BILL NUMBER: AB 230	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Goldberg

                        FEBRUARY 13, 2001

   An act to amend Sections 45113, 54312, 88013, and 88131 of the
Education Code, relating to classified school employees.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 230, as introduced, Goldberg.  Classified employees.
   (1) Existing law requires the governing board of any school
district or community college district that has not adopted the merit
system for its classified employees to prescribe rules and
regulations governing the personnel management of the classified
service.
   Existing law requires that any employee designated as a permanent
employee be subject to disciplinary action only for cause as
prescribed by rule or regulation of the governing board and provides
that the governing board's determination of the sufficiency of the
cause for disciplinary action is conclusive.  A state court has
concluded that this provision precludes a governing board from
subjecting the board's disciplinary conclusions regarding these
employees to binding arbitration.
   This bill, instead, would provide that the governing board's
determination of the sufficiency of the cause for disciplinary action
is final.  The bill would provide that nothing in these provisions
is to be construed to prohibit the governing board, pursuant to the
terms of an agreement with an employee organization reached pursuant
to specified provisions of current law governing school
employer-employee relations, from delegating its authority to
determine whether there is sufficient cause for disciplinary action
against classified employees to binding or nonbinding arbitration.
   (2) Existing law authorizes the personnel commission in a school
district or community college district that has adopted the merit
system to authorize a hearing officer or other representative to
conduct any hearing or investigation that the commission itself is
authorized to conduct.  Existing law authorizes the personnel
commission to accept, reject, or amend any of the findings or
recommendations of the authorized representative and requires a
rejection or amendment of findings or recommendations to be based
either on a review of the transcript of the hearing or investigation
or upon the results of a supplementary hearing or investigation that
the commission may order.
   This bill would provide that nothing in these provisions precludes
the parties to a negotiated agreement reached pursuant to specified
provisions of current law governing school employer-employee
relations, from negotiating a provision that makes the findings and
decision of a hearing officer or other authorized representative
binding upon the commission, the district, the employee, and the
employee organization.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  no.
State-mandated local program:  no.


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


  SECTION 1.  Section 45113 of the Education Code is amended to read:

   45113.  The governing board of a school district shall prescribe
written rules and regulations, governing the personnel management of
the classified service, which shall be printed and made available to
employees in the classified service, the public, and those concerned
with the administration of this section, whereby  such
  those  employees are designated as permanent
employees of the district after serving a prescribed period of
probation which shall not exceed one year.
   Any employee designated as a permanent employee shall be subject
to disciplinary action only for cause as prescribed by rule or
regulation of the governing board, but the governing board's
determination of the sufficiency of the cause for disciplinary action
shall be  conclusive   final  .  
   Nothing in this section shall be construed to prohibit the
governing board, pursuant to the terms of an agreement with an
employee organization under Chapter 10.7 (commencing with Section
3540) of Division 4 of Title 1 of the Government Code, from
delegating its authority to determine whether sufficient cause exists
for disciplinary action against classified employees to binding or
nonbinding arbitration. 
   The governing board shall adopt rules of procedure for
disciplinary proceedings which shall contain a provision for
informing the employee by written notice of the specific charges
against him  or her  , a statement of his  or her 
right to a hearing on  such   the  charges,
and the time within which  such   the 
hearing may be requested which shall be not less than five days after
service of the notice to the employee, and a card or paper, the
signing and filing of which shall constitute a demand for hearing,
and a denial of all charges.  The burden of proof shall remain with
the governing board, and any rule or regulation to the contrary shall
be void.
   No disciplinary action shall be taken for any cause  which
  that  arose prior to the employee's becoming
permanent, nor for any cause  which   that 
arose more than two years preceding the date of the filing of the
notice of cause unless  such   that  cause
was concealed or not disclosed by  such   the
 employee when it could be reasonably assumed that the employee
should have disclosed the facts to the employing district.
   This section shall apply only to districts not incorporating the
merit system as outlined in Article 6 (commencing with Section 45240)
 of this chapter  .
  SEC. 2.  Section 45312 of the Education Code is amended to read:
   45312.   (a)  The commission may authorize a hearing
officer or other representative to conduct any hearing or
investigation which the commission itself is authorized by this
article to conduct.  Any  such  authorized person
conducting  such   a  hearing or
investigation may administer oaths, subpoena and require the
attendance of witnesses and the production of books or papers, and
cause the depositions of witnesses to be taken in the manner
prescribed by law for like depositions in civil cases in the superior
court of this state under Article 3 (commencing with Section 2016)
of Chapter 3 of Title 4 of Part 4 of the Code of Civil Procedure.
The commission may instruct  such  an 
authorized representative to present findings or recommendations.
The commission may accept, reject or amend any of the findings or
recommendations of the  said  authorized
representative.  Any rejection or amendment of findings or
recommendations shall be based either on a review of the transcript
of the hearing or investigation or upon the results of  such
  a  supplementary hearing or investigation as the
commission may order.  
   (b) The  commission may employ by contract or as professional
experts or otherwise any  such  hearing officers or
other representatives and may adopt and amend  such
 rules and procedures  as   that 
may be necessary to effectuate this section.  
   The  
   (c) Nothing in this section shall preclude the parties to a
negotiated agreement reached pursuant to Chapter 10.7 (commencing
with Section 3540) of Division 4 of Title 1 of the Government Code,
from negotiating a provision that makes the findings and decision of
a hearing officer or other authorized representative binding upon the
commission, the district, the employee, and the employee
organization. 
  SEC. 3.  Section 88013 of the Education Code is amended to read:
   88013.   (a)  The governing board of a community college
district shall prescribe written rules and regulations, governing the
personnel management of the classified service, which shall be
printed and made available to employees in the classified service,
the public, and those concerned with the administration of this
section, whereby these employees are, except as provided in Section
72411, designated as permanent employees of the district after
serving a prescribed period of probation which shall not exceed one
year.
    (b)  Any employee designated as a permanent employee
shall be subject to disciplinary action only for cause as prescribed
by rule or regulation of the governing board, but the governing board'
s determination of the sufficiency of the cause for disciplinary
action shall be  conclusive   final .

   The   
   (c) Nothing in this section shall be construed to prohibit the
governing board, pursuant to the terms of an agreement with an
employee organization under Chapter 10.7 (commencing with Section
3540) of Division 4 of Title 1 of the Government Code, from
delegating its authority to determine whether sufficient cause exists
for disciplinary action against classified employees to binding or
nonbinding arbitration. 
    (d)  The governing board shall adopt rules of procedure
for disciplinary proceedings which shall contain a provision for
informing the employee by written notice of the specific charges
against him or her, a statement of the employee's right to a hearing
on those charges, and the time within which the hearing may be
requested which shall be not less than five days after service of the
notice to the employee, and a card or paper, the signing and filing
of which shall constitute a demand for hearing, and a denial of all
charges.  The burden of proof shall remain with the governing board,
and any rule or regulation to the contrary shall be void.  
   No 
    (e)  No disciplinary action shall be taken for any cause
that arose prior to the employee's becoming permanent,  or for any
cause that arose more than two years preceding the date of the filing
of the notice of cause, unless the cause was concealed or not
disclosed by the employee when it could be reasonably assumed that
the employee should have disclosed the facts to the employing
district.  
   This 
    (f)  This section shall apply only to districts not
incorporating the merit system as outlined in Article 3 (commencing
with Section 88060).
  SEC. 4.  Section 88131 of the Education Code is amended to read:
   88131.   (a)  The commission may authorize a hearing
officer or other representative to conduct any hearing or
investigation which the commission itself is authorized by this
article to conduct.  Any such  authorized person
conducting  such   a  hearing or
investigation may administer oaths, subpoena and require the
attendance of witnesses and the production of books or papers, and
cause the depositions of witnesses to be taken in the manner
prescribed by law for like depositions in civil cases in the superior
court of this state under Article 3 (commencing with Section 2016)
of Chapter 3 of Title 4 of Part 4 of the Code of Civil Procedure.
The commission may instruct  such   an 
authorized representative to present findings or recommendations.
The commission may accept, reject  ,  or amend any of the
findings or recommendations of the  said  authorized
representative.  Any rejection or amendment of findings or
recommendations shall be based either on a review of the transcript
of the hearing or investigation or upon the results of  such
  a  supplementary hearing or investigation as the
commission may order.  
   The  
   (b) The  commission may employ by contract or as professional
experts or otherwise any  such  hearing officers or
other representatives and may adopt and amend  such
 rules and procedures  as   that 
may be necessary to effectuate this section.  
   (c) Nothing in this section shall preclude the parties to a
negotiated agreement reached pursuant to Chapter 10.7 (commencing
with Section 3540) of Division 4 of Title 1 of the Government Code,
from negotiating a provision that makes the findings and decision of
a hearing officer or other authorized representative binding upon the
commission, the district, the employee, and the employee
organization.