AB 843 — State employees.
Last action — From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
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✓Introduced
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2In Committee
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3Passed Assembly
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2009-2010 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
(1) Existing law prescribes procedures for taking adverse action against state employees, other than managerial employees. This bill would remove the exclusion for managerial employees with respect to these procedures. (2) Existing law relating to adverse actions against managerial employees provide that if the adverse action was a demotion or dismissal from state civil service, the State Personnel Board is required, after a specified investigation or hearing, to affirm or reduce the action, or restore or reinstate the employee. The adverse action may be modified only if the board determines that there is no substantial evidence to support the reason or reasons for disciplinary action, or that the disciplinary action was made in fraud or bad faith. In any such proceeding, the disciplined managerial employee has the burden of proof, and subject to rebuttal by the employee, it is presumed that the action was free from fraud and bad faith and that the statement of reasons in the notice of disciplinary action is true. This bill would delete the provision that the disciplined managerial employee has the burden of proof, and would delete the presumptions that the action was free from fraud and bad faith and that the statement of reasons in the notice of disciplinary action is true.
Bill Text
What changed in the latest version
1 added · 1 removed1 line(s) added, 1 removed.
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- Introduced 02/26/09 - Introduced Current pdf February 26, 2009
- AB843 View text html
Action History
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From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
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Died pursuant to Art. IV, Sec. 10(c) of the Constitution.
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In committee: Set, second hearing. Held under submission.
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In committee: Set, first hearing. Referred to APPR. suspense file.
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From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 5. Noes 1.) (April 22).
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Referred to Com. on P.E.,R. & S.S.
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From printer. May be heard in committee March 29.
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Read first time. To print.
Sponsors
- Block · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on
Sponsors (1)
- Block
Co-sponsors (0)
None.
Not signed on (121)
121 members have not signed on to this bill.
Show all 121 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 1 | 0 | 0 |
| Total | 5 | 1 | 0 | 0 |
| % of votes cast | 83% | 17% | 0% | 0% |
How each member voted (6)
| Member | Party | Vote |
|---|---|---|
| Furutani | — | Yea |
| Torrico | — | Yea |
| Beall | — | Yea |
| Hernandez | — | Yea |
| Nestande | — | Nay |
| Conway | — | Yea |
Subjects
Frequently asked questions
- What does AB 843 do?
- (1) Existing law prescribes procedures for taking adverse action against state employees, other than managerial employees. This bill would remove the exclusion for managerial employees with respect to these procedures. (2) Existing law relating to adverse actions against managerial employees provide that if the adverse action was a demotion or dismissal from state civil service, the State Personnel Board is required, after a specified investigation or hearing, to affirm or reduce the action, or restore or reinstate the employee. The adverse action may be modified only if the board determines that there is no substantial evidence to support the reason or reasons for disciplinary action, or that the disciplinary action was made in fraud or bad faith. In any such proceeding, the disciplined managerial employee has the burden of proof, and subject to rebuttal by the employee, it is presumed that the action was free from fraud and bad faith and that the statement of reasons in the notice of disciplinary action is true. This bill would delete the provision that the disciplined managerial employee has the burden of proof, and would delete the presumptions that the action was free from fraud and bad faith and that the statement of reasons in the notice of disciplinary action is true.
- Who sponsors AB 843?
- AB 843 is sponsored by Block.
- What is the current status of AB 843?
- This bill died with 2009-2010 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track AB 843?
- Track AB 843 free on One Click Politics — get push/email alerts when it moves.
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