Common use of Late Openings Clause in Contracts

Late Openings. 1. Subject to the rights, obligations, and exemptions, as set out in Education Code Sections 44956 and 44957 related to reappointment of permanent and probationary employees who have been placed on a reemployment list as a result of a reduction in force, late openings which occur and are to be filled during the same year will be filled by an individual from the reemployment list first. This will be done without complying with the posting and application procedures described in this article. If no qualified employee from the rehire list is available, the District may fill the position with an employee who has been declared “surplus” from his or her work location by virtue of an unanticipated drop in enrollment, program change, or the like. 2. If the District does not designate a "surplus" employee to fill such a position, it shall fill the position in either of the following ways: a. On a regular basis by complying with the normal posting and application procedures; or b. On an interim basis for the balance of the semester or year with a current or new employee without regard to the posting, application or transfer procedures. If the position filled on an interim basis will exist in the subsequent school year, it must be posted as an opening for the subsequent school year and filled in compliance with the posting and application procedures of this Article. In addition, if the employee is involuntarily transferred to an opening on an interim basis, that employee shall, at the end of the interim appointment, be permitted to return to the employee’s former position, if that position still exists and if that employee would not otherwise have been transferred. The District shall notify the Association in writing whenever a late opening is filled on an interim basis.

Late Openings. 1. Subject to the rights, obligations, and exemptions, as set out in Education Education 1. Code Sections 44956 and 44957 related to reappointment of permanent and probationary employees who have been placed on a reemployment list as a result of a reduction in force, late openings which occur and are to be filled during the same year will be filled by an individual from the reemployment list first. This will be done without complying with the posting and application procedures described in this article. If no qualified employee from the rehire list is available, the District may fill the position with an employee who has been declared “surplus” from his or her work location by virtue of an unanticipated drop in enrollment, program change, or the like. 2. If the District does not designate a "surplus" employee to fill such a position, it shall fill the position in either of the following ways: : a. On a regular basis by complying with the normal posting and application procedures; or or b. On an interim basis for the balance of the semester or year with a current or new employee without regard to the posting, application or transfer procedures. If the position filled on an interim basis will exist in the subsequent school year, it must be posted as an opening for the subsequent school year and filled in compliance with the posting and application procedures of this Article. In addition, if the employee is involuntarily transferred to an opening on an interim basis, that employee shall, at the end of the interim appointment, be permitted to return to the employee’s former position, if that position still exists and if that employee would not otherwise have been transferred. The District shall notify the Association in writing whenever a late opening is filled on an interim basis.