Amended in Assembly March 14, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 1690

Introduced by Assembly Member Medina

January 21, 2016

An act to add Section 87482.3 to the Education Code, relating to community colleges.

LEGISLATIVE COUNSEL’S DIGEST

AB 1690, as amended, Medina. Community colleges: part-time, temporary employees.

(1) Existing law establishes the California Community Colleges under the administration of the Board of Governors of the California Community Colleges. Existing law authorizes the establishment of community college districts under the administration of community college governing boards, and authorizes these districts to provide instruction at community college campuses throughout the state.

Existing law requires that a person employed to teach adult or community college classes for not more than 67% of the hours per week of a full-time employee having comparable duties, excluding substitute service, be classified as a temporary employee and not a contract employee.

This bill would require community college districts without a collective bargaining agreement with part-time, temporary faculty in effect as of January 1, 2017, to, on or after January 1, 2017, commence negotiations with the exclusive representatives for part-time, temporary faculty regarding the terms and conditions required by the bill. The bill would specify minimum standards for the treatment of part-time, temporary faculty to be met by community college collective bargaining agreements negotiated on or after January 1, 2017, that are not exempt, as specified. These standards would relate to, among other issues, evaluation procedures, workload distribution, and seniority rights.

To the extent that this bill would impose new duties on 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:

SECTION 1.  

Section 87482.3 is added to the Education Code,
to read:

87482.3.  

(a) (1) On or after January 1, 2017, community
college districts that do not have a collective bargaining agreement
with part-time, temporary faculty in effect as of January 1, 2017,
shall commence negotiations with the exclusive representatives
for part-time, temporary faculty regarding the terms and conditions
required by subdivision (b). The parties shall negotiate these rights
for part-time, temporary faculty.

(2) It is the intent of the Legislature that both of the following
shall occur:

(A) The adoption of provisions in compliance with subdivision
(b) shall be included as part of the usual and customary negotiations
between the community college district and the exclusive
representative for part-time, temporary faculty.

(B) A community college district shall meet the minimum
standards established by this section through the negotiation
process between the community college district and the exclusive
representative for part-time, temporary faculty.

(b) (1) A community college district that enters into a collective
bargaining agreement on or after January 1, 2017, shall comply
with all of the following:

(A) Upon initial hire, begin insert and subsequently thereafter, end insert a part-time,
temporary faculty member shall be evaluated begin delete by a committee that
shall include, but not necessarily be limited to, a contract or regular
faculty peer evaluator who has expertise in the subject matter of
the part-time, temporary faculty member’s assignment. The
evaluation committee may additionally include other evaluators,
such as a department chair, dean, or a second peer. The terms and
conditions of the evaluation process and procedures shall be locally
negotiated between the community college district and the
exclusive representative for part-time, temporary faculty.
Subsequent to his or her initial hire, each part-time, temporary
faculty member shall be evaluated at least once every six semesters
or nine quarters of service, exclusive of summer and intersession
terms. end delete begin insert pursuant to the requirements of Section 87663. end insert

(B) After six semesters or nine quarters of service, exclusive of
summer and intersession terms, each part-time, temporary faculty
member who has not received a less-than-satisfactory evaluation
during the preceding six semesters or nine quarters of service shall
be placed on a seniority list for each assignment at each college
where he or she holds a current assignment during the seventh
semester or 10th quarter of service, irrespective of how many times
he or she has completed each unique assignment. The seniority
for all assignments shall be determined based on the first date of
hire at the applicable college. Seniority lists shall be by campus
unless otherwise locally negotiated between the community college
district and the exclusive representative for part-time, temporary
faculty.

(C) For semester seven or quarter 10 and beyond, each
community college district shall endeavor to maintain the workload
equivalent that the part-time, temporary faculty member was
assigned during semester six or quarter nine, subject to all of the
following:

(i) As new assignments become available due to growth or
attrition, these assignments shall be offered in seniority order to
those part-time, temporary faculty members who have qualified
to be placed on the seniority list pursuant to subparagraph (B), and
previously successfully completed that same assignment. These
assignments may be made up to a maximum annualized load,
exclusive of summer and intersession terms, in the range of 60 to
67 percent of a full-time equivalent load.

(ii) In cases where a reduction in assignment needs to occur due
to program needs, budget constraints, or more contract faculty
hires, the reduction shall occur first from among those part-time,
temporary faculty members who have not yet qualified to be placed
on the seniority list, and thereafter in reverse seniority order, with
the least senior part-time, temporary faculty member reduced first.
Any rights to a certain workload equivalent shall be maintained
for a period of 18 months. In cases of class cancellation due to low
enrollment, faculty members shall displace faculty members who
are lower than they are on the seniority list, begin delete provided that end delete begin insert if end insert the
class cancellation occurs prior to the first class meeting day.

(iii) Each new assignment successfully completed shall be added
to the part-time, temporary faculty member seniority list.

(D) Procedures governing refusal or rejection of offered
assignments, diminution or loss of seniority rights, and additional
leave or break-in-service provisions shall be locally negotiated
between the community college district and the exclusive
representative for part-time, temporary faculty.

(E) In cases where a part-time, temporary faculty member,
subsequent to qualifying to be placed on the seniority list, receives
a less-than-satisfactory evaluation, as that term is defined in the
collective bargaining agreement between the community college
district and the exclusive representative for part-time, temporary
faculty, the faculty member shall be provided a written plan of
remediation with concrete suggestions for improvement. The
faculty member shall be evaluated again the following semester.
If the outcome of this subsequent evaluation is also less than
satisfactory, the faculty member shall lose all seniority rights, and
may be dismissed at the discretion of the district. Appeal and
grievance rights and procedures, if any, shall be subject to local
collective bargaining.

(F) In all cases, part-time faculty assignments are temporary in
nature, contingent on enrollment and funding, and subject to
program changes, and no part-time faculty member has a
reasonable assurance of continued employment at any point,
irrespective of the status, length of service, or reemployment
preference seniority of that part-time, temporary faculty member.

(2) (A) A community college district that has a collective
bargaining agreement in effect as of January 1, 2017, that has
provisions in place that require implementation of all of the
following, and executes a signed written agreement pursuant to
subparagraph (B), shall be exempt from this subdivision upon the
expiration of that agreement:

(i) Part-time, temporary faculty assignment based on seniority
up to the range of 60 to 67 percent of a full-time equivalent load.

(ii) A regular evaluation process for part-time, temporary faculty.

(iii) Due process for termination once a part-time, temporary
faculty member has qualified for the negotiated provisions.

(B) A written agreement, confirming that provisions requiring
the implementation of clauses (i) to (iii), inclusive, have been
included in a collective bargaining agreement in effect as of
January 1, 2017, shall be signed by the exclusive representative
for part-time, temporary faculty and the community college district,
who are subject to that agreement, in order for the district to be
exempt from this subdivision pursuant to subparagraph (A).

SEC. 2.  

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