BILL NUMBER: AB 755 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 6, 2009
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.
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 temporary assignment or
loan shall exceed 4 years, as specified.
Existing law also requires a temporary assignment or loan between
educational agencies or jurisdictions to be extended for up to 2
additional years upon a finding that the extension is necessary to
substantially complete work on an educational improvement project.
The bill would make that extension permissive instead of
mandatory. The bill would also require those educational improvement
projects to require a breadth and depth of demonstrated expertise or
a level or response that cannot be obtained under normal staffing
procedures. The bill would prohibit those temporary assignments or
loans from being made or continued if there is a reasonable basis for
utilizing the state civil service.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . 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 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.
These projects shall require a breadth and depth of demonstrated
expertise or a level or response that cannot be obtained under
normal staffing procedures. Temporary assignments or loans shall not
be made or continued under this section if there is a reasonable
basis for utilizing the state civil service. No temporary
assignment or loan shall exceed four years of total time per
individual in any combination of assignments or loans. All
temporary assignments or loans shall comply with applicable board
rules. 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.