Agenda Item
Meeting Date: 5/6/2013 - 7:30 PM
Category: Business/Action Items
Type: Action
Subject: 12.5 Request to approve the proposed decision of the Administrative Law Judge and implement the certificated layoff.
LCAP (Local Control Accountability Plan) Goal:
Policy:
Enclosure:
File Attachment:
ALJ Decision 2013.pdf
Summary: As part of the certificated layoff process, a formal hearing was held on April 10, 2013. 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 87.22203 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 5.60 FTE would be eliminated from certificated management and 2.10 FTE from School Psychologists would be eliminated and appropriate individuals would receive final lay off notices.

It was also determined that four BCLAD teachers would have their lay off notice rescinded.
Funding: N/A
Fiscal Impact N/A
Recommendation: Approve the decision of the Administrative Law Judge to eliminate 87.22203 FTE from MDEA membership, 2.10 FTE from School Psychologists, and 5.60 FTE from DMA membership and authorize the Superintendent/Designee to give appropriate notice on or before May 14, 2013 to the individuals named in or affected by the decision.
Approvals:
Recommended By:
Signed By:
Denise Larkins - Administrative Assistant
Signed By:
Julie Braun-Martin - Assistant Superintendent Elementary
Signed By:
Rose Lock - Assistant Superintendent of Middle
Vote Results:

New Motion
Member Linda Mayo Moved, Member Barbara Oaks seconded to approve the New motion 'Approve the decision of the Administrative Law Judge as presented for the three bargaining units. '. Upon a Roll-Call Vote being taken, the vote was: Aye: 5 Nay: 0.
The motion Carried 5 - 0
   
Linda Mayo     Yes
Lynne Dennler     Yes
Cheryl Hansen     Yes
Brian Lawrence     Yes
Barbara Oaks     Yes