BILL ANALYSIS                                                                                                                                                                                                    

                                                                    AB 1066

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          Date of Hearing:  April 28, 2015


                                 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  

          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  

             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.  



          California Federation of Teachers

          California Labor Federation

          San Diego County Office of Education 

          SEIU California


          None on File

          Analysis Prepared by:Laura Metune / HIGHER ED. / (916) 319-3960


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