|
Personnel |
4217.232-AR |
REDUCTION IN CLASSIFIED PERSONNEL
A.
Purpose and Scope
1.
To
specify the terms and conditions by which the district may reduce the number of
classified personnel
2.
To
establish the procedures to be followed in reducing the number of classified
personnel employed by the district
3.
To
define the rights of employees whose positions have been reduced or eliminated
B.
General
1.
Any
department or school facing a reduction in personnel is to provide the
superintendent with a list of the positions recommended to be eliminated.
2.
The
superintendent shall make the final determination as to which positions are to
be recommended to the Board of Education for elimination from the classified
service.
3.
Following
board approval of the position reductions the classified personnel office shall
implement the layoff procedures as outlined.
4.
The
layoff procedure is not to be used for purposes of effecting
any form of disciplinary action.
5.
Positions
authorized and funded in whole or in part by the Federal Emergency Employment Act
of 1971 (PL 92-54); the Emergency Jobs and Unemployment Assistance Act of 1974,
or any similar federal law shall not be established or retained in any class
from which regular classified employees have been laid off.
C.
Forms Used and Additional References
Education
Code Sections 45105, 45117, 45308
D.
Procedure
1.
Definitions:
a.
Layoff -
means the termination of an employee for reasons of lack of funds or lack of
work, or any reduction in hours of employment.
b.
Demotion-in-lieu-of layoff - means assignment to a vacant position in a classification
or grade lower than that in which the employee has permanence, voluntarily
consented to by the employee, in order to avoid termination of employment by
layoff.
c.
Lack of work
- means any reduction or elimination of the service being performed by any
department or a reduction in the amount of time required to provide the same
services.
d.
Lack of funds
- means the expiration of a specially funded program, or funds, which if
expended would reduce the district's undistributed reserve below the amount
established by the board.
e.
Class -
means a position (or group of positions sufficiently similar in duties and
responsibilities) that has a designated title and salary range.
f.
Length of service (for service rendered prior to July 1, 1971) - means time served from date of
employment in a position a part of the classified service, without regard to
time not worked due to a work year of less than twelve months.
g.
Length of service (for service commenced or continuing after July 1,
1971) - means all
hours in a paid status in a position a part of the classified service, except
for hours compensated for solely on an overtime basis.
h.
Break in service - means a period of time during which the employee has terminated
employment with the district or was in an unpaid leave status, but has since
been reemployed or resumed service to the district.
i.
Seniority in district - means the combined length of service in all classes in
which the employee has held regular status.
j.
Seniority in class - means the length of service in a particular class.
k.
Displacement rights - the right of an employee whose position has been reduced or
eliminated, to take the position of an employee with less seniority who is
currently serving in the same class or in a lower class in which the laid off
employee previously held regular status.
l.
Re-employment rights - the right of a laid off employee to be reinstated according to
seniority into the next vacant position in the class from which the employee
was laid off.
m.
Re-employment list - a list of the names of laid off employees arranged in range order
from the greatest to the least seniority in the class.
2.
Notice of Layoff:
a.
Classified
employees to be laid off shall be given written notification not less than
thirty days prior to the effective date of layoff. Such notification will
inform the employee of any displacement and reemployment rights.
b.
In
the event of an actual and existing financial inability to pay salaries of
classified employees or from lack of work resulting from causes not foreseeable
or preventable by the governing board, the thirty day notification period shall
not be required.
c.
Written
notification may be by personal delivery or by certified mail.
d.
A list of positions to be eliminated, and the appropriate
seniority lists, are to be forwarded to the bargaining unit at the same time notification is
given to the employees.
3.
Order of Layoff:
a.
The
order of layoff is determined by seniority in class. The employee with the
least seniority in the class (plus higher classes) is laid off first. If two or
more employees have equal seniority in class, the employee with least seniority
in district is laid off first. If two or more employees have equal seniority in
district, the order of layoff is determined by lot.
4.
Actions in Lieu of Layoff:
a.
Displacement
1)
An
employee whose position is reduced or eliminated may elect to displace a less
senior employee serving in the same class. The employee displaced, must be the
least senior employee in the class, regardless of position location.
2)
An
employee whose position is reduced or eliminated, or who has been displaced by
an employee with greater seniority in class, may
displace the least senior employee in a lower class provided that the
employee's combined seniority in the lower class plus higher classes is greater
than the seniority in class of the least senior employee. Persons serving in a
"restricted" class may, according to seniority, displace only within
the "restricted" class and in accordance with the criteria used for
establishing the "restricted" designation.
b.
Voluntary Transfer/Demotion
1)
An
employee whose position is reduced or eliminated may elect to be placed in a
vacant position in an equal or lower class, provided that the employee meets
the qualification requirements for the position.
5.
Calculating Seniority:
a.
Break in Service
1)
Employees
who had achieved permanent status with the district and who have had a break in
service for a period of less than thirty-nine months, will receive seniority
credit for the length of service worked prior to, but not during, the break.
2)
Employees
with a break in service greater than thirty-nine months will receive seniority
credit only for the length of service worked after the break.
b.
Position Reclassification
1)
For
the purpose of establishing seniority in a class and displacement rights, a
class exists according to its current title and placement on the salary
schedule.
6.
Reemployment:
a.
Laid
off employees are eligible for reemployment in the class from which they were
laid off for a period of thirty-nine months. Reemployment will be in reverse
order of layoff, and in preference to new applicants.
b.
Employees
who have accepted voluntary demotions or voluntary reductions in assigned time
in lieu of layoff shall be, at the option of the employee and in accordance
with their ranking on the reemployment list, returned to a position in their
former class or to positions with increased assigned time as vacancies become
available, and without limitation of time.
7.
Salary Placement:
a.
An
employee who accepts a demotion in lieu of layoff, or who displaces an employee
in a lower class will be placed in the step in the lower salary range which
comes closest to but does not exceed the employee's current salary. The
employee's anniversary date will remain the same.
b.
If
reinstated to the former class, the employee shall be placed at the salary step
which the employee would then be receiving had no demotion taken place.
8.
Employee Notification to the District:
a.
Employees
who wish to exercise displacement and/or reemployment rights must notify the
district no later than three working days after receiving notice of layoff and
displacement rights and/or of any reemployment opportunities. A refusal of an
offer for reemployment in the class from which the employee was laid off shall
mean the employee has waived all rights to reemployment.
b.
Refusal
of an offer of reemployment in a position in a lower class or status shall not
affect reemployment rights.
E.
Reports Required
None
F.
Record Retention
The
re-employment list for each affected class is to be maintained until all
persons on the list have been reinstated, or until the time limit for
reinstatement has lapsed, whichever occurs first.
G.
Responsible Administrative Unit
Assistant
Superintendent, Personnel Services
H.
Approved by:
|
Roger
M. Scott |
|
John
O. Tynes |
|
|
Responsible
Division Head |
Date |
Superintendent |
Date |