REDUCTION IN FORCE INFORMATION

RIF Procedures and Timelines

When must RIF notices be given?

� No later than March 15

How do the notices need to be given to the employee?

� They can be hand delivered or mailed to the employee

After receiving the notice what should the employee do?

� Complete the CTA Hearing Request form. This needs to be received in the TVEA office as soon as possible and no later than Friday March 7th.

How is it determined who gets a RIF notice?

� By seniority. A permanent employee cannot receive a RIF notice if a probationary, or employee with less seniority is retained to provide a service that they are certified to teach. (this is Ed. Code)

What if many employees have the same seniority date?

� There will be established tie breaking criteria. The criteria will be published at least 5 days before the hearing.

What if I don�t get a RIF notice?

� If you do not get a notice and a right to a hearing then you are deemed to be employed.

By requesting a hearing does it guarantee an employee will get his/her job back?

� No, but it does give them right to have a defense and makes the District defend the RIF.

What if the employee does not request the hearing?

� The employee then waives their right to contest the termination (layoff).

Will a CTA or GLS attorney represent all employees who receive a RIF notice?

� Legal representation will only be provided to TVEA/CTA members. Membership must be established before the RIF notice is given. Agency Fee/Religious Objectors will NOT receive representation. If you are not a TVEA member and would like to become one, please fill out the Enrollment form and fax it to the TVEA office immediately. 951-699-4771

After I request a hearing what happens next?

� The District must then serve the employee with an accusation. When this happens the employee has 5 days to file a Notice of Defense.

Where do I get this form?

� Click on this Notice of Defense form to download it. Please deliver to the TVEA office by Friday, March 7th.

What other forms will I need to complete?

� The RIF data form. It is important that the form be completed as soon as possible and all information is accurate as this information will be necessary for the attorney to use in the hearing. It is very important to bring this form to Temecula Middle School on March 18th at 4pm.

The Consent to Legal Representation and Consent to CTA Representation Forms should also be signed and faxed to CTA 951-461-2797.
All forms should be received by CTA prior to the Hearing.

What other meetings will I need to attend?

On March 18th Jon Vanderpool and the CTA Staff will meet with all teachers who received a RIF notice. This meeting will be at Temecula Middle School at 4pm.

What else do I need to do?

� Prior to the hearing request a sub and attend the hearing. Your administration will tell you that it is not necessary, but if the District is going to serve you with a RIF notice it is your right to attend this hearing. If you have any

Where is the hearing held?

� The hearing will be held at the District Office, in conference rooms A, B, C & D.

What will happen at the hearing? Is it like a court room trial?

� The hearing will be held before an administrative law judge (ALJ). Witnesses will be called; usually this is administration to defend why they must RIF employees. Sometimes employees may be called to testify and present documentation as to why they should be retained. The attorneys will question the witnesses. After the hearing the ALJ will prepare a proposed decision which is a recommendation to go to the School Board. This decision will have the findings of facts, and determine if the District has proven the grounds to RIF employees.

When will the hearing be held?

� The hearing is April 15th and 16th.

What do I need to do to prepare for the hearing?

Discovery Documents and Witnesses: Among the materials you received from the district over Spring Break was a Request for "Discovery" from the District. Essentially, the District's lawyers are asking us/each of you to identify any/all documents that support our/your defenses to the RIF . Please give some thought to whether there are documents, whether in your possession or elsewhere, that support the defenses you/we are raising to the RIF either as to your individual position or the group. If so, please identify those materials in a response to us. Also, if there are specific District personnel -- Administrators, Dept Chairs or Program Directors -- that you feel have testimony to advance our defenses, such as how the elimination of personnel or positions renders the District non-compliant with mandated service requirements, please identify them in a response so that our Attorney can timely demand those persons' appearance at the hearing.

Does the Board have to follow the ALJ�s decision?

� No, the School Board makes the final determination to adopt, modify or reject the decision of the ALJ. They must make a decision and send out a final notice by May 15. However, the Board�s decision is subject to judicial review.

Do I have any rights if the decision is to RIF me?

� The District may find they need to start calling employees back to work. They must do this in order of seniority. Reappointment is to a position you would have had if a RIF did not occur. They have up to 39 months to reappoint permanent employees. For probationary employees this is 24 months.

� The District must also offer substitute teaching service in order of seniority.