BILL NUMBER: AB 755	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 14, 2009
	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  no   a 
temporary assignment or loan shall  not  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   This bill would
delete that provision and would instead prohibit a temporary
assignment or loan between educational agencies or jurisdictions from
exceeding 4 years of total time per individual performing the duties
of a represented classification in any combina   tion of
assignments or loans  .
   Vote: majority. Appropriation: no. Fiscal committee: 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.
   (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 
    For purposes of this section, a temporary assignment or loan
between educational agencies or jurisdictions shall not exceed four
years of total time per individual performin   g the duties
of a represented classification 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   educational  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.