Amended in Assembly August 29, 2016

Amended in Assembly August 19, 2016

Amended in Senate May 31, 2016

Amended in Senate March 29, 2016

Senate Bill No. 1379

Introduced by Senator Mendoza

February 19, 2016

An act to begin delete amend Section 130051 of the Public Utilities Code, relating to transportation. end delete begin insert amend Section 87482.3 of the Education Code, relating to community colleges. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 1379, as amended, Mendoza. begin delete Los Angeles County Metropolitan Transportation Authority. end delete begin insert Community colleges: part-time, temporary employees. end insert

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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.

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A.B. 1690 of the 2015-16 Regular Session 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 certain terms and conditions.

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This bill would instead, among other things, require that minimum standards be established for the terms of reemployment preference for part-time, temporary faculty assignments, extend the time frame for compliance to July 1, 2017, and make compliance with the provisions a condition of receiving funds allocated for the Student Success and Support Program in the annual Budget Act.

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To the extent that this bill would impose new duties on community college districts, it would constitute a state-mandated local program.

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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.

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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.

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Existing law creates the Los Angeles County Metropolitan Transportation Authority with specified powers and duties relative to transportation planning, programming, and operations in the County of Los Angeles. The authority is governed by a 14-member board of directors, including the Mayor of the City of Los Angeles, 2 public members and one Los Angeles City Council member appointed by the mayor, 4 members appointed from the other cities in the county, the 5 members of the board of supervisors, and one nonvoting member appointed by the Governor.

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This bill would restructure the board of directors to include the Mayor of the City of Los Angeles, 2 Los Angeles City Council Members, 2 public members who are residents of the City of Los Angeles, the Mayor of the City of Long Beach, 5 mayors or city council members from the other cities in the county, 2 members of the board of supervisors appointed by that board, and one nonvoting member appointed by the Governor. The bill would require the Mayor of the City of Los Angeles to appoint the 2 members of the Los Angeles City Council and one public member, and would require the President Pro Tempore of the Senate to appoint the other public member from a list submitted by the mayor. The bill would require the Los Angeles County City Selection Committee to appoint 4 of the members from each of 4 specified sectors representing the other cities within the county, and would require the Speaker of the Assembly to appoint the 5th representative of the other cities within the county, who may not reside in the same city as another member of the authority board at the time of appointment, from a list submitted by the Los Angeles County City Selection Committee.

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By requiring the board membership to be restructured, the bill would thereby impose a state-mandated local program.

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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.

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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.

end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 87482.3 of the end insert begin insert Education Code end insert begin insert , as added
by Assembly Bill 1690 of the 2015 end insert begin insert -16 Regular Session, is amended
to read: end insert

87482.3.  

(a) (1)  begin delete On end delete begin insert As a condition of receiving funds allocated
for the Student Success and Support Program in the annual Budget
Act, on end insert or after begin delete January end delete begin insert July end insert 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)  begin insert (i) end insert begin insert   end insert A community college district shall begin delete meet the minimum
standards established by this section end delete begin insert establish minimum standards
for the terms of reemployment preference for part-time, temporary
faculty assignments end insert through the negotiation process between the
community college district and the exclusive representative for
part-time, temporary faculty. begin insert These standards shall include all of
the following: end insert

begin delete

(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, and subsequently thereafter, a part-time,
temporary faculty member shall be evaluated pursuant to the
requirements of Section 87663.

(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, if 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).

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(I) The length of time part-time, temporary faculty have served
at the community college or district.

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(II) The number of courses part-time, temporary faculty have
taught at the community college or district.

end insert begin insert

(III) The evaluations of temporary faculty conducted pursuant
to Section 87663 and other related methods of evaluation that can
reliably be used to assess educational impact of temporary faculty
as it relates to student success.

end insert begin insert

(IV) The availability, willingness, and expertise of part-time,
temporary faculty to teach specific classes or take on specific
assignments that are necessary for student instruction or services.

end insert begin insert

(ii) Additional standards may be considered and established
through the negotiation process, as necessary.

end insert begin insert

(iii) Standards established pursuant to clause (ii) shall reflect
the processes and procedures for both of the following:

end insert begin insert

(I) Assigning part-time, temporary faculty to teach courses or
staff nonclassroom assignments.

end insert begin insert

(II) Evaluating part-time, temporary faculty.

end insert begin insert

(b) As a condition of receiving funds allocated for the Student
Success and Support Program in the annual Budget Act and except
as provided in subdivision (d), a community college district
described in paragraph (1) of subdivision (a) and the exclusive
representative of the part-time, temporary faculty shall negotiate
in good faith all of the following:

end insert begin insert

(1) The terms of reemployment preference for part-time,
temporary faculty assignments based on the minimum standards
up to the range of 60 to 67 percent of a full-time equivalent load.
These terms shall also contain policies for termination, including,
but not limited to, the evaluation process negotiated pursuant to
paragraph (2).

end insert begin insert

(2) A regular evaluation process for part-time, temporary faculty
pursuant to the requirements of Section 87663.

end insert begin insert

(c) A community college district that has a collective bargaining
agreement in effect as of July 1, 2017, that has satisfied the
requirements of subdivision (b), and that executes a signed written
agreement with the exclusive representative of the part-time,
temporary faculty acknowledging implementation of subdivision
(b), shall be deemed to be in compliance with this section while
the bargaining agreement is in effect.

end insert begin insert

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

end insert

begin delete

SECTION 1.  

It is the intent of the Legislature that the members
of the Board of Directors of the Los Angeles County Metropolitan
Transportation Authority representing the County of Los Angeles,
the City of Los Angeles, and the 87 other cities in the County of
Los Angeles be appointed in a manner that ensures a close
approximation to the ratio of populations of the respective
jurisdictions to the county’s total population.

SEC. 2.  

Section 130051 of the Public Utilities Code is amended
to read:

130051.  

The Los Angeles County Metropolitan Transportation
Authority consists of 14 members, as follows:

(a) Two members of the Los Angeles County Board of
Supervisors, appointed by that board of supervisors.

(b) The Mayor of the City of Los Angeles.

(c) Two members of the City Council of the City of Los Angeles
appointed by the Mayor of the City of Los Angeles.

(d) One public member, who shall be a resident of the City of
Los Angeles, appointed by the Mayor of the City of Los Angeles.

(e) One public member, who shall be a resident of the City of
Los Angeles, appointed by the President Pro Tempore of the Senate
from a list of candidates submitted by the Mayor of the City of
Los Angeles.

(f) The Mayor of the City of Long Beach.

(g) Four members, one from each sector, each of whom shall
be a mayor or a member of a city council, appointed by the Los
Angeles County City Selection Committee. For purposes of the
selection of these four members, the County of Los Angeles,
excluding the City of Los Angeles and the City of Long Beach,
shall be divided into the following four sectors:

(1) The North County/San Fernando Valley sector.

(2) The Southwest Corridor sector.

(3) The San Gabriel Valley sector.

(4) The Southeast sector.

The League of California Cities, Los Angeles County Division,
shall define the sectors. Every city within a sector shall be entitled
to vote to nominate one or more candidates from that sector for
consideration for appointment by the Los Angeles County City
Selection Committee. A city’s vote shall be weighted in the same
proportion that its population bears to the total population of all
cities within the sector.

The members appointed pursuant to this subdivision shall be
appointed by the Los Angeles County City Selection Committee
upon an affirmative vote of its members which represent a majority
of the population of all cities within the county, excluding the City
of Los Angeles and the City of Long Beach.

The members selected by the city selection committee shall serve
four-year terms with no limitation on the number of terms that
may be served by any individual. The city selection committee
may shorten the initial four-year term for one or more of the
members for the purpose of ensuring that the members will serve
staggered terms.

(h) If the population of the City of Los Angeles, at any time,
becomes less than 35 percent of the combined population of all
cities in the county, the position of one of the members appointed
pursuant to subdivision (c) or (d), as determined by the Mayor of
the City of Los Angeles, shall be vacated, and the vacant position
shall be filled by appointment by the city selection committee
pursuant to subdivision(g) from a city not represented by any other
member appointed pursuant to subdivision (g).

(i) One mayor or city council member appointed by the Speaker
of the Assembly from a list submitted by the Los Angeles County
City Selection Committee that contains two or more candidates
from each sector in subdivision (g). The Los Angeles County City
Selection Committee shall submit a list of candidates to the Speaker
of the Assembly until the appointment is made. At the time a
member is appointed pursuant to this subdivision, the member
shall not reside in the same city as another member of the authority.

(j) One nonvoting member appointed by the Governor.

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begin delete SEC. 3. end delete

begin insert SEC. 2. end insert   

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.