SECTIONS 19590-19593 - California Statutes

GOVERNMENT CODE

SECTION 19590-19593

19590. Notwithstanding Article 1 (commencing with Section 19570),
persons who have been designated as managerial employees under
Section 3513 from the beginning of their current appointment, but
whose positions are not in the career executive category, shall hold
their appointments subject to the following adverse action process:
(a) The employee may be demoted, dismissed, or otherwise
disciplined under this section for any of the causes specified in
Section 19572, but shall not be disciplined for any cause
constituting prohibited discrimination as set forth in Sections 19700
to 19703, inclusive.
(b) At least 20 days prior to the effective date of the
disciplinary action, the appointing power shall give the employee
written notice of the proposed action setting forth the reasons for
the action, the effective date of the action, the right of the
employee to answer the notice orally or in writing within 10 days of
receipt of notice, and the employee's appeal rights. Within 15 days
after the effective date of the disciplinary action, a copy thereof
shall be filed with the board.
(c) The board, at the written request of a disciplined managerial
employee filed within 30 days of the employee's receipt of the notice
of the disciplinary action, may investigate with or without a
hearing the reasons for the action.
If the adverse action taken against the employee was a
disciplinary action other than demotion or dismissal, the board
shall, after the investigation or hearing, affirm, reduce, or
overturn the action of the appointing power.
If the adverse action taken against the employee was a demotion or
dismissal from state civil service, the board shall, after the
investigation or hearing and subject to Section 19592.5, affirm or
reduce the action, restore the employee to the position from which he
or she was demoted, or reinstate the employee to the position from
which he or she was dismissed or to a position to which he or she
could have transferred.
The decision of the board to modify the action of the appointing
power pursuant to this subdivision shall be taken only if the board
determines, after investigation or hearing, 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 shall have the burden of proof. Subject to
rebuttal by the employee, it shall be 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.

19590.5. Notwithstanding Section 19590, a managerial employee who,
without a subsequent break in service due to a permanent separation,
has previously served with permanent status in a nonmanagerial state
civil service position, may be dismissed from state service only as
provided in Article 1 (commencing with Section 19570). Similarly, a
managerial employee who has served in a state civil service
managerial position for a combined period of at least 12 months, may
be dismissed from state service only as provided in Article 1
(commencing with Section 19570). Section 19590 shall apply, however,
to a dismissal action against a managerial employee who does not have
previous permanent status as described in this section, if the
dismissal action is taken during the first year of his or her service
in a state civil service managerial position or positions.

19591. Any employee demoted pursuant to Section 19590 shall, as
specified by Section 19140.5, have the right to be reinstated to his
or her former civil service position.

19592. When action is taken under this article, the provisions of
this article and related board rule shall constitute the entire
disciplinary action and review process, except that the provisions of
Sections 19574.1, 19583.5, and 19584 shall also apply in a manner
consistent with the provisions of this article.

19592.2. Pending investigation by the appointing power of
accusations against an employee involving any of the causes for
discipline specified in Section 19572, the appointing power may order
the employee on leave of absence for not to exceed 15 days. The
leave may be terminated by the appointing power by giving 48 hours'
notice in writing to the employee.
If adverse action is not taken on or before the date the leave is
terminated, the leave shall be with pay.
If adverse action is taken on or before the date the leave is
terminated, the adverse action may be taken retroactive to any date
on or after the date the employee went on leave. The adverse action,
under these circumstances, shall be valid if written notice is served
upon the employee and filed with the board not later than 15
calendar days after the employee is notified of the adverse action.

19592.5. Notwithstanding any other provisions of law, when a
demotion action is taken against a managerial employee who was hired
from outside of state civil service pursuant to Section 18930, and
the action is taken during the first year of his or her service in a
state civil service managerial position or positions, he or she may
only transfer, reinstate, be reduced in class or demoted to other
positions designated as managerial.

19593. This article shall not apply to managerial appointments that
took effect prior to January 1, 1984, or in subsequent appointments,
except that it shall apply when the provisions of this part and
board rule would have required the employee to serve a new
probationary period in a subsequent appointment. Where service of a
new probationary period would have been discretionary on the part of
the appointing power, the appointing power may either apply the
provisions of this article to the new appointment, or require the
employee to serve the probationary period previously prescribed for
the class by the State Personnel Board, or appoint the employee with
no new probationary period.