BILL NUMBER: AB 755	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 29, 2009

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 amended, 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.   This   bill would
provide that temporary assignments shall not be made or continued if
there is a reasonable basis for utilizing or pursuing other personnel
management options, as provided. This bill would define compelling
program or management need for purposes of these provisions. This
bill would also provide that no assignment shall exceed 4 years, as
specified. 
   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.  Temporary assignments
shall not be made or continued under this section if there is a
reasonable basis for utilizing or pursuing other personnel management
options, such as transfer, list appointments, classification plan
changes, adverse action, layoff, probationary rejection, or medical
termination. Other staff shall not be laid off, demoted, or similarly
displaced as a result of temporary assignments made under this
section. For purposes of this section, a compelling program or
management need is defined as: 
    (1) Special projects or assignments that require a breadth
and depth of demonstrated expertise or a level or response that
cannot be obtained under normal staffing procedures. 
    (2) Staffing situations that require temporary reassignments
to prevent or alleviate a negative impact upon departmental
operations and efficiency. 
   (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
  may  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.   No temporary
assignment or loan shall exceed four years of total time per
individual in any combination of assignments or loans.  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.