4315.2 - Discipline: Classified Management and Confidential Employees

Employees of the County Superintendent of Schools may be demoted, suspended or dismissed in accordance with Education Code requirements and the causes herein enumerated. The County Superintendent of Schools determination of the sufficiency of such causes for disciplinary action and the degree of discipline, if any, to be applied shall be conclusive and shall be final.

No employee shall be subject to disciplinary action until written charges are filed and the County Superintendent of Schools has taken action as herein provided except where the County Superintendent of Schools determines that immediate suspension without pay is appropriate because of the seriousness of the charges or potential harm to the health, welfare or safety of persons or property.

A notice of disciplinary action shall contain a statement in ordinary and concise language of the specific acts or omissions upon which the disciplinary action is based, a statement of the cause for the action taken and the penalty proposed. A notice of disciplinary action shall also contain a statement advising employees of their rights which will include:

1. Statement of charges
2. A written notice providing the opportunity to meet with the County Superintendent of Schools or designee prior to final action being taken.

Failure of the employee to submit a written demand for a meeting before the County Superintendent of Schools, or designee, after service of the notice of discipline, shall constitute a waiver of such meeting.

Causes for suspension, demotion or dismissal of any employee shall include, but not be limited to:

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 or use of County Superintendent of Schools property.
5. Discourteous, offensive or abusive conduct or language toward other employees, pupils or the public.
6. Dishonesty.
7. Drinking alcoholic beverages on the job or reporting to 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 to an employee of the County Superintendent of Schools.
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 Section 44010.
13. Conviction of a narcotics offense as defined in Education Code Section 44011.
14. Absence without leave or repeated tardiness.
15. Abuse of Leave Privileges.
16. Falsifying any information supplied to the County Superintendent of Schools including, but not limited to, information supplied on application forms, employment records or any other County Superintendent of Schools record.
17. Persistent violation or refusal to obey safety rules and regulations or directions of the County Superintendent of Schools, or laws of the state or federal government.
18. Offering anything of value or offering any service 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 to another employee or to any member of the public.
19. Willful or persistent violation of the Education Code or rules and regulations of the County Superintendent of Schools.
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. Physical or mental incapacity.

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