BILL ANALYSIS Ó SENATE COMMITTEE ON EDUCATION Alan Lowenthal, Chair 2011-12 Regular Session BILL NO: AB 1269 AUTHOR: Portantino INTRODUCED: February 18, 2011 FISCAL COMM: No HEARING DATE: June 15, 2011 URGENCY: No CONSULTANT:Beth Graybill SUBJECT : Classified employees: Reemployment of laid off employees. SUMMARY This bill specifies that for merit system school districts, reemployment of classified employees after a layoff will be in order of seniority instead of the reverse order of layoff. BACKGROUND Existing law provides that classified employees are subject to layoff for lack of work or lack of funds and specifies that the order of layoff within the class shall be determined by length of service. The employee who has been employed the shortest time in the class, plus higher classes, must be laid off first. Reemployment must be in the reverse order of layoff. (Education Code § 45308) Existing law specifies that persons laid off because of lack of work or lack of funds are eligible for reemployment for a period of 39 months and must be reemployed in preference to new applicants. Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or to remain in their present positions rather than be reclassified or reassigned, are granted the same rights as persons laid off and retain eligibility to be considered for reemployment for an additional period of up to 24 months. The personnel commission in these districts makes the determination of the specified period of eligibility for reemployment on a class-by-class basis. Employees who take voluntary demotions or reductions in assigned time in lieu of layoff can return to a position in their former class or to positions with increased assigned time as vacancies become available, but if there is a valid reemployment list, they are to be ranked on AB 1269 Page 2 that list in accordance with their proper seniority. (EC § 45298) ANALYSIS This bill deletes provisions requiring that reemployment of classified staff who have been laid off to be in the reverse order of layoff and instead requires that reemployment be in order of seniority. STAFF COMMENTS 1) Need for the bill : This bill specifies that classified employees shall be rehired after a layoff in the order of seniority rather than in reverse order of layoff. According to the author, one code section of the Education Code requires school districts to begin reemployment in reverse order of layoff and a separate code section requires reemployment by seniority. While "reverse order of layoff" could be interpreted to mean staff who are the least senior (i.e. laid off first) would be the first to be reemployed, districts may also interpret the language to mean that people who were laid off last (have more seniority than staff who were laid off earlier), are reemployed first. Normally, the lack of clarity between the code sections are not an issue. However, a district that has faced multiple rounds of layoffs in may have difficulty complying with these two different requirements as the last person laid off may have less seniority than individuals dismissed in the previous rounds of layoffs. AB 1269 clarifies that seniority is the standard that should be used in all reemployment decisions. According to the Los Angeles Unified Personnel Commission, the Los Angeles Unified School District (LAUSD) operates using a reverse order of reemployment policy for classified staff. This policy has created the same result as if they were using seniority. Due to multi-year layoffs in recent years however, a few individuals have been identified in the layoff and reemployment process in which reverse order does not equate to seniority. According to the sponsors of this bill, the LAUSD Personnel Commission, the conflict between the education code sections is becoming a challenge to merit school districts undergoing multiple years of layoffs. AB 1269 Page 3 2) Merit school districts . According to the California School Personnel Commissioners Association, the merit system is a method of personnel management that provides for the selection and retention of employees, promotional opportunities, in-service training and other personnel related matters on the basis of merit, fitness, and the principle of "like pay for like work." There are about 100 merit school districts in California. The majority (almost 60%) of classified employees statewide are employed in districts that operate under a merit system. Personnel decisions in merit school districts are determined by a Personnel Commission that is responsible for maintaining a merit system for classified employees and fostering the advancement of a career service for such employees. Personnel Commissioners classify positions, hear appeals and prescribe rules related to a variety of personnel practices. Authority for Personnel Commissions functions is provided by Sections 45220 to 45320 and 88060 and 88169 of the Education Code. SUPPORT Los Angeles Unified School District Personnel Commission OPPOSITION None received.