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SB-646 State Civil Service Act: adverse action: notice. (2017-2018)

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Date Published: 02/17/2017 09:00 PM
SB646:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 646


Introduced by Senator Galgiani

February 17, 2017


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


LEGISLATIVE COUNSEL'S DIGEST


SB 646, as introduced, Galgiani. 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 based on fraud, embezzlement, or falsification of records, if the cause for discipline was discovered on or after January 1, 2018, notice would be required to be served within one year of the discovery of the cause for discipline.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   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) No adverse action shall 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 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.
(b) If the cause for discipline was discovered on or after January 1, 2018, no adverse action shall 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 cause for discipline, upon which the notice is based, first arose. This subdivision shall not apply to an adverse action based on fraud, embezzlement, or falsification of records.