Bill Text: CA AB2088 | 2023-2024 | Regular Session | Amended
Bill Title: K–14 classified employees: part-time or full-time vacancies: public postings.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-04-24 - From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 2.) (April 23). Re-referred to Com. on APPR. [AB2088 Detail]
Download: California-2023-AB2088-Amended.html
|
Amended
IN
Assembly
March 18, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 2088
| Introduced by Assembly Member McCarty |
February 05, 2024 |
An act to amend Section 45108.7 of add Sections 45139.5 and 88039 to the Education Code, relating to classified employees.
LEGISLATIVE COUNSEL'S DIGEST
AB 2088, as amended, McCarty.
Classified employees: senior management employees. K–14 classified employees: part-time or full-time vacancies: public postings.
Existing law requires county offices of education and the governing boards of school districts and community college districts, except those incorporating the merit system, to employ persons for positions not requiring certification qualifications or that are not academic, as applicable, and to classify those employees and positions, and requires that they be known as the classified service, as provided.
This bill would require these governing boards and county offices, including those incorporating the merit system and including certain joint powers authorities formed by them, to offer vacancies for part-time or full-time positions, as a right of first refusal for 10 business days, with specified priorities, to current regular nonprobationary classified
employees who meet the minimum job qualifications of the position at the time of application, as specified. The bill would require these employers, referred to in the bill as education employers, to adhere to specified requirements, including, among others, that they provide all of their classified employees and their exclusive representatives notice of, and instructions for applying for, any new classified position, and that they not offer the position to any applicant until after the position has been noticed for 10 business days. The bill would expressly prohibit retaliation against classified employees for either refusing or accepting a vacancy.
The bill would authorize an employee who accepts a new assignment to elect to either add the hours for the new assignment to their current assignment, if feasible, or, if the new assignment is more hours than their
current assignment, would authorize the employee to replace their current assignment with the new assignment, and would require the education employer to provide reasonable modifications to the assignment schedules to allow the employee to work both assignments, as provided.
The bill would require an education employer to accept a current part-time employee’s number of years of service with the education employer, regardless of the capacity in which they were earned, when that part-time employee applies for an additional part-time assignment that requires a certain number of years of service. The bill would require that classified employees who work part-time assignments that equal the number of hours for a full-time assignment for the same education employer receive the same benefits as employees who work a full-time assignment. The bill would prohibit
applicants from being offered a vacancy if the total of the regular hours of the 2 positions would require overtime pay or otherwise violate the federal Fair Labor Standards Act of 1938 or any other state or federal law.
Existing law requires a person laid off by a county office of education, school district, or community college district because of lack of work or funds to be eligible for reemployment for period of 39 months, as specified.
This bill would provide that its provisions do not supersede that reemployment requirement, do not apply to an education employer with a valid contravening collective bargaining agreement in effect on January 1, 2025, until the expiration or renewal of that agreement, and may be waived or modified by mutual agreement in a valid collective bargaining agreement, as specified. The
bill would not apply to (1) an employee who is in the process of completing a written performance improvement plan, who was previously involuntarily demoted from the same position as the vacancy, who has been suspended, or who is the subject of a pending disciplinary action for suspension or dismissal, or (2) confidential or management employees or vacancies for their positions, as provided.
Existing law authorizes local educational agencies to employ persons as part of the classified service. Each position of the classified service is required to have a designated title, a regular minimum number of assigned hours per day, days per week, and months per year, a specific statement of the duties required to be performed by the employees in that position, and regular monthly salary ranges for that position. Existing law authorizes school district governing boards to apply to the State Board of Education to waive a provision of existing law that, among other things, limits the number of employees in the classified service that a school district may employ as senior management employees, as defined.
This bill would make nonsubstantive changes to the latter provision.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 45139.5 is added to the Education Code, to read:45139.5.
(a) Notwithstanding any other law, except Section 45298, vacancies for part-time and full-time positions of an education employer shall be offered with priority to current regular nonprobationary classified employees who meet the minimum job qualifications of the position at the time of their application for the position. The education employer shall adhere to the following requirements:(1) The education employer shall provide all of its classified employees and their exclusive representatives notice of, and instructions for applying for, any new classified position at least 10 business days before the general public is authorized to apply for the position. In order to qualify for the right of first refusal to that position pursuant to
this section, an employee must apply for the position within 10 business days of the notice. The education employer shall not offer the position to any applicant until that 10-day period has expired, and may only award the position in accordance with the requirements of this section. If no qualified, internal candidate applies for or accepts the new position within at least 10 business days after the education employer provides notice, only then may the education employer offer the new position to an external applicant.
(2) (A) An education employer shall grant the new position as a right of first refusal to a current regular nonprobationary classified employee who applies for the position and who meets the minimum job qualifications of the position at the time of their application for the position. If there is more than one such applicant, then the right of first refusal shall be granted to a qualified, internal applicant
who is selected according to the method of selection from among multiple applicants that has been collectively bargained between the education employer and the applicable exclusive representative of those employees. If no such method is set forth in a valid collective bargaining agreement between the education employer and the applicable exclusive representative, then priority among those applicants shall be determined as follows:
(i) First, among applicants currently working in the same classification as the new position for whom the new position would represent an increase in hours, priority shall be by seniority, as determined by date of hire in the current job classification, regardless of number of hours, and if two or more such applicants have the same date of hire, then by drawing lots.
(ii) If there are no qualified applicants from the same classification, then among
applicants in other classifications for whom the new position would represent an increase in hours or wages, awarding the position among those applicants according to the education employer’s standard method of selection.
(B) In no case, except pursuant to Section 45298, shall the education employer select someone for an open position who is not currently employed by the education employer if there is at least one current regular nonprobationary classified employee who has applied for and would accept the position, and who meets the minimum job qualifications of the position at the time of their application for the position.
(3) An employee who accepts a new assignment may elect to either add the hours for the new assignment to their current assignment, if feasible, or, if the new assignment is more hours than their current assignment, the employee may replace their current
assignment with the new assignment. If the employee elects to add the new assignment to their current assignment and the hours for the new assignment overlap with the hours for their current assignment, the education employer shall provide reasonable modifications to the assignment schedules to allow the employee to work both assignments. This paragraph shall not be construed as to require an education employer to grant additional hours that would qualify the employee for overtime pay.
(b) An education employer shall accept a current part-time employee’s number of years of service with the education employer, regardless of the capacity in which they were earned, when that part-time employee applies for an additional part-time assignment that requires a certain number of years of service.
(c) Classified employees who work part-time assignments that equal the number of hours for a
full-time assignment for the same education employer shall receive the same benefits as employees who work a full-time assignment.
(d) Classified employees shall not be retaliated against for either refusing a vacancy or accepting a vacancy.
(e) Notwithstanding subdivision (a), applicants shall not be offered a vacancy if the total of the regular hours of the two positions would require overtime pay or otherwise violate the federal Fair Labor Standards Act of 1938 (29 U.S.C. Sec. 201 et seq.) or any other state or federal law.
(f) This section shall apply to county offices of education, school districts, and joint powers authorities comprising county offices of education or school districts, regardless of whether the county office of education, school district, or joint powers authority comprising county offices of
education or school districts has adopted the merit system.
(g) For purposes of this section, “education employer” means a county office of education, school district, or joint powers authority comprised of county offices of education or school districts.
(h) (1) This section shall not apply to an employee who is in the process of completing a written performance improvement plan, who was previously involuntarily demoted from the same position as the vacancy, who has been suspended, or who is the subject of a pending disciplinary action for suspension or dismissal.
(2) This section shall not apply to confidential or management employees, as defined pursuant to subdivisions (c) and (g), respectively, of Section 3540.1 of the Government Code, nor to vacancies for confidential or management
positions.
(i) This section does not supersede the rights provided to a person pursuant Section 45298.
(j) (1) To the extent that this section conflicts with a provision of a valid collective bargaining agreement entered into by an education employer and an exclusive bargaining representative pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, and that is in effect as of January 1, 2025, this section shall not apply to the education employer until the expiration or renewal of that collective bargaining agreement.
(2) The requirements of this section may be waived or modified by mutual agreement pursuant to a valid collective bargaining agreement entered into by an education employer and an exclusive bargaining representative pursuant to
Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, provided that the waiver or modification is explicitly stated in the agreement and directly references this section.
SEC. 2.
Section 88039 is added to the Education Code, to read:88039.
(a) Notwithstanding any other law, except Section 88117, vacancies for part-time and full-time positions of an education employer shall be offered with priority to current regular nonprobationary classified employees who meet the minimum job qualifications of the position, or who could meet the minimum job qualifications of the position at the time of their application for the position. The education employer shall adhere to the following requirements:(1) The education employer shall provide all of its classified employees and their exclusive representatives notice of, and instructions for applying for, any new classified position at least 10 business days before the general public is authorized to apply for the position. In order to qualify
for the right of first refusal to that position pursuant to this section, an employee must apply for the position within 10 business days of the notice. The education employer shall not offer the position to any applicant until that 10-day period has expired, and may only award the position in accordance with the requirements of this section. If no qualified, internal candidate applies for or accepts the new position within at least 10 business days after the education employer provides notice, only then may the education employer offer the new position to an external applicant.
(2) (A) An education employer shall grant the new position as a right of first refusal to a current regular nonprobationary classified employee who applies for the position and who meets the minimum job qualifications of the position at the time of their application for the position. If there is more than one such applicant, then the right of first
refusal shall be granted to a qualified, internal applicant who is selected according to the method of selection from among multiple applicants that has been collectively bargained between the education employer and the applicable exclusive representative of those employees. If no such method is set forth in a valid collective bargaining agreement between the education employer and the applicable exclusive representative, then priority among those applicants shall be determined as follows:
(i) First, among applicants currently working in the same classification as the new position for whom the new position would represent an increase in hours, priority shall be by seniority, as determined by date of hire in the current job classification, regardless of number of hours, and if two or more such applicants have the same date of hire, then by drawing lots.
(ii) If there are no
qualified applicants from the same classification, then among applicants in other classifications for whom the new position would represent an increase in hours or wages, awarding the position among those applicants according to the education employer’s standard method of selection.
(B) In no case, except pursuant to Section 88117, shall the education employer select someone for an open position who is not currently employed by the education employer if there is at least one current regular nonprobationary classified employee who has applied for and would accept the position, and who meets the minimum job qualifications of the position at the time of their application for the position.
(3) An employee who accepts a new assignment may elect to either add the hours for the new assignment to their current assignment, if feasible, or, if the new assignment is more hours than their
current assignment, the employee may replace their current assignment with the new assignment. If the employee elects to add the new assignment to their current assignment and the hours for the new assignment overlap with the hours for their current assignment, the education employer shall provide reasonable modifications to the assignment schedules to allow the employee to work both assignments. This paragraph shall not be construed as to require an education employer to grant additional hours that would qualify the employee for overtime pay.
(b) An education employer shall accept a current part-time employee’s number of years of service with the education employer, regardless of the capacity in which they were earned, when that part-time employee applies for an additional part-time assignment that requires a certain number of years of service.
(c) Classified employees who work
part-time assignments that equal the number of hours for a full-time assignment for the same education employer shall receive the same benefits as employees who work a full-time assignment.
(d) Classified employees shall not be retaliated against for either refusing a vacancy or accepting a vacancy.
(e) Notwithstanding subdivision (a), applicants shall not be offered a vacancy if the total of the regular hours of the two positions would require overtime pay or otherwise violate the federal Fair Labor Standards Act of 1938 (29 U.S.C. Sec. 201 et seq.) or any other state or federal law.
(f) This section shall apply to community college districts and joint powers authorities comprising community college districts, regardless of whether a community college district or joint powers authority comprising community college
districts has adopted the merit system.
(g) For purposes of this section, “education employer” means a community college district or joint powers authority comprising community college districts.
(h) (1) This section shall not apply to an employee who is in the process of completing a written performance improvement plan, who was previously involuntarily demoted from the same position as the vacancy, who has been suspended, or who is the subject of a pending disciplinary action for suspension or dismissal.
(2) This section shall not apply to confidential or management employees, as defined pursuant to subdivisions (c) and (g), respectively, of Section 3540.1 of the Government Code, nor to vacancies for confidential or management positions.
(i) This section does not supersede the rights provided to a person pursuant Section 88117.
(j) (1) To the extent that this section conflicts with a provision of a valid collective bargaining agreement entered into by an education employer and an exclusive bargaining representative pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, and that is in effect as of January 1, 2025, this section shall not apply to the education employer until the expiration or renewal of that collective bargaining agreement.
(2) The requirements of this section may be waived or modified by mutual agreement pursuant to a valid collective bargaining agreement entered into by an education employer and an exclusive bargaining representative pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1
of the Government Code, provided that the waiver or modification is explicitly stated in the agreement and directly references this section.
The governing board of a school district may apply to the state board to waive Section 45108.5 for purposes of expanding the number and type of senior management positions.
