BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 1690 (Medina) - Community colleges:  part-time, temporary  
          employees
          
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          |Version: March 14, 2016         |Policy Vote: ED. 5 - 2          |
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          |Urgency: No                     |Mandate: Yes                    |
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          |Hearing Date: August 1, 2016    |Consultant: Jillian Kissee      |
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          This bill meets the criteria for referral to the Suspense File.



          Bill  
          Summary:  This bill requires community college districts to have  
          collective bargaining agreements with part-time faculty that  
          include specified conditions of employment.


          Fiscal  
          Impact:  
           New seniority lists:  According to the Community College  
            League of California, out of 72 community college districts 40  
            districts do not include seniority provisions in collective  
            bargaining agreements with part-time faculty.  Assuming a cost  
            of $5,000 to $10,000 per district to establish a list,  
            statewide reimbursable costs would be between $200,000 and  
            $400,000.  This estimate assumes that the estimated 32  
            remaining districts have an agreement in place that is based  
            on seniority up to the 60 to 67 percent of a full-time  
            equivalent load; has a regular evaluation process; and  
            includes due process for termination.  Once these existing  







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            agreements expire, new agreements would have to be established  
            containing the specified requirements in this bill.   
            (Proposition 98)

           Maintenance of all lists:  Initially only those districts that  
            are not exempt of this bill's requirements will be eligible to  
            claim for reimbursement for maintaining seniority lists.  Once  
            existing agreements that are eligible for exemption expire all  
            districts will be required to maintain seniority lists in  
            accordance with this bill.  If each college campus used a  
            partial position to track the data necessary to maintain the  
            seniority list, reimbursable state mandate costs could exceed  
            $2 million.  (Proposition 98)


          Background:  Existing law defines "faculty" as those employees of community  
          college districts who are employed in academic positions that  
          are not designated as supervisory or management, as specified.   
          Faculty include, but are not limited to, instructors,  
          librarians, counselors, community college health services  
          professionals, handicapped student programs and services  
          professionals, and extended opportunity programs and services  
          professionals. (Education Code § 87003)
           Existing law also defines any person who is employed to teach  
          for not more than 67% of the hours per week considered a  
          full-time assignment to be a part-time, temporary employee. (EC  
          § 87482.5 and § 87882) 


          The Board of Governors (BOG) of the CCC has had a longstanding  
          policy that at least 75 percent of the hours of credit  
          instruction in the community colleges, as a system, should be  
          taught by full-time instructors (commonly referred to as  
          "75/25").  Existing law requires the BOG to adopt regulations  
          regarding the percent of credit instruction taught by full-time  
          faculty and authorizes CCC districts with less than 75 percent  
          full-time instructors to apply a portion of their "program  
          improvement" funds toward reaching a 75 percent goal.  However,  
          the state has stopped providing program improvement funds and  
          the BOG has since required CCC districts to provide a portion of  
          their growth funds to hiring more full-time faculty. (EC §  
          87482.6)










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          Proposed Law:  
            This bill requires community college districts to have  
          collective bargaining agreements with part-time faculty that  
          include specified conditions of employment.
          Specifically, this bill requires collective bargaining  
          agreements to comply with the following regarding part-time  
          faculty:


           Community college districts, upon initial hire, and thereafter  
            must evaluate the faculty member pursuant to existing law.


           A faculty member qualifies and is required to be placed on a  
            seniority list if after six semesters, or three years, the  
            faculty member has not received a less-than-satisfactory  
            evaluation.


           A faculty member is required to be placed on a seniority list  
            for each assignment at each college he or she holds during the  
            seventh semester.


           After the sixth semester, each community college district is  
            required to try to maintain the workload equivalent that the  
            faculty member was assigned during the sixth semester.  As new  
            assignments become available, they are required to be offered  
            in seniority order to those who have qualified to be placed on  
            the list and have completed the associated assignment.


           In the event assignment reductions are necessary, they must be  
            made first to those that have not yet qualified to be placed  
            on the seniority list, and then in reverse seniority order.


           In cases of a class cancellation due to low enrollment,  
            faculty members who are lower on the seniority list are  
            required to be displaced.










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           Each new assignment successfully completed is required to be  
            added to the seniority list.


           Procedures, such as those governing refusal or rejection of  
            offered assignments, or breaks in service are required to be  
            locally negotiated. 


           If a faculty member qualifies for the seniority list but  
            subsequently receives a less-than-satisfactory evaluation, the  
            faculty member is required to be provided with a written plan  
            of remediation with concrete suggestions for improvement.  If  
            the faculty member receives another unsatisfactory evaluation,  
            he or she loses seniority rights and may be dismissed at the  
            discretion of the district.


           Appeal and grievance rights and procedures are required to be  
            locally negotiated.


           Provides that a community college district that has a  
            collective bargaining agreement in place before January 1,  
            2017, that has required components is exempt from the bill's  
            requirements upon the expiration of that agreement.  The  
            collective bargaining agreement must include faculty members  
            based on seniority assignment based on seniority up to the  
            range of 60 to 67 percent of a full-time equivalent load.  It  
            must also have a regular evaluation process, and due process  
            for termination once a faculty member has qualified for the  
            negotiated provisions.




          Related  
          Legislation:  AB 1010 (Medina, 2015), similar to this measure,  
          would have required community college districts to have  
          collective bargaining agreements with part-time faculty that  
          include specified conditions of employment. This bill failed  
          passage in the Senate Appropriations Committee.
          AB 1807 (Fong, 2010) proposed to require community college  
          districts, through collective bargaining, to establish and  








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          implement reemployment preference lists for part-time faculty.  
          This measure was held in the Assembly Appropriations Committee.




          Staff  
          Comments:  The requirement for each campus to have a seniority  
          list is new and would likely be determined by the Commission on  
          State Mandates to be a higher level of service and therefore  
          reimbursable by the state.  In addition, community college  
          campus would be required to track part-time faculty information  
          in order to comply with the minimum standards set forth in this  
          bill required to be included in collective bargaining  
          agreements.  Regardless of whether colleges currently track this  
          information, once a statutory requirement is put in place for a  
          particular activity, all community college districts are  
          eligible to submit claims for reimbursement.  
          Data points that would be required to be tracked include: (1)  
          part-time faculty that become eligible to be placed on a  
          seniority list by date of hire and those that lose eligibility;  
          (2) each new assignment successfully completed by the faculty  
          member; and (3) the workload level of each part-time faculty in  
          relation to the level the member was assigned during their sixth  
          semester.  These data would be necessary to ensure the correct  
          match of faculty to courses, verify that the faculty member is  
          maintaining the required workload, and track seniority by  
          discipline.  To the extent each college campus needed 0.25 of a  
          position to track this information at a cost of about $21,000  
          including benefits, statewide costs would exceed $2 million.




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