Rehiring of Maintenance Chief Scrutinized : Policy: An arbitrator says the Personnel Commission may hold a hearing on whether to remove Commodor Reid, who pleaded no contest to theft in 1989.

An arbitrator has issued a ruling that could jeopardize the job of the Lynwood Unified School District’s maintenance director, who was rehired three years after pleading no contest to charges of stealing from the school system.

Arbitrator Richard Calister ruled last week that the district’s Personnel Commission, which oversees hiring, could hold a hearing on whether to remove the maintenance director, Commodor Reid.

Commission members have said they wanted to get rid of Reid ever since the school board voted 3-to-2 Jan. 17 to rehire him. Reid had resigned in 1989 after pleading no contest to the theft charges.

Calister rejected the school board’s contention that its members could bring back Reid without approval of the Personnel Commission. Calister wrote that the commission could block the decision after first holding a hearing.

Since returning to the Lynwood job, Reid has become the center of a tug of war between the school board and the Personnel Commission. The commission normally screens applicants for most non-teaching jobs. But the school board reinstated Reid on its own under a rule that allows the board to rehire employees who voluntarily resign.

Commission members immediately contested the action. They said the board can only rehire employees who resigned in good standing. They also insist that Reid did not voluntarily resign. They said that after the theft charges came to light, Reid was given two choices: resign or be fired.

But school board attorney Warren Kinsler said the commission cannot prove that Reid was forced to resign. “This hearing . . . is an intrusion on the discretion of the governing board to reinstate employees,” he said.

Unlike the school board, the three-member commission is not elected. The school board appoints one commissioner. An employees union chooses another. The first two members select the third.

The school board could challenge Calister’s ruling in court. If it does not, the next step is the Personnel Commission hearing, which probably will take place this month.

Calister will preside over the Personnel Commission hearing. Commission members said they decided to bring in Calister in order to give Reid an impartial hearing. Calister is personnel director for the Capistrano Unified School District.

After hearing testimony, Calister will then make a recommendation to the Personnel Commission. The school board could file suit if it disagrees with the commission’s decision.

The school board was not involved in choosing the arbitrator, and school board President Joe Battle said the arbitrator’s decision to grant a hearing was absurd.

“The commission itself has no power when it comes to hiring and firing,” he said. “When they start hiring and firing, then they start making decisions for the district. . . . We might as well pack up and go home.”

Battle and other supporters call Reid a skilled, experienced maintenance expert who would keep district grounds in top shape and save thousands of dollars in the process.

Detractors, including the two dissenting board members, said the board should not rehire an employee caught stealing school property. Reid pleaded no contest in March, 1989, to felony charges of grand theft and receiving stolen property from the district. Investigators said Reid had district employees make repairs--on district time and using district materials--on properties he owned.

Reid, who had no previous criminal record, was fined $200, ordered to pay $2,500 in restitution, and sentenced to three years probation and 400 hours of community service. The charges were reduced to misdemeanor violations after Reid paid restitution.

At last week’s board meeting, Reid would not comment directly about the upcoming hearing. “I have an attorney, and whatever he decides, that’s what steps I’ll take,” Reid said.

Community correspondent John Pope contributed to this story.