BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                   AB 755|
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                                 THIRD READING


          Bill No:  AB 755
          Author:   Brownley (D)
          Amended:  7/23/09 in Senate
          Vote:     21

           
           SENATE PUBLIC EMP. & RET. COMMITTEE  :  4-1, 7/16/09
          AYES:  Correa, Ducheny, Liu, Wiggins
          NOES:  Ashburn
          NO VOTE RECORDED:  Benoit, Padilla

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           ASSEMBLY FLOOR  :  50-25, 5/18/09 - See last page for vote


           SUBJECT  :    Civil service appointments

           SOURCE  :     Service Employees International Union, Local  
          1000


           DIGEST  :    This bill prohibits local educators on loan to a  
          state education agency from serving in temporary  
          assignments in specified positions for more than four  
          years.

           ANALYSIS  :    
          .
          I.   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  
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            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 a compelling program or management need.

             C.   To facilitate the return of injured employees to  
               work.

          II.   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.

          This bill provides that temporary assignments or loans of  
          persons in a represented position (rank and file, not  
          management) shall not exceed four years.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

           SUPPORT  :   (Verified  8/17/09)

          Service Employees International Union, Local 1000 (source)
          California State Employees Association


           ARGUMENTS IN SUPPORT  :    According to the author's office,  
          "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."


           ASSEMBLY FLOOR  : 
          AYES: Ammiano, Arambula, Beall, Block, Blumenfield,  
            Brownley, Buchanan, Caballero, Charles Calderon, Carter,  
            Chesbro, Coto, Davis, De La Torre, De Leon, Evans, Feuer,  
            Fong, Fuentes, Furutani, Galgiani, Hall, Hayashi,  
            Hernandez, Hill, Huber, Huffman, Jones, Krekorian, Lieu,  
            Bonnie Lowenthal, Ma, Mendoza, Monning, Nava, Nestande,  
            John A. Perez, V. Manuel Perez, Portantino, Ruskin,  
            Salas, Skinner, Solorio, Swanson, Torlakson, Torres,  
            Torrico, Tran, Yamada, Bass
          NOES: Anderson, Bill Berryhill, Tom Berryhill, Blakeslee,  
            Conway, Cook, DeVore, Emmerson, Fletcher, Fuller, Gaines,  
            Garrick, Gilmore, Hagman, Harkey, Jeffries, Knight,  
            Logue, Miller, Niello, Nielsen, Silva, Smyth, Audra  
            Strickland, Villines
          NO VOTE RECORDED: Adams, Duvall, Eng, Price, Saldana


          DLW:do  8/19/09   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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