AB 843

Bill Subjects

Abstract

(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.