BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 1010 (Medina) - Community colleges: part-time, temporary
employees.
-----------------------------------------------------------------
| |
| |
| |
-----------------------------------------------------------------
|--------------------------------+--------------------------------|
| | |
|Version: April 27, 2015 |Policy Vote: ED. 6 - 2 |
| | |
|--------------------------------+--------------------------------|
| | |
|Urgency: No |Mandate: Yes |
| | |
|--------------------------------+--------------------------------|
| | |
|Hearing Date: July 6, 2015 |Consultant: Jillian Kissee |
| | |
-----------------------------------------------------------------
This bill meets the criteria for referral to the Suspense File.
Bill
Summary: This bill requires community college districts
(districts) to have collective bargaining agreements with
part-time faculty that include specified conditions of
employment.
Fiscal
Impact:
Mandate Costs: For 41 districts to establish seniority lists,
statewide costs could be range from $205,000 to 410,000.
Additional costs could be incurred, depending on the frequency
of occurrence, for districts to write remediation plans for
part-time faculty on a seniority list, receiving a less-than
satisfactory evaluation. (Proposition 98)
Cost Pressures: When reductions need to be made, in cases
including budget constraints, to first reduce less senior, who
tend to be paid lower, part-time faculty as opposed to a
higher paid, more senior faculty member.
AB 1010 (Medina) Page 1 of
?
Background: Existing law defines a part-time, temporary employee to be any
person who is employed to teach for not more than 67 percent of
the hours per week considered to be a full-time assignment.
(ECS 87482.5 and 87882)
The Board of Governors (BOG) of the California Community
Colleges (CCC) has had a longstanding policy that at least 75
percent of the hours of credit instruction in the community
colleges, as a system, should be taught by full-time
instructors. Existing law requires the BOG to adopt regulations
regarding the percent of credit instruction taught by full-time
faculty and authorizes districts with less than 75 percent
full-time instructors to apply a portion of their "program
improvement" funds toward reaching a 75 percent goal. However,
the state has stopped providing program improvement funds and
the BOG has since required districts to provide a portion of
their growth funds to hiring more full-time faculty.
Proposed Law:
This bill requires, starting January 1, 2016, districts that
do not have a collective bargaining agreement in effect with
part-time faculty, to commence negotiations with the exclusive
representatives for part-time faculty regarding specified terms
and conditions.
Districts must enter into a collective bargaining agreement that
complies with terms and conditions in the following areas:
Evaluation: Each part-time faculty member is required
to be evaluated at least once every six semesters or nine
quarters of service, as specified (consistent with current
law).
Seniority List: Each part-time faculty member that has
completed six semesters (or nine quarters) of service that
has not received a less-than-satisfactory evaluation is to
be placed on a seniority list. Seniority lists are
required to be by campus unless otherwise locally
negotiated between the district and the exclusive
representative for part-time faculty.
AB 1010 (Medina) Page 2 of
?
Prioritization of workload: As new assignments become
available, they are to be first offered in seniority order
to those that have qualified and successfully completed the
same assignment. As assignments need to be reduced
part-time faculty that have not qualified for the seniority
list are to be reduced, and thereafter in reverse seniority
order.
Less-than-satisfactory evaluations: In cases where a
part-time faculty is on the seniority list but subsequently
receives a negative evaluation, the faculty member is
required to be provided a written plan of remediation and
must be evaluated the following semester. If the part-time
faculty member receives another negative evaluation for the
following semester, the faculty member must lose all
seniority rights and may be dismissed at the discretion of
the district.
Related
Legislation: AB 1807 (Fong, 2010) proposed to require
districts, through collective bargaining, to establish and
implement reemployment preference lists for part-time faculty.
This measure was held in the Assembly Appropriations Committee.
Staff Comments: This bill
requires districts to have collective bargaining agreements with
part-time faculty that include specified conditions of
employment relating to evaluations, seniority lists, and
prioritizing certain faculty for new assignments or for reducing
assignments.
The requirement for each campus to have a seniority list is new
and would likely be determined by the Commission on State
Mandates to be a higher level of service and therefore
reimbursable by the state. It is estimated that about 41
districts currently do not have seniority lists. Costs for the
41 districts to establish seniority lists would be $5,000 to
$10,000 per district, driving statewide mandate costs of between
$205,000 and $410,000.
AB 1010 (Medina) Page 3 of
?
Additional mandated activities could include writing a plan of
remediation for any part-time faculty that receives a
less-than-satisfactory evaluation while on the seniority list.
The level of costs incurred would depend on the number of
less-than-satisfactory evaluations received by faculty on
seniority lists.
Additional cost pressures may be incurred by districts as this
bill removes discretion for districts without seniority lists to
respond to the supply and demand of assignments without being
required to maintain higher-paid, more senior, part-time faculty
members, or reduce lower-paid, less senior faculty members.
-- END --