1.100 AUTHORITY AND APPLICATION OF RULES
1.100.1 Statutory Authority for These Rules
Article 6 (Merit System) in Chapter 5 of the California Education Code provides the Personnel Commission with the right and responsibility to establish, prescribe, amend, and interpret such rules and regulations to govern and insure the efficiency of the service and the selection and retention of the District’s classified employees. The rules and regulations shall not apply to bargaining unit members if the subject matter is within the scope of representation, as defined by California Government Code section 3543.2, and is included in a written negotiated collective bargaining agreement between the Inglewood Unified School District’s Board of Education and the unit. The rules shall be binding upon the Board of Education, but shall not restrict the authority of the Board herein and pursuant to other sections of the Education Code.
The rules and regulations contained herein are established by the Personnel Commission pursuant to its authority under Education Code section 45260; as well as other provisions of law that have been made applicable to classified school employees.
Since the implementation of new rules or amendments to existing rules can affect members of established classified bargaining units, the Commission will submit copies of all proposed rules, amendments to, or the deletion of existing rules to the exclusive bargaining representative(s) and the designated representative of the Board of Education for their review and comment at least fourteen (14) days prior to adoption by the Personnel Commission.
Reference: E.C. #45241 and #45260; G.C. #3543.2
1.100.2 Interpretation and Application of Rules
The Commission recognizes that no set of rules can contemplate all possible combinations of circumstances affecting particular cases. These rules are to be interpreted with consideration of their intent. However, specific and applicable provisions of the rules shall not be waived, ignored, or suspended because of the special circumstances of particular cases. In cases where two or more rules appear to be in conflict, or when no rule provides a clear-cut answer to a problem, the matter shall be decided by the Personnel Director, subject to appeal to the Personnel Commission. The Commission shall consider responsible comment to amend rules, which prove to be in need of clarification. However, unless otherwise provided in accordance with the law, no rule amendment or new rules shall have retroactive application.
Reference: E.C. #45260
1.100.6 Subjects of Rules
The Rules and Regulations shall provide for the procedures to be followed by the Board of Education as they pertain to classified service regarding such matters as applications, examinations, eligibility, appointments, promotions, demotions, transfers, dismissals, resignations, layoffs, reemployment, vacations, leaves of absence, compensation within classification, job analyses and specifications, performance evaluations, public advertisement of examinations, rejection of unit applicants without compensation, and any other matters deemed necessary (by the Commission) to insure the efficiency of the service and the selection and retention of qualified school employees as well as to carry out the provisions and purposes of the Rules.
Any negotiated agreement between an exclusive collective bargaining representative and the Inglewood School District that contains provisions which is subject to negotiation under the provisions Section 3543.2 of the Government Code shall take precedence over any Rules and Regulation of the Commission that are not in accordance with the negotiated agreement.
References: E.C. #45261