BILL ANALYSIS Ó
AB 1066
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Date of Hearing: April 28, 2015
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Jose Medina, Chair
AB 1066
(Gonzalez) - As Amended April 6, 2015
[Note: This bill is doubled referred. On April 8, 2015, this
bill was approved by a vote of 6-0 in the Assembly Committee on
Public Employees, Retirement and Social Security.]
SUBJECT: Classified employees: nonemployee contractors:
limited-term, short-term, and substitute employees
SUMMARY: Clarifies provisions governing the use of nonemployee
contractors and limited-term, short-term, and substitute
employees in the classified service to ensure that school
districts and community college districts are appropriately
placing non-academic employees, unless specifically exempted, in
the classified service. Specifically, this bill:
1)Specifies that school districts and community college
districts have a mandatory duty to classify all of their
non-academic employees and positions.
2)Clarifies that substitute employees exempted from classified
service because they are employed and paid for less than 75%
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of a school or college year means a single school or college
year.
3)Defines "75% of a single school or college year" to mean 195
working days of a single school or college year, including
holidays, sick leave, vacation, and other leaves of absence,
irrespective of the number of hours worked per day.
4)Prohibits a short-term employee exempted from classified
service from being employed in subsequent school years to
perform the same services.
5)Clarifies that the use of a nonemployee contractor for
personal services contracting is limited to 60 working days of
a single school or college year.
6)Specifies that an employee of a school district or community
college district, or their exclusive representative, may bring
and action to challenge the classification of an employee or
positions or to compel a position to be classified pursuant to
these provisions.
7)Provides for reimbursement if the Commission on State Mandates
determines the bill contains state mandated local costs.
EXISTING LAW:
1)Authorizes community college districts (CCDs) to employ
non-academic employees, and requires those employees to be
placed in the classified service, as specified.
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2)Prohibits, generally, the following from being part of the
classified service:
a) Substitute and short-term employees employed and paid
for less than 75% of a school year.
b) Apprentices and professional experts, as specified.
c) Full-time and part-time students employed part-time in a
college work-study or work experience program, as
specified.
d) Part-time playground positions where the employee is not
otherwise employed in a classified position.
3)Restricts personal services contracting for all services
currently or customarily performed by classified school
employees for the purpose of achieving cost savings,
permitting so only if specified conditions are met.
FISCAL EFFECT: Unknown
COMMENTS: Purpose of this bill. According to the author, over
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30 years ago, the Legislature decreed that the non-academic
employees of CCDs and school districts must be included in the
classified service. Inclusion in a district's classified
service confers important statutory rights and benefits to
employees, such as a process for obtaining permanent status, due
process rights, fixed and delineated work duties, vacation days,
holidays and other benefits.
The author argues these rights are being eroded by CCDs and
school districts that are wrongfully excluding longstanding,
regular employees from the classified service by relying on
narrow exceptions that were intended only for legitimate
short-term, limited and temporary employees.
The author contends that this bill will prevent wrongful
exclusions by clarifying existing language that allows only
narrow and limited exceptions from classified service for
legitimate student, short-term, limited and emergency employees.
Arguments in support. The California Federation of Teachers
(CFT) is the sponsor of this bill. CFT points to Milagros
Hilario, who has worked for 10 years as a "temporary" hourly
employee as a Food Service worker in a college cafeteria in San
Diego, as an example of the need for this bill. According to
CFT, "Milagros performs the exact same job duties and has the
exact same qualifications as her colleagues in the cafeteria.
The cafeteria is open year-round whenever classes are in
session. The District has denied Milagros the ability to be
placed in the classified services and because of that she does
not earn sick leave, vacation time, holiday pay, and has no
pension." CFT argues this bill will prohibit CCDs from
excluding Milagros and similar employees from classified service
by strengthening the exemptions to ensure they apply only to
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legitimate student, short-term, limited and emergency employees.
REGISTERED SUPPORT / OPPOSITION:
Support
California Federation of Teachers
California Labor Federation
San Diego County Office of Education
SEIU California
Opposition
None on File
Analysis Prepared by:Laura Metune / HIGHER ED. / (916) 319-3960
AB 1066
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