BILL NUMBER: AB 451	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Hall

                        FEBRUARY 15, 2011

   An act to add Sections 45266.5 and 88026.25 to the Education Code,
relating to school district employees.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 451, as introduced, Hall. Schools: district employees.
   (1) Existing law requires school districts and community college
districts adopting the merit system in existing law for classified
employees to appoint a personnel commission. Existing law requires
the personnel commission to appoint a personnel director of the
commission 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, consistent with
the commission rules applicable to all classified employees, to
determine the compensation for, evaluate, and supervise the personnel
director. The bill would require the personnel commission to make an
annual performance evaluation of the personnel director, thus
imposing a state-mandated local program. The bill would authorize the
exclusive representatives of classified employees of the applicable
school or community college district and the district administration
to participate in the annual performance evaluation of the director
of the personnel commission by completing an evaluation or comment
form distributed by the commission. The bill would require the
personnel commission to review the submitted evaluation and comment
forms, if any, and would require the commission to consider them as
part of the overall evaluation process. The bill would require the
personnel commission to be responsible for completing the final
evaluation.
   The bill would grant the personnel commission 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, in order to ensure due process for
the personnel director, would grant the personnel director the option
of requesting a hearing from an impartial hearing officer regarding
disciplinary action imposed on the personnel director. The bill would
require the method for selecting the hearing officer to be
designated in commission rules and would bind the commission by the
findings of the hearing officer. The bill would require actions taken
by the personnel commission relating to the employment of the
personnel director, as specified, be ratified by the governing board
of the applicable school district or community college district, and
would make these actions, when ratified, final and binding on the
commission.
   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.
   To the extent that these provisions would impose additional duties
on local officials, the bill would establish a state-mandated local
program.
   (2) 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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   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 the compensation for, evaluate, and supervise the personnel
director appointed pursuant to Section 45264 or contracted for
pursuant to Section 45265.
   (b) (1) The personnel commission shall perform an annual written
performance evaluation of the commission's personnel director.
   (2) The school district administration and the exclusive
representatives of classified employees of the district may
participate in the personnel commission's annual performance
evaluation of the director by completing an evaluation or comment
form distributed by the commission. The personnel commission shall
review the submitted evaluation and comment forms, if any, and shall
consider them as part of the overall evaluation process. The
personnel commission shall be responsible for completing the 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 may
not take a disciplinary action pursuant to this paragraph that is
inconsistent with any collective bargaining agreement or contract in
effect as of January 1, 2011, 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, the
personnel director shall have the option of requesting a hearing
from an impartial hearing officer regarding disciplinary action
imposed on the personnel director. 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) Actions taken by the personnel commission relating to the
employment of the personnel director pursuant to this section shall
be ratified by the governing board of the applicable school district.
When ratified, these actions shall be final and binding on the
commission.
   (e) The procedures authorized by 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 88026.25 is added to the Education Code, to read:
   88026.25.  (a) The personnel commission, consistent with the
commission rules applicable to all classified employees, shall
determine the compensation for, evaluate, and supervise the personnel
director appointed pursuant to Section 88084 or contracted for
pursuant to Section 88085.
   (b) (1) The personnel commission shall perform an annual written
performance evaluation of the commission's personnel director.
   (2) The community college district administration and the
exclusive representatives of classified employees of the district may
participate in the personnel commission's annual performance
evaluation of the director by completing an evaluation or comment
form distributed by the commission. The personnel commission shall
review the submitted evaluation and comment forms, if any, and shall
consider them as part of the overall evaluation process. The
personnel commission shall be responsible for completing the 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, 2011, 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, the
personnel director shall have the option of requesting a hearing
from an impartial hearing officer regarding disciplinary action
imposed on the personnel director. 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) Actions taken by the personnel commission relating to the
employment of the personnel director pursuant to this section shall
be ratified by the governing board of the applicable community
college district. When ratified, these actions shall be final and
binding on the commission.
   (e) The procedures authorized by this section shall be integrated
into the regular personnel commission activities, and shall be
conducted within the amount of time otherwise budgeted for the
personnel commission of the district.
  SEC. 3.   If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.