BILL NUMBER: AB 230 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 11, 2001
AMENDED IN ASSEMBLY APRIL 25, 2001
INTRODUCED BY Assembly Member Goldberg
FEBRUARY 13, 2001
An act to amend Sections 45113 , 45312, 88013, and 88131
and 88013 of the Education Code, relating to
classified school employees.
LEGISLATIVE COUNSEL'S DIGEST
AB 230, as amended, Goldberg. Classified employees.
(1) Existing
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
The Court of Appeal (United Steelworkers of America v.
Board of Education (1984) 162 Cal. App. 3d 823) 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 , except peace officers, as
defined, 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 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 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 , except
peace officers as defined in Section 830.32 of the Penal Code,
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
the 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 disciplinary action shall be taken for any cause that arose
prior to the employee's becoming permanent, nor for any cause that
arose more than two years preceding the date of the filing of the
notice of cause unless that 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 section shall apply only to districts not incorporating the
merit system as outlined in Article 6 (commencing with Section
45240).
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
authorized person conducting 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
an authorized representative to present findings or recommendations.
The commission may accept, reject or amend any of the findings or
recommendations of the 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 a supplementary hearing or investigation as the commission
may order.
(b) The commission may employ by contract or as professional
experts or otherwise any hearing officers or other representatives
and may adopt and amend rules and procedures 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.
SEC. 3.
SEC. 2. 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 final.
(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 , except
peace officers as defined in Section 830.32 of the Penal Code,
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.
(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.
(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
authorized person conducting 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
an authorized representative to present findings or recommendations.
The commission may accept, reject, or amend any of the findings or
recommendations of the 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 a supplementary hearing or investigation as the commission
may order.
(b) The commission may employ by contract or as professional
experts or otherwise any hearing officers or other representatives
and may adopt and amend rules and procedures 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.