Bill Text: CA AB379 | 2009-2010 | Regular Session | Amended

California Assembly Bill 379 (Prior Session Legislation)

Bill Title: Classified employees: personnel commissions: director.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2010-02-02 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB379 Detail]

Download: California-2009-AB379-Amended.html

BILL NUMBER: AB 379	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 13, 2009

INTRODUCED BY   Assembly Member Torlakson

                        FEBRUARY 23, 2009

   An act to add Sections 45266.5 and 88086.25 to the Education Code,
relating to classified employees.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 379, as amended, Torlakson. Classified employees: personnel
commissions: director.
   Existing law requires school districts and community college
districts adopting the merit system for classified employees to
appoint a personnel commission. The personnel commission is required
to appoint a personnel director who is responsible to the commission
for carrying out all procedures in the administration of the
classified personnel in accordance with the requirements of existing
law and rules of the commission.
   This bill would require the personnel commission of each of those
districts, consistent with the commission rules applicable to all
classified employees, to determine compensation for, and supervise
the personnel director.  The bill also would encourage the
personnel commission of a district to prepare an annual written
performance evaluation of the personnel director.  The
administration of  ,  and the exclusive
representatives of classified employees of  ,  each
of those districts would be authorized  
required  to participate in the annual performance evaluation of
the personnel director by completing an evaluation or comment form
distributed by the commission. The personnel commission of each of
those districts would be authorized   required
 to review the submitted evaluation and comment forms, if any,
and to consider the forms as part of the overall evaluation process.
The bill would require that, if the commission prepares this
evaluation, the commission  would  be responsible
for the content of that final evaluation.
   The bill would grant the personnel commission of a district the
authority to impose discipline upon the personnel director if cause
has been established in accordance with commission rules applicable
to all classified employees. The bill would provide, to ensure due
process for the personnel director, that he or she be granted the
option of requesting a hearing from an impartial hearing officer, as
specified. The bill would require that the method for selecting the
hearing officer be designated in commission rules, and would bind the
commission by the findings of the hearing officer.
   The bill would require that the procedures authorized by 
the bill   its provisions  be integrated into the
regular personnel commission activities and be conducted within the
amount otherwise budgeted for the personnel commission of the
district.  The bill would express the intent of the
Legislature to prohibit, upon appropriation by the Legislature, the
total allocation to districts pursuant to the bill in a fiscal year
from exceeding $15,000.  To the extent that this bill would
impose additional duties on local officials, it would impose a
state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement shall be made
pursuant to these statutory provisions for costs mandated by the
state pursuant to this act, but would recognize that local agencies
and school districts may pursue any available remedies to seek
reimbursement for these costs.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 45266.5 is added to the Education Code, to
read:
   45266.5.  (a) The personnel commission, consistent with the
commission rules applicable to all classified employees, shall
determine compensation for and supervise the personnel director
appointed pursuant to Section 45264 or contracted for pursuant to
Section 45265. 
   (b) (1) The personnel commission is encouraged to prepare an
annual written performance evaluation of the personnel director.
 
   (2) 
    (b)  The school district administration and the
exclusive representatives of classified employees of the district
 may   shall  participate in the annual
performance evaluation of the personnel director by completing an
evaluation or comment form distributed by the commission. The
personnel commission  may   shall  review
the submitted evaluation and comment forms, if any, and  may
  shall  consider them as part of the overall
evaluation process. If the personnel commission chooses to prepare a
final evaluation pursuant to this subdivision, the commission shall
be responsible for the content of that final evaluation.
   (c) (1) The personnel commission shall have the authority to
impose discipline, including dismissal, upon the personnel director
if cause has been established in accordance with commission rules
applicable to all classified employees. However, the commission shall
not take a disciplinary action pursuant to this paragraph that is
inconsistent with any collective bargaining agreement or contract
that is in effect as of January 1, 2010, and under which the
personnel director works.
   (2) The personnel director, as a member of the classified service,
shall have all the rights, benefits, and burdens of a classified
employee.
   (3) In order to ensure due process for the personnel director, he
or she shall have the option of requesting a hearing from an
impartial hearing officer regarding disciplinary action imposed on
him or her. The method for selecting the hearing officer shall be
designated in commission rules and the findings of the hearing
officer shall be binding upon the commission.
   (d) The procedures authorized in this section shall be integrated
into the regular personnel commission activities, and shall be
conducted within the amount otherwise budgeted for the personnel
commission of the district.
  SEC. 2.  Section 88086.25 is added to the Education Code, to read:
   88086.25.  (a) The personnel commission, consistent with the
commission rules applicable to all classified employees, shall
determine compensation for and supervise the personnel director
appointed pursuant to Section 88084 or contracted for pursuant to
Section 88085. 
   (b) (1) The personnel commission is encouraged to prepare an
annual written performance evaluation of the personnel director.
 
   (2) 
    (b)  The community college district administration and
the exclusive representatives of classified employees of the district
 may   shall  participate in the annual
performance evaluation of the personnel director by completing an
evaluation or comment form distributed by the commission. The
personnel commission  may   shall  review
the submitted evaluation and comment forms, if any, and  may
  shall  consider them as part of the overall
evaluation process. If the personnel commission chooses to prepare an
evaluation pursuant to this subdivision, the commission shall be
responsible for the content of that final evaluation.
   (c) (1) The personnel commission shall have the authority to
impose discipline, including dismissal, upon the personnel director
if cause has been established in accordance with commission rules
applicable to all classified employees. However, the commission shall
not take a disciplinary action pursuant to this paragraph that is
inconsistent with any collective bargaining agreement or contract
that is in effect as of January 1, 2010, and under which the
personnel director works.
   (2) The personnel director, as a member of the classified service,
shall have all the rights, benefits, and burdens of a classified
employee.
   (3) In order to ensure due process for the personnel director, he
or she shall have the option of requesting a hearing from an
impartial hearing officer regarding disciplinary action imposed on
him or her. The method for selecting the hearing officer shall be
designated in commission rules, and the findings of the hearing
officer shall be binding upon the commission.
   (d) The procedures authorized in this section shall be integrated
into the regular personnel commission activities, and shall be
conducted within the amount otherwise budgeted for the personnel
commission of the district. 
  SEC. 3.    It is the intent of the Legislature
that upon appropriation by the Legislature, the total amount to be
allocated to school districts and community college districts for the
purposes of this act in a fiscal year not exceed fifteen thousand
dollars ($15,000). 
   SEC. 4.   SEC. 3.   No reimbursement
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code for costs mandated by
the state pursuant to this act. It is recognized, however, that a
local agency or school district may pursue any remedies to obtain
reimbursement available to it under Part 7 (commencing with Section
17500) and any other provisions of law.