BILL ANALYSIS                                                                                                                                                                                                    Ó



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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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