Bill Text: CA AB2931 | 2023-2024 | Regular Session | Amended
Bill Title: Community colleges: classified employees: merit system: part-time student-tutors.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2024-07-03 - From committee: Do pass and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (July 3). Re-referred to Com. on APPR. [AB2931 Detail]
Download: California-2023-AB2931-Amended.html
|
Amended
IN
Assembly
April 11, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 2931
| Introduced by Assembly Member Mike Fong |
February 15, 2024 |
An act to amend Section 88076 of the Education Code, relating to community colleges.
LEGISLATIVE COUNSEL'S DIGEST
AB 2931, as amended, Mike Fong.
Community colleges: classified employees: merit system: part-time student-tutors.
Existing law authorizes 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 community college district. Existing law requires a 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 of the commission. Existing law exempts certain positions and employees from the classified service, including 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. Under existing law, any person who willfully or through culpable negligence violates certain provisions that apply to
community college district merit systems is guilty of a misdemeanor.
This bill would additionally exempt from the classified service part-time students employed part time as student-tutors by their community college district of enrollment. Because a violation of the bill would be a crime, 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 no reimbursement is required by this act for a specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
It is the intent of the Legislature that part-time students employed part time as student-tutors by their community college district of enrollment are hired to supplement, not supplant, existing classified staff within the community college district.SECTION 1.SEC. 2.
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) Part-time students employed part time as student-tutors by their community college district of enrollment.
(5) Apprentice positions.
(6) 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) This section shall not prevent an employee who has attained regular status in a full-time position from taking a voluntary reduction in time and retaining the employee’s 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.
