California Government Code Section 18671.1

Government Code Section 18671.1 provides in relevant part: "Whenever a hearing or investigation is conducted by the board or its authorized representative in regard to an appeal by an employee, the hearing or investigation shall be commenced within a reasonable time after the filing of the petition and the board shall render its decision within a reasonable time after the conclusion of the hearing or investigation, except that the period from the filing of the petition to the decision of the board shall not exceed six months or 90 days from the time of the submission, whichever time period is less, and except that the board may extend the six-month period up to 45 additional days. . . . The provisions relating to the six-month or the 90-day periods for a decision may be waived by the employee but if not so waived, a failure to render a timely decision is an exhaustion of all available administrative remedies. . . ." In California Correctional Peace Officers Assn. v. State Personnel Bd. (1995) 10 Cal.4th 1133 (CCPOA), where the Board had delayed resolving appeals from disciplinary actions beyond the statutory period, section 18671.1 was deemed not to divest the Board of jurisdiction over the appeals. The court held that when the Board delays resolving an appeal from a disciplinary action, "an employee who has not waived the time limit may seek a writ of mandate against the Board to compel the Board to decide the appeal by a date certain. Alternatively, . . . he or she may seek a writ of mandate against the appointing authority to set aside the adverse action." (Ibid.)