California Government Code ARTICLE 1 - Disciplinary Proceedings

  • Section 19570.
    As used in this article “adverse action” means dismissal, demotion, suspension, or other disciplinary action. This article shall not apply to any adverse action affecting...
  • Section 19571.
    In conformity with this article and the board rule, adverse action may be taken against any employee, or person whose name appears on any employment...
  • Section 19572.
    Each of the following constitutes cause for discipline of an employee, or of a person whose name appears on any employment list:(a) Fraud in securing appointment.(b) Incompetency.(c) Inefficiency.(d) Inexcusable...
  • Section 19573.
    The Department of Human Resources may establish disciplinary criteria applicable to adverse actions taken by appointing bodies pursuant to the causes of discipline set forth...
  • Section 19574.
    (a) The appointing power, or its authorized representative, may take adverse action against an employee for one or more of the causes for discipline specified in...
  • Section 19574.1.
    (a) An employee who has been served with notice of adverse action, or a representative designated by the employee, shall have the right to inspect any...
  • Section 19574.2.
    (a) Any party claiming that his or her request for discovery pursuant to Section 19574.1 has not been complied with may serve and file a petition...
  • Section 19574.5.
    Pending investigation by the appointing power of accusations against an employee involving misappropriation of public funds or property, drug addiction, mistreatment of persons in a...
  • Section 19575.
    The employee has 30 calendar days after the effective date of the adverse action to file with the board a written answer to the notice...
  • Section 19575.5.
    At any time before an employee’s appeal is submitted to the board or its authorized representative for decision, the appointing power may with the consent...
  • Section 19576.
    Whenever an answer is filed by an employee who has been suspended without pay for five days or less, or who has received a formal...
  • Section 19576.1.
    Effective January 1, 1996, notwithstanding Section 19576, this section shall apply only to state employees in State Bargaining Unit 5.Whenever an answer is filed by...
  • Section 19578.
    Except as provided in Section 19576, whenever an answer is filed to an adverse action, the board or its authorized representative shall within a reasonable...
  • Section 19579.
    Failure of either party (the employee, the employer, or their representatives) to proceed at the hearing shall be deemed a withdrawal of the action or...
  • Section 19580.
    Either by deposition or at the hearing the employee may be examined and may examine or cause any person to be examined under Section 776...
  • Section 19581.
    The board or its authorized representative shall issue subpenas for witnesses for the employee upon his written request and at his cost. The board or...
  • Section 19581.5.
    Prior to the scheduling of a contested adverse action or rejection on probation for hearing, the board may require or any party may request a...
  • Section 19582.
    (a) Hearings may be held by the board, or by any authorized representative, but the board shall render the decision that in its judgment is just...
  • Section 19582.5.
    The board may designate certain of its decisions as precedents. Decisions of the board are subject to Section 11425.60. The board may provide by rule...
  • Section 19582.51.
    Effective January 1, 1996, notwithstanding Section 19582.5, this section shall only apply to state employees in State Bargaining Unit 5. The board may designate certain...
  • Section 19583.
    The board shall render a decision within a reasonable time after the hearing or investigation. The adverse action taken by the appointing power shall stand...
  • Section 19583.1.
    Dismissal of an employee from the service shall, unless otherwise ordered by the board:(a) Constitute a dismissal as of the same date from any and all...
  • Section 19583.5.
    (a) Any person, except for a current ward of the Division of Juvenile Facilities, a current inmate of the Department of Corrections and Rehabilitation, or a...
  • Section 19584.
    Whenever the board revokes or modifies an adverse action and orders that the employee be returned to his or her position, it shall direct the...
  • Section 19585.
    (a) This section shall apply to permanent and probationary employees and may be used in lieu of adverse action and rejection during probation when the only...
  • Section 19586.
    Within 30 days after the day a copy of the decision rendered by the board in a proceeding under this article is served by the...
  • Section 19587.
    If the petition for rehearing is granted, the matter shall be set down for rehearing by the board or its authorized representative. If the matter...
  • Section 19588.
    The right to petition a court for writ of mandate, or to bring or maintain any action or proceeding based on or related to any...
  • Section 19589.
    Letters of reprimand shall be removed from the personnel file of the state employee and destroyed not later than three years from the date the...

Last modified: October 22, 2018