California Legislature—2015–16 Regular Session

Assembly BillNo. 1066


Introduced by Assembly Member Gonzalez

February 26, 2015


An act to amend Sections 45103, 45103.1, 45104, 45256, 45286, 88003, 88003.1, 88004, 88076, and 88105 of the Education Code, relating to classified employees.

LEGISLATIVE COUNSEL’S DIGEST

AB 1066, as introduced, Gonzalez. Classified employees: nonemployee contractors: limited-term, short-term, and substitute employees.

(1) Existing law requires school districts and community college districts to employ persons for positions not requiring certification qualifications and to classify, as defined, these persons. These employees are generally known as classified employees. Existing law also authorizes school districts and community college districts to contract for personal services currently or customarily performed by classified employees to achieve cost savings, unless otherwise prohibited, when certain conditions are met.

This bill would recast and revise the statutes relating to the use of nonemployee contractors and limited-term, short-term, and substitute employees in the classified service of school districts and community college districts. Among numerous other changes, the bill would declare that school districts and community college districts have a mandatory duty to classify all of their employees and positions not requiring certification qualifications, including nonemployee contractors.

The bill would revise the definition of “short-term employee” to require that the working days counted to determine whether an employee had short-term status take place in a single school year or college year. The bill would also include a definition of “limited-term employee” that requires that the service provided by the employee to the school district or community college district be calculated within a single school year or college year.

To the extent that this bill would impose new duties on school districts and community college districts, it would constitute 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.

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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 45103 of the Education Code is amended
2to read:

3

45103.  

(a) The governing board of any school district shall
4employ persons for positions not requiring certification
5qualifications. The governing boardbegin insert has a mandatory duty to
6classify, andend insert
shall, except where Article 6 (commencing with
7Section 45240) or Section 45318 applies, classify all of these
8employees and positions. The employees and positions shall be
9known as the classified service.

10(b) (1) Substitutebegin insert employees, employed and paid for less than
1175 percent of a single school year,end insert
and short-term employees,
12employed and paid for less than 75 percent of abegin insert singleend insert school year,
13shall not be a part of the classified service.

14(2) Apprentices and professional experts employed on abegin insert limited,end insert
15 temporary basis for a specificbegin delete project, regardlessend deletebegin insert project that is
16not an ongoing district venture, irrespectiveend insert
of length of
17employment, shall not be a part of the classified service.

18(3) Full-time students employed part time, and part-time students
19employed part time in any college workstudy program, or in a
20work experience education program conducted by a community
P3    1college district pursuant to Article 7 (commencing with Section
251760) of Chapter 5 of Part 28begin insert of Division 4end insert and that is financed
3by state or federal funds, shall not be a part of the classified service.

4(4) Part-time playground positions shall not be a part of the
5classified service, where the employee is not otherwise employed
6in a classified position. Part-time playground positions shall be
7considered a part of the classified service when the employee in
8the position also works in the same school district in a classified
9position.

10(c) Unless otherwise permitted, a person whose position does
11not require certification qualifications shall not be employed by a
12governing board, except as authorized by this section.

13(d) As used in this section:

begin delete

14(1) “Substitute employee” means any person employed to
15replace any classified employee who is temporarily absent from
16duty. In addition, if the district is then engaged in a procedure to
17hire a permanent employee to fill a vacancy in any classified
18position, the governing board may fill the vacancy through the
19employment, for not more than 60 calendar days, of one or more
20substitute employees, except to the extent that a collective
21bargaining agreement then in effect provides for a different period
22of time.

end delete
begin insert

23(1) “Seventy-five percent of a single school year” means 195
24working days of a single school year, including holidays, sick
25leave, vacation, and other leaves of absence, irrespective of number
26of hours worked per day.

end insert

27(2) “Short-term employee” means any person who is employed
28to perform abegin insert discreteend insert service for the district, upon the completion
29of which, the service required or similar services will not be
30extended or needed on a continuingbegin insert or recurringend insert basis. Before
31employing a short-term employee, the governing board, at a
32regularly scheduled board meeting, shall specify the service
33required to be performed by the employee pursuant to the definition
34of “classification” in subdivision (a) of Section 45101, and shall
35certify thebegin delete ending dateend deletebegin insert starting and ending datesend insert of the service.
36The ending date may be shortened or extended by the governing
37board, but shall not extend beyond 75 percent of abegin insert singleend insert school
38yearbegin insert, and the district shall not employ a short-term employee in
39subsequent school years to perform the same or similar servicesend insert
.

begin delete

P4    1(3) “Seventy-five percent of a school year” means 195 working
2days, including holidays, sick leave, vacation and other leaves of
3absence, irrespective of number of hours worked per day.

end delete
begin insert

4(3) “Substitute employee” means any person employed to
5replace any classified employee who is temporarily absent from
6duty. In addition, if the district is then engaged in a procedure to
7hire a permanent employee to fill a vacancy in any classified
8position, the governing board may fill the vacancy through the
9employment, for not more than 60 calendar days, of one or more
10substitute employees, except to the extent that a collective
11bargaining agreement then in effect provides for a different period
12of time.

end insert

13(e) Employment of either full-time or part-time students in any
14college workstudy program, or in a work experience education
15program shall not result in the displacement of classified personnel
16or impair existing contracts for services.

17(f) This section shall apply only to districts not incorporating
18the merit system as outlined in Article 6 (commencing with Section
1945240).

20

SEC. 2.  

Section 45103.1 of the Education Code is amended to
21read:

22

45103.1.  

(a) Notwithstanding any other provision of this
23chapter, personal services contractingbegin insert with nonemployee
24contractorsend insert
for all services currently or customarily performed by
25classified school employees to achieve cost savings is permissible,
26unless otherwise prohibited, when all the following conditions are
27met:

28(1) The governing board or contracting agency clearly
29demonstrates that the proposed contract will result in actual overall
30cost savings to the school district, provided that:

31(A) In comparing costs, there shall be included the school
32district’s additional cost of providing the same service as proposed
33by a contractor. These additional costs shall include the salaries
34and benefits of additional staff that would be needed and the cost
35of additional space, equipment, and materials needed to perform
36the function.

37(B) In comparing costs, there shall not be included the school
38district’s indirect overhead costs unless these costs can be attributed
39solely to the function in question and would not exist if that
40function was not performed by the school district. Indirect overhead
P5    1costs shall mean the pro rata share of existing administrative
2salaries and benefits, rent, equipment costs, utilities, and materials.

3(C) In comparing costs, there shall be included in the cost of a
4contractor providing a service any continuing school district costs
5that would be directly associated with the contracted function.
6These continuing school district costs shall include, but not be
7limited to, those for inspection, supervision, and monitoring.

8(2) Proposals to contract out work shall not be approved solely
9on the basis that savings will result from lower contractor pay rates
10or benefits. Proposals to contract out work shall be eligible for
11approval if the contractor’s wages are at the industry’s level and
12do not undercut school district pay rates.

13(3) The contract does not cause the displacement of school
14district employees. The term “displacement” includes layoff,
15demotion, involuntary transfer to a new classification, involuntary
16transfer to a new location requiring a change of residence, and
17time base reductions. Displacement does not include changes in
18shifts or days off, nor does it include reassignment to other
19positions within the same classification and general location or
20employment with the contractor, so long as wages and benefits
21are comparable to those paid by the school district.

22(4) The savings shall be large enough to ensure that they will
23not be eliminated by private sector and district cost fluctuations
24that could normally be expected during the contracting period.

25(5) The amount of savings clearly justify the size and duration
26of the contracting agreement.

27(6) The contract is awarded through a publicized, competitive
28bidding process.

29(7) The contract includes specific provisions pertaining to the
30qualifications of the staff that will perform the work under the
31contract, as well as assurance that the contractor’s hiring practices
32meet applicable nondiscrimination standards.

33(8) The potential for future economic risk to the school district
34from potential contractor rate increases is minimal.

35(9) The contract is with a firm. A “firm” means a corporation,
36limited liability company, partnership, nonprofit organization, or
37sole proprietorship.

38(10) The potential economic advantage of contracting is not
39outweighed by the public’s interest in having a particular function
40performed directly by the school district.

P6    1(b) Notwithstanding any other provision of this chapter, personal
2services contractingbegin insert for nonemployee contractorsend insert shall also be
3permissible when any of the following conditions can be met:

4(1) The contract is for new school district functions and the
5 Legislature has specifically mandated or authorized the
6performance of the work by independent contractors.

7(2) The services contracted are not available within the district,
8cannot be performed satisfactorily by school district employees,
9or are of such a highly specialized or technical nature that the
10necessary expert knowledge, experience, and ability are not
11available through the school district.

12(3) The services are incidental to a contract for the purchase or
13lease of real or personal property. Contracts under this criterion,
14known as “service agreements,” shall include, but not be limited
15to, agreements to service or maintain office equipment or
16computers that are leased or rented.

17(4) The policy, administrative, or legal goals and purposes of
18the district cannot be accomplished through the utilization of
19 persons selected pursuant to the regular or ordinary school district
20hiring process. Contracts are permissible under this criterion to
21protect against a conflict of interest or to ensure independent and
22unbiased findings in cases where there is a clear need for a
23different, outside perspective. These contracts shall include, but
24not be limited to, obtaining expert witnesses in litigation.

25(5) The nature of the work is such that the criteria for emergency
26appointments apply. “Emergency appointment” means an
27appointment made for a period not to exceed 60 working daysbegin insert of
28a single school yearend insert
either during an actual emergency to prevent
29the stoppage of public business or because of the limited duration
30of the work. The method of selection and the qualification
31standards for an emergencybegin delete employeeend deletebegin insert nonemployee contractorend insert
32 shall be determined by the district. The frequency of appointment,
33length ofbegin delete employment,end deletebegin insert contract,end insert and the circumstances appropriate
34for the appointment of firms or individuals under emergency
35appointmentsbegin insert as nonemployee contractorsend insert shall be restricted so
36as to prevent the use of emergency appointments to circumvent
37the regular or ordinary hiring processbegin insert for school district employeesend insert.

38(6) The contractor will provide equipment, materials, facilities,
39or support services that could not feasibly be provided by the
P7    1school district in the location where the services are to be
2performed.

3(7) Thebegin delete services are of such anend deletebegin insert nature of the services, objectively
4determined, is soend insert
urgent, temporary, or occasionalbegin delete natureend delete that the
5delay incumbent inbegin delete theirend deletebegin insert theend insert implementationbegin insert of those servicesend insert under
6the district’s regular or ordinary hiring process would frustrate
7their very purposebegin insert, therefore requiring the use of nonemployee
8contractors. The use of any nonemployee contractor by a school
9district under this section is limited to 60 working days of a single
10school yearend insert
.

11(c) This section shall apply to all school districts, including
12districts that have adopted the merit system.

13(d) This section shall apply tobegin insert nonemployeeend insert personal service
14contracts entered into after January 1, 2003. This section shall not
15apply to the renewal of personal services contracts subsequent to
16January 1, 2003, where the contract was entered into before January
171, 2003, irrespective of whether the contract is renewed or rebid
18with the existing contractor or with a new contractor.

19

SEC. 3.  

Section 45104 of the Education Code is amended to
20read:

21

45104.  

begin deleteEvery end deletebegin insert(a)end insertbegin insertend insertbegin insertA school district has a mandatory duty to
22classify, and shall classify, every end insert
position not defined by this code
23as a position requiring certification qualifications and not
24specifically exempted from the classified servicebegin delete according to the
25provisions ofend delete
begin insert pursuant toend insert Section 45103 or 45256begin delete shall be
26classifiedend delete
begin insert,end insert as required by those sectionsbegin delete andend deletebegin insert. These positionsend insert shall
27be a part of the classified service.begin delete Suchend deletebegin insert Theseend insert positionsbegin delete mayend deletebegin insert shallend insert
28 not be designated asbegin delete certificated nor shallend deletebegin insert certificated,end insert the
29assignment of a title to any such a positionbegin insert shall notend insert remove the
30position from the classified service,begin delete nor shallend deletebegin insert andend insert possession of a
31certification documentbegin insert shall notend insert be made a requirement for
32employment inbegin delete any suchend deletebegin insert theend insert position.

begin insert

33(b) A school district has a mandatory duty to classify, and shall
34classify, each position held by a nonemployee contractor in
35accordance with Section 45103.1.

end insert
begin delete

36 Nothing

end delete

37begin insert(c)end insertbegin insertend insertbegin insertNothingend insert in this section shall be construed to prohibit the
38employment of any individual in a position described by this
39section as part of the classified service who is in possession of
40certification qualifications, nor shall the possession of certification
P8    1qualifications be grounds for the elimination of an individual for
2consideration for employment in such a position.

begin insert

3(d) An employee of a school district, or the exclusive
4representative of such an employee within the meaning of Section
53543.8 of the Government Code, may bring an action to challenge
6the classification of an employee or position by a school district
7under subdivision (a) of Section 45103 subdivision (a) of Section
845286, or this section, or to compel a school district to classify an
9employee or position as required by those provisions.

end insert
begin delete

10This

end delete

11begin insert(e)end insertbegin insertend insertbegin insertThisend insert section shall apply to districts which have adopted the
12merit system in the same manner and with the same effect as
13though it were a part of Article 6 (commencing with Sectionbegin delete 45240)
14of this chapterend delete
begin insert 45240)end insert.

15

SEC. 4.  

Section 45256 of the Education Code is amended to
16read:

17

45256.  

(a) The commissionbegin insert has a mandatory duty to classify,
18andend insert
shall classifybegin insert,end insert all employees and positions within the
19jurisdiction of the governing board or of the commission, except
20those that are exempt from the classified service, as specified in
21subdivision (b). The employees and positions shall be known as
22the classified service. “To classify” shall include, but not
23begin insert necessarilyend insert be limited to, allocating positions to appropriate classes,
24arranging classes into occupational hierarchies, determining
25reasonable relationships within occupational hierarchies, and
26preparing written class specifications.

27(b) All of the following are exempt from the classified service:

28(1) Positions which require certification qualifications.

29(2) Full-time students employed part time.

30(3) Part-time students employed part time in any college
31workstudy program, or in a work experience education program
32conducted by a community college district pursuant to Article 7
33(commencing with Section 51760) of Chapter 5 of Part 28begin insert of
34Division 4end insert
and that is financed by state or federal funds.

35(4) Apprentice positionsbegin insert of a limited, temporary natureend insert.

36(5) Positions established for the employment of professional
37experts on abegin insert limited,end insert temporary basis for a specific projectbegin insert that is
38not an ongoing district ventureend insert
by the governing board or by the
39commission when so designated by the commission.

P9    1(6) Part-time playground positions, where the employee is not
2otherwise employed in a classified position. Part-time playground
3positions shall be considered part of the classified service when
4the employee in the position also works in the same school district
5in a classified position.

6(c) (1) Employment of either full-time or part-time students in
7any college workstudy program, or in a work experience education
8program shall not result in the displacement of classified personnel
9or impair existing contracts for services.

10(2) Nothing in this section shall prevent an employee, who has
11attained regular status in a full-time position, from taking a
12voluntary reduction in time and retaining his or her regular status
13under the provisions of this law.

14(d) No person whose contribution consists solely in the rendition
15of individual personal services and whose employment does not
16come within the scope of the exceptions listed above shall be
17employed outside the classified service.

18(e) A part-time position is one for which the assigned time,
19when computed on an hourly, daily, weekly, or monthly basis, is
20less than 8712 percent of the normally assigned time of the majority
21of employees in the classified service.

22

SEC. 5.  

Section 45286 of the Education Code is amended to
23read:

24

45286.  

begin insert(a)end insertbegin insertend insertWhenever the appointing power shall require the
25appointment of abegin delete personend deletebegin insert limited-term employeeend insert to a position, the
26duration of which is not to exceed sixbegin delete months,end deletebegin insert consecutive months
27in a single school year,end insert
or, in case of an appointmentbegin insert of a substitute
28employeeend insert
in lieu ofbegin delete anend deletebegin insert a temporarilyend insert absent employee,begin insert the duration
29of whichend insert
is not to exceed the authorized absence ofbegin delete saidend deletebegin insert thatend insert
30 employee, the appointing power shallbegin delete submitend deletebegin insert have a ministerial
31duty to appoint the substitute or limited-term employee to the
32position subject to the requirements of this section.end insert

33begin insert(b)end insertbegin insertend insertbegin insertFor substitute employees, the appointing power shall submitend insert
34 a request in which the probable duration of the appointment is
35stated.begin delete Eligiblesend deletebegin insert For limited-term employees, the appointing power
36shall submit a request certifying the starting and ending dates of
37the service for the position. The ending date for a limited-term
38employee may be advanced or delayed by the appointing power,
39but the term shall not extend beyond six consecutive months in a
40single school year, and the school district may not employ a
P10   1limited-term employee in subsequent school years to perform the
2same or similar services.end insert

3begin insert(c)end insertbegin insertend insertbegin insertEligible personsend insert shall be certified in accordance with their
4position on the appropriate employment list and their willingness
5to accept appointment tobegin delete suchend deletebegin insert thatend insert position as limited-termbegin insert or
6substituteend insert
employees. Limited-termbegin insert and substituteend insert employees shall
7be subject to conditions affecting status and tenure during and after
8employment that the commission may by rule determine.
9Notwithstanding these limitations on the duration of these
10 positions, the commission may, based on a declaration of an
11emergency by the President of the United States or the Governor,
12authorize an extension that may not exceed one year. The duties
13of the extended positionbegin delete mustend deletebegin insert shallend insert be related to the emergency.

begin insert

14(d) As used in this section:

end insert
begin insert

15(1) “Limited-term employee” means any person who is employed
16to perform for the school district a discrete service, the duration
17of which is not to exceed six consecutive months in a single school
18year, if upon the completion of the discrete service, no similar
19service shall be needed on a continuing or recurring basis.

end insert
begin insert

20(2) “Substitute employee” means any person employed to
21replace any classified employee who is temporarily absent from
22duty. In addition, if the school district is then engaged in a
23procedure to hire a permanent employee to fill a vacancy in any
24classified position, the school district may fill the vacancy through
25the employment, for not more than 60 calendar days, of one or
26more substitute employees, except to the extent that a collective
27bargaining agreement then in effect provides for a different period
28of time.

end insert
29

SEC. 6.  

Section 88003 of the Education Code is amended to
30read:

31

88003.  

begin deleteThe end deletebegin insert(a)end insertbegin insertend insertbegin insertThe end insertgoverning board of any community college
32district shall employ persons for positions that are not academic
33positions. The governing board, except where Article 3
34(commencing with Section 88060) or Section 88137 applies,begin insert has
35a mandatory duty to classify, andend insert
shall classifybegin insert,end insert all those employees
36and positions. The employees and positions shall be known as the
37classified service. Substitutebegin insert employees, employed and paid for
38less than 75 percent of a single college year,end insert
and short-term
39employees, employed and paid for less than 75 percent of abegin insert singleend insert
40 college year, shall not be a part of the classified service. Part-time
P11   1playground positions,begin delete apprenticesend deletebegin insert apprentices,end insert and professional
2experts employed on abegin insert limited,end insert temporary basis for a specific
3begin delete project, regardlessend deletebegin insert project that is not an ongoing district venture,
4irrespectiveend insert
of length of employment, shall not be a part of the
5classified service. Full-time students employed part time, and
6part-time students employed part time in any college work-study
7program, or in a work experience education program conducted
8by a community college district and which is financed by state or
9federal funds, shall not be a part of the classified service. Unless
10otherwise permitted, a person whose position does not require
11certification qualifications shall not be employed by a governing
12board, except as authorized by this section.

begin delete

13“Substitute employee,” as used in this section, means any person
14employed to replace any classified employee who is temporarily
15absent from duty. In addition, if the district is then engaged in a
16procedure to hire a permanent employee to fill a vacancy in any
17classified position, the governing board may fill the vacancy
18through the employment, for not more than 60 calendar days, of
19one or more substitute employees, except to the extent that a
20collective bargaining agreement then in effect provides for a
21different period of time.

end delete
begin insert

22(b) As used in this section:

end insert
begin insert

23(1) “Seventy-five percent of a single college year” means 195
24working days of a single college year, including holidays, sick
25leave, vacation, and other leaves of absences, irrespective of
26number of hours worked per day.

end insert
begin delete

27“Short-term

end delete

28begin insert(2)end insertbegin insertend insertbegin insert“Short-termend insert employee,” as used in this section, means any
29person who is employed to perform abegin insert discreteend insert service for the
30district, upon the completion of which, the service required or
31similar services will not be extended or needed on a continuingbegin insert or
32recurringend insert
basis. Before employing a short-term employee, the
33governing board, at a regularly scheduled board meeting, shall
34specify the service required to be performed by the employee
35pursuant to the definition of “classification” in subdivision (a) of
36Section 88001, and shall certify thebegin delete ending dateend deletebegin insert starting and ending
37datesend insert
of the service. The ending date may be shortened or extended
38by the governing board, but shall not extend beyond 75 percent of
39abegin insert singleend insert school yearbegin insert, and the district shall not employ a short-term
P12   1employee in subsequent college years to perform the same or
2similar servicesend insert
.

begin delete

3“Seventy-five percent of a college year” means 195 working
4days, including holidays, sick leave, vacation and other leaves of
5absences, irrespective of number of hours worked per day.

end delete
begin insert

6(3) “Substitute employee,” as used in this section, means any
7 person employed to replace any classified employee who is
8temporarily absent from duty. In addition, if the district is then
9engaged in a procedure to hire a permanent employee to fill a
10vacancy in any classified position, the governing board may fill
11the vacancy through the employment, for not more than 60
12calendar days, of one or more substitute employees, except to the
13extent that a collective bargaining agreement then in effect
14provides for a different period of time.

end insert
begin delete

15Employment

end delete

16begin insert(c)end insertbegin insertend insertbegin insertEmploymentend insert of either full-time or part-time students in any
17college work-study program, or in a work experience education
18program shall not result in the displacement of classified personnel
19or impair existing contracts for services.

begin delete

20 This

end delete

21begin insert(d)end insertbegin insertend insertbegin insertThisend insert section shall apply only to districts not incorporating
22the merit system as outlined in Article 3 (commencing with Section
2388060).

24

SEC. 7.  

Section 88003.1 of the Education Code is amended to
25read:

26

88003.1.  

(a) Notwithstanding any other provision of this
27chapter, personal services contractingbegin insert with nonemployee
28contractorsend insert
for all services currently or customarily performed by
29classified school employees to achieve cost savings is permissible,
30unless otherwise prohibited, when all the following conditions are
31met:

32(1) The governing board or contracting agency clearly
33demonstrates that the proposed contract will result in actual overall
34cost savings to the community college district, provided that:

35(A) In comparing costs, there shall be included the community
36college district’s additional cost of providing the same service as
37proposed by a contractor. These additional costs shall include the
38salaries and benefits of additional staff that would be needed and
39the cost of additional space, equipment, and materials needed to
40perform the function.

P13   1(B) In comparing costs, there shall not be included the
2community college district’s indirect overhead costs unless these
3costs can be attributed solely to the function in question and would
4not exist if that function was not performed by the community
5college district. Indirect overhead costs shall mean the pro rata
6share of existing administrative salaries and benefits, rent,
7equipment costs, utilities, and materials.

8(C) In comparing costs, there shall be included in the cost of a
9contractor providing a service any continuing community college
10district costs that would be directly associated with the contracted
11function. These continuing community college district costs shall
12include, but not be limited to, those for inspection, supervision,
13and monitoring.

14(2) Proposals to contract out work shall not be approved solely
15on the basis that savings will result from lower contractor pay rates
16or benefits. Proposals to contract out work shall be eligible for
17approval if the contractor’s wages are at the industry’s level and
18do not undercut community college district pay rates.

19(3) The contract does not cause the displacement of community
20college district employees. The term “displacement” includes
21layoff, demotion, involuntary transfer to a new classification,
22involuntary transfer to a new location requiring a change of
23residence, and time base reductions. Displacement does not include
24changes in shifts or days off, nor does it include reassignment to
25other positions within the same classification and general location
26or employment with the contractor, so long as wages and benefits
27are comparable to those paid by the school district.

28(4) The savings shall be large enough to ensure that they will
29not be eliminated by private sector and community college district
30cost fluctuations that could normally be expected during the
31contracting period.

32(5) The amount of savings clearly justify the size and duration
33of the contracting agreement.

34(6) The contract is awarded through a publicized, competitive
35bidding process.

36(7) The contract includes specific provisions pertaining to the
37qualifications of the staff that will perform the work under the
38contract, as well as assurance that the contractor’s hiring practices
39meet applicable nondiscrimination standards.

P14   1(8) The potential for future economic risk to the community
2college district from potential contractor rate increases is minimal.

3(9) The contract is with a firm. A “firm” means a corporation,
4limited liability company, partnership, nonprofit organization, or
5sole proprietorship.

6(10) The potential economic advantage of contracting is not
7outweighed by the public’s interest in having a particular function
8performed directly by the community college district.

9(b) Notwithstanding any other provision of this chapter, personal
10services contractingbegin insert for nonemployee contractorsend insert shall also be
11permissible when any of the following conditions can be met:

12(1) The contract is for new community college district functions
13and the Legislature has specifically mandated or authorized the
14performance of the work by independent contractors.

15(2) The services contracted are not available within community
16college districts, cannot be performed satisfactorily by community
17college district employees, or are of such a highly specialized or
18technical nature that the necessary expert knowledge, experience,
19and ability are not available through the community college district.

20(3) The services are incidental to a contract for the purchase or
21lease of real or personal property. Contracts under this criterion,
22known as “service agreements,” shall include, but not be limited
23to, agreements to service or maintain office equipment or
24computers that are leased or rented.

25(4) The policy, administrative, or legal goals and purposes of
26the community college district cannot be accomplished through
27the utilization of persons selected pursuant to the regular or
28ordinary hiring process. Contracts are permissible under this
29criterion to protect against a conflict of interest or to ensure
30independent and unbiased findings in cases where there is a clear
31need for a different, outside perspective. These contracts shall
32include, but not be limited to, obtaining expert witnesses in
33litigation.

34(5) The nature of the work is such that the criteria for emergency
35appointments apply. “Emergency appointment” means an
36appointment made for a period not to exceed 60 working daysbegin insert of
37a single college yearend insert
either during an actual emergency to prevent
38the stoppage of public business or because of the limited duration
39of the work. The method of selection and the qualification
40standards for an emergencybegin delete employeeend deletebegin insert nonemployee contractorend insert
P15   1 shall be determined by the community college district. The
2frequency of appointment, length ofbegin delete employment,end deletebegin insert contract,end insert and
3the circumstances appropriate for the appointment of firms or
4individuals under emergency appointmentsbegin insert of non-employee
5contractorsend insert
shall be restricted so as to prevent the use of emergency
6appointments to circumvent the regular or ordinary hiring process
7begin insert for community college district employeesend insert.

8(6) The contractor will provide equipment, materials, facilities,
9or support services that could not feasibly be provided by the
10community college district in the location where the services are
11to be performed.

12(7) Thebegin delete services are of such anend deletebegin insert nature of the services, objectively
13determined, is soend insert
urgent, temporary, or occasionalbegin delete natureend delete that the
14delay incumbent inbegin delete theirend deletebegin insert theend insert implementationbegin insert of those servicesend insert under
15the community college district’s regular or ordinary hiring process
16would frustrate their very purposebegin insert, therefore requiring the use of
17nonemployee contractors. The use of any nonemployee contractor
18by a community college district under this section is limited to 60
19working days of a single college yearend insert
.

20(c) This section shall apply to all community colleges, including
21community college districts that have adopted the merit system.

22(d) This section shall apply tobegin insert nonemployeeend insert personal service
23contracts entered into after January 1, 2003. This section shall not
24apply to the renewal of personal services contracts subsequent to
25January 1, 2003, where the contract was entered into before January
261, 2003, irrespective of whether the contract is renewed or rebid
27with the existing contractor or with a new contractor.

28

SEC. 8.  

Section 88004 of the Education Code is amended to
29read:

30

88004.  

begin deleteEvery end deletebegin insert(a)end insertbegin insertend insertbegin insertA community college district has a mandatory
31duty to classify, and shall classify, every end insert
position not defined by
32the regulations of the board of governors as an academic position
33and not specifically exempted from the classified servicebegin delete according
34to the provisions ofend delete
begin insert pursuant toend insert Section 88003 or 88076begin delete shall be
35classifiedend delete
begin insert,end insert as required by thosebegin delete sections andend deletebegin insert sections. These
36positionsend insert
shall be a part of the classified service. These positions
37may not be designated as academic by the governing board of a
38districtbegin insert,end insert nor shall the assignment of a title to any such a position
39remove the position from the classified service.

begin insert

P16   1(b) A community college district has a mandatory duty to
2classify, and shall classify, each position held by a nonemployee
3contractor in accordance with Section 88003.1.

end insert
begin delete

4 Nothing

end delete

5begin insert(c)end insertbegin insertend insertbegin insertNothingend insert in this section shall be construed to prohibit anyone
6from being employed in a classification because he or she possesses
7the minimum qualifications required of faculty members or
8academic administrators, nor shall the possession of those
9qualifications be grounds for the elimination of an individual from
10consideration for employment in a classified position.

begin insert

11(d) An employee of a community college district, or the exclusive
12representative of such an employee within the meaning of Section
133543.8 of the Government Code, may bring an action to challenge
14the classification of an employee or position by a community
15college district under subdivision (a) of Section 88003, subdivision
16(a) of Section 88076, or this section, or to compel a community
17college district to classify an employee or position as required by
18those provisions.

end insert
begin delete

19This

end delete

20begin insert(e)end insertbegin insertend insertbegin insertThisend insert section shall apply to districts which have adopted the
21merit system in the same manner and with the same effect as
22though it were a part of Article 3 (commencing with Section 88060)
23of this chapter.

24

SEC. 9.  

Section 88076 of the Education Code is amended to
25read:

26

88076.  

(a) The commissionbegin insert has a mandatory duty to classify,
27andend insert
shall classify all employees and positions within the
28jurisdiction of the governing board or of the commission, except
29those which are exempt from the classified service, as specified
30in subdivision (b). The employees and positions shall be known
31as the classified service. “To classify” shall include, but not
32begin insert necessarilyend insert be limited to, allocating positions to appropriate classes,
33arranging classes into occupational hierarchies, determining
34reasonable relationships within occupational hierarchies, and
35preparing written class specifications.

36(b) The following positions and employees are exempt from the
37classified service:

38(1) Academic positions.

39(2) Part-time playground positions.

40(3) Full-time students employed part time.

P17   1(4) Part-time students employed part time in any college
2work-study program or in a work experience education program
3conducted by a community college which is financed by state or
4 federal funds.

5(5) Apprentice positionsbegin insert of a limited, temporary natureend insert.

6(6) Positions established for the employment of professional
7experts on abegin insert limited,end insert temporary basis for a specific projectbegin insert that is
8not an ongoing district ventureend insert
by the governing board or by the
9commission when so designated by the commission.

begin delete

10 Employment

end delete

11begin insert(c)end insertbegin insertend insertbegin insert(1)end insertbegin insertend insertbegin insertEmploymentend insert of either full-time or part-time students in
12any college work-study program, or in a work experience education
13program shall not result in the displacement of classified personnel
14or impair existing contracts for services.

begin delete

15However, nothing

end delete

16begin insert(2)end insertbegin insertend insertbegin insertNothingend insert in this section shall prevent an employee, who has
17attained regular status in a full-time position, from taking a
18voluntary reduction in time and retaining his or her regular status
19under the provisions of this law.

begin delete

20No

end delete

21begin insert(d)end insertbegin insertend insertbegin insertNoend insert person whose contribution consists solely in the rendition
22of individual personal services and whose employment does not
23come within the scope of the exceptions listed above shall be
24employed outside the classified service.

begin delete

25 A

end delete

26begin insert(e)end insertbegin insertend insertbegin insertAend insert part-time position is one for which the assigned time, when
27computed on an hourly, daily, weekly, or monthly basis, is less
28than 8712 percent of the normally assigned time of the majority
29of employees in the classified service.

30

SEC. 10.  

Section 88105 of the Education Code is amended to
31read:

32

88105.  

begin insert(a)end insertbegin insertend insertWhenever the appointing power requires the
33appointment of abegin delete personend deletebegin insert limited-term employeeend insert to a position, the
34duration of which is not to exceed sixbegin delete months,end deletebegin insert consecutive months
35in a single college year,end insert
or, in case of an appointmentbegin insert of a
36substitute employeeend insert
in lieu ofbegin delete anend deletebegin insert a temporarilyend insert absent employee,
37begin insert the duration of whichend insert is not to exceed the authorized absence of
38that employee,begin delete he or sheend deletebegin insert the appointing power shall have a
39ministerial duty to appoint the substitute or limited-term employee
40to the position subject to the requirements of this section.end insert

P18   1begin insert(b)end insertbegin insertend insertbegin insertFor substitute employees, the appointing powerend insert shall submit
2a request in which the probable duration of the appointment is
3stated.begin delete Eligibleend deletebegin insert For limited-term employees, the appointing power
4shall submit a request certifying the starting and ending dates of
5the service for the position. The ending date for a limited-term
6employee may be advanced or delayed by the appointing power,
7but the term shall not extend beyond six consecutive months in a
8single college year, and the community college district may not
9employ a limited-term employee in subsequent college years to
10perform the same or similar services.end insert

11begin insert(c)end insertbegin insertend insertbegin insertEligibleend insert persons shall be certified in accordance with their
12position on the appropriate employment list and their willingness
13to accept appointment to such a position as limited-termbegin insert or
14substituteend insert
employees. Limited-termbegin insert and substituteend insert employees shall
15be subject to those conditions affecting status and tenure during
16and after the employment as the commission may by rule
17determine.begin insert Notwithstanding these limitations on the duration of
18these positions, the commission may, based on a declaration of an
19emergency by the President of the United States or the Governor,
20authorize an extension that may not exceed one year. The duties
21of the extended position shall be related to the emergency.end insert

begin insert

22(d) As used in this section:

end insert
begin insert

23(1) “Limited-term employee” means any person who is employed
24to perform for the community college district a discrete service,
25the duration of which is not to exceed six consecutive months in a
26single college year, if upon the completion of the discrete service,
27as similar service shall be needed on a continuing or recurring
28basis.

end insert
begin insert

29(2) “Substitute employee” means any person employed to
30replace any classified employee who is temporarily absent from
31duty. In addition, if the community college district is then engaged
32in a procedure to hire a permanent employee to fill a vacancy in
33any classified position, the community college district may fill the
34vacancy through the employment, for not more than 60 calendar
35days, of one or more substitute employees, except to the extent that
36a collective bargaining agreement then in effect provides for a
37different period of time.

end insert
38

SEC. 11.  

If the Commission on State Mandates determines
39that this act contains costs mandated by the state, reimbursement
40to local agencies and school districts for those costs shall be made
P19   1pursuant to Part 7 (commencing with Section 17500) of Division
24 of Title 2 of the Government Code.



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