California 2013-2014 Regular Session Status: To Executive 1 D cosponsors

AB 2032 — Civil service: employee hearings.

Last action — Vetoed by Governor.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2013-2014 Regular Session. It reached “To Executive” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

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.

Bill Text

Action History

  1. Vetoed by Governor.

  2. Enrolled and presented to the Governor at 3 p.m.

  3. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 62. Noes 15. Page 6035.).

  4. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 9 pursuant to Assembly Rule 77.

  5. Read third time. Passed. Ordered to the Assembly. (Ayes 27. Noes 7. Page 4373.).

  6. Read second time. Ordered to third reading.

  7. Read third time and amended. Ordered to second reading.

  8. Read second time. Ordered to third reading.

  9. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  10. In committee: Hearing postponed by committee.

  11. From committee: Do pass and re-refer to Com. on APPR. (Ayes 3. Noes 2.) (June 9). Re-referred to Com. on APPR.

  12. Referred to Coms. on P.E. & R. and APPR.

  13. In Senate. Read first time. To Com. on RLS. for assignment.

  14. Read third time. Passed. Ordered to the Senate. (Ayes 59. Noes 16. Page 4427.)

  15. Read second time. Ordered to third reading.

  16. From committee: Do pass. (Ayes 5. Noes 0.) (April 2).

  17. Referred to Com. on P.E.,R. & S.S.

  18. From printer. May be heard in committee March 23.

  19. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 5 voted No

Sponsors (1)

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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 2032 BONTA Concurrence in Senate Amendments

Passed 62 Yea · 15 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 581202
Democratic 4000
Republican 0300
Total 621502
% of votes cast 78%19%0%3%
How each member voted (79)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Harkey — Not Voting
Linder — Yea
Maienschein — Nay
Mansoor — Nay
Nazarian — Yea
Nestande — Yea
Rendon — Yea
Rodriguez — Yea
Ting — Yea
Wilk — Nay
Williams — Yea
John A. Pérez — Yea
Salas — Yea
Chau — Yea
Allen — Nay
Hagman — Nay
Lowenthal — Not Voting
Chesbro — Yea
Chávez — Nay
Conway — Nay
Logue — Nay
Donnelly — Nay
Melendez — Nay
Olsen — Nay
Wagner — Nay
Weber — Yea
Gatto — Yea
Gomez — Yea
Gordon — Yea
Campos — Yea
Gorell — Yea
Hall — Yea
Holden — Yea
Jones-Sawyer — Yea
Garcia — Yea
Levine — Yea
Gray — Yea
Atkins — Yea
Fong — Yea
Bonilla — Yea
Medina — Yea
Mullin — Yea
Pan — Yea
Perea — Yea
Bocanegra — Yea
Ammiano — Yea
Bigelow — Yea
Cooley — Yea
Dababneh — Yea
Daly — Yea
Eggman — Yea
Quirk — Yea
Ridley-Thomas — Yea
Skinner — Yea
Waldron — Yea
Wieckowski — Yea
Dickinson — Yea
Fox — Yea
Frazier — Yea
Yamada — Yea
Beth Gaines — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

3rd Reading AB2032 Bonta By Block

Passed 27 Yea · 7 Nay · 6 Other
Party YeaNayPresentNot Voting
Democratic 2001
Unaffiliated 25705
Total 27706
% of votes cast 68%18%0%15%
How each member voted (40)
Member Party Vote
Lara — Yea
Monning — Yea
Pavley — Not Voting
Wolk — Not Voting
Correa — Yea
Evans — Yea
Galgiani — Yea
Hernandez — Yea
Mitchell — Yea
De León — Yea
Beall — Yea
Leno — Yea
Lieu — Yea
Liu — Yea
Steinberg — Yea
Torres — Yea
Wright — Not Voting
Cannella — Yea
Anderson — Yea
Block — Yea
Corbett — Yea
Fuller — Nay
Hancock — Not Voting
Hill — Yea
Hueso — Yea
Huff — Nay
Knight — Nay
Morrell — Nay
Nielsen — Nay
Roth — Yea
Vidak — Yea
Walters — Nay
Wyland — Yea
DeSaulnier — Yea
Yee — Not Voting
Beth Gaines — Nay
Bill Berryhill — Yea
Calderon, Lisa Democratic Not Voting
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

AB 2032 BONTA Assembly Third Reading

Passed 59 Yea · 16 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 551304
Democratic 4000
Republican 0300
Total 591604
% of votes cast 75%20%0%5%
How each member voted (79)
Member Party Vote
Achadjian — Not Voting
Alejo — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Jones-Sawyer — Yea
Linder — Yea
Maienschein — Nay
Mansoor — Nay
Pan — Yea
Quirk — Yea
Rodriguez — Yea
Waldron — Nay
Wilk — Nay
Dababneh — Yea
Daly — Yea
Gorell — Yea
Lowenthal — Yea
Holden — Yea
Garcia — Yea
Gray — Yea
Atkins — Yea
Bigelow — Yea
Ridley-Thomas — Yea
Skinner — Yea
Frazier — Yea
Fong — Yea
Campos — Yea
Chau — Yea
Bonilla — Yea
Gatto — Yea
Gomez — Yea
Hall — Yea
Bocanegra — Yea
Harkey — Nay
John A. Pérez — Yea
Levine — Yea
Logue — Nay
Medina — Yea
Melendez — Nay
Allen — Not Voting
Chesbro — Yea
Salas — Not Voting
Mullin — Yea
Nazarian — Yea
Chávez — Not Voting
Nestande — Yea
Ammiano — Yea
Bloom — Yea
Conway — Nay
Cooley — Yea
Dickinson — Yea
Donnelly — Nay
Eggman — Yea
Olsen — Nay
Perea — Yea
Rendon — Yea
Ting — Yea
Wagner — Nay
Weber — Yea
Wieckowski — Yea
Williams — Yea
Fox — Yea
Yamada — Yea
Gordon — Yea
Hagman — Nay
Beth Gaines — Yea
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass.

Passed 5 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 1000
Unaffiliated 4002
Total 5002
% of votes cast 71%0%0%29%
How each member voted (7)
Member Party Vote
Allen — Not Voting
Harkey — Not Voting
Jones-Sawyer — Yea
Rendon — Yea
Ridley-Thomas — Yea
Wieckowski — Yea
Bonta, Mia Democratic Yea

Official roll call →

Subjects

civil-rights labor
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Frequently asked questions

What does AB 2032 do?
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.
Who sponsors AB 2032?
AB 2032 is sponsored by Bonta, Mia (Democratic).
What is the current status of AB 2032?
This bill died with 2013-2014 Regular Session. It reached “To Executive” 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 2032?
Track AB 2032 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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