BILL NUMBER: SB 1379 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 29, 2016
AMENDED IN ASSEMBLY AUGUST 19, 2016
AMENDED IN SENATE MAY 31, 2016
AMENDED IN SENATE MARCH 29, 2016
INTRODUCED BY Senator Mendoza
FEBRUARY 19, 2016
An act to amend Section 130051 of the Public Utilities
Code, relating to transportation. amend Section
87482.3 of the Education Code, relating to community colleges.
LEGISLATIVE COUNSEL'S DIGEST
SB 1379, as amended, Mendoza. Los Angeles County
Metropolitan Transportation Authority. Community
colleges: part-time, temporary employees.
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.
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.
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.
To the extent that this bill would impose new duties on community
college districts, it would constitute a state-mandated local
program.
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.
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.
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.
By requiring the board membership to be restructured, the bill
would thereby impose a state-mandated local program.
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 of the
Education Code , as added by Assembly Bill 1690 of the
2015 -16 Regular Session, is amended to read:
87482.3. (a) (1) On As a condition of
receiving funds allocated for the Student Success and Support Program
in the annual Budget Act, on or after January
July 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) (i) A community college district shall
meet the minimum standards established by this section
establish minimum standards for the terms of
reemployment preference for part-time, temporary faculty assignments
through the negotiation process between the community college
district and the exclusive representative for part-time, temporary
faculty. These standards shall include all of the following:
(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).
(I) The length of time part-time, temporary faculty have served at
the community college or district.
(II) The number of courses part-time, temporary faculty have
taught at the community college or district.
(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.
(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.
(ii) Additional standards may be considered and established
through the negotiation process, as necessary.
(iii) Standards established pursuant to clause (ii) shall reflect
the processes and procedures for both of the following:
(I) Assigning part-time, temporary faculty to teach courses or
staff nonclassroom assignments.
(II) Evaluating part-time, temporary faculty.
(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:
(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).
(2) A regular evaluation process for part-time, temporary faculty
pursuant to the requirements of Section 87663.
(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.
(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.
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.
SEC. 3. 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.