No. 14

  Date:   August 28, 2000
  To:   Management Team Members
  Subject:   EMPLOYMENT OF CLASSIFIED SUBSTITUTE AND SHORT-TERM (HOURLY) EMPLOYEES
  Department  and/or  Persons  Concerned:   All Principals, Vice Principals, Child Development Center Administrators, Division and Department Heads, Supervisors, and Confidentials
  Due Date:   None
  Action  Requested:   Immediately
 

Brief Explanation:

  All new and continuing assignments for classified substitute and short-term employees, including professional and instructional experts, are being closely examined. It is important that all managers and supervisors comply with the law and understand and follow the proper procedures for employing classified substitute and short-term employees (referred to in our district as hourly employees).

Education Code Section 45103 governs the use of classified substitute and short-term employees. There are only three situations in which an hourly employee can be used:

  1. To replace a classified employee who is temporarily absent from duty.
     
  2. To fill a vacant classified position for which the recruitment process is under way.
     
  3. To perform a short-term service (typically less than 6 weeks) for the district upon the completion of which the service or similar services will not be extended or needed on a continuing basis.

It is a clear violation of the law to employ hourly employees day after day when they are not employed for one of the three reasons listed above.

The following are important rules that must be followed in order to remain in compliance with the Education Code and the collective negotiations contracts:

  1. When a classified position has been eliminated or reduced in hours or work year, the employment of all substitute and short-term employees performing the same or similar functions in the same department or school must also be discontinued.
     
  2. If it is necessary to hire an hourly employee to perform a short-term service or to substitute for an absent classified employee, qualified laid-off employees have first right of refusal to perform such work.
     
  3. When a monthly, classified position is eliminated or reduced, it is unlawful to use a substitute, short-term employee, or volunteer to perform the work of that position on an ongoing basis. If you have a need for a function to be performed on a regular basis, then you should request funding to establish or restore a monthly full-time or part-time position.

These rules pertain to hourly employees employed by the district as well as temporary staff employed by temporary agencies.

Documentation will be required for all requests for substitute or short-term employees. This includes requests for continuing hourly employees as well as for hourly employees who began with the district on or after July 1, 2000. An assignment authorization (AA) must be submitted, showing the beginning and ending date of the assignment. AAs must also provide an explanation of the short-term nature of the assignment and must refer to one of the three legally acceptable categories to justify the appropriateness of the assignment. This explanation can be written in the Reason or Remarks box on the AA or it may be attached. AAs submitted without this required information or for assignments which do not meet the definition of "short-term" will be returned to the originator.

All requests for temporary employees through the Substitute Assignment Management System (SAMS) must be submitted in writing to Krista Conn via e-mail to kconn@mail.sandi.net and must contain the same information required above for classified hourly staff employed by the district.

Questions regarding the employment of short-term or substitute classified employees should be referred to Patricia Hill at (619) 725-8069.
 

   
Deberie L. Gomez
Deputy Administrative Officer


APPROVED:

Henry E. Hurley
Chief Administrative Officer