24.1 Classified employees shall be subject to layoff for lack of work or
lack of funds. Whenever it becomes necessary to invoke layoff
procedures, the Board of Trustees will take action in public session in
the form of a resolution or Board action, in accordance with normal
Board procedures.
| 24.2 | Order of Reduction The following order will prevail in the reduction |
| of classified personnel. |
24.2.1 Short-term employees (including students) by classification.
24.2.2 Substitute employees, by classification.
24.2.3 Probationary employees, by classification.
24.2.4 Permanent employees, by classification.
24.3 Seniority Computation Whenever a permanent employee is laid off,
the order of layoff within a classification shall be determined by
length of service within the classification. The employee who has
been employed the shortest time in the class, plus higher classes,
shall be laid off first.
24.3.1 The employees hired prior to July 1, 1971, seniority will be
computed on date of hire. Length of service (seniority) after
June 30, 1971, will be computed on the basis of hour in paid
status, whether during the school year, a holiday, recess, or
during any period that school is in session or closed, but
does not include hours compensated on an overtime basis.
24.3.2 "Hours in paid status" shall not be interpreted to mean any
service performed prior to entering into a probationary or
permanent status in the classified service.
| 24.4 | Displacement Privileges All displacement (bumping) actions shall be |
| carried out as follows: |
| 24.4.1 | A regular employee subject to layoff may displace the least |
| senior employee in the same job classification. |
24.4.2 A regular employee who is laid off from a classification and
who has previously held a regular position in another equal
or lower classification may displace an employee with the
least seniority in that class. For purposes of this section,
seniority shall include the total of the previous regular
service in the equal or lower classification, plus service in
the class in which the layoff occurs and in higher classes.
24.5 Voluntary Demotion in Lieu of Layoff All displacement (bumping)
actions shall be carried out as follows: Regular employees notified of
layoff for lack of work or funds may request a voluntary demotion to
a vacant position in a lower classification provided that the employee
is qualified to perform the duties thereof and provided further that
the immediate supervisor involved and the Director of Human
Resources approve the voluntary demotion.
24.6 Voluntary Reduction in hours in Lieu of Layoff Regular employees
may take voluntary reduction in assigned time in lieu of layoff or to
remain in their present positions rather than be reclassified or
reassigned. Such employees shall be granted the same rights as
persons laid off and shall be, at the option of the employee, returned
to a position with increased assigned time as vacancies become
available, in accordance with Ed. Code, Section 88117.
24.7 Retirement in Lieu of Layoff Regular employees who have been
employed at lease five (5) years under Public Employees Retirement
System and are fifty (50) years of age or older may elect to accept a
service retirement in lieu of layoff, voluntary demotion, or reduction
in assigned time. Such employees shall, prior to the effective date of
the proposed layoff, complete and submit a form to the PERS
provided by the Office of Human Resources for this purpose. The
employee shall then be placed on the thirty-nine (39) month
reemployment list in accordance with this regulation.
24.7.1 The District agrees that when an offer of employment is
made to an eligible person retired under this regulation, and
the District received within five (5) working days a written
acceptance of the offer, the retired persons shall be allowed
sufficient time to terminate the employee's retired status
with PERS.
24.8 Notice of Layoff Regular employees will, insofar as possible, be given
notice of layoff not less than thirty (30) days prior to the effective
date of layoff and be informed of their displacement privileges, if
any, and reemployment rights. Notification of layoff shall be
delivered by personal service or certified mail (return receipt
requested).
24.9 Reemployment Rights
24.9.1 Regular employees laid off due to lack of work or lack of
funds are eligible for reemployment for a period of thirty-
nine (39) months and shall be reemployed in preference to
new applicants. Employees laid off will be notified when
employment or job openings exist within the District. Such
notice shall be sent by certified mail to the last address
given the District by the employee.
24.9.2 Laid off persons shall be reemployed in the reverse order of
layoff in the highest rated job classification available in
accordance with the class seniority.
24.9.3 A permanent employee who is laid off and is subsequently
reemployed within thirty-nine (39) months shall have all
rights and privileges restored. However, the employee shall
not receive seniority credits for District work performed
while on the reemployment list.
24.9.4 A probationary employee shall continue to serve out the
remainder of the probationary period and shall also have all
rights and privileges restored. No seniority credit shall be
earned during the period of separation from the District.
24.9.5 Employee Notification to District of Acceptance of
Reemployment A regular employee shall notify the District
of the employee's intent to accept or refuse reemployment
within ten (10) working days following the mailing of the
reemployment notice. If the employee accepts
reemployment, the employee must report to work within
thirty (30) calendar days following the mailing of the
reemployment notice.
An employee given notice of reemployment need not accept
the reemployment to maintain the employee's eligibility on
the reemployment list, provided the employee notified the
Office of Human Resources, in writing, five (5) working days
from receipt of the reemployment notice. The laid-off
employee may decline three offers of reemployment and
retain a position on the list. If an employee on a
reemployment list refuses the third offer of reemployment,
no additional offers will be made and the employee shall be
considered unavailable for work until otherwise indicated.
The offer will then be made to the next person on the list.
24.9.6 In the event of any governing board or administrative
decision to (a) abolish classified positions for lack of work or
lack of funds, and/or (b) lay off classified positions for lack
of work or lack of funds, the District shall agree to meet and
negotiate the effects of said decision with regard to matters
within the scope of representation, as defined by
Government Code, Section 3543.2.
24.9.7 Reemployment as a Short-term or Substitute Employee An
employee who has been laid off for lack of work or lack of
funds, and who is on a layoff reemployment list, shall be
given first priority for reemployment as a substitute or
limited term employee in the employee's original class or
any other class for which the employee is qualified. Such
employment shall in no manner jeopardize or otherwise
affect the employee's status or eligibility for reemployment.
Persons on a reemployment list employed as a substitute or
in limited term position do not accrue seniority.
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