BILL NUMBER: SB 235 CHAPTERED BILL TEXT CHAPTER 799 FILED WITH SECRETARY OF STATE OCTOBER 13, 2001 APPROVED BY GOVERNOR OCTOBER 12, 2001 PASSED THE SENATE SEPTEMBER 6, 2001 PASSED THE ASSEMBLY SEPTEMBER 4, 2001 AMENDED IN ASSEMBLY AUGUST 20, 2001 AMENDED IN ASSEMBLY JULY 10, 2001 AMENDED IN SENATE MAY 30, 2001 AMENDED IN SENATE MAY 2, 2001 INTRODUCED BY Senator Vasconcellos FEBRUARY 14, 2001 An act to add Section 70901.2 to the Education Code, relating to community colleges. LEGISLATIVE COUNSEL'S DIGEST SB 235, Vasconcellos. Community colleges: classified staff representatives. (1) Existing law establishes the California Community Colleges under the administration of the Board of Governors of the California Community Colleges. Existing law authorizes the establishment of community college districts under the administration of community college governing boards, and authorizes these districts to provide instruction at community college campuses throughout the state. Existing law also establishes a procedure for the selection of an exclusive representative of employees of a community college district to meet and negotiate with an employer on matters within the scope of representation. This bill would require that, notwithstanding any other provision of law, when a classified staff representative is to serve on a college or district task force, committee, or other governance group, the exclusive representative of the classified employees of that college or district appoint the representative for the respective bargaining unit members. The bill would authorize a local governing board to consult with other organizations of classified employees on shared governance issues, as specified. The bill would require the governing board of the community college district to determine a process for the selection of a classified staff representative in a situation where no exclusive representative exists. The imposition of this requirement on the governing boards of community college districts would impose a state-mandated local program. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 70901.2 is added to the Education Code, to read: 70901.2. (a) Notwithstanding any other provision of law, when a classified staff representative is to serve on a college or district task force, committee, or other governance group, the exclusive representative of classified employees of that college or district shall appoint the representative for the respective bargaining unit members. The exclusive representative of the classified employees and the local governing board may mutually agree to an alternative appointment process through a memorandum of understanding. A local governing board may consult with other organizations of classified employees on shared governance issues that are outside the scope of bargaining. These organizations shall not receive release time, rights, or representation on shared governance task forces, committees, or other governance groups exceeding that offered to the exclusive representative of classified employees. (b) A local governing board shall determine a process for the selection of a classified staff representative to serve on those task forces, committees, or other governance groups in a situation where no exclusive representative exists. SEC. 2. Notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund.