BILL ANALYSIS �
AB 2125
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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
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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