SECTIONS 19630-19635 - California Statutes

GOVERNMENT CODE

SECTION 19630-19635

19630. No action or proceeding shall be brought by any person
having or claiming to have a cause of action or complaint or ground
for issuance of any complaint or legal remedy for wrongs or
grievances based on or related to any civil service law in this
state, or the administration thereof, unless that action or
proceeding is commenced and served within one year after the cause of
action or complaint or ground for issuance of any writ or legal
remedy first arose. The person shall not be compensated for the time
subsequent to the date when the cause or ground arose unless that
action or proceeding is filed and served within 90 days after the
cause or ground arose. Where an appeal is taken from a decision of
the board, the cause of action does not arise until the final
decision of the board.
This section shall not be applicable to any action or proceeding
for the collection of salary or wage, the amount of which is not
disputed by the state agency owing that salary or wage.

19631. The time for filing or commencing any such action or
proceeding does not run during any time that the matter involved,
including layoff appeals, is before the board pursuant to petition of
the person involved, and final action has not been taken thereon by
the board.

19632. Process directed to any officer or employee, or the board or
its members, in any action or proceeding arising under this part
shall be served upon the office of the Chief Counsel of the board.

19633. In any proceeding brought pursuant to Section 1094.5 of the
Code of Civil Procedure for the purpose of inquiring into the
validity of any final administrative order or decision by the board,
an award of costs or attorney's fees or both to the petitioner shall
be borne by the real party in interest and shall not be assessed
against the board, unless there is no real party in interest. This
section may not be construed to authorize an award of attorney's
fees.

19635. No adverse action shall be valid against any state employee
for any cause for discipline based on any civil service law of this
state, unless notice of the adverse action is served within three
years after the cause for discipline, upon which the notice is based,
first arose. Adverse action based on fraud, embezzlement, or the
falsification of records shall be valid, if notice of the adverse
action is served within three years after the discovery of the fraud,
embezzlement, or falsification.