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AB-2609 Classified community college employees.(2019-2020)

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Date Published: 02/20/2020 09:00 PM
AB2609:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2609


Introduced by Assembly Member Medina

February 20, 2020


An act to amend Section 88013 of the Education Code, relating to community college employees.


LEGISLATIVE COUNSEL'S DIGEST


AB 2609, as introduced, Medina. Classified community college employees.
Existing law requires the governing board of a community college district to employ persons for positions that are not academic positions in what is known as the classified service. Existing law requires 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.
This bill would shorten the maximum length of a prescribed period of probation to 6 months or 130 days of paid service, whichever is longer. This change would not apply to a conflicting collective bargaining agreement entered into before January 1, 2021, until the expiration or renewal of that collective bargaining agreement.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 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 shall not exceed one year. six months or 130 days of paid service, whichever is longer. 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 the employee was promoted.
(b) Any An 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 shall contain a provision for informing the employee by written notice of the specific charges against him or her, the employee, a statement of the employee’s right to a hearing on those charges, and the time within which the hearing may be requested which 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 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 This section shall not be construed to 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).
(g) To the extent that this section, as amended by the act adding this subdivision during the 2019–20 Regular Session conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2021, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the changes made to this section by that act shall not apply to the community college district until expiration or renewal of that collective bargaining agreement.