Classified school and community college employees: personnel commission: legal counsel.

Existing law authorizes a school district or community college district to adopt a merit system that establishes how the governing board of the district employs, pays, and otherwise controls the services of classified employees of the district. Existing law requires a district that adopts a merit system to appoint a personnel commission consisting of either 3 or 5 members and requires the commission to classify employees and positions within the jurisdiction of the governing board or of the commission. Existing law requires the legal counsel of the governing board to represent the commission in all legal matters, except that existing law requires the legal counsel to refuse to represent the commission in circumstances in which the legal counsel knows, or has reason to know, that a conflict exists between the interests of the commission and the interests of the governing board or the district. Existing law authorizes the commission to employ its own attorney if the legal counsel refuses to represent the commission. This bill would authorize a single member of the personnel commission to also declare that a conflict exists between the interests of the commission and the interests of the governing board or the district. The bill would authorize the commission to employ its own attorney if the commission approves that declaration by majority vote.