The Los Angeles County Board of Education recognizes Los Angeles County Office of Education (LACOE)'s need to use consultants and other independent contractors to provide expert professional advice or specialized technical or training services that are not needed on a continuing basis and that cannot be provided by LACOE staff because of limitations of time, experience or knowledge. Individuals, firms or organizations employed as consultants may assist management with decisions and/or project development related to financial, economic, accounting, engineering, legal, administrative, instructional or other matters.
As part of the contract process, the Los Angeles County Superintendent of Schools or designee will determine, in accordance with California Labor Code 2750.3 (three-part "ABC" test) guidelines, that the consultant is properly classified as an independent contractor.
All consultant contracts will be reported to the Los Angeles County Board of Education.
(cf. 3311 - Bids)
(cf. 3312 - Contracts)
(cf. 4132/4232/4332 - Publication or Creation of Materials)
LACOE shall not contract for consulting services that can be performed without charge by a public agency or official unless these services are unavailable from the public source for reasons beyond LACOE's control.
All qualified consultants shall be accorded equal opportunity for contracts regardless of race, color, national origin, ancestry, age, religious creed, marital status, pregnancy, physical or mental disability, medical condition, genetic information, military and veteran status, sex, sexual orientation, gender, gender identity, gender expression, immigration status, or association with a person or group with one or more of these actual or perceived characteristics. (Education Code 220; Government Code 12940)
The Los Angeles County Board of Education prohibits the harassment of consultants by any LACOE employee or by any other person with whom the consultant comes in contact during the course of contract with LACOE. Any complaint of harassment shall be investigated and resolved in accordance with applicable LACOE complaint procedures. (Government Code 12940)
(cf. 0410 - Nondiscrimination in District Programs and Activities
(cf. 0415 - Equity)
(cf. 4030 - Nondiscrimination in Employment)
(cf. 4119.11/4219.11/4319.11 - Sexual Harassment)
Consultants shall submit a written conflict of interest statement (Statement of Economic Interests Form 700) disclosing financial interests as determined necessary by the Los Angeles County Superintendent of Schools or designee, depending on the range of duties to be performed by the consultant, prior to the approval of the contract. (Government Code 87302)
(cf. 9270 Conflict of Interest)
When employees of a public university, another county office of education, district or other public agency serve as consultants or independent contractors in other capacities for LACOE, they shall certify as part of the consultant agreement that they will not receive salary or remuneration other than vacation pay from any other public agency for the specific days when they contract with LACOE.
Legal Reference:
EDUCATION CODE
220 Prohibition of discrimination
10400-10407 Cooperative improvement programs
17596 Limit on continuing contracts
35010 Control of districts; prescription and enforcement of rules
35172 Promotional activities
35204 Contract with attorney
44925 Part-time readers employed as independent contractors
45103 Classified service in districts not incorporating the merit system
45103.5 Contracts for food service consulting services
45134-45135 Employment of retired classified employee
45256 Merit system districts; classified service; positions established for professional experts on a temporary basis
GOVERNMENT CODE
12940 Unlawful employment practices
53060 Contract for special services and advice
82019 Designated employee
87302 Conflict of interest code
LABOR CODE
2750.3 ABC three-part test: employees and independent contractors
UNEMPLOYMENT INSURANCE CODE
606.5 Determination of employment status
621 Employer and employee defined
CODE OF REGULATIONS, TITLE 2
18700.3 Consultant
COURT DECISIONS
Dynamex Operations West, Inc. v. Superior Court of Los Angeles (2018) 4 Cal. 5th 903
S.G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal. 3d 341
Policy LOS ANGELES COUNTY OFFICE OF EDUCATION
adopted: June 16, 2020 Downey, California