AMENDED IN ASSEMBLY MARCH 20, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

96

CHAPTER 297

Statutes of 2018

[ Approved by Governor September 7, 2018. Filed with Secretary of State September 7, 2018. ]

Introduced by Assembly Member Friedman

February 13, 2018

An act to repeal and add Section 45258 of the Education Code, relating to school employees.

Vote: majority   Appropriation: no   Fiscal committee: yes   Local program: yes

LEGISLATIVE COUNSEL’S DIGEST

Existing law authorizes a school district to adopt a merit system that establishes how the governing board of the school district employs, pays, and otherwise controls the services of classified employees of the school district. Existing law requires a school district that adopts a merit system to appoint a personnel commission and requires the commission to classify all employees and positions within the jurisdiction of the governing board of the school district or of the commission, except for specified positions that are exempt from the classified service. Existing law requires positions established for the employment of community representatives in advisory or consulting capacities for not more than 90 working days, or a total of 720 hours, in a fiscal year to be exempt from the classified service, as provided.

This bill would instead require positions established for the employment of community representatives in advisory or consulting capacities to be considered part of the classified service. To the extent the bill would impose additional duties on school districts, 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, 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 the statutory provisions noted above.

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

SECTION 1.

Section 45258 of the Education Code is repealed.

SEC. 2.

Section 45258 is added to the Education Code, to read:

45258.

Positions established for the employment of community representatives in advisory or consulting capacities shall be considered part of the classified service.

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.