B 316 LAYOFF Preliminary LOS ANGELES COMMUNITY COLLEGES PERSONNEL GUIDE ISSUE DATE: 8-17-87 REPLACES: PG B316 (4-8-81) SERVICE: CHANGES: Classified DISTRIBUTION General (See PG: B339 for decoding) Education Code references updated. ISSUED BY: Office of Pers Oper Preliminary Procedures for Determination of Layoff Legal Requirement for Notification of Affected Employee(s) 1. Education Code 88017 is quoted in its entirety: 88017. (a) WHEN, AS A RESULT OF THE EXPIRATION OF A SPECIALLY FUNDED PROGRAM, CLASSIFIED POSITIONS MUST BE ELIMINATED AT THE END OF ANY SCHOOL YEAR, AND CLASSIFIED EMPLOYEES WILL BE SUBJECT To LAYOFF FOR LACK OF FUNDS, THE EMPLOYEES TO BE LAID OFF AT THE END OF SUCH SCHOOL YEAR SHALL BE GIVEN WRITTEN NOTICE ON OR BEFORE MAY 29 INFORMING THEM OF THEIR LAYOFF EFFECTIVE AT THE END OF SUCH SCHOOL YEAR AND OF THEIR DISPLACEMENT RIGHTS, IF ANY, AND REEMPLOYMENT RIGHTS. HOWEVER, IF THE TERMINATION DATE OF ANY,SPECIALLY FUNDED PROGRAM IS OTHER THAN JUNE 30, SUCH NOTICE SHALL BE GIVEN NOT LESS THAN 30 DAYS PRIOR TO THE EFFECTIVE DATE OF THEIR LAY OFF. (b) WHEN, AS A RESULT OF A BONA FIDE REDUCTION OR ELIMINATION OF THE SERVICE BEING PERFORMED BY ANY DEPARTMENT, CLASSIFIED EMPLOYEES SHALL BE SUBJECT TO LAYOFF FOR LACK OF WORK, AFFECTED EMPLOYEES SHAH BE GIVEN NOTICE OF LAYOFF NOT LESS THAN 30 DAYS PRIOR TO THE EFFECTIVE DATE OF LAYOFF, AND INFORMED OF THEIR DISPLACEMENT RIGHTS, IF ANY, AND REEMPLOYMENT RIGHTS. (c) NOTHING HEREIN PROVIDED SHALL PRECLUDE A LAYOFF FOR LACK OF FUNDS IN THE EVENT OF AN ACTUAL AND EXISTING FINANCIAL INABILITY TO PAY SALARIES OF CLASSIFIED EMPLOYEES, NOR LAYOFF FOR LACK OF WORK RESULTING FROM CAUSES NOT FORESEEABLE OR PREVENTABLE BY THE GOVERNING BOARD, WITHOUT THE NOTICE REQUIRED BY SUBSECTIONS (a) or (b) HEREOF. THIS SECTION SHALL APPLY TO DISTRICTS THAT HAVE ADOPTED THE MERIT SYSTEM IN THE SAME MANNER AND EFFECT AS IF IT WERE A PART OF ARTICLE 3 (COMMENCING WITH SECTION 88o6o) OF THIS CHAPTER. 2. Campus and Administrative Offices Procedures College President or Division Head identifies position(s) which are to be eliminated and/or reduced. a. b. Positions to be eliminated because of a budget reduction must be so identified not later than March I (AFT contract requires 60 days notice large reductions require more than 30 days for calculations) of the prior fiscal year to enable the Division of Human Resources to perform necessary seniority calculations and to notify the affected employee(s) as required by E.C. 88017(a), above. c. Positions to be eliminated during a fiscal year must be identified and adequate lead time must be allowed for the calculation of seniority and for the required legal notification as indicated in E. C. 88017(b). d. A memo requesting the initiation of layoff procedures and identifying the position class title and the reason for the reduction is to be submitted to the Vice Chancellor, Division of Human Resources. -1- OVER PG B316 3. Division of Human Resources a. The Vice Chancellor will review all requests for reduction. If approved, the Office of Classified Personnel Administration will be requested to calculate seniority for the affected class and all other classes which may be affected due to multiple displacements as a result of "bumping." b. The Division of Human Resources will determine the effective date of the layoff and/or "bumping" action(s), when all necessary facts have been determined. c. The affected employees will be notified by certified letter. In addition the affected employees will receive a personally delivered copy of the letter for which a signature indicating receipt will be obtained. If it is not possible to personally deliver the letter, a copy will be sent via first class mail delivery. The Office of Classified Personnel Administration will notify the affected locations of the pending action. -2-