California 2013-2014 Regular Session Status: Passed Assembly

AB 349 — Classified employees: allegations of misconduct: reports.

Last action — From Senate committee without further action.

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

This bill died with 2013-2014 Regular Session. It reached “Passed Assembly” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 authorizes the governing board of a school district to lay off and reemploy classified employees in accordance with specified procedures. Existing law requires classified employees subject to a layoff, to be effective at the end of the school year, to be given written notice on or before April 29 informing them of the layoff and of any displacement and reemployment rights. This bill would require the superintendent of the employing school district or a charter school administrator to report a change in employment status to the State Department of Education when a classified employee is dismissed, is suspended, resigns, retires, or is otherwise terminated by a decision not to employ or reemploy, as a result of allegations of misconduct, as defined. The bill would require the report to the department to contain all known information about each alleged act of misconduct, as specified, and would require the department to maintain the report by county and by the employee's name in a searchable format. The bill would require the department to establish due process procedures for purposes of removing a classified employee's name from the reports, as provided, and procedures for determining whether a decision to dismiss, suspend, or not to employ or reemploy a classified employee, or when an employee resigns or retires, as a result of an allegation of misconduct or while an allegation of misconduct is pending are proven unfounded or substantiated, as the bill would define those terms. The bill would limit the availability of the report to a school district or charter school for purposes of verifying previous employment action for a classified employee who is being considered for employment. By imposing a new duty on a school district or charter school, the bill would create a state-mandated local program. Existing constitutional provisions require that a statute that limits the right of access to public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. 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.

Bill Text

Action History

  1. From Senate committee without further action.

  2. In committee: Held under submission.

  3. In committee: Placed on APPR. suspense file.

  4. Read second time and amended. Re-referred to Com. on APPR.

  5. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (July 3).

  6. Referred to Com. on ED.

  7. In Senate. Read first time. To Com. on RLS. for assignment.

  8. Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 1807.)

  9. Read second time. Ordered to third reading.

  10. Read second time and amended. Ordered to second reading.

  11. From committee: Do pass as amended. (Ayes 12. Noes 0.) (May 24).

  12. In committee: Set, first hearing. Referred to APPR. suspense file.

  13. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (May 1). Re-referred to Com. on APPR.

  14. Re-referred to Com. on ED.

  15. From committee chair, with author's amendments: Amend, and re-refer to Com. on ED. Read second time and amended.

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

  17. In committee: Hearing postponed by committee.

  18. Re-referred to Com. on ED. pursuant to Assembly Rule 96.

  19. Re-referred to Com. on PUB. S.

  20. From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

  21. Referred to Com. on PUB. S.

  22. From printer. May be heard in committee March 16.

  23. Read first time. To print.

Sponsors

  • Gatto · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Gatto

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 349 GATTO Assembly Third Reading

Passed 77 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 66002
Democratic 7000
Republican 4000
Total 77002
% of votes cast 97%0%0%3%
How each member voted (79)
Member Party Vote
Achadjian — Yea
Bloom — Yea
Blumenfield — Yea
Buchanan — Yea
Jones-Sawyer — Yea
Linder — Yea
Logue — Yea
Maienschein — Yea
Mansoor — Yea
Pan — Yea
Quirk — Yea
Wagner — Yea
Williams — Yea
Campos — Yea
Gordon — Yea
Gorell — Yea
Mullin — Yea
Stone — Yea
Nazarian — Yea
Olsen — Yea
Bonilla — Yea
Alejo — Yea
Ammiano — Yea
Daly — Yea
Dickinson — Yea
Ting — Yea
Weber — Yea
Wilk — Yea
Gomez — Yea
Gonzalez — Yea
Hall — Yea
Harkey — Yea
Gray — Yea
Holden — Not Voting
Mitchell — Yea
Bocanegra — Yea
John A. Pérez — Yea
Salas — Yea
Lowenthal — Yea
Atkins — Yea
Levine — Yea
Chau — Yea
Medina — Yea
Chesbro — Not Voting
Chávez — Yea
Conway — Yea
Cooley — Yea
Donnelly — Yea
Eggman — Yea
Melendez — Yea
Morrell — Yea
Nestande — Yea
Bigelow — Yea
Bradford — Yea
Brown — Yea
Perea — Yea
Rendon — Yea
Skinner — Yea
Waldron — Yea
Wieckowski — Yea
Fox — Yea
Frazier — Yea
Gatto — Yea
Yamada — Yea
Hagman — Yea
Beth Gaines — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Allen, Benjamin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Garcia, Robert Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Patterson, Joe Republican Yea

Official roll call →

Do pass as amended.

Passed 12 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 11005
Democratic 1000
Total 12005
% of votes cast 71%0%0%29%
How each member voted (17)
Member Party Vote
Ammiano — Yea
Bradford — Yea
Linder — Not Voting
Quirk — Yea
Hall — Yea
Bocanegra — Yea
Weber — Yea
Campos — Yea
Gatto — Yea
Harkey — Not Voting
Pan — Yea
Bigelow — Not Voting
Donnelly — Not Voting
Eggman — Yea
Wagner — Not Voting
Gomez — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

public-safety labor education
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Frequently asked questions

What does AB 349 do?
Existing law authorizes the governing board of a school district to lay off and reemploy classified employees in accordance with specified procedures. Existing law requires classified employees subject to a layoff, to be effective at the end of the school year, to be given written notice on or before April 29 informing them of the layoff and of any displacement and reemployment rights. This bill would require the superintendent of the employing school district or a charter school administrator to report a change in employment status to the State Department of Education when a classified employee is dismissed, is suspended, resigns, retires, or is otherwise terminated by a decision not to employ or reemploy, as a result of allegations of misconduct, as defined. The bill would require the report to the department to contain all known information about each alleged act of misconduct, as specified, and would require the department to maintain the report by county and by the employee's name in a searchable format. The bill would require the department to establish due process procedures for purposes of removing a classified employee's name from the reports, as provided, and procedures for determining whether a decision to dismiss, suspend, or not to employ or reemploy a classified employee, or when an employee resigns or retires, as a result of an allegation of misconduct or while an allegation of misconduct is pending are proven unfounded or substantiated, as the bill would define those terms. The bill would limit the availability of the report to a school district or charter school for purposes of verifying previous employment action for a classified employee who is being considered for employment. By imposing a new duty on a school district or charter school, the bill would create a state-mandated local program. Existing constitutional provisions require that a statute that limits the right of access to public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. 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.
Who sponsors AB 349?
AB 349 is sponsored by Gatto.
What is the current status of AB 349?
This bill died with 2013-2014 Regular Session. It reached “Passed Assembly” 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 349?
Track AB 349 free on One Click Politics — get push/email alerts when it moves.

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