BILL ANALYSIS                                                                                                                                                                                                    



                                                                    AB 1066


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          Date of Hearing:  May 20, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          AB  
          1066 (Gonzalez) - As Amended May 14, 2015


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          |Policy       |Public Employees,              |Vote:|6 - 0        |
          |Committee:   |Retirement/Soc Sec             |     |             |
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          |             |Higher Education               |     |10 - 3       |
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          Urgency:  No  State Mandated Local Program:  YesReimbursable:   
          Yes


          SUMMARY:


          This bill revises the definition of "short-term employee" to  
          require the position not to continue on a year-after-year basis  
          in a school district or community college. 








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          FISCAL EFFECT:


          Significant Proposition 98/GF cost pressures on school districts  
          and community colleges, potentially in the millions of dollars,  
          to provide increased employment benefits (health and retirement  
          benefits, vacation, holiday and sick leave) to thousands of  
          workers not currently serving in a classified position.  


          COMMENTS:


          Purpose. Current law defines "substitute" and "short-term"  
          employees as those employed and paid for less than 75% of a  
          school year or college year. These employees are not part of  
          classified service.  This bill extends the definition of  
          "short-term" employee to also prohibit this designation of  
          employee from continuing on a year-after-year basis.  As a  
          result, if the school district or community college decides to  
          continue employment of a currently designated "short-term"  
          employee beyond one year, the school district or community  
          college would need to deem the position part of classified  
          service. 





          Inclusion in classified service confers 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.












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          Examples of positions that may currently be considered  
          "short-term" include coaches, AVID tutors, non-certificated  
          adult education instructors, community service lecturers,  
          artists-in-residence, student workers, seasonal workers. 





          Coaches, for example, are paid on a stipend regardless of hours  
          worked. Providing classified status could result in districts  
          negotiating overtime or additional pay for extended seasons,  
          playoffs, travel time, evening, weekend, and holiday games. 





          The California Federation of Teachers is sponsoring this bill to  
          prevent "wrongful exclusions" of employees from classified  
          service. They state current law and practice has resulted in a  
          permanent class of 'temporary' employees.  They support this  
          bill to "uphold and protect the original intent of creating a  
          permanent classified service."





          Analysis Prepared by:Misty Feusahrens / APPR. / (916) 319-2081
















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