Bill Text: CA AB2234 | 2019-2020 | Regular Session | Introduced


Bill Title: Classified school and community college employees: personnel commission: legal counsel.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2020-02-14 - From printer. May be heard in committee March 15. [AB2234 Detail]

Download: California-2019-AB2234-Introduced.html


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2234


Introduced by Assembly Member Chau

February 13, 2020


An act to amend Sections 45313 and 88132 of the Education Code, relating to school and community college employees.


LEGISLATIVE COUNSEL'S DIGEST


AB 2234, as introduced, Chau. Classified school and community college employees: personnel commission: legal counsel.
Existing law authorizes a school district or community college district to adopt a merit system that establishes how the governing board of the district employs, pays, and otherwise controls the services of classified employees of the district. Existing law requires a district that adopts a merit system to appoint a personnel commission consisting of either 3 or 5 members and requires the commission to classify employees and positions within the jurisdiction of the governing board or of the commission. Existing law requires the legal counsel of the governing board to represent the commission in all legal matters, except that existing law requires the legal counsel to refuse to represent the commission in circumstances in which the legal counsel knows, or has reason to know, that a conflict exists between the interests of the commission and the interests of the governing board or the district. Existing law authorizes the commission to employ its own attorney if the legal counsel refuses to represent the commission.
This bill would authorize a single member of the personnel commission to also declare that a conflict exists between the interests of the commission and the interests of the governing board or the district. The bill would authorize the commission to employ its own attorney if a member of the commission makes that declaration.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 45313 of the Education Code is amended to read:

45313.
 The (a) Except as provided in subdivision (b), the legal counsel of the governing board shall aid and represent the commission in all legal matters. If the legal counsel does not respond to a written request by the commission for aid or representation within 15 working days of receipt of the written request, the legal counsel is deemed to have refused to aid or represent the commission in that matter.

The

(b) (1) The legal counsel shall refuse to represent the commission in circumstances in which the legal counsel knows, or has reason to know, that at the time the request is made a conflict exists between the interests of the commission and the interests of the governing board or the school district.
(2) Notwithstanding any other provision of this article, a member of the commission may also declare that a conflict exists between the interests of the commission and the interests of the governing board or the school district.

If

(c) If the legal counsel or a member of the commission declares that a conflict exists, or if the legal counsel otherwise refuses to aid or represent the commission in a legal matter, the commission may employ its own attorney, and the reasonable cost thereof of the attorney shall constitute a legal charge against the general funds of the school district.

SEC. 2.

 Section 88132 of the Education Code is amended to read:

88132.
 The (a) Except as provided in subdivision (b), the legal counsel of the governing board shall aid and represent the commission in all legal matters. If the legal counsel does not respond to a written request by the commission for aid or representation within 15 working days of receipt of the written request, the legal counsel is deemed to have refused to aid or represent the commission in that matter.

The

(b) (1) The legal counsel shall refuse to represent the commission in circumstances in which the legal counsel knows, or has reason to know, that at the time the request is made a conflict exists between the interests of the commission and the interests of the governing board or the community college district.
(2) Notwithstanding any other provision of this article, a member of the commission may also declare that a conflict exists between the interests of the commission and the interests of the governing board or the community college district.

If

(c) If the legal counsel or a member of the commission declares that a conflict exists, or if the legal counsel otherwise refuses to aid or represent the commission in a legal matter, the commission may employ its own attorney, and the reasonable cost thereof of the attorney shall constitute a legal charge against the general funds of the community college district.

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