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 secution for a felony, notice would be required to be served within one year of the discovery of after the cause for discipline. discipline, upon which the notice is based, first arose, if the cause for discipline was discovered on or after January 1, 2020.
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 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) Notwithstanding subdivision (a), if the cause for discipline was discovered on or after January 1, 2020, 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 any of the following:
(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.