1.100.1 Statutory Authority for These Rules
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
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