BILL ANALYSIS
SENATE PUBLIC EMPLOYMENT & RETIREMENT BILL NO: AB 755
Lou Correa, Chair Hearing date: July 16, 2009
AB 755 (Brownley) as amended 7/14/09 FISCAL: YES
STATE CIVIL SERVICE: TEMPORARY ASSIGNMENTS OF VISITING
EDUCATORS
HISTORY :
Sponsor: Service Employees International Union, Local
1000
Prior legislation: none
ASSEMBLY VOTES :
PER & SS 5-1 5/06/09
Assembly Floor 50-25 5/18/09
SUMMARY :
Would: prohibit local educators on loan to a state education
agency from serving in temporary assignments in specified
positions for more than 4 years.
BACKGROUND AND ANALYSIS :
1) Existing state civil service law permits temporary
assignments
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 not to exceed
two years or between jurisdictions 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
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a compelling program or management need, and
c) to facilitate the return of injured employees to work.
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2) Existing state civil service law permits extensions of
temporary assignments of local educators in certain
circumstances
The committee is advised that a temporary assignment or loan
between education agencies or jurisdictions may be extended
for represented employees (rank and file, not management) if
approved by the SPB.
However, the temporary assignment of any local educator who
is performing the duties of nonrepresented employees
(management) 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.
3) This bill would provides that temporary assignments or
loans of persons in a represented position (rank and file,
not management) shall not exceed 4 years.
COMMENTS :
1) Technical amendment necessary
The committee is advised that, by agreement of the interested
parties who have negotiated the July 14, 2009, amendments to
this bill, the sentence "All temporary assignments or loans
shall comply with applicable rules," on page 3, lines 16 and
17 needs to be deleted .
Assemblymember Brownley will offer author's amendments to
remove this language in committee.
2) Arguments in support
According to the author:
"Visiting educators fulfill a valuable role within the
state's education system, lending their local perspective
and expertise in a specific policy matter to help
California develop the best programs for all students.
Visiting educators would then return to their home
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districts with knowledge gained at the state level.
However, the program is not fully functioning the way it
was intended.
Current practice has allowed many visiting educators to
stay at state agencies past the terms of their contracts at
the expense of other qualified civil service workers. This
bill would help address this problem by limiting visiting
educators to a maximum four-year term, the same time
allowed for temporary employees at all other state
agencies."
3) OPPOSITION :
None to date
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