CHAPTER 7. Separations From Service

Heading of Chapter 7 renumbered from Chapter 8 by Stats. 1985, Ch. 794, Sec. 27.

§§ 19570–19593 · 36 sections

1. ARTICLE 1. Disciplinary Proceedings §§ 19570–19589 · 29 sections

   • § 19570 As used in this article “adverse action” means dismissal, demotion, suspension, or other disciplinary action. This article shall not apply to any adverse…
   • § 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 list for…
   • § 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…
   • § 19573 The Department of Human Resources may establish disciplinary criteria applicable to adverse actions taken by appointing bodies pursuant to the causes of…
   • § 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…
   • § 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…
   • § 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 to compel…
   • § 19574.5 Pending investigation by the appointing power of accusations against an employee involving misappropriation of public funds or property, drug addiction,…
   • § 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 of adverse action. The…
   • § 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 of…
   • § 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 reprimand or up to a one-step…
   • § 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…
   • § 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…
   • § 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 appeal,…
   • § 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 of the Evidence Code.
   • § 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 its…
   • § 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 prehearing or…
   • § 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 and proper.…
   • § 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 for the…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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 payment of salary…
   • § 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…
   • § 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 board upon the parties to the…
   • § 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 is set for…
   • § 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 civil service law of this State…
   • § 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 letters were…
2. ARTICLE 2. Tenure of Managerial Employees §§ 19590–19593 · 7 sections

   • § 19590 Notwithstanding Article 1 (commencing with Section 19570), persons who have been designated as managerial employees under Section 3513 from the beginning of…
   • § 19590.5 Notwithstanding Section 19590, a managerial employee who, without a subsequent break in service due to a permanent separation, has previously served with…
   • § 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…
   • § 19592 When action is taken under this article, the provisions of this article and related board and Department of Human Resources rules shall constitute the entire…
   • § 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…
   • § 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…
   • § 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…