BILL ANALYSIS Ó
AB 1339
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Date of Hearing: May 13, 2015
ASSEMBLY COMMITTEE ON EDUCATION
Patrick O'Donnell, Chair
AB 1339
(Santiago) - As Amended April 6, 2015
SUBJECT: School district employees: merit system: appointments.
SUMMARY: Extends, until December 31, 2020, exemptions from the
requirement that a merit system school district fill classified
employee vacancies with applicants from the first three ranks on
an eligibility list. Specifically, this bill:
1)Extends, until December 31, 2020, provisions of law which
authorize a school district with a student population of over
400,000 (the Los Angeles Unified School District) to fill a
classified 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 which cannot
reasonably be acquired during the probationary period.
2)Removes "information technology solution technician" from the
list of classifications subject to this exemption.
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EXISTING LAW:
1)Allows an appointment may be made from other than the first
three ranks of eligible applicants on the eligibility list if
one or more of the following are required for successful job
performance of a position to be filled:
a) the ability to speak, read, or write a language in
addition to English
b) a valid driver's license
c) specialized licenses, certifications, knowledge, or
ability, as determined by the school district personnel
commission, that cannot reasonably be acquired during the
probationary period
d) a specific gender, if it is a bona fide occupational
qualification
1)Requires that the recruitment bulletin announcing the
examination indicate the special requirements that may be
necessary for filling one or more of the positions in the
classification.
2)Requires that, if a position is to be filled using the
authority of this section, the appointment 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.
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3)Requires that, if there are insufficient applicants who meet
the special requirements, an employee who meets the special
requirements may receive provisional appointments that may
accumulate to a total of 90 working days. This provision
applies only to the following 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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1)A school district that makes an appointment pursuant to this
section shall 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.
2)Sunsets these provisions on December 31, 2015.
FISCAL EFFECT: This bill has been keyed non-fiscal.
COMMENTS:
Need for the bill. The rationale for the exemptions extended by
this bill, as described in an analysis of AB 424 (Richman),
Chapter 881, Statutes of 2003, was that these provisions would
"provide efficiencies, economies and flexibility in the
examination and selection process for classified employees of
the Los Angeles Unified School District." The sponsor of that
bill stated that the "Rule of Three Ranks" takes between one and
four months to fill a vacancy, and that "at any given time,
there are tens of vacancies in any given classification. If one
school must select from the top three ranks before the next
school can select, inordinate delays are created in the hiring
of qualified employees." The sponsor argued that an exemption
would reduce hiring time to two to three weeks.
Merit systems. Current law establishes a system of classified
personnel management, known as the merit system, which has been
adopted by nearly 100 school districts in California, including
the LAUSD, the sponsor of this bill, which adopted the merit
system in 1936.
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In a merit system district, a personnel commission establishes
guidelines that the district governing board must follow in the
hiring, retention, and promotion of classified employees. The
commission is comprised of one commissioner selected by the
exclusive representative of the classified employees, one
commissioner selected by the school district, and a third
commissioner selected by the other two.
Vacancies in the classified service are filled from applicants
on eligibility lists, except for vacancies filled by transfer,
demotion, reinstatement, and reemployment in accordance with
rules of the commission. An applicant's place on an eligibility
list is determined by his or her performance on a competitive
examination. All eligible applicants with the same score are
considered as having the same rank, and positions generally are
filled by applicants from the first three ranks on an
eligibility list. Appointments may be made from other than the
first three ranks 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 of the position.
Previous legislation. The exemption from the requirement to
appoint from the first three ranks was first provided by AB 424
(Richman), Chapter 881, Statutes of 2003. That bill did not
restrict the exemption to specified positions. The original
exemption expired on January 1, 2006 and was extended to January
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1, 2007 by AB 1772 (PER&SS Committee), Chapter 547, Statutes of
2005. AB 580 (Smyth), Chapter 528, Statutes of 2007, extended
the expiration date again to January 1, 2012 and limited its
application to 16 specified positions. AB 415 (Karnette),
Chapter 186, Statutes of 2008, added "any classifications that
have been designated as management" to the 16 positions added by
AB 580. AB 1293 (Hall), Chapter 145, Statutes of 2009, added
nine additional positions to which the exemption may apply. AB
2125 (Hall), Chapter 56, Statutes of 2012, extends the exemption
from the requirement to appoint from the first three ranks to
December 31, 2015 and applied it to nine positions.
REGISTERED SUPPORT / OPPOSITION:
Support
Los Angeles Unified School District (sponsor)
Opposition
None on file
Analysis Prepared by:Tanya Lieberman / ED. / (916) 319-2087
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