BILL NUMBER: AB 379	INTRODUCED
	BILL TEXT


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 introduced, 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 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
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
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) The school district administration and the exclusive
representatives of classified employees of the district may
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 review the submitted
evaluation and comment forms, if any, and may 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) The community college district administration and the
exclusive representatives of classified employees of the district may
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 review the submitted
evaluation and comment forms, if any, and may 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.  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.