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Lawndale ESD |  BP  4218  Personnel

Termination, Dismissal, Suspension Or Lay Off   

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Classified employees may be terminated, dismissed, suspended, or laid off as provided by law. (Education Code 45113)

Grounds for Disciplinary Action of Permanent Classified Employees

One or more of the following causes shall be grounds for suspension, demotion or dismissal of any permanent classified employee, pursuant to Article 12 of the Agreement between the district and the Lawndale Federation of Classified Employees, Local 4529.

1. Incompetence or inefficiency in the performance of the duties of his/her position.

2. Inability to perform assigned duties due to failure to meet or retain job qualifications (including, but not limited to, failure to possess required licenses or failure to pass required tests).

3. Insubordination (including, but not limited to, refusal to do assigned work).

4. Carelessness or negligence in the performance of duty or in the care of use of district property.

5. Discourteous, offensive, or abusive conduct or language towards other employees, students, or the public.

6. Dishonesty.

7. Drinking alcoholic beverages on the job, or reporting for work while intoxicated.

8. Addiction to the use of narcotics or a restricted substance, use of narcotics or restricted substances while on the job, or reporting to work while under the influence of a narcotic or restricted substance.

9. Personal conduct unbecoming an employee of the district.

10. Engaging in political activity during assigned hours of employment.

11. Conviction of any crime involving moral turpitude.

12. Arrest for a sex offense as defined in Education Code 44010.

13. Conviction of a narcotics offense as defined in Education Code 44011.

14. Absence without leave or repeated tardiness.

15. Abuse of illness leave privileges.

16. Falsifying any information supplied to the district, including, but not limited to, information supplied on application forms, employment records or any other district records.

17. Persistent violation or refusal to obey safety rules and regulations made applicable to public schools by the Board of Trustees or by an appropriate federal, state or local governmental agency.

18. Offering anything of value or offering any services in exchange for special treatment in connection with the employee's job or employment, or accepting anything of value or any service in exchange for granting any special treatment for another employee or to another member of the public.

19. Willful or persistent violation of the Education Code or rules and regulations of the district.

20. Any willful conduct tending to injure the public service.

21. Abandonment of position or excessive absenteeism.

22. Advocacy of overthrow of federal, state or local government by force, violence or other unlawful means.

23. Membership in the Communist Party.

24. Physical or mental incapacity.

This section shall not be construed to prevent layoffs for lack of work or lack of funds.

Legal Reference:

EDUCATION CODE

35161 Delegation of powers and duties

44009 Conviction of specified crimes

44010 Sex offense

44011 "Controlled substance offense" defined

44940 Leave of absence; employee charged with mandatory or optional leave of absence offense

44940.5 Compulsory leave of absence; procedures; extension; compensation; bond or security; reports

45101 Definitions (including "disciplinary action," "cause")

45109 Fixing of duties

45113 Rules and regulations for classified service in districts not incorporating the merit system

45123 Employment after conviction of sex or narcotics offense

45302 Demotion and removal from permanent classified service

45303 Additional cause for suspension or dismissal of employees in classified service

45304 Suspension for reasonable cause; filing of charges; employee charged with mandatory or optional leave of absence offense

VEHICLE CODE

1808.8 School bus drivers; dismissal for safety-related cause

UNITED STATES CODE, TITLE 42

12101 -12213 Americans With Disabilities Act

COURT DECISIONS

CSEA v. Foothill Community College District, 52 Cal. App. 3rd 150, 155-156, 124 Cal. Rptr 830 (1975)

Regulation LAWNDALE ELEMENTARY SCHOOL DISTRICT

approved: September 15, 2003 Lawndale, California