BILL NUMBER: AB 1807 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 6, 2010
INTRODUCED BY Assembly Members Fong and Nava
(Principal coauthor: Assembly Member Ma)
FEBRUARY 10, 2010
An act to amend Section 87482.5 of the Education Code, relating to
community colleges.
LEGISLATIVE COUNSEL'S DIGEST
AB 1807, as amended, Fong. California Community Colleges:
temporary employees.
Existing law establishes the California Community Colleges under
the administration of the Board of Governors of the California
Community Colleges. Existing law authorizes the establishment of
community college districts under the administration of community
college governing boards, and authorizes these districts to provide
instruction at community college campuses throughout the state.
Existing law requires that a person employed to teach adult or
community college classes for not more than 67% of the hours per week
considered a full-time assignment for regular employees having
comparable duties, excluding substitute service, be classified as a
temporary employee.
This bill would require a community college district to place the
name of a temporary employee employed under those provisions, who
meets specified requirements, on a reemployment preference list
and determine designated areas of faculty assignments, or other
locally bargained determinations of service or discipline areas
associated with faculty assignments . The bill would provide a
temporary employee on that list with specified rights of first
refusal to a teaching assignment in his or her faculty
service area, as defined designated area of faculty
assignment, or another locally bargained determination of service or
discipline area .
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 87482.5 of the Education Code is amended to
read:
87482.5. (a) Notwithstanding any other law, a person who is
employed to teach adult or community college classes for not more
than 67 percent of the hours per week considered a full-time
assignment for regular employees having comparable duties shall be
classified as a temporary employee, and shall not become a contract
employee under Section 87604.
(b) Service as a substitute on a day-to-day basis by persons
employed under this section shall not be used for purposes of
calculating eligibility for contract or regular status.
(c) (1) Service in professional ancillary activities by persons
employed under this section, including, but not necessarily limited
to, governance, staff development, grant writing, and advising
student organizations, shall not be used for purposes of calculating
eligibility for contract or regular status unless otherwise provided
for in a collective bargaining agreement applicable to a person
employed under this section.
(2) This subdivision shall not be construed to affect the
requirements of subdivision (d) of Section 84362.
(d) (1) A district shall place on a reemployment
preference list for each faculty service area, as defined by Section
87743.1, Through local bargaining, a district shall
determine designated areas of faculty assignments, or other locally
bargained determinations of service or discipline areas,
including, but not limited to, faculty service areas as defined by
Section 87743.1, associated with faculty assignments, and place on a
reemployment preference list for each area the name of each
temporary employee subject to this section who meets all of the
following criteria:
(A) Completion of six semesters or nine quarters of employment at
a community college within the period of the six most recent academic
years of employment at the community college. Subject to the terms
of a local collective bargaining agreement, this minimum term may be
a lesser number of semesters or quarters.
(A) Completion of a specified number of semesters or quarters of
employment at a community college, as determined by the terms of a
local collective bargaining agreement, within the period of the four
most recent academic years of employment at the community college.
(B) Has no break in service exceeding 24 consecutive months within
the period of the six four most recent
academic years of employment at the community college. Subject to
the terms of a local collective bargaining agreement, the maximum
break in service may be a greater number of consecutive months.
As used in this subdivision, a "break in service" does not mean
involuntary breaks, or breaks resulting from permissible leaves of
absence.
(C) Has at least one assignment per term of employment within a
faculty service area designated area of
faculty assignment, or another locally bargained determination of
service or discipline area, as determined pursuant to subparagraph
(A) , at a minimum of 20 percent of a full-time load or the
equivalent thereof.
(D) The employee's most recent evaluation of performance was
satisfactory, or and the employee is in
good standing under the terms of the applicable local collective
bargaining agreement.
(2) For purposes of placing employee names on the
reemployment preference list, the list shall be prioritized based on
the earliest date of hire. Subject to the terms of a local collective
bargaining agreement, this priority may, instead, be based on the
number of semesters employed at a community college district or other
professional employment rankings The names on the
reemployment preference list shall be prioritized subject to the
terms of a local collective bargaining agreement . For purposes
of ranking employees pursuant to this paragraph, the community
college district shall utilize existing personnel documentation and
practices.
(3) The district shall provide a temporary employee whose name
appears on the list described in paragraph (1) with the right of
first refusal to teach an assignment in the faculty service
area, for any semester or quarter, that is equal to either the total
number of hours or units assigned to the employee for the prior
semester or quarter of employment or designated area
of faculty assignment, or another locally bargained determination of
service or discipline area, as determined pursuant to subparagraph
(A) of paragraph (1), for the number of hours or units set
forth under the terms of the applicable local collective bargaining
agreement. The employee shall have the right of first refusal to
teach that assignment before any person who is ranked lower on the
reemployment preference list or whose name does not appear on that
list, for as long as there is a need for the assignment for which the
employee is qualified and as long as the employee's name remains on
the list pursuant to this subdivision.
(4) If a reduction in course offerings, funding, or enrollment
results in the suspension of employment of a temporary employee
subject to this section, the employee's name shall remain on the list
described in paragraph (1), and the employee shall continue to have
the right of first refusal described in paragraph (3), for a period
not exceeding two years after the last date on which the employee
would have been eligible to be placed on the list. Subject to the
terms of a local collective bargaining agreement, that period may be
a greater number of years, semesters, or quarters.
(5) A determination as to the effect of an assessment of
performance or good standing, course scheduling and assignment
priority, a break in service, program needs and reductions, removal
from the reemployment preference list and procedures for that
removal, consideration for an increase in assignment, or any other
matters affecting the reemployment preference under this subdivision,
is subject to local collective bargaining agreements.
(6) Employment rights established by this subdivision shall not be
construed as a reasonable assurance of reemployment for purposes of
unemployment compensation eligibility between academic terms.
(7) Compliance with this subdivision may be addressed through
local collective bargaining units, the Public Employment Relations
Board, or any other appropriate governmental
agency , or as otherwise provided by law .
(e) (1) It is the intent of the Legislature that subdivision (d)
should supplement, and not supplant, reemployment preference rights
negotiated pursuant to local collective bargaining agreements in
effect, or any other reemployment preference rights established at
the local level, on or before January 1, 2011.
(2) If the provisions of this section are in conflict with the
terms of a collective bargaining agreement in effect on or before
January 1, 2011, the provisions of this section shall govern the
employees subject to that agreement upon the expiration of the
agreement.