Bill Text: CA AB1651 | 2017-2018 | Regular Session | Amended
Bill Title: Community colleges: academic employees: involuntary administrative leave.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2017-10-13 - Chaptered by Secretary of State - Chapter 765, Statutes of 2017. [AB1651 Detail]
Download: California-2017-AB1651-Amended.html
Amended
IN
Assembly
April 18, 2017 |
Assembly Bill | No. 1651 |
Introduced by Assembly Member Reyes |
February 17, 2017 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 87623 is added to the Education Code, to read:87623.
(a) (1) An academic employee shall not be placed on involuntary administrative leave, including involuntary paid administrative leave, or otherwise investigated for an allegation of misconduct, without first being provided a copy of each written complaint related to the proposed involuntary administrative leave or allegation of misconduct and the details of the allegation or allegations upon which the investigation or the decision to place the employee on involuntary administrative leave is based, which shall be provided to the employee at least two business days before either of the following:(a)An academic employee shall not be automatically placed on paid administrative leave. An academic employee may be placed on paid administrative leave only in accordance with this section, and for compelling reasons, which shall include allegations of any of the following:
(1)Misappropriation of an amount of funds or property that is not de minimis.
(2)An act that would constitute a felony or misdemeanor involving moral turpitude.
(3)True threats of physical violence, as defined by law.
(4)Other serious and extreme behavior, or serious misconduct.
(b)(1)Paid administrative leave shall be for a duration not to exceed 30 calendar days unless the superintendent of the community college district, after an informal hearing, determines that an extension of the leave is appropriate. The community college superintendent may delegate the holding of the hearing to a subordinate employee who is not involved in the investigation of the allegations, if the superintendent makes the final decision. In the absence of the superintendent, the final decision shall be made by the highest-ranking administrator of the community college district other than the superintendent. The superintendent or other administrator making the decision shall make findings of fact to explain the decision.
(2)At least five workdays prior to an informal hearing held pursuant to paragraph (1), the community college district shall set forth in writing the factual basis and rationale for the imposition of the paid administrative leave.
(3)The informal hearing shall be conducted in accordance with Skelly hearing procedures, which include, but are not necessarily limited to, all of the following:
(A)Reasonable notice of the proposed action given to the academic employee.
(B)Reasons for the proposed action given in writing.
(C)A copy of the pertinent allegations, along with any supporting materials,
given to the academic employee.
(D)The academic employee has a right to respond to the proposed action either orally or in writing.
(c)An investigation of an academic employee relating to the proposed imposition of paid administrative leave shall be completed expeditiously, and within 90 calendar days, unless there is clear and convincing evidence that additional time is required.
(d)The decision to place an academic employee on paid administrative leave shall be subject to the grievance provisions of any applicable collective bargaining agreement entered into pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code. In the event that an academic employee is on paid
administrative leave for more than 90 calendar days, that employee has a right to demand either of the following:
(1)To receive a second hearing on the propriety of the extension of the paid administrative leave.
(2)To proceed to an expedited arbitration of any grievance contesting the continuation of the paid administrative leave, except the decision to arbitrate under this paragraph, shall be solely the decision of the academic employee, and not subject to the duty of fair representation under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code.
(e)The compensation of an academic employee who is on paid administrative leave shall include pay for all work that the academic
employee would have performed if he or she had not been placed on leave.
(f)The parties to a collective bargaining agreement entered into pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code shall be entitled to negotiate additional policies and procedures relating to the paid administrative leave of an academic employee as long as those policies and procedures are not in conflict with this section.