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 



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          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.  



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           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.