California 2009-2010 Regular Session Status: In Committee

AB 379 — Classified employees: personnel commissions: director.

Last action — From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law requires school districts and community college districts adopting the merit system for classified employees to appoint a personnel commission. The personnel commission is required to appoint a personnel director 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 of each of those districts, consistent with the commission rules applicable to all classified employees, to determine compensation for, and supervise the personnel director. The administration of and the exclusive representatives of classified employees of each of those districts would be required to participate in the annual performance evaluation of the personnel director by completing an evaluation or comment form distributed by the commission. The personnel commission of each of those districts would be required to review the submitted evaluation and comment forms, if any, and to consider the forms as part of the overall evaluation process. The bill would require that, if the commission prepares this evaluation, the commission be responsible for the content of that final evaluation. The bill would grant the personnel commission of a district 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 would provide, to ensure due process for the personnel director, that he or she be granted the option of requesting a hearing from an impartial hearing officer, as specified. The bill would require that the method for selecting the hearing officer be designated in commission rules, and would bind the commission by the findings of the hearing officer. The bill would require that the procedures authorized by its provisions 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 this bill would impose additional duties on local officials, it 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 shall be made pursuant to these statutory provisions for costs mandated by the state pursuant to this act, but would recognize that local agencies and school districts may pursue any available remedies to seek reimbursement for these costs.

Bill Text

Action History

  1. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

  2. Died pursuant to Art. IV, Sec. 10(c) of the Constitution.

  3. In committee: Set, first hearing. Hearing canceled at the request of author.

  4. Re-referred to Com. on APPR.

  5. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 4. Noes 2.) (April 22).

  6. Re-referred to Com. on P.E.,R. & S.S.

  7. From committee chair, with author's amendments: Amend, and re-refer to Com. on P.E.,R. & S.S. Read second time and amended.

  8. In committee: Set, first hearing. Hearing canceled at the request of author.

  9. Referred to Com. on P.E.,R. & S.S.

  10. From printer. May be heard in committee March 26.

  11. Read first time. To print.

Sponsors

  • Torlakson · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Torlakson

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

What does AB 379 do?
Existing law requires school districts and community college districts adopting the merit system for classified employees to appoint a personnel commission. The personnel commission is required to appoint a personnel director 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 of each of those districts, consistent with the commission rules applicable to all classified employees, to determine compensation for, and supervise the personnel director. The administration of and the exclusive representatives of classified employees of each of those districts would be required to participate in the annual performance evaluation of the personnel director by completing an evaluation or comment form distributed by the commission. The personnel commission of each of those districts would be required to review the submitted evaluation and comment forms, if any, and to consider the forms as part of the overall evaluation process. The bill would require that, if the commission prepares this evaluation, the commission be responsible for the content of that final evaluation. The bill would grant the personnel commission of a district 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 would provide, to ensure due process for the personnel director, that he or she be granted the option of requesting a hearing from an impartial hearing officer, as specified. The bill would require that the method for selecting the hearing officer be designated in commission rules, and would bind the commission by the findings of the hearing officer. The bill would require that the procedures authorized by its provisions 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 this bill would impose additional duties on local officials, it 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 shall be made pursuant to these statutory provisions for costs mandated by the state pursuant to this act, but would recognize that local agencies and school districts may pursue any available remedies to seek reimbursement for these costs.
Who sponsors AB 379?
AB 379 is sponsored by Torlakson.
What is the current status of AB 379?
This bill died with 2009-2010 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 379?
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