BILL NUMBER: AB 1807 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Members Fong and Nava
(Principal coauthor: Assembly Member Ma)
FEBRUARY 10, 2010
An act to amend Section 87482.5 of the Education Code, relating to
community colleges.
LEGISLATIVE COUNSEL'S DIGEST
AB 1807, as introduced, Fong. California Community Colleges:
temporary employees.
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 requires that a person employed to teach adult or
community college classes for not more than 67% of the hours per week
considered a full-time assignment for regular employees having
comparable duties, excluding substitute service, be classified as a
temporary employee.
This bill would require a community college district to place the
name of a temporary employee employed under those provisions, who
meets specified requirements, on a reemployment preference list. The
bill would provide a temporary employee on that list with specified
rights of first refusal to a teaching assignment in his or her
faculty service area, as defined.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 87482.5 of the Education Code is amended to
read:
87482.5. (a) Notwithstanding any other law, a person who is
employed to teach adult or community college classes for not more
than 67 percent of the hours per week considered a full-time
assignment for regular employees having comparable duties shall be
classified as a temporary employee, and shall not become a contract
employee under Section 87604. If the provisions of this
section are in conflict with the terms of a collective bargaining
agreement in effect on or before January 1, 2009, the provisions of
this section shall govern the employees subject to that agreement
upon the expiration of the agreement.
(b) Service as a substitute on a day-to-day basis by persons
employed under this section shall not be used for purposes of
calculating eligibility for contract or regular status.
(c) (1) Service in professional ancillary activities by persons
employed under this section, including, but not necessarily limited
to, governance, staff development, grant writing, and advising
student organizations, shall not be used for purposes of calculating
eligibility for contract or regular status unless otherwise provided
for in a collective bargaining agreement applicable to a person
employed under this section.
(2) This subdivision may shall not
be construed to affect the requirements of subdivision (d) of Section
84362.
(d) (1) A district shall place on a reemployment preference list
for each faculty service area, as defined by Section 87743.1, the
name of each temporary employee subject to this section who meets all
of the following criteria:
(A) Completion of six semesters or nine quarters of employment at
a community college within the period of the six most recent academic
years of employment at the community college. Subject to the terms
of a local collective bargaining agreement, this minimum term may be
a lesser number of semesters or quarters.
(B) Has no break in service exceeding 24 consecutive months within
the period of the six most recent academic years of employment at
the community college. Subject to the terms of a local collective
bargaining agreement, the maximum break in service may be a greater
number of consecutive months.
(C) Has at least one assignment per term of employment within a
faculty service area, at a minimum of 20 percent of a full-time load
or the equivalent thereof.
(D) The employee's most recent evaluation of performance was
satisfactory, or the employee is in good standing under the terms of
the applicable local collective bargaining agreement.
(2) For purposes of placing employee names on the reemployment
preference list, the list shall be prioritized based on the earliest
date of hire. Subject to the terms of a local collective bargaining
agreement, this priority may, instead, be based on the number of
semesters employed at a community college district or other
professional employment rankings. For purposes of ranking employees
pursuant to this paragraph, the community college district shall
utilize existing personnel documentation and practices.
(3) The district shall provide a temporary employee whose name
appears on the list described in paragraph (1) with the right of
first refusal to teach an assignment in the faculty service area, for
any semester or quarter, that is equal to either the total number of
hours or units assigned to the employee for the prior semester or
quarter of employment or the number of hours or units set forth under
the terms of the applicable local collective bargaining agreement.
The employee shall have the right of first refusal to teach that
assignment before any person who is ranked lower on the reemployment
preference list or whose name does not appear on that list, for as
long as there is a need for the assignment for which the employee is
qualified and as long as the employee's name remains on the list
pursuant to this subdivision.
(4) If a reduction in course offerings, funding, or enrollment
results in the suspension of employment of a temporary employee
subject to this section, the employee's name shall remain on the list
described in paragraph (1), and the employee shall continue to have
the right of first refusal described in paragraph (3), for a period
not exceeding two years after the last date on which the employee
would have been eligible to be placed on the list. Subject to the
terms of a local collective bargaining agreement, that period may be
a greater number of years, semesters, or quarters.
(5) A determination as to the effect of an assessment of
performance or good standing, course scheduling and assignment
priority, a break in service, program needs and reductions, removal
from the reemployment preference list and procedures for that
removal, consideration for an increase in assignment, or any other
matters affecting the reemployment preference under this subdivision,
is subject to local collective bargaining agreements.
(6) Employment rights established by this subdivision shall not be
construed as a reasonable assurance of reemployment for purposes of
unemployment compensation eligibility between academic terms.
(7) Compliance with this subdivision may be addressed through
local collective bargaining units, the Public Employment Relations
Board, or any other appropriate governmental agency.
(e) (1) It is the intent of the Legislature that subdivision (d)
should supplement, and not supplant, reemployment preference rights
negotiated pursuant to local collective bargaining agreements in
effect, or any other reemployment preference rights established at
the local level, on or before January 1, 2011.
(2) If the provisions of this section are in conflict with the
terms of a collective bargaining agreement in effect on or before
January 1, 2011, the provisions of this section shall govern the
employees subject to that agreement upon the expiration of the
agreement.