Meeting Date:   5/11/2010 - 7:30 PM
Category:   Business/Action Items
Type:   Action
Subject:   14.5 Request to approve the proposed decision of the Administrative Law Judge and implement the certificated layoff.
Strategic Plan
Policy:  
Enclosure
File Attachment:  
ALJ Decision Resolution (2).pdf
Summary As part of the certificated layoff process, a formal hearing was held on April 27, 2010. This hearing was conducted by an Administrative Law Judge appointed by the Office of Administrative Hearings as required by Education Codes 44955 and 44949. The purpose of this hearing was to determine the validity of the process that was used to establish the number of Full Time Equivalent (FTE) positions to be eliminated and the names of the specific employees to receive final lay off notices. Both the District and the Mt. Diablo Education Association were present at this hearing.

Based on that process, it was affirmed that 199.36 FTE from the Mt. Diablo Education Association would be eliminated and specific individuals to receive final lay off notices were identified.

It was also determined that 3.0 FTE would be eliminated from certificated management and appropriate individual will receive final lay off notices.
Funding N/A
Fiscal Impact N/A
Recommendation Approve the decision of the Administrative Law Judge to eliminate 199.36 FTE from MDEA membership and 3.0 FTE from DMA membership and authorize the Superintendent/Designee to give appropriate notice on or before May 14, 2010 to the individuals named in or affected by the decision.
Approvals:  
Recommended By:
Signed By:
Denise Larkins - Administrative Assistant
Signed By:
Gail Isserman - Assistant Superintendent
Signed By:
Steven Lawrence - Superintendent
Vote Results:  

Original Motion
Member (Gary Eberhart) Moved, Member (Linda Mayo) seconded to approve the Original motion 'Approve the decision of the Administrative Law Judge to eliminate 199.36 FTE from MDEA membership and 3.0 FTE from DMA membership and authorize the Superintendent/Designee to give appropriate notice on or before May 14, 2010 to the individuals named in or affected by the decision.'. Upon a Roll-Call Vote being taken, the vote was: Aye: 5 Nay: 0.
The motion CARRIED 5 - 0
   
Gary Eberhart     Yes
Linda Mayo     Yes
Paul Strange     Yes
Richard Allen     Yes
Sherry Whitmarsh     Yes