California AB 2151

Existing law, the State Civil Service Act, regulates employment with the state and vests in the Department of Human Resources all powers, duties, and authority necessary to operate the state civil service system. Existing law, except as specified, authorizes adverse action to be taken against any employee, or person whose name appears on any employment list, for specified causes of discipline. This bill, except as specified, would prohibit an employee from being disciplined for cause unless the conduct constituting cause is reasonably related to the employee's fitness, qualifications, or ability to perform the duties of the position. The bill would prohibit its provisions from being construed to limit any procedural or substantive protections otherwise provided by statute, regulation, or memorandum of understanding. This bill would require the Department of Corrections and Rehabilitation to develop and implement, no later than January 1, 2030, an employee training or diversion program as an available alternative to monetary disciplinary penalties for any correctional peace officer employed by a department, division, board, or commission under the jurisdiction of the Department of Corrections and Rehabilitation. The bill would require the appointing authority to consider whether an employee is eligible for participation in the program before imposing a monetary disciplinary penalty on the employee for any act or omission giving rise to a cause for discipline. The bill would authorize the appointing authority to impose more serious penalties if the nature and frequency of the conduct of the correctional peace officer constitutes serious and grave misconduct and the appointing authority states in writing the specific facts supporting that determination and documents why participation in the training or diversion program would be inappropriate. The bill would require the Department of Corrections and Rehabilitation, beginning on January 1, 2031, and annually thereafter, to submit a report to appropriate policy and fiscal committees of the Legislature that includes specified information about the program.