AB 2328

Bill Subjects

Classified Employees Disciplinary Action Merit System School And Community College Districts

Abstract

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.