BILL ANALYSIS Ó
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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