Section 45253 Of Article 6. Merit System From California Education Code >> Division 3. >> Title 2. >> Part 25. >> Chapter 5. >> Article 6.
45253
. (a) The commission shall prepare an annual budget for its
own office which, upon the approval of the county superintendent of
schools, shall be included by the governing board in the regular
budget of the school district. The annual budget of the commission
may include amounts for the purposes of Section 45255.
(b) The budget shall be prepared for a public hearing by the
commission to be held not later than May 30 of each year, or at a
date agreed upon between the governing board and the personnel
commission to coincide with the process of adoption of the school
district budget. The commission shall forward a copy of its proposed
budget to the governing board indicating the time, date and place for
the public hearing of the budget and shall invite board and district
administration representatives to attend and present their views.
The commission shall fully consider the views of the governing board
prior to adoption of its proposed budget. The commission shall then
forward its proposed budget to the county superintendent of schools
for action.
(c) If the county superintendent of schools proposes to reject the
budget as submitted by the commission of a school district, he or
she shall, within 30 days after the commission's submission of the
budget, hold a public hearing on the proposed rejection within the
affected district. He or she shall have informed both the commission
and the governing board of the date, time and place of the hearing.
He or she may after the public hearing either reject, or, with the
concurrence of the commission, amend the proposed budget. In the
absence of agreement between the personnel commission and the county
superintendent, the budget of the preceding year shall determine the
amount of the new budget, and the items of expenditure shall be
determined by the commission.
(d) If the county superintendent of schools proposes to reject the
budget as submitted by the personnel commission of a county office
of education, the county superintendent shall contract with the
Office of Administrative Hearings of the State of California for an
administrative law judge to conduct a public hearing on the proposed
rejection. The administrative law judge shall render findings and any
proposed amendments, if any, to the proposed budget. The personnel
commission may accept or reject the findings and proposed amendments.
If the personnel commission rejects the findings and proposed
amendments, if any, of the administrative law judge, the budget of
the preceding year shall determine the amount of the new budget, and
the items of expenditure shall be determined by the commission.
(e) The procedures of subdivision (d) apply if an individual
serves as both the county superintendent of schools and the
superintendent of a school district within the county.