BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1908
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          ASSEMBLY THIRD READING
          AB 1908 (Alejo)
          As Introduced February 22, 2012
          Majority vote 

           PUBLIC EMPLOYEES    4-1         APPROPRIATIONS      11-5        
           
           ----------------------------------------------------------------- 
          |Ayes:|Furutani, Allen, Ma,      |Ayes:|Fuentes, Blumenfield,     |
          |     |Wieckowski                |     |Bradford, Campos, Davis,  |
          |     |                          |     |Gatto, Hall, Hill, Lara,  |
          |     |                          |     |Mitchell, Solorio         |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Mansoor                   |Nays:|Harkey, Donnelly,         |
          |     |                          |     |Nielsen, Norby, Wagner    |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Increases, from 45 days to 60 days, the layoff notice 
          requirement for classified school employees working in 
          California's school and community college districts.  

           EXISTING LAW  :

          1)Provides a framework for layoffs of school employees.  For the 
            following occupations, the statutory notice requirements 
            listed are applicable:

             a)   Classified school employees (K-14):  45 days notice 
               prior to layoff for lack of work or lack of funds.  This 
               notification requirement does not apply to short-term 
               employees;

             b)   Teachers, certificated employees, (K-14):  notice by 
               March 15th.  However, if no notice is given, the school 
               district must continue to employ the person for another 
               year.  An exception to this notice exists when the cost of 
               living adjustment is less than two percent and situations 
               involving specified attendance declines;

             c)   Credentialed administrators and supervisors, (K-12):  
               notice by March 15th.  However, if no notice is given, the 
               school district must continue to employ the person for 
               another year.  An exception exists when the cost of living 








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               adjustment is less than two percent;

             d)   Other Administrators and Senior Management of the 
               classified service:  45 days notice.  However, if no notice 
               is given, they are deemed to be reemployed or reelected for 
               the term of the same length and under the same terms, 
               conditions, and compensation; and,

             e)   All Community College Administrators:  6 months notice 
               or notice by March 15th.  However, if no notice is given, 
               the administrator is deemed reemployed for a term of the 
               same length and all other terms and conditions remain 
               unchanged.

          2)School districts are authorized to lay off classified 
            employees in the event of lack of funds or unforeseen causes 
            without meeting the specified notice requirements.

           FISCAL EFFECT  :  According to the Assembly Appropriations 
          Committee, This bill will not result in a fiscal impact to the 
          state.  There will not be reimbursable costs because:

          1)The decision to lay off employees is at the district's 
            discretion; therefore, laws regarding procedures are not 
            usually considered a reimbursable mandate.

          2)The bill does not mandate a new program or a higher level of 
            service.

           COMMENTS  :  According to the author, "AB 1908 seeks to address an 
          inequity in the law with regard to layoff notices for school 
          employees.  Teachers and administrators are given significantly 
          longer layoff notice, with the March 15th layoff notice 
          requirement.  This bill does not provide classified school 
          employees (i.e. bus drivers, cafeteria workers, custodians) with 
          the March 15th layoff notice, but simply provides them with two 
          additional weeks to prepare for a layoff, extending the current 
          layoff notice from 45 to 60 days.  AB 1908 recognizes the 
          economic conditions of California and the high unemployment rate 
          and affords classified employees with additional time to prepare 
          for their job loses."

          Supporters state, "The state's budget crisis has dramatically 
          impacted classified school employees - 30,000 of whom have been 








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          laid off and the majority of those who remain being placed on 
          some type of furlough.  AB 1908 merely provides classified 
          employees with an additional two weeks of planning time in the 
          event of layoff.  The additional notice in no way obligates 
          school districts to employ classified employees for additional 
          time, but rather simply ensures that they have a few more days 
          to prepare for unforeseen job loss."

          Opponents state, "AB 1908 extends the written termination 
          timeline from 45 days to 60 days.  While this appears to not be 
          a significant change, the unintended consequences for school 
          districts will be significant.  This change in the timeline will 
          force school districts to have to over-notice their classified 
          employees since we will have to issue the notice prior to the 
          release of the state budget May Revision.  Over-noticing has a 
          tremendous negative impact on employee morale and causes 
          employees to panic and districts still do not have any firm 
          financial information to base these decisions on.  The more time 
          school districts have to make informed decisions, the better it 
          is for everyone involved."

          AB 290 (Firebaugh), Chapter 880, Statutes of 2003, require 
          school and community college districts to provide classified 
          school employees with 45 days notice of layoff and requires 
          short-term employees to be given layoff notices before permanent 
          classified employees are laid off.

          AB 2578 (Wesson) of 2000 would have required districts to give 
          60 days advance notice of layoff for lack of work when the 
          termination date is other than June 30.  The Governor vetoed the 
          bill, and stated, in part, "I cannot support this measure 
          because it would require school or community college districts 
          to foresee their personnel needs 60 days in advance, which is 
          not always possible.  Many districts are not notified until the 
          final weeks of the fiscal year of programs that will continue to 
          be funded for the next fiscal year."


           Analysis Prepared by  :    Karon Green / P.E., R. & S.S. / (916) 
          319-3957 


                                                                FN: 0003308









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