California Assembly Bill AB2854

California 2021-2022 Regular Session

• Introduced: 2/18/22

Caption

Public employment: disqualification from employment.

Impact

The bill's implications reflect a continued effort to maintain integrity within public service positions by ensuring that individuals who engage in significant felony offenses are barred from future public employment. The amendment clearly outlines the situations under which such disqualifications apply, including the commencement date of the disqualification period, which starts either from the date of conviction or the release from incarceration. Notably, this serves to uphold the public's trust in governance by preventing individuals with serious criminal backgrounds from holding public office.

Summary

Assembly Bill No. 2854, introduced by Assembly Member Jones-Sawyer on February 18, 2022, seeks to amend Section 1021.5 of the Government Code concerning disqualification from public employment. Currently, the law dictates that any public employee who is convicted of certain felony offenses, such as bribery, embezzlement of public money, extortion, theft of public money, perjury, or conspiracy related to the duties of public employment, is disqualified from public service for five years. AB2854 proposes nonsubstantive changes to existing laws surrounding this disqualification process.

Contention

Although AB2854 primarily focuses on clarifying existing regulations, discussions may arise around the degree of scrutiny applied to individuals who fall under this disqualification rule. Stakeholders could voice concerns about fairness, particularly regarding the 'at-will' status of public employees and the potential consequences of being labeled as a felon. While supporters of the bill argue it reinforces accountability, skeptics might contend that the five-year disqualification period imposes excessively harsh restrictions on individuals seeking to redeem themselves post-conviction.