California Assembly Bill AB379 Amended / Bill

 BILL NUMBER: AB 379AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 13, 2009 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 amended, 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   required  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   required  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   its provisions  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)   (b)  The school district administration and the exclusive representatives of classified employees of the district  may   shall  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   shall  review the submitted evaluation and comment forms, if any, and  may   shall  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)   (b)  The community college district administration and the exclusive representatives of classified employees of the district  may   shall  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   shall  review the submitted evaluation and comment forms, if any, and  may   shall  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.   SEC. 3.  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.