BILL ANALYSIS
AB 755
Page 1
ASSEMBLY THIRD READING
AB 755 (Brownley)
As Introduced February 26, 2009
Majority vote
PUBLIC EMPLOYEES 5-1
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|Ayes:|Hernandez, Furutani, | | |
| |Beall, Nestande, Torrico | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Conway | | |
| | | | |
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SUMMARY : Prohibits local educators on loan to a state
education agency from using their temporary assignment
experiences to meet the minimum requirements for promotional or
open civil service examinations.
EXISTING LAW authorizes the State Personnel Board (SPB) to
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:
1)To provide training to employees;
2)To enable an agency to obtain expertise needed to meet a
compelling program or management need; and,
3)To facilitate the return of injured employees to work.
A temporary assignment or loan between education agencies or
jurisdictions may be extended if approved by the SPB. 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, as specified.
These temporary assignments or loans may be used to meet minimum
requirements for promotional as well as open examinations.
AB 755
Page 2
FISCAL EFFECT : Unknown
COMMENTS : According to the author, "Visiting educator[s] are
local educators on loan from a public education agency to a
state education agency in order to provide specific expertise to
meet a compelling program or management need to that state
agency. This bill will ensure that visiting educators who wish
to stay and work at the state agency once their temporary
assignment is finished will compete for positions on an equal
footing with other civil service applicants.
"Due to the temporary nature of their work, visiting educators
can be brought in to state agencies without first taking the
open or promotional exams required of all other civil service
employees. However, many visiting educators continue to work
for or are promoted within the agency once their project
assignment is complete at the expense of other qualified
individuals, circumventing the civil service process.
"The lack of oversight regarding visiting educators provides
them with various employment advantages at the expense of other
civil service employees. Many are staying at state agencies
past the terms of their contracts at great cost to the state due
to the way reimbursement pay to local districts is calculated.
As a result, visiting educators are using experience improperly
gained and unequally compensated to qualify for promotional
exams over the very workers who trained them."
Analysis Prepared by : Karon Green / P.E., R. & S.S. / (916)
319-3957
FN: 0000568