Section 17043 - Failure to Meet Requirements for Continuing Employment(a) If such a procedure is permitted under the Local Agency's Personnel System, in lieu of disciplinary action, a Local Agency may terminate, demote, transfer, reduce the salary, or otherwise alter the employment of a Program employee without the Program employee's consent and for reasons unrelated to the Program employee's iob performance when the only cause of action against the employee is failure to meet a requirement for continuing employment. Such actions shall not be considered disciplinary for purposes of the Program employee's record and may be referred to as non-disciplinary actions. Such actions may include but are not limited to demotion or transfer; termination based on an unapproved absence by the employee; demotion or transfer unrelated to a reduction in force; actions based on the Program employee's medical condition; the imposition of paid and unpaid leaves; and any other action permitted under the Local Agency's Personnel System.(b) A Program employee may appeal such actions to the Department after seeking a remedy directly from the Local Agency. In the event the Local Agency and the Program employee are unable to resolve the dispute, the Program employee shall notify the Department in writing of his or her appeal and the basis for the appeal. The employee shall attach evidence of having requested a remedy directly from the Local Agency and the outcome of that request. Such appeals must be filed with the Department within 30 calendar days of the date on which the Program employee was notified that the Local Agency would not provide the relief the Program employee requested. An appeal does not delay the effective date of the action.(c) The scope of appeal is limited to: (1) Whether the Local Agency failed to comply with an element of the Personnel System.(2) Whether the Local Agency is taking the action for an unlawful reason.(d) On receipt of the appeal, the Director shall appoint a Hearing Officer who is an Administrative Law Judge to hear the appeal in accordance with Section 17045 and prepare a proposed decision, except that the appellant has the burden of proving by a preponderance of the evidence that the non-disciplinary action was improper. The Director shall render and issue a decision within 90 calendar days of all evidence being submitted.(e) The appellant's rights to reinstatement to his or her former position after the cause of the non-disciplinary action has been resolved shall be determined by the Local Agency in accordance with the Local Agency's Personnel System.Cal. Code Regs. Tit. 2, § 17043
1. New section filed 6-23-2016; operative 6-23-2016. Submitted to OAL for filing and printing only (Register 2016, No. 26). Note: Authority cited: Sections 19800, 19801, 19803 and 19811, Government Code. Reference: Sections 19803 and 19805, Government Code.
1. New section filed 6-23-2016; operative 6/23/2016. Submitted to OAL for filing and printing only (Register 2016, No. 26).