BILL ANALYSIS Ó
SENATE COMMITTEE ON EDUCATION
Alan Lowenthal, Chair
2011-12 Regular Session
BILL NO: AB 2125
AUTHOR: Hall
AMENDED: April 10, 2012
FISCAL COMM: No HEARING DATE: June 13, 2012
URGENCY: No CONSULTANT:Beth Graybill
SUBJECT : Merit system school districts: Appointments.
SUMMARY
This bill, until December 31, 2015, in a merit-system school
district with a pupil population of over 400,000, authorizes
appointments to specified classifications of positions to be
made from other than the first three ranks on an eligibility
list.
BACKGROUND
Current law authorizes school and community college districts
to adopt a merit-based personnel system and appoint a
personnel commission to govern the employment of individuals
in classified positions. A merit system may be established
by local board action, by a majority vote of the district's
classified employees, or by a majority vote of the voting
electors of the district. Key principles of a merit system
include:
Selection and promotion based on merit and fitness as
determined by
competitive examinations.
Retention based on demonstrated performance.
Classification of positions based on duties and
responsibilities
performed.
Compensation based on "like pay for like work."
Appeals before a neutral third party.
Merit personnel systems are governed by Sections 45220 to
45320 and 88060 and 88169 of the Education Code.
Existing law requires all vacancies in the classified service
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of a school district that has adopted the merit system to be
filled from applicants on eligibility lists from promotional
examinations or by means of transfer, demotion,
reinstatement, or reemployment, as specified. When a vacancy
is filled from applicants on an eligibility list, the
appointment must be made from eligible candidates in the
first three ranks on the list who are ready and willing to
accept the position.
(Education Code § 45272)
Under existing law, merit system school districts may make
appointments from other than the first three ranks of
applicants on an eligibility list when the ability to speak,
read, or write a language in addition to English or
possession of a valid driver's license is a requirement for
the position to be filled. In that circumstance, existing
law requires the appointment to be made from among the
highest three ranks of the applicants on the list who meet
the special requirements. (EC § 45277)
ANALYSIS
This bill applies only to the Los Angeles Unified School
District (LAUSD). Specifically, this bill:
1) Authorizes the LAUSD, until December 31, 2015, to fill a
vacancy with an applicant who is not among the first
three ranks of an eligibility list if the position
requires a person of a specific gender or requires
specialized licenses, certifications, knowledge, or
ability that cannot reasonably be acquired during the
probationary period. Specifies this authority extends
only to the following nine classifications:
a) Principal financial analyst.
b) Principal administrative analyst.
c) Senior administrative analyst.
d) Senior administrative assistant.
e) Senior financial analyst.
f) Information technology electronic
communications technician.
g) Information technology solution technician.
h) Senior human resource specialist.
i) Any classifications that have been designated
as management or confidential.
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2) Requires the recruitment bulletin announcing the
examination to indicate the special requirements that
may be necessary for filling one or more of the
positions in the classification.
3) Requires, if this authority is used, the appointment to
be made from among the highest three ranks of eligible
candidates on the appropriate eligibility list who meet
the special requirements of the position and who are
ready and willing to accept the position.
4) Authorizes provisional appointments, as specified, when
there are insufficient applicants who meet the special
requirements.
5) Requires the LAUSD to study the effectiveness of the
selection method, the vacancy rates for each class, and
the length of time to hire for each class, and submit a
report on its findings to any affected labor union.
6) Provides that this authority shall remain in effect
until December 31, 2015, and as of that date is
repealed, unless a later statute that is enacted before
December 31, 2015, deletes or extends that date.
STAFF COMMENTS
1) History of LAUSD exemption : Prior law, until January 1,
2012, authorized the Los Angeles Unified School District
(LAUSD) to fill vacancies in specified job
classifications from ranks other than the top three
ranks of an employment list if specialized licenses,
certifications, knowledge, ability or a specific gender
is required. The unique selection process established
for LAUSD was originally authorized by AB 424 (Richman,
Chapter 881, 2003). The original exemption expired on
January 1, 2006, and was extended to January 1, 2007, by
AB 1772 (Assembly Public Employees Retirement and Social
Security Committee, Chapter 547, 2005). AB 5480 (Smyth,
Chapter 528, 2007) extended the expiration date again to
January 1, 2012, and limited its application to 16
specified positions. AB 415 (Karnette, Chapter 186,
2008) added "any classifications that have been
designated as management" to the listed classifications.
AB 1293 (Hall, Chapter 145, 2009) added nine additional
positions to which the exemption applied.
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2) Need for the bill . According to the author's office,
this bill is needed to maintain the historical
flexibility in the hiring process that has allowed the
LAUSD to dramatically reduce the average time it takes
to fill a vacancy. The LAUSD Personnel Commission
oversees a classification system of approximately 1,150
separate classifications. Selective certification
allows the district's personnel commission to have an
efficient hiring process without affecting the merit
system.
3) Merit systems . There are about 100 merit system school
districts in California, including the Los Angeles
Unified School District, which adopted the merit system
in 1936. About 60% of classified employees statewide
are employed in districts that operate under a merit
system. Personnel decisions in merit system districts
are governed by a local personnel commission that is
responsible for maintaining the system and establishing
guidelines that the district governing board must follow
in the hiring, retention, and promotion of classified
employees. A local personnel commission is comprised of
one member selected by the governing board of the school
district, one member nominated by the classified
employees of the district (and appointed by the district
governing board), and a third member who is appointed by
the other two.
In a merit system, vacancies in the classified service are
filled from applicants on eligibility lists, except for
those filled by employees who are transferred, demoted,
reinstated, or reemployed in accordance with rules the
local personnel commission has established. Applicants
are placed on an eligibility list in the order of their
"relative merit" based on their performance on a
competitive examination; applicants with the same score
have the same "rank" on the list. Generally speaking,
appointments must be made from individuals in the first
three ranks on the list, however the law provides
exemptions when the ability to speak, read, or write a
language other than English or possession of a valid
driver's license is a requirement of the position. This
bill temporarily provides the LAUSD with additional
exemptions for specific classifications by authorizing
appointments to be made from other than the first three
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ranks on the eligibility list if the position requires
specialized licenses, certification, knowledge or
ability that can't reasonably be acquired during the
probationary period or if a specific gender is required
for successful job performance of a position.
SUPPORT
Los Angeles Unified School District
OPPOSITION
None received.