Bill Text: CA AB2328 | 2023-2024 | Regular Session | Introduced

California Assembly Bill 2328

Introduced

Bill Title: Classified employees: school and community college districts: merit system: disciplinary action.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-23 - In committee: Set, second hearing. Hearing canceled at the request of author. [AB2328 Detail]

Download: California-2023-AB2328-Introduced.html

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 2328

Introduced by Assembly Member Mike Fong

February 12, 2024

An act to amend Sections 45302 and 88121 of the Education Code, relating to classified employees.

LEGISLATIVE COUNSEL'S DIGEST

AB 2328, as introduced, Mike Fong. Classified employees: school and community college districts: merit system: disciplinary action.

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 or community college district to classify those employees and positions and requires that they be known as the classified service.

Existing law authorizes a school district or a community college district to adopt a merit system that establishes how to employ, pay, and otherwise control the services of classified employees of the school district or community college district. In a school district or community college district that has adopted a merit system, existing law prohibits a person in the permanent classified service from being demoted or removed except for reasonable cause designated by rule of the personnel commission, as provided. Under existing law, any person who willfully or through culpable negligence violates any of the provisions applicable to merit school districts or community college districts is guilty of a misdemeanor.

In a school district or community college district that has not adopted the merit system, existing law prohibits disciplinary action for being taken against a classified employee for any cause that arose before the employee became permanent, or for any cause that arose more than 2 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.

In a school district or community college district that has adopted the merit system, this bill would similarly prohibit disciplinary action from being taken against a member of the permanent classified service for any cause that arose before the employee became a member of the permanent classified service, or for any cause that arose more than 2 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 school district. Because a violation of the bill would be a crime, the bill 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 is required by this act for a specified reason.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES

The people of the State of California do enact as follows:

SECTION 1.

Section 45302 of the Education Code is amended to read:

45302.

(a) No person in the permanent classified service shall be demoted or removed except for reasonable cause designated by rule of the commission as detrimental to the efficiency of the service. This section shall not be construed to prevent layoffs for lack of work or lack of funds.

(b) Disciplinary action shall not be taken for any cause that arose before the employee became a member of the permanent classified service, nor 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 school district.
(c) For purposes of this section, “disciplinary action” has the same meaning as that term is defined in subdivision (e) of Section 45101.

SEC. 2.

Section 88121 of the Education Code is amended to read:

88121.

(b) Disciplinary action shall not be taken for any cause that arose before the employee became a member of the permanent classified service, 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.
(c) For purposes of this section, “disciplinary action” has the same meaning as that term is defined in subdivision (e) of Section 88001.

SEC. 3.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.