BILL NUMBER: AB 755	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Brownley

                        FEBRUARY 26, 2009

   An act to amend Section 19050.8 of the Government Code, relating
to civil service appointments.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 755, as introduced, Brownley. Civil service appointments.
   Existing law authorizes the State Personnel Board to prescribe
rules governing the temporary assignment or loan of employees within
an agency or between agencies or between jurisdictions for specified
time limits, for the purpose of providing training to employees,
enabling an agency to obtain expertise needed to meet a compelling
program or management need, or facilitating the return of injured
employees to work. Existing law authorizes those temporary
assignments or loans to be used to meet minimum requirements for
promotional as well as open examinations.
   This bill would provide that local educators on loan to a state
education agency would not be eligible to use their temporary
assignment experiences to meet minimum requirements for promotional
or open examinations.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 19050.8 of the Government Code is amended to
read:
   19050.8.  The board may prescribe rules governing the temporary
assignment or loan of employees within an agency or between agencies
for not to exceed two years or between jurisdictions for not to
exceed four years for any of the following purposes:
   (a) To provide training to employees.
   (b) To enable an agency to obtain expertise needed to meet a
compelling program or management need.
   (c) To facilitate the return of injured employees to work.
   These temporary assignments or loans shall be deemed to be in
accord with this part limiting employees to duties consistent with
their class and may be used to meet minimum requirements for
promotional as well as open examinations. An employee participating
in that arrangement shall have the absolute right to return to his or
her former position. Any temporary assignment or loan of an employee
made for the purpose specified in subdivision (b) shall be made only
with the voluntary consent of the employee.
   In addition, out-of-class experience obtained in a manner not
described in this section may be used to meet minimum requirements
for promotional as well as open examinations, only if it was obtained
by the employee in good faith and was properly verified under
standards prescribed by board rule.
   For purposes of this section, a temporary assignment or loan
between educational agencies or jurisdictions shall be extended for
up to two additional years upon a finding by the Superintendent of
Public Instruction or the Chancellor of the California Community
Colleges, and with the approval of the Executive Officer of the State
Personnel Board, that the extension is necessary in order to
substantially complete work on an educational improvement project.
 Local educators on loan to a state education agency shall not be
eligible to use their temporary assignment experiences to meet
minimum requirements for promotional or open examinations. 
However, the temporary assignment of any local educator who is
performing the duties of a nonrepresented classification while on
loan to a state education agency may be extended for as many
successive two year intervals as necessary by the Superintendent of
Public Instruction or the Chancellor of the California Community
Colleges with the concurrence of the education agency or
jurisdiction. Public and private colleges and universities shall be
considered educational agencies or jurisdictions within the meaning
of this section.
   A temporary assignment within an agency or between agencies may be
extended by the board for up to two additional years in order for an
employee to complete an apprenticeship program.