OAKLAND UNIFIED SCHOOL DISTRICT
Office of the Superintendent of Schools
December 13, 2017
Legislative File
File ID Number:
Introduction Date:
Enactment Number:
Enactment Date:
By:

17-2564
12/13/2017

TO:

Board of Education

FROM:

Kyla Johnson-Trammell, Superintendent
Tara Gard, Deputy Chief Talent Officer, Talent Division

SUBJECT:

Classified Employees – Mid-year Reduction in Workforce for Fiscal Year 2017-2018

ACTION:
Approval by the Board of Education of Resolution No. 1718-0101 – Additional Layoffs/Additions/Net of Classified
Positions for Fiscal Year 2017-2018 - which provides for the authorization of a mid-year reduction in workforce
resulting in layoff of certain classified positions based on lack of funds and/or lack of work.

BACKGROUND: On November 8, 2017, the Board of Education (“Board”) adopted Board Resolution No.
1718-0101 confirming the District’s Commitment to Fiscal Solvency. Based on this resolution and in accordance
with the conditions of approval for the District's 2017-18 Adopted Budget as required by the Superintendent of
the Alameda County Office of Education (“ACOE”), the Board of Education directed staff to make significant midyear adjustments to the 2017-18 budget. These adjustments are needed to primarily restore the reserve for
economic uncertainty to the state mandated minimum and to meet the ACOE’s conditions for approval of the
District’s 2017-18 Adopted Budget.
The Education Code requires Board action in order to implement a reduction or elimination of classified positions
on the basis of lack of funds or lack of work. Based on reductions in sites/departments budgets and modification
of work to align to the budget reduced due to a lack of funds, sites and departments have indicated a need to
reduce certain authorized, classified positions.
DISCUSSION: For Fiscal Year 2018-2019, the District may continue to face the challenge of keeping
expenditures in line with uncertain revenues while ensuring that staffing expenditures are aligned with the
District’s Strategic Plan and identified priorities. Based on the financial uncertainty and need for mid-year budget
reductions for Fiscal Year 2017-18, it is necessary to reduce and/or eliminate certain classified positions due to
lack of funds and/or lack of work. This resolution contains the decreases for authorized classified positions
affected for the 2017-2018 fiscal year.
Although employees affected by the reduction or elimination of positions will receive layoff notices, some may
retain District employment by being reassigned pursuant to collective bargaining agreements and as permitted by
the Education Code. District staff will meet with representatives of the appropriate collective bargaining units to
discuss the impact of the layoffs and to identify and create a plan of action to utilize available resources for the
affected employees. The total effect of the resolution is to decrease the overall number of authorized classified
positions by full time equivalent 45.52 (“FTE”).
FISCAL IMPACT:
For the 2017-2018 fiscal year, there will be savings of salary and benefits for positions no longer funded.
RECOMMENDATION:
Approval by the Board of Education of Resolution No. 1718-0101 – Additional Layoffs/Additions/Net of Classified
Positions for Fiscal Year 2017-2018 - which provides for the authorization of a mid-year reduction in workforce
resulting in layoff of certain classified positions based on lack of funds and/or lack of work.

 RESOLUTION
OF THE
BOARD OF EDUCATION
OF THE
OAKLAND UNIFIED SCHOOL DISTRICT
Resolution No. 1718-0101
Additional Layoffs/Additions/Net of Classified Positions for Fiscal Year 2017-2018
WHEREAS, the District, impacted by the anticipated loss of revenue from the federal government and facing
increased costs, must reduce its expenses in Fiscal Year 2017-2018 and ensure that expenditures are aligned with
the District’s Strategic Plan and budget priorities; and
WHEREAS, the primary mission of the District is to educate its early childhood, K-12 pupils with the annual
resources, revenues at its disposal; and
WHEREAS, for Fiscal Year 2017-2018, based on an anticipated lack of funds and shifts in work to increase
efficiencies, it is necessary for the District to streamline, reorganize, reduce and/or eliminate positions, in whole or
in part; and
WHEREAS, Education Code Sections 45101, 45114, 45117, 45298 and 45308 require action by the Board of
Education if services for classified staff are in good faith to be reduced or eliminated in order to permit the layoff
of classified employees due to lack of funds and/or program need, and
NOW, THEREFORE, BE IT RESOLVED that the Board of Education hereby determines that the following
particular kinds of classified services or positions, labeled in the column “Eliminate” in Exhibit “A,” attached and
incorporated herein by reference as though fully set forth, shall be and hereby are eliminated due to lack of funds
and/or lack of work effective 11:59 p.m., March 15, 2018; and
BE IT FURTHER RESOLVED that the Board of Education authorizes the Superintendent of Schools or her designee
to: (1) send appropriate notices to all classified employees whose positions are lost, reduced, or otherwise impacted
by the foregoing elimination of positions; and (2) to take all proper steps pursuant to Education Code Sections
45117 and 45308 to reduce and/or eliminate said positions; and
BE IT FURTHER RESOLVED, in approving the foregoing Resolve clauses of this Resolution, the Board of Education
intends that the position results labeled in the column “Net” in Exhibit “A” attached and incorporated herein by
reference as though fully set forth, be achieved.
Passed by the following vote:
AYES:
NAYS:
ABSTAINED:
ABSENT:
I hereby certify that the foregoing is a full, true and correct copy of a Resolution passed at a Regular Meeting of
the Board of Education of the Oakland Unified School District held December 13, 2017.
Legislative File
File ID Number:
Introduction Date:
Enactment Number:
Enactment Date:
By:

OAKLAND UNIFIED SCHOOL DISTRICT
17-2564
12/13/2017

___________________________________________
James Harris
President, Board of Education
___________________________________________
Kyla Johnson-Trammell
Superintendent and Secretary, Board of Education

 EXHIBIT A
CENTRAL OFFICE POSITION CHANGES

Confidential Employees
Position
Director, Project Management & Reporting
Executive Director, Athletics & Activities
Executive Director, Research Assessment & Data
Executive Assistant, Superintendent
Executive Office Assistant
HR Clerk Confidential
Manager, Human Capital Analytics
Office Manager II Confidential
Strategic Fellow Junior
Specialist Human Capital Reporting

Month

Add
0.00
0.00
0.60
0.00
0.00
0.00
0.80
0.00
0.00
0.80
2.20

Eliminate
(1.00)
(1.00)
(1.00)
(1.00)
(2.00)
(1.00)
(1.00)
(1.00)
(1.00)
(1.00)
(11.00)

Net
(1.00)
(1.00)
(0.40)
(1.00)
(2.00)
(1.00)
(0.20)
(1.00)
(1.00)
(0.20)
(8.80)

California School Employees Association (CSEA)
Position
Month
Add
12
0.00
Total
0.00

Eliminate
(2.00)
(2.00)

Net
(2.00)
(2.00)

Service Employees International Union (SEIU) Local 1021
Position
Month
Add
12
0.00
12
4.00
12
0.00
Total
4.00

Eliminate
(2.00)
(6.00)
(1.00)
(9.00)

Net
(2.00)
(2.00)
(1.00)
(5.00)

Add
1.00
0.00
0.80
0.00
0.80
0.80
0.80
0.00
0.00
0.00
0.00
0.50
0.00
0.00
0.00
0.80
5.50

Eliminate
0.00
(1.00)
(2.00)
(1.00)
(1.00)
(1.00)
(1.00)
(1.00)
(2.00)
(1.00)
(2.00)
(1.00)
(1.00)
(1.00)
(1.00)
(1.00)
(18.00)

Net
1.00
(1.00)
(1.20)
(1.00)
(0.20)
(0.20)
(0.20)
(1.00)
(2.00)
(1.00)
(2.00)
(0.50)
(1.00)
(1.00)
(1.00)
(0.20)
(12.50)

Add
0.00

Eliminate
(1.00)

Net
(1.00)

12
12
12
12
12
12
12
12
12
12
Total

School Police Officer II

Administrative Assistant I
Data Analyst II
Network Administrator I

United Administrators of Oakland Schools (UAOS)
Position
Month
Commissioner, Oakland Athletic League
12
Business Manager
12
Business Manager, Central Office
12
Coordinator, Classified
12
Coordinator State Local Assessment
12
Director, Analytics
12
Director, State Local Assessments
12
Manager, Custodial Services
12
Manager, Athletics & Activities
12
Manager, Procurement
12
Office Manager
12
Program Manager, Translation Services
12
Program Manager, Library Services
12
Program Manager, Classified
12
Supervisor, Instructional Materials
12
Statistician
12
Total
Employment Contracts
Position
Deputy Chief, Continuous Improvement

Month
12
Page 1 of 2

 Network Superintendent
Deputy Chief, Post-Secondary Readiness

12
12
Total

0.00
0.00
0.00

(1.00)
(1.00)
(3.00)

(1.00)
(1.00)
(3.00)

Eliminate
(3.00)

Net
(3.00)

SCHOOL SITE POSITION CHANGES
Service Employees International Union (SEIU) Local 1021
Position
Month
Add
10
0.00

Academic Mentor
Clerk Typist Senior
School Site Business Manager

12
12

0.00
0.00

(1.00)
(1.00)

(1.00)
(1.00)

Community Relations Assistant I Bilingual
Family Parent Liasion
Library Clerk

10
10
10

0.00
0.00
0.00

(0.50)
(1.00)
(1.00)

(0.50)
(1.00)
(1.00)

Library Clerk, Sr.
Recess Coach

10
10

0.00
0.00

(0.25)
(0.50)

(0.25)
(0.50)

PE Attendant
School Treasurer
Textbook Clerk

10
10
10

0.00
0.00
0.00

(2.00)
(0.50)
(1.00)

(2.00)
(0.50)
(1.00)

10

0.00
0.00

(2.47)
(14.22)

(2.47)
(14.22)

Add
2.20
0.00
0.00
4.00
5.50

Eliminate
(11.00)
(2.00)
(3.00)
(23.22)
(18.00)

Net
(8.80)
(2.00)
(3.00)
(19.22)
(12.50)

11.70
0.00

(43.00)
(14.22)

(31.30)
(14.22)

Noon Supervisor
Total

SUMMARY

Union
Confidential
California School Employees Association (CSEA)
Employment Contracts
Service Employees International Union (SEIU) Local 1021
United Administrators of Oakland Schools (UAOS)
Grand Total
Central Office funded position changes by FTE
School site funded position changes by FTE

Page 2 of 2

 CALIFORNIA EDUCATION CODES – CLASSIFIED LAYOFFS
45101. Definitions as used in this chapter:
(a) "Classification" means that each position in the classified service shall have a designated title, a
regular minimum number of assigned hours per day, days per week, and months per year, a specific
statement of the duties required to be performed by the employees in each such position, and the
regular monthly salary ranges for each such position.
(b) "Permanent" as used in the phrase "permanent employee" includes tenure in the classification in
which the employee passed the required probationary period, and includes all of the incidents
of that classification.
(c) "Regular" as used in the phrase "regular classified employee" or any similar phrase, refers to a
classified employee who has probationary or permanent status.
(d) "Demotion" means assignment to an inferior position or status, without the employee's written
voluntary consent.
(e) "Disciplinary action" includes any action whereby an employee is deprived of any classification or
any incident of any classification in which he has permanence, including dismissal, suspension, demotion,
or any reassignment, without his voluntary consent, except a layoff for lack of work or lack of funds.
(f) "Reclassification" means the upgrading of a position to a higher classification as a result of the
gradual increase of the duties being performed by the incumbent in such position.
(g) "Layoff for lack of funds or layoff for lack of work" includes any reduction in hours of employment
or assignment to a class or grade lower than that in which the employee has permanence, voluntarily
consented to by the employee, in order to avoid interruption of employment by layoff.
(h) "Cause" relating to disciplinary actions against classified employees means those grounds for
discipline, or offenses, enumerated in the law or the written rules of a public school employer. No
disciplinary action may be maintained for any "cause" other than as defined herein.
The provisions of this section shall not apply to school districts to which the provisions of Article 6
(commencing with Section 45240) of this chapter are applicable. The provisions of this section shall not
apply to any school district which, during the 1973-74 school year, had an average daily attendance of
100,000 or more.
45114. Notwithstanding the provisions of Section 45113, the governing board may lay off and reemploy
classified employees only in accordance with procedures provided by Sections 45298 and 45308,
except the term "personnel commission" therein shall be construed to mean the governing board.
"Governing board" as used in this section shall include districts governed by a common board or by
different boards but with a common administration. Employees in common board or common
administration districts shall, for the purpose of layoff for lack of work or funds, be considered as having
been employed in a single district.
45117. (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 the school year shall be given written notice on or
before April 29 informing them of their layoff effective at the end of the 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, the notice shall be given not less than 45 days prior to the
effective date of their layoff.
(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 shall
be given notice of layoff not less than 45 days prior to the effective date of layoff, and informed of their
displacement rights, if any, and reemployment rights.
(c) (1) A classified employee may not be laid off if a short-term employee is retained to render a
service that the classified employee is qualified to render. This subdivision does not create a 45-day
layoff notice requirement for any individual hired as a short-term employee, as defined in Section 45103,
for a period not exceeding 45 days.

California Education Codes – Classified Layoff
Page 1 of 2

 (2) This subdivision does not apply to the retention of a short-term employee, as defined in Section
45103, who is hired for a period not exceeding 45 days after which the short-term service may not be
extended or renewed.
(d) This section does not preclude the governing board of a school district from implementing either of
the following actions without providing the notice required by subdivision (a) or (b):
(1) A layoff for a lack of funds in the event of an actual and existing financial inability to pay the
salaries of classified employees.
(2) A layoff for a lack of work resulting from causes not foreseeable or preventable by the governing
board.
(e) 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 6 (commencing with Section 45240).
45298. Persons laid off because of lack of work or lack of funds are eligible to reemployment for a period
of 39 months and shall be reemployed in preference to new applicants. In addition, such persons laid off
have the right to participate in promotional examinations within the district during the period of 39
months.
Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or to
remain in their present positions rather than be reclassified or reassigned, shall be granted the same
rights as persons laid off and shall retain eligibility to be considered for reemployment for an additional
period of up to 24 months; provided, that the same tests of fitness under which they qualified for
appointment to the class shall still apply. The personnel commission shall make the determination of the
specific period eligibility for reemployment on a class-by-class basis.
Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff shall
be, at the option of the employee, returned to a position in their former class or to positions with
increased assigned time as vacancies become available, and without limitation of time, but if there is a
valid reemployment list they shall be ranked on that list in accordance with their
proper seniority.
45308. Classified employees shall be subject to layoff for lack of work or lack of funds. Whenever a
classified employee is laid off, the order of layoff within the class shall be determined by length of
service. The employee who has been employed the shortest time in the class, plus higher classes, shall
be laid off first.
Reemployment shall be in the reverse order of layoff. For purposes of this section, in school districts with
an average daily attendance below 400,000, for service commencing or continuing after July 1, 1971,
"length of service" means all hours in paid status, whether during the school year, a holiday, recess, or
during any period that a school is in session or closed, but does not include any hours compensated
solely on an overtime basis as provided for in Section 45128. Nothing in this section shall preclude the
governing board of a school district from entering into an agreement with the exclusive representative of
the classified employees that defines "length of service" to mean the hire date. For purposes of
this section, in school districts with an average daily attendance of 400,000 or more, for service
commencing or continuing after January 1, 1986, "length of service" shall be determined by the date of
hire.
If a governing board enters into an agreement with the exclusive representative of classified employees
that defines "length of service" to mean the hire date, the governing board may define "length of service"
to mean the hire date for a classification of employee not represented by any exclusive bargaining unit.
Nothing contained in this section shall preclude the granting of "length of service" credit for time spent
on unpaid illness leave, unpaid maternity leave, unpaid family care leave, or unpaid industrial accident
leave. In addition, for military leave of absence, "length of service" credit shall be granted pursuant to
Section 45297. In the event an employee returns to work following any other unpaid leave of absence,
no further seniority shall be accrued for the time not worked.
"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 of the district except service in restricted
positions as provided in this chapter.
California Education Codes – Classified Layoff
Page 2 of 2