BILL ANALYSIS �
SENATE COMMITTEE ON EDUCATION
Alan Lowenthal, Chair
2011-12 Regular Session
BILL NO: AB 1269
AUTHOR: Portantino
INTRODUCED: February 18, 2011
FISCAL COMM: No HEARING DATE: June 22, 2011
URGENCY: No CONSULTANT:Beth Graybill
SUBJECT : Classified employees: Reemployment of laid off
employees.
SUMMARY
This bill specifies that for merit system school districts,
reemployment of classified employees after a layoff will be
in order of seniority instead of the reverse order of layoff.
BACKGROUND
Existing law provides that classified employees are subject
to layoff for lack of work or lack of funds and specifies
that the order of layoff within the class shall be determined
by length of service. The employee who has been employed the
shortest time in the class, plus higher classes, must be laid
off first. Reemployment must be in the reverse order of
layoff. (Education Code � 45308)
Existing law specifies that persons laid off because of lack
of work or lack of funds are eligible for reemployment for a
period of 39 months and must be reemployed in preference to
new applicants. Employees who take voluntary demotions or
voluntary reductions in assigned time in lieu of layoff or to
remain in their present positions rather than be reclassified
or reassigned, are granted the same rights as persons laid
off and retain eligibility to be considered for reemployment
for an additional period of up to 24 months. The personnel
commission in these districts makes the determination of the
specified period of eligibility for reemployment on a
class-by-class basis. Employees who take voluntary demotions
or reductions in assigned time in lieu of layoff can return
to a position in their former class or to positions with
increased assigned time as vacancies become available, but if
there is a valid reemployment list, they are to be ranked on
AB 1269
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that list in accordance with their proper seniority. (EC �
45298)
ANALYSIS
This bill deletes provisions requiring that reemployment of
classified staff who have been laid off to be in the reverse
order of layoff and instead requires that reemployment be in
order of seniority.
STAFF COMMENTS
1) Need for the bill : This bill specifies that classified
employees shall be rehired after a layoff in the order
of seniority rather than in reverse order of layoff.
According to the author, one code section of the
Education Code requires school districts to begin
reemployment in reverse order of layoff and a separate
code section requires reemployment by seniority. While
"reverse order of layoff" could be interpreted to mean
staff who are the least senior (i.e. laid off first)
would be the first to be reemployed, districts may also
interpret the language to mean that people who were laid
off last (have more seniority than staff who were laid
off earlier), are reemployed first. Normally, the lack
of clarity between the code sections are not an issue.
However, a district that has faced multiple rounds of
layoffs in may have difficulty complying with these two
different requirements as the last person laid off may
have less seniority than individuals dismissed in the
previous rounds of layoffs. AB 1269 clarifies that
seniority is the standard that should be used in all
reemployment decisions.
According to the Los Angeles Unified Personnel Commission,
the Los Angeles Unified School District (LAUSD) operates
using a reverse order of reemployment policy for
classified staff. This policy has created the same
result as if they were using seniority. Due to
multi-year layoffs in recent years however, a few
individuals have been identified in the layoff and
reemployment process in which reverse order does not
equate to seniority. According to the sponsors of this
bill, the LAUSD Personnel Commission, the conflict
between the education code sections is becoming a
challenge to merit school districts undergoing multiple
years of layoffs.
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2) Merit school districts . According to the California
School Personnel Commissioners Association, the merit
system is a method of personnel management that provides
for the selection and retention of employees,
promotional opportunities, in-service training and other
personnel related matters on the basis of merit,
fitness, and the principle of "like pay for like work."
There are about 100 merit school districts in
California. The majority (almost 60%) of classified
employees statewide are employed in districts that
operate under a merit system. Personnel decisions in
merit school districts are determined by a Personnel
Commission that is responsible for maintaining a merit
system for classified employees and fostering the
advancement of a career service for such employees.
Personnel Commissioners classify positions, hear appeals
and prescribe rules related to a variety of personnel
practices. Authority for Personnel Commissions
functions is provided by Sections 45220 to 45320 and
88060 and 88169 of the Education Code.
SUPPORT
Los Angeles Unified School District Personnel Commission
OPPOSITION
None received.