California Assembly Bill AB2307 Amended / Bill

 BILL NUMBER: AB 2307AMENDED BILL TEXT AMENDED IN ASSEMBLY MARCH 22, 2012 INTRODUCED BY Assembly Member Butler FEBRUARY 24, 2012 An act to amend Sections 45101  and   ,  45113  , 88001, and 88013  of the Education Code, relating to classified school employees. LEGISLATIVE COUNSEL'S DIGEST AB 2307, as amended, Butler. Classified school employees. Existing law requires the governing board of a school district to employ persons for positions not requiring certification qualifications and  the governing board of a community college district to employ persons for positions that are not academic positions. Existing law requires the governing board of a school district and the governing board of a community college district  to classify those employees and positions and requires that they be known as the classified service. Existing law requires the governing board of a school district  and the governing board of a community college district  to prescribe written rules and regulations governing the personnel management of the classified service whereby classified employees are designated as permanent employees of the district after serving a prescribed period of probation that is prohibited from exceeding one year. Existing law defines a permanent classified employee for purposes of provisions governing the classified service. This bill would change the definition of "permanent employee." The bill would define a permanent employee to mean an employee who has served the prescribed period of probation and would provide that a permanent employee remains a permanent employee of the  school   public school employer or community college  district when the employee is moved to another classification. The bill would provide that if a permanent employee is placed on a reemployment list after his or her services are terminated and the employee is subsequently reemployed, the employee continues being a permanent employee of the school district  or community college district  . The bill also would provide that a permanent employee who passes  the prescribed period of  probation remains a permanent employee of the school district  or community college district  when the employee moves to another classification. 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 45101 of the Education Code is amended to read: 45101. Definitions as used in this chapter: (a) "Classification" means that each position in the classified service shall have a designated title, a regular minimum number of assigned hours per day, days per week, and months per year, a specific statement of the duties required to be performed by the employees in the position, and the regular monthly salary ranges for each position. (b) "Permanent" as used in the phrase "permanent employee" means an employee who has served the prescribed period of probation. A permanent employee remains a permanent employee of the  district   public school employer  when the employee is moved to another classification. A permanent employee who is placed on a reemployment list and is subsequently reemployed  in   by  the same  school district   public school employer  that placed him or her on the reemployment list continues being a permanent employee when reemployed  regardless of the classification in which he or she is placed when reemployed  . (c) "Regular" as used in the phrase "regular classified employee" or any similar phrase, refers to a classified employee who has probationary or permanent status. (d) "Demotion" means assignment to an inferior position or status, without the employee's written voluntary consent. (e) "Disciplinary action" includes any action whereby an employee is deprived of any classification or any incident of any classification in which he has permanence, including dismissal, suspension, demotion, or any reassignment, without his voluntary consent, except a layoff for lack of work or lack of funds. (f) "Reclassification" means the upgrading of a position to a higher classification as a result of the gradual increase of the duties being performed by the incumbent in such position. (g) "Layoff for lack of funds or layoff for lack of work" includes any reduction in hours of employment or assignment to a class or grade lower than that in which the employee has permanence, voluntarily consented to by the employee, in order to avoid interruption of employment by layoff. (h) "Cause" relating to disciplinary actions against classified employees means those grounds for discipline, or offenses, enumerated in the law or the written rules of a public school employer. Disciplinary action shall not be maintained for any "cause" other than as defined herein. This section shall not apply to school districts to which the provisions of Article 6 (commencing with Section 45240) of this chapter are applicable. This section shall not apply to any school district that, during the 1973-74 school year, had an average daily attendance of 100,000 or more. SEC. 2. Section 45113 of the Education Code is amended to read: 45113. (a) 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 these employees are designated as permanent employees of the district after serving a prescribed period of probation  which   that  shall not exceed one year. A permanent employee who passes  the prescribed period of  probation shall remain a permanent employee of the school district when the employee moves to another classification. A permanent employee who accepts a promotion and fails to complete the probationary period for that promotional position shall be employed in the classification from which he or she was promoted. (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. (c) The governing board shall adopt rules of procedure for disciplinary proceedings  which   that  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   that  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. (d) Disciplinary action shall not be taken for any cause that arose before 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. (e) This section does not 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, excluding peace officers as defined in Section 830.32 of the Penal Code, to an impartial third party hearing officer. However, the governing board shall retain authority to review the determination under the standards set forth in Section 1286.2 of the Code of Civil Procedure. (f) 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. 3.   Section 88001 of the   Education Code   is amended to read:  88001. As used in this chapter the following terms mean: (a) "Classification" means that each position in the classified service shall have a designated title, a regular minimum number of assigned hours per day, days per week, and months per year, a specific statement of the duties required to be performed by the employees in each such position, and the regular monthly salary ranges for each such position. (b) "Permanent," as used in the phrase "permanent employee,"  includes tenure in the classification in which the employee passed the required probationary period and includes all of the incidents of that classification   means an employee who has served the prescribed period of probation. A permanent employee remains a permanent employee of the community college district when the employee is moved to another classification. A permanent   employee who is placed on a reemployment list and is subsequently reemployed by the same district that placed him or her on the reemployment list continues being a permanent employee when reemployed regardless of the classification in which he or she is placed when reemployed  . (c) "Regular," as used in the phrase "regular classified employee," or any similar phrase, refers to a classified employee who has probationary or permanent status. (d) "Demotion" means assignment to an inferior position or status without the employee's written voluntary consent. (e) "Disciplinary action" includes any action whereby an employee is deprived of any classification or any incident of any classification in which he or she has permanence, including dismissal, suspension, demotion, or any reassignment, without his or her voluntary consent, except a layoff for lack of work or lack of funds. (f) "Reclassification" means the upgrading of a position to a higher classification as a result of the gradual increase of the duties being performed by the incumbent in that position. (g) "Layoff for lack of funds or layoff for lack of work" includes any reduction in hours of employment or assignment to a class or grade lower than that in which the employee has permanence, voluntarily consented to by the employee, in order to avoid interruption of employment by layoff. (h) "Cause," relating to disciplinary actions against classified employees, means those grounds for discipline or offenses enumerated in the law or the written rules of a community college employer.  No disciplinary action may   Disciplinary action shall not  be maintained for any "cause" other than as defined herein. This section shall not apply to districts to which Article 3 (commencing with Section 88060) is applicable. This section shall not apply to any district  which   that  , during the 1973-74 college year, had an average daily attendance of 100,000 or more.  SEC. 4.   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   that  shall not exceed one year.  A permanent employee who passes the prescribed period of probation shall remain a permanent employee of the community college district when the employee moves to another classification.  A permanent employee who accepts a promotion and fails to complete the probationary period for that promotional classification, shall be employed in the position from which he or she was promoted. (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. (c) The governing board shall adopt rules of procedure for disciplinary proceedings  which  that  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   that  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. (d)  No disciplinary   Disciplinary  action shall  not  be taken for any cause that arose  prior to   before  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. (e)  Nothing in this section shall be construed to   This section does not  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, excluding peace officers as defined in Section 830.32 of the Penal Code, to an impartial third party hearing officer. However, the governing board shall retain authority to review the determination under the standards set forth in Section 1286.2 of the Code of Civil Procedure. (f) This section shall apply only to districts not incorporating the merit system as outlined in Article 3 (commencing with Section 88060).