SECTIONS 19590-19593

19590.  Notwithstanding Article 1 (commencing with Section 19570),persons who have been designated as managerial employees underSection 3513 from the beginning of their current appointment, butwhose positions are not in the career executive category, shall holdtheir appointments subject to the following adverse action process: (a) The employee may be demoted, dismissed, or otherwisedisciplined under this section for any of the causes specified inSection 19572, but shall not be disciplined for any causeconstituting prohibited discrimination as set forth in Sections 19700to 19703, inclusive. (b) At least 20 days prior to the effective date of thedisciplinary action, the appointing power shall give the employeewritten notice of the proposed action setting forth the reasons forthe action, the effective date of the action, the right of theemployee to answer the notice orally or in writing within 10 days ofreceipt of notice, and the employee's appeal rights. Within 15 daysafter the effective date of the disciplinary action, a copy thereofshall be filed with the board. (c) The board, at the written request of a disciplined managerialemployee filed within 30 days of the employee's receipt of the noticeof the disciplinary action, may investigate with or without ahearing the reasons for the action. If the adverse action taken against the employee was adisciplinary action other than demotion or dismissal, the boardshall, after the investigation or hearing, affirm, reduce, oroverturn the action of the appointing power. If the adverse action taken against the employee was a demotion ordismissal from state civil service, the board shall, after theinvestigation or hearing and subject to Section 19592.5, affirm orreduce the action, restore the employee to the position from which heor she was demoted, or reinstate the employee to the position fromwhich he or she was dismissed or to a position to which he or shecould have transferred. The decision of the board to modify the action of the appointingpower pursuant to this subdivision shall be taken only if the boarddetermines, after investigation or hearing, that there is nosubstantial evidence to support the reason or reasons fordisciplinary action, or that the disciplinary action was made infraud or bad faith. In any such proceeding, the disciplinedmanagerial employee shall have the burden of proof. Subject torebuttal by the employee, it shall be presumed that the action wasfree from fraud and bad faith and that the statement of reasons inthe 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 statecivil service position, may be dismissed from state service only asprovided in Article 1 (commencing with Section 19570). Similarly, amanagerial employee who has served in a state civil servicemanagerial position for a combined period of at least 12 months, maybe 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 haveprevious permanent status as described in this section, if thedismissal action is taken during the first year of his or her servicein a state civil service managerial position or positions.19591.  Any employee demoted pursuant to Section 19590 shall, asspecified by Section 19140.5, have the right to be reinstated to hisor her former civil service position.19592.  When action is taken under this article, the provisions ofthis article and related board rule shall constitute the entiredisciplinary action and review process, except that the provisions ofSections 19574.1, 19583.5, and 19584 shall also apply in a mannerconsistent with the provisions of this article.19592.2.  Pending investigation by the appointing power ofaccusations against an employee involving any of the causes fordiscipline specified in Section 19572, the appointing power may orderthe employee on leave of absence for not to exceed 15 days. Theleave 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 isterminated, the leave shall be with pay. If adverse action is taken on or before the date the leave isterminated, the adverse action may be taken retroactive to any dateon or after the date the employee went on leave. The adverse action,under these circumstances, shall be valid if written notice is servedupon the employee and filed with the board not later than 15calendar days after the employee is notified of the adverse action.19592.5.  Notwithstanding any other provisions of law, when ademotion action is taken against a managerial employee who was hiredfrom outside of state civil service pursuant to Section 18930, andthe action is taken during the first year of his or her service in astate civil service managerial position or positions, he or she mayonly transfer, reinstate, be reduced in class or demoted to otherpositions designated as managerial.19593.  This article shall not apply to managerial appointments thattook effect prior to January 1, 1984, or in subsequent appointments,except that it shall apply when the provisions of this part andboard rule would have required the employee to serve a newprobationary period in a subsequent appointment. Where service of anew probationary period would have been discretionary on the part ofthe appointing power, the appointing power may either apply theprovisions of this article to the new appointment, or require theemployee to serve the probationary period previously prescribed forthe class by the State Personnel Board, or appoint the employee withno new probationary period.