Amended  IN  Senate  July 02, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2160

Introduced by Assembly Member Thurmond

February 12, 2018

An act to amend Sections 45256, 88003, and 88076 of the Education Code, relating to classified employees.


LEGISLATIVE COUNSEL'S DIGEST


AB 2160, as amended, Thurmond. Classified employees: school and community college districts: part-time playground positions.
Existing law authorizes a school district or a community college district to adopt a merit system that establishes how to employ, pay, and otherwise control the services of classified employees of the school district or community college district. Existing law requires a school district or community college district that adopts a merit system to appoint a personnel commission and requires the commission to classify all employees and positions within the jurisdiction of the governing board of the community college district or school district or of the commission, except for specified positions that are exempt from the classified service. Existing law, for purposes of these provisions, exempts part-time playground positions from the classified service, except as specified.
Existing law requires all vacancies in the classified service of a school district or community college district that has adopted the merit system to be filled from applicants on eligibility lists that are made up from promotional examinations or by appointments made by means of transfer, demotion, reinstatement, or reemployment, as specified.
In a community college district not incorporating the merit system, existing law requires the governing board of the community college district to employ persons for positions that are not academic positions, which are known as the classified service. Existing law, for purposes of this provision, exempts part-time playground positions from the classified service.
This bill would delete the above-described provisions exempting part-time playground positions from the classified service, thereby making those positions part of the classified service. The bill would require an employee employed by a school district or community college district in a part-time playground position as of the effective date of the laws placing part-time playground positions into the classified service to be deemed a permanent employee of the school district or community college district without placement on an eligibility list or examination for purposes of placement on an eligibility list. To the extent that the bill would impose additional duties on school districts and community college districts, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 45256 of the Education Code is amended to read:

45256.
 (a) The commission shall classify all employees and positions within the jurisdiction of the governing board of the school district or of the commission, except those that are exempt from the classified service, as specified in subdivision (b). The employees and positions shall be known as the classified service. “To classify” shall include, but not be limited to, allocating positions to appropriate classes, arranging classes into occupational hierarchies, determining reasonable relationships within occupational hierarchies, and preparing written class specifications.
(b) All of the following are exempt from the classified service:
(1) Positions that require certification qualifications.
(2) Full-time students employed part time.
(3) Part-time students employed part time in a college work-study program, or in a work experience education program conducted by a community college district pursuant to Article 7 (commencing with Section 51760) of Chapter 5 of Part 28 of Division 4 and that is financed by state or federal funds.
(4) Apprentice positions.
(5) Positions established for the employment of professional experts on a temporary basis for a specific project by the governing board of the school district or by the commission when so designated by the commission.
(c) (1) Employment of either full-time or part-time students in a college work-study program, or in a work experience education program shall not result in the displacement of classified personnel or impair existing contracts for services.
(2) Nothing in this section shall prevent an employee, who has attained regular status in a full-time position, from taking a voluntary reduction in time and retaining his or her regular status under the provisions of this law.
(d) A person whose contribution consists solely in the rendition of individual personal services and whose employment does not come within the scope of the exceptions listed above shall not be employed outside the classified service.
(e) A part-time position is one for which the assigned time, when computed on an hourly, daily, weekly, or monthly basis, is less than 871/2 percent of the normally assigned time of the majority of employees in the classified service.
(f) An employee employed by a school district in a part-time playground position as of the effective date of the laws placing part-time playground positions into the classified service shall be deemed a permanent employee of the school district without placement on an eligibility list under Section 45272 or examination under Section 45273.

SEC. 2.

 Section 88003 of the Education Code is amended to read:

88003.
 (a) The governing board of a community college district shall employ persons for positions that are not academic positions. The governing board of a community college district, except where Article 3 (commencing with Section 88060) or Section 88137 applies, shall classify all those employees and positions. The employees and positions shall be known as the classified service. Substitute and short-term employees, employed and paid for less than 75 percent of a college year, shall not be a part of the classified service. Apprentices and professional experts employed on a temporary basis for a specific project, regardless of length of employment, shall not be a part of the classified service. Full-time students employed part time, and part-time students employed part time in a college work-study program, or in a work experience education program conducted by a community college district and that is financed by state or federal funds, shall not be a part of the classified service. Unless otherwise permitted, a person whose position does not require certification qualifications shall not be employed by a governing board of a community college district, except as authorized by this section.
(b) “Substitute employee,” as used in this section, means a person employed to replace a classified employee who is temporarily absent from duty. In addition, if the community college district is then engaged in a procedure to hire a permanent employee to fill a vacancy in a classified position, the governing board of the community college district may fill the vacancy through the employment, for not more than 60 calendar days, of one or more substitute employees, except to the extent that a collective bargaining agreement then in effect provides for a different period of time.
(c) “Short-term employee,” as used in this section, means a person who is employed to perform a service for the community college district, upon the completion of which, the service required or similar services will not be extended or needed on a continuing basis. Before employing a short-term employee, the governing board of a community college district, at a regularly scheduled meeting of the governing board of the community college district, shall specify the service required to be performed by the employee pursuant to the definition of “classification” in subdivision (a) of Section 88001, and shall certify the ending date of the service. The ending date may be shortened or extended by the governing board of the community college district, but shall not extend beyond 75 percent of a school year.
(d) “Seventy-five percent of a college year” means 195 working days, including holidays, sick leave, vacation, and other leaves of absences, irrespective of number of hours worked per day.
(e) Employment of either full-time or part-time students in a college work-study program or in a work experience education program shall not result in the displacement of classified personnel or impair existing contracts for services.
(f) This section shall apply only to community college districts not incorporating the merit system as outlined in Article 3 (commencing with Section 88060).
(g) An employee employed by a community college district in a part-time playground position as of the effective date of the laws placing part-time playground positions into the classified service shall be deemed a permanent employee of the community college district without placement on an eligibility list or examination for purposes of placement on an eligibility list.

SEC. 3.

 Section 88076 of the Education Code is amended to read:

88076.
 (a) The commission shall classify all employees and positions within the jurisdiction of the governing board of the community college district or of the commission, except those that are exempt from the classified service, as specified in subdivision (b). The employees and positions shall be known as the classified service. “To classify” shall include, but not be limited to, allocating positions to appropriate classes, arranging classes into occupational hierarchies, determining reasonable relationships within occupational hierarchies, and preparing written class specifications.
(b) The following positions and employees are exempt from the classified service:
(1) Academic positions.
(2) Full-time students employed part time.
(3) Part-time students employed part time in a college work-study program or in a work experience education program conducted by a community college that is financed by state or federal funds.
(4) Apprentice positions.
(5) Positions established for the employment of professional experts on a temporary basis for a specific project by the governing board of a community college district or by the commission when so designated by the commission.
(c) Employment of either full-time or part-time students in a college work-study program or in a work experience education program shall not result in the displacement of classified personnel or impair existing contracts for services.
(d) Nothing in this section shall prevent an employee, who has attained regular status in a full-time position, from taking a voluntary reduction in time and retaining his or her regular status under the provisions of this law.
(e) A person whose contribution consists solely in the rendition of individual personal services and whose employment does not come within the scope of the exceptions listed above shall not be employed outside the classified service.
(f) A part-time position is one for which the assigned time, when computed on an hourly, daily, weekly, or monthly basis, is less than 871/2 percent of the normally assigned time of the majority of employees in the classified service.
(g) An employee employed by a community college district in a part-time playground position as of the effective date of the laws placing part-time playground positions into the classified service shall be deemed a permanent employee of the community college district without placement on an eligibility list under Section 88091 or examination under Section 88092.

SEC. 4.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.