4313.2 – Personnel – Management and Confidential Personnel – Promotion/Demotion/Reclassification

Policy –
Regulation – x
Exhibit –

Adopted – 4/06/2000
Revised –

Certificated Management and Supervisory Personnel

Certificated employees holding an administrative or supervisory credential may be released and placed in a different position for the following year.

Before March 15, the Governing Board shall meet and determine whether the identified employee may be released from his/her position effective the end of the school year and reassigned to a different position.

By March 15, the employee shall be notified of the Board’s action by registered mail or in person.  If the notice is presented to the employee in person, the employee’s signature acknowledging receipt of the notice shall be obtained on the District’s copy of the written notice.  (Education Code 44951)

Before July 1, the Board shall take additional action to bring into effect the release and reassignment of employees who received the above notice.

If the reassignment is to a teaching position, the Board shall give the employee, if requested, a written statement of the reasons for the reassignment.  If these reasons include incompetency as an administrator or supervisor, the District shall have completed an evaluation of the employee within the 60-day period immediately preceding the notice date.  (Education Code 44896)

Classified Management, Supervisory and Confidential Personnel

For personnel in this classification:

“Demotion” means assignment to an inferior position or status, without the employee’s written voluntary consent.  (Education Code 45101)

“Reclassification” means the upgrading of a position to a higher classification as a result of the gradual increase of the duties being performed by the incumbent in such position.  (Education Code 45101)

If assigned to a position within a bargaining unit, management, supervisory and confidential classified employees shall be reclassified at the discretion of the District subject to provisions of the applicable collective bargaining agreement.

Any decision regarding the demotion of a permanent management, supervisory or confidential classified employee shall be subject to the causes, appeal rights, and procedure set forth in District policy, regulation or collective bargaining agreements for disciplinary action against classified employees.  (EC 45113)

The Board shall provide 45 days’ notice prior to the expiration of the current contract before demoting a deputy, associate or assistant superintendent or employee in the senior management of the classified service.  (Education Code 35031)

Hearing with the Board for Management and Confidential Personnel

In initiating the involuntary reassignment of a management or confidential employee, the Superintendent or designee shall provide the employee with prior written notice of the intent to reassign him/her to a designated position.  The notice will inform the manager of the specific reasons for the reassignment, his/her right to a hearing, and the time within which an appeal must be filed.  The notice shall also contain a card or paper for requesting a hearing.  The classified manager may, within five days after receiving such notice, file a written request for hearing before the Board.

The request for hearing shall be filed in the office of the Superintendent or designee.  If the manager fails to file a request for hearing as specified above, he/she will be deemed to have waived the right to a hearing and the reassign-ment may be made effective immediately.

If a request for hearing is filed as specified above, a hearing shall be scheduled before the Board.  The Board shall hear the matter, with the party initiating the reassignment bearing the burden of proving the reasons for the reassignment.  The hearing shall be recorded by a reporter or by tape recording.  After the hearing, the Board shall determine whether to approve, modify, or revoke the reassignment.  The decision of the Board shall be final.

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