BILL NUMBER: ACR 138 CHAPTERED
BILL TEXT
RESOLUTION CHAPTER 142
FILED WITH SECRETARY OF STATE SEPTEMBER 9, 2010
ADOPTED IN SENATE AUGUST 23, 2010
ADOPTED IN ASSEMBLY AUGUST 24, 2010
AMENDED IN SENATE JULY 15, 2010
AMENDED IN ASSEMBLY MAY 28, 2010
INTRODUCED BY Assembly Member Nava
(Coauthors: Assembly Members Beall, Block, Blumenfield, Fong,
Huffman, Ma, Monning, Portantino, Ruskin, and Torlakson)
FEBRUARY 23, 2010
Relative to the California Community Colleges.
LEGISLATIVE COUNSEL'S DIGEST
ACR 138, Nava. California Community Colleges: faculty.
This measure would express the intent of the Legislature that
part-time and temporary faculty receive pay and benefits that are
equal to those of specified tenured and tenure-track faculty, to the
extent funding is provided, and that the California Community
Colleges increase the percentage of full-time tenured and
tenure-track faculty.
WHEREAS, Instruction at community colleges is provided by a
combination of full-time and part-time faculty; and
WHEREAS, An increasing percentage of the courses offered in public
colleges and universities in California are being taught by
part-time and other adjunct faculty; and
WHEREAS, National research validates the importance of a
sufficient complement of full-time faculty, particularly for the
population served by the California Community Colleges; and
WHEREAS, The system of higher education within the California
Community Colleges has become dependent upon a contingent workforce
that is poorly compensated and too often lacks basic supports; and
WHEREAS, These twin developments, the economic exploitation of
part-time and other contingent faculty, and the shrinking of the
ranks of full-time tenured faculty, limit the ability of the state's
public higher education system to provide high-quality education,
research, and support for economic development; and
WHEREAS, Providing sufficient numbers of faculty with full-time
tenured and tenure-track employment and improving the conditions
under which part-time and other adjunct faculty work will result in
better service for students, communities, and the economy; and
WHEREAS, A state statute expresses legislative intent that 75
percent of instructional hours be taught by full-time faculty, with
no more than 25 percent being taught by part-time faculty; and
WHEREAS, Implementing regulations developed by the board of
governors, which oversees the statewide system, generally requires
community college districts to move closer to the 75-percent target
by hiring more full-time faculty in years in which those districts
receive additional enrollment funding; and
WHEREAS, The 75/25 statutory ratio is a guideline for community
college districts, and the California Community Colleges regulation,
commonly known as the Faculty Obligation Number, or "FON," imposes
financial penalties on districts that fail to meet their employment
target for full-time faculty members; and
WHEREAS, Fair tax policies are the financial foundation of a
modern society; and
WHEREAS, Property taxes are the most reliable revenue source for
public services; and
WHEREAS, Proposition 13, an initiative measure approved by voters
at the June 6, 1978, direct primary election, moved education
decisionmaking to the state level and created difficulties in funding
education; and
WHEREAS, Federal tax breaks have caused cuts in federal support
for higher education programs; and
WHEREAS, Funds have been provided through the annual Budget Act to
assist community college districts; and
WHEREAS, The principle of equal pay for equal work requires that
part-time faculty be provided with compensation that is directly
proportional to the compensation of full-time faculty; now,
therefore, be it
Resolved by the Assembly of the State of California, the Senate
thereof concurring, That it is the intent of the Legislature that all
part-time and temporary faculty receive pay and benefits that are
equal to those of tenured and tenure-track faculty of comparable
qualifications doing comparable work, as determined on a pro rata
basis, to the extent funding is provided; and be it further
Resolved, That the longstanding policy of the Board of Governors
of the California Community Colleges that at least 75 percent of the
hours of credit instruction in the colleges be taught by full-time
instructors should be advanced; and be it further
Resolved, That each community college district should develop and
adopt plans to meet the requirements related to increasing the
percentage of full-time tenured and tenure-track faculty, to the
extent funding is provided; and be it further
Resolved, That the development and adoption of plans related to
increasing the percentage of full-time tenured and tenure-track
faculty should be subject to a collective bargaining process that
includes the exclusive representatives of the full-time and part-time
faculty serving in that district; and be it further
Resolved, That the determination of the method of prorating
salaries should be subject to a collective bargaining process that
includes the exclusive representatives of faculty serving at that
institution; and be it further
Resolved, That each community college district should establish a
process under which part-time and other adjunct faculty, after
successful completion of a probationary period, may receive timely
notice of, and priority consideration for, appropriate teaching
assignments in future academic terms and preferential consideration
for attaining a tenure-track position when one becomes available; and
be it further
Resolved, That the process should ensure that part-time and other
adjunct faculty receive the accumulation of seniority, notification
about job openings at that institution prior to the publication of
announcements of those openings outside of that institution, and
preferential consideration for appointments to tenure-track
positions; and be it further
Resolved, That the implementation of these requirements should be
subject to a collective bargaining process that includes the
exclusive representatives of the full-time and part-time faculty
serving at that institution; and be it further
Resolved, That each community college district should make
progress toward the goals described in this measure; and be it
further
Resolved, That the Chief Clerk of the Assembly transmit copies of
this resolution to the governing board of each district of the
California Community Colleges and to the author for distribution.