BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                  AB 2307|
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                                 THIRD READING


          Bill No:  AB 2307
          Author:   Butler (D)
          Amended:  7/5/12 in Senate 
          Vote:     21

           
           SENATE EDUCATION COMMITTEE  :  6-2, 6/27/12
          AYES:  Lowenthal, Alquist, Liu, Price, Simitian, Vargas
          NOES:  Blakeslee, Huff
          NO VOTE RECORDED:  Runner, Hancock, Vacancy

           ASSEMBLY FLOOR  :  46-27, 5/17/12 - See last page for vote


          SUBJECT  :    Classified school employees

           SOURCE  :     California School Employees Association 


           DIGEST  :    This bill requires that a classified school 
          employee, who is placed on a reemployment list and is 
          subsequently reemployed in a new position, retains the 
          right to be returned to the reemployment list for the 
          remainder of the 39-month period in the event he/she fails 
          to complete the probationary period in the new position.

           ANALYSIS  :    Existing law requires the governing boards of 
          school and community college districts to grant permanent 
          employee status to classified employees who have passed a 
          specified probationary period, not to exceed on year, in a 
          classification. 

          This bill requires that a classified school employee, who 
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          is placed on a reemployment list and is subsequently 
          reemployed in a new position, retains the right to be 
          returned to the reemployment list for the remainder of the 
          39-month period in the event he/she fails to complete the 
          probationary period in the new position.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No   
          Local:  No

           SUPPORT  :   (Verified  7/5/12)

          California School Employees Association (source)
          American Federation of State, County and Municipal 
          Employees 
          California Federation of Teachers 
          California Labor Federation 
          California Professional Firefighters 
          Laborers' Local 777 

          ARGUMENTS IN SUPPORT  :    According to supporters, "In a 
          recent appellate court decision, CSEA v. The Governing 
          Board of the Eastside Union High School District (2011) 193 
          Cal.App.4th 540, the court held that a classified employee 
          who has attained permanent status in a classification with 
          the school district, but who has been laid off and 
          reemployed in a different lower position, does not have 
          permanent status with the district. The court held that 
          permanent status is attained in a position or class: when a 
          permanent employee on a reemployment list is reemployed in 
          a new position in which the employee did not attain 
          permanence, the employee is a probationary employee with no 
          right to notice or hearing before he or she is terminated.  
          As a result of the decision in the Eastside case, a 
          district 
          may require an employee to service a probationary period, 
          and may release the employee from probation without 
          affording the employee due process rights that permanent 
          classified employees have.  Districts may also attempt to 
          use this case in other situations, such as those where 
          employees take a voluntary demotion in lieu of layoff to a 
          position not previously held. Accordingly, this bill is 
          necessary to protect the rights of classified employees who 
          have attained permanent status within a district by 
          clarifying when such status is attained." 

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           ASSEMBLY FLOOR  :  46-27, 5/17/12
          AYES:  Alejo, Allen, Ammiano, Atkins, Beall, Block, 
            Blumenfield, Bonilla, Bradford, Brownley, Buchanan, 
            Butler, Charles Calderon, Campos, Carter, Cedillo, Davis, 
            Dickinson, Eng, Feuer, Fong, Fuentes, Furutani, Galgiani, 
            Gatto, Gordon, Hall, Hayashi, Roger Hernández, Hill, 
            Huber, Hueso, Huffman, Lara, Ma, Mendoza, Mitchell, 
            Monning, Pan, Portantino, Solorio, Swanson, Torres, 
            Wieckowski, Williams, John A. Pérez
          NOES:  Achadjian, Bill Berryhill, Conway, Cook, Donnelly, 
            Beth Gaines, Garrick, Gorell, Grove, Hagman, Halderman, 
            Harkey, Jeffries, Jones, Knight, Logue, Mansoor, Miller, 
            Morrell, Nestande, Nielsen, Norby, Olsen, Silva, Smyth, 
            Valadao, Wagner
          NO VOTE RECORDED:  Chesbro, Fletcher, Bonnie Lowenthal, 
            Perea, V. Manuel Pérez, Skinner, Yamada


          PQ:m  7/5/12   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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