: notice.
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 would instead provide that for any adverse action not prohibit adverse action based on fraud, embezzlement, falsification of records, harassment on specified bases, sexual assault, or a cause for discipline that is the subject of a criminal investigation or criminal prosecution for a felony, from being valid unless notice would be required to be is served within one year after 3 years after the discovery of the cause for discipline, upon which the notice is based, first arose, if the cause for discipline was discovered on or after January 1, 2020. discipline. The bill would also prohibit adverse action from being valid unless notice is served within one year after the discovery of the cause for discipline if the cause for discipline is not of those excepted bases specified in the previous sentence and it was discovered on or after January 1, 2020. The bill would also make other clarifying changes to that provision.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   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), no (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, discipline 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.
(b) Notwithstanding subdivision (a), if the cause for discipline is not specified in subdivision (c) and was discovered on or after January 1, 2020, no 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 one year after the discovery of the cause for discipline, upon which the notice is based, first arose. This subdivision shall not apply to an adverse action based on any of the following: 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.