BILL NUMBER: AB 230	ENROLLED
	BILL TEXT

	PASSED THE ASSEMBLY  JULY 14, 2001
	PASSED THE SENATE  JULY 12, 2001
	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 and 88013 of the Education Code,
relating to classified school employees.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 230, Goldberg.  Classified employees.
   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.  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.


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 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).