BILL ANALYSIS
AB 755
Page 1
GOVERNOR'S VETO
AB 755 (Brownley)
As Amended July 23, 2009
2/3 vote
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|ASSEMBLY: |50-25|(May 18, 2009) |SENATE: |24-12|(August 31, |
| | | | | |2009) |
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|ASSEMBLY: |49-26|(September 2, | | | |
| | |2009) | | | |
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Original Committee Reference: P.E.,R. & S.S.
SUMMARY : Prohibits local educators on loan to a state
education agency from serving in temporary assignments in
specified positions for more than four years.
The Senate amendments delete the Assembly version of the bill,
and instead:
1)Delete a provision in current law that permits an extension of
a temporary assignment or loan between educational agencies
for up to two additional years upon specified findings.
2)Prohibits a temporary assignment or loan between educational
agencies or jurisdictions from exceeding four years of total
time per individual performing the duties of a represented
classification.
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;
AB 755
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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.
AS PASSED BY THE ASSEMBLY , this bill prohibited 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.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : According to supporters, "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
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."
AB 755
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GOVERNOR'S VETO MESSAGE :
"This bill unnecessarily limits the State's flexibility in the
use of non-state personnel with distinct expertise and
experience. In certain instances, state civil service employees
may not provide the same level of expertise and may be more
costly. The ability for the state to benefit from the expertise
of non-state employees should not be restricted. For these
reasons, I am unable to sign this bill."
Analysis Prepared by : Karon Green / P.E., R. & S.S. / (916)
319-3957
FN: 0003365