BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1269|
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CONSENT
Bill No: AB 1269
Author: Portantino (D)
Amended: As introduced
Vote: 21
SENATE EDUCATION COMMITTEE : 9-0, 6/22/11
AYES: Lowenthal, Alquist, Blakeslee, Hancock, Huff, Liu,
Price, Simitian, Vargas
NO VOTE RECORDED: Runner, Vacancy
ASSEMBLY FLOOR : 77-0, 5/23/11 - See last page for vote
SUBJECT : Classified employees: reemployment of laid off
employees
SOURCE : Los Angeles Unified School District Personnel
Commission
DIGEST : 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.
ANALYSIS : 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.
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AB 1269
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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 that list in
accordance with their proper seniority.
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.
Comments
Need for this bill . According to the sponsor of this bill,
Los Angeles Unified School District 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 LAUSD
Personnel Commission, the conflict between the education
code sections is becoming a challenge to merit school
districts undergoing multiple years of layoffs.
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
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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 percent) 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Per Senate Education Committee analysis)
Los Angeles Unified School District Personnel Commission
(source)
ARGUMENTS IN SUPPORT : According to the author's office,
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 is
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. This bill clarifies that
seniority is the standard that should be used in all
reemployment decisions.
ASSEMBLY FLOOR : 77-0, 5/23/11
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
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Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Davis, Dickinson,
Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani,
Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Grove,
Hagman, Halderman, Hall, Harkey, Hayashi, Roger
Hernández, Hill, Huber, Hueso, Huffman, Jeffries, Jones,
Knight, Lara, Logue, Bonnie Lowenthal, Ma, Mendoza,
Miller, Mitchell, Monning, Morrell, Nestande, Nielsen,
Norby, Olsen, Pan, Perea, V. Manuel Pérez, Portantino,
Silva, Skinner, Smyth, Solorio, Swanson, Torres, Valadao,
Wagner, Wieckowski, Williams, Yamada, John A. Pérez
NO VOTE RECORDED: Cook, Gorell, Mansoor
CPM:kc 6/24/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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