BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 2125
                                                                  Page  1

          Date of Hearing:   May 9, 2012

                           ASSEMBLY COMMITTEE ON EDUCATION
                                Julia Brownley, Chair
                     AB 2125 (Hall) - As Amended:  April 10, 2012
           
          SUBJECT  :   School district employees:  merit system:  
          appointments

           SUMMARY  :   Provides exemptions from the requirement that merit 
          system school districts fill classified employee vacancies with 
          applicants from the first three ranks on an eligibility list.    
          Specifically,  this bill  :  

          1)Applies only to the Los Angeles Unified School District 
            (LAUSD).

          2)Authorizes the LAUSD 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, as determined by the 
            school district personnel commission, which cannot reasonably 
            be acquired during the probationary period.

          3)Requires the recruitment bulletin announcing the position to 
            indicate that special requirements may be necessary.

          4)Requires, if this authority is used, that the appointment be 
            made from the highest three ranks of eligible candidates who 
            meet the special requirements of the position.

          5)Requires the LAUSD to study the effectiveness of this 
            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 only until 
            December 31, 2015.

           EXISTING 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.  In a merit system district, a personnel commission 








                                                                  AB 2125
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          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. 


           FISCAL EFFECT  :   This bill is keyed nonfiscal.

           COMMENTS  :    This bill  extends the exemption from the requirement 
          to appoint from the first three ranks to December 31, 2015 and 
          applies it only to the following nine positions: 

          1)Principal financial analyst
          2)Principal administrative analyst
          3)Senior administrative analyst
          4)Senior administrative assistant
          5)Senior financial analyst
          6)Information technology electronic communications technician
          7)Information technology solution technician
          8)Senior human resource specialist
          9)Any classifications that have been designated as management or 
            confidential

          The bill applies only to districts with a pupil population of 
          more than 400,000.  LAUSD is the only district that meets this 
          criterion.  

          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 








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          restrict the exemption to specified positions.  The original 
          exemption expired on January 1, 2006 and was extended to January 
          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.

           Need for the bill.  According to the author's office, this bill 
          creates flexibility in the hiring process that allows the LAUSD 
          to dramatically reduce the average time it takes to fill a 
          vacancy without affecting the merit system.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          Los Angeles Unified School District (Sponsor)

           Opposition 
           
          None on file
           
          Analysis Prepared by  :    Rick Pratt / ED. / (916) 319-2087