Bill Text: CA AB2584 | 2009-2010 | Regular Session | Amended
Bill Title: Schools: district employees.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-05-28 - In committee: Set, second hearing. Held under submission. [AB2584 Detail]
Download: California-2009-AB2584-Amended.html
BILL NUMBER: AB 2584 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 8, 2010
INTRODUCED BY Assembly Member Torlakson
FEBRUARY 19, 2010
An act to amend Section 45277.5 of the Education Code,
relating to public school employees. An act to add
Sections 45266.5 and 88026.25 to the Education Code, relating to
school district employees.
LEGISLATIVE COUNSEL'S DIGEST
AB 2584, as amended, Torlakson. Public school employees:
merit system. Schools: district employees.
(1) Existing law requires school districts and community college
districts adopting the merit system in existing law for classified
employees to appoint a personnel commission. Existing law requires
the personnel commission to appoint a personnel director of the
commission 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, consistent with
the commission rules applicable to all classified employees, to
determine the compensation for, evaluate, and supervise the personnel
director. The bill would require the personnel commission to make an
annual performance evaluation of the personnel director, thus
imposing a state-mandated local program. The bill would authorize the
exclusive representatives of classified employees of the applicable
school or community college district and the district administration
to participate in the annual performance evaluation of the director
of the personnel commission by completing an evaluation or comment
form distributed by the commission. The bill would require the
personnel commission to review the submitted evaluation and comment
forms, if any, and would require the commission to consider them as
part of the overall evaluation process. The bill would require the
personnel commission to be responsible for completing the final
evaluation.
The bill would grant the personnel commission 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, in order to ensure due process for
the personnel director, would grant the personnel director the option
of requesting a hearing from an impartial hearing officer regarding
disciplinary action imposed on the personnel director. The bill would
require the method for selecting the hearing officer to be
designated in commission rules and would bind the commission by the
findings of the hearing officer. The bill would require actions taken
by the personnel commission relating to the employment of the
personnel director, as specified, be ratified by the governing board
of the applicable school district or community college district, and
would make these actions, when ratified, final and binding on the
commission.
The bill would require that the procedures authorized by the bill
be integrated into the regular personnel commission activities and be
conducted within the amount otherwise budgeted for the personnel
commission of the district.
To the extent that these provisions would impose additional duties
on local officials, the bill would establish a state-mandated local
program.
(2) 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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Existing law requires all vacancies in the classified service of a
school district that has adopted the merit system to be filled from
applicants on eligibility lists that are made up from promotional
examinations or other specified methods. Existing law requires that,
if a vacancy is filled from applicants on an eligibility list, the
appointment is to be made from the eligible candidates having the
first 3 ranks on the list.
Existing law, until January 1, 2012, in a school district with a
pupil population over 400,000, authorizes an appointment to be made
from other than the first 3 ranks on the eligibility list if
specialized licenses, certifications, knowledge, or ability that
cannot reasonably be acquired during the probationary period or a
specific gender is required for successful job performance of a
position, in which case the appointment is required to be made from
among the highest 3 ranks of applicants on the list who meet the
special requirements. Existing law makes these provisions apply only
to specified classifications of positions and to classifications that
have been designated as management.
This bill would slightly expand the scope of these provisions by
making them applicable to a school district with a pupil population
over 399,999.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
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, evaluate, and supervise the personnel
director appointed pursuant to Section 45264 or contracted for
pursuant to Section 45265.
(b) (1) The personnel commission shall perform an annual written
performance evaluation of the commission's personnel director.
(2) The school district administration and the exclusive
representatives of classified employees of the district may
participate in the annual performance evaluation of the director of
the personnel commission by completing an evaluation or comment form
distributed by the commission. The personnel commission shall review
the submitted evaluation and comment forms, if any, and shall
consider them as part of the overall evaluation process. The
personnel commission shall be responsible for completing the 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 in
effect as of January 1, 2011, 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, the
personnel director shall have the option of requesting a hearing
from an impartial hearing officer regarding disciplinary action
imposed on the personnel director. 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) Actions taken by the personnel commission relating to the
employment of the personnel director pursuant to this section shall
be ratified by the governing board of the applicable school district.
When ratified, these actions shall be final and binding on the
commission.
(e) The procedures authorized by 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 88026.25 is added to the
Education Code , to read:
88026.25. (a) The personnel commission, consistent with the
commission rules applicable to all classified employees, shall
determine compensation for, evaluate, and supervise the personnel
director appointed pursuant to Section 88084 or contracted for
pursuant to Section 88085.
(b) (1) The personnel commission shall perform an annual written
performance evaluation of the commission's personnel director.
(2) The community college district administration and the
exclusive representatives of classified employees of the district may
participate in the annual performance evaluation of the director of
the personnel commission by completing an evaluation or comment form
distributed by the commission. The personnel commission shall review
the submitted evaluation and comment forms, if any, and shall
consider them as part of the overall evaluation process. The
personnel commission shall be responsible for completing the 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, 2011, 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, the
personnel director shall have the option of requesting a hearing
from an impartial hearing officer regarding disciplinary action
imposed on the personnel director. 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) Actions taken by the personnel commission relating to the
employment of the personnel director pursuant to this section shall
be ratified by the governing board of the applicable community
college district. When ratified, these actions shall be final and
binding on the commission.
(e) The procedures authorized by 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. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.
SECTION 1. Section 45277.5 of the Education
Code is amended to read:
45277.5. Notwithstanding Section 45277, in a school district with
a pupil population of over 399,999, all of the following shall
apply:
(a) An appointment may be made from other than the first three
ranks of eligible applicants on the eligibility list if one or more
of the following are required for successful job performance of a
position to be filled:
(1) The ability to speak, read, or write a language in addition to
English.
(2) A valid driver's license.
(3) Specialized licenses, certifications, knowledge, or ability,
as determined by the school district personnel commission, that
cannot reasonably be acquired during the probationary period.
(4) A specific gender if it is a bona fide occupational
qualification.
(b) The recruitment bulletin announcing the examination shall
indicate the special requirements that may be necessary for filling
one or more of the positions in the classification. If a position is
to be filled using the authority of this section, the appointment
shall be made from among the highest three ranks of eligible
candidates on the appropriate eligibility list who meet the special
requirements of the position and who are ready and willing to accept
the position.
(c) If there are insufficient applicants who meet the special
requirements, an employee who meets the special requirements may
receive provisional appointments that may accumulate to a total of 90
working days. Successive provisional appointments of 90 working days
or less each may be made in the absence of an appropriate
eligibility list containing applicants who meet the special
requirements if the personnel commission finds that the requirements
of subdivisions (a) and (b) of Section 45288 have been met. These
appointments may continue for the period of the provisional
appointment, but shall not be additionally extended if certification
can later be made from an appropriate eligibility list.
(d) This section applies only to the following classifications:
(1) Accountant.
(2) Administrative analyst.
(3) Administrative assistant.
(4) Assistant contract administration analyst.
(5) Assistant contracts supervisor.
(6) Assistant realty agent.
(7) Contracts administration analyst.
(8) Contract assistant.
(9) Coordinating contract assistant.
(10) Educational research analyst.
(11) Financial analyst.
(12) Grants specialist.
(13) Health care advocate.
(14) Human resources specialist III.
(15) Insurance representative II.
(16) Insurance representative III.
(17) Occupational health nurse.
(18) Parent community facilitator.
(19) Principal financial analyst.
(20) Principal administrative analyst.
(21) Senior administrative analyst.
(22) Senior administrative assistant.
(23) Senior financial analyst.
(24) Senior internal auditor.
(25) Web developer.
(26) Any classifications that have been designated as management.
(e) A school district that makes an appointment pursuant to this
section shall study the effectiveness of this selection method,
vacancy rates for each classification, and the length of time to hire
for each classification, and submit a report on the study to the
affected labor unions.
(f) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.
