Existing law authorizes a school district to adopt a merit system that establishes how the governing board of the school district employs, pays, and otherwise controls the services of classified employees of the school district. Existing law requires a school 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 school district or of the commission, except for specified positions that are exempt from the classified service. Existing law requires positions established for the employment of community representatives in advisory or consulting capacities for not more than 90 working days, or a total of 720 hours, in a fiscal year to be exempt from the classified service, as provided.

This bill would instead require positions established for the employment of community representatives in advisory or consulting capacities to be considered part of the classified service. To the extent the bill would impose additional duties on school 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.

Existing law authorizes a school district to adopt a merit system that establishes how the governing board of the school district employs, pays, and otherwise controls the services of classified employees of the school district. Existing law requires a school 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 school district or of the commission, except for specified positions that are exempt from the classified service. Existing law requires positions established for the employment of community representatives in advisory or consulting capacities for not more than 90 working days, or a total of 720 hours, in a fiscal year to be exempt from the classified service, as provided.

This bill would instead require positions established for the employment of community representatives in advisory or consulting capacities to be considered part of the classified service. To the extent the bill would impose additional duties on school 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.

Existing law authorizes a school district to adopt a merit system that establishes how the governing board of the school district employs, pays, and otherwise controls the services of classified employees of the school district. Existing law requires a school 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 school district or of the commission, except for specified positions that are exempt from the classified service. Existing law requires positions established for the employment of community representatives in advisory or consulting capacities for not more than 90 working days, or a total of 720 hours, in a fiscal year to be exempt from the classified service. service, as provided.

Existing law authorizes a school district to adopt a merit system that establishes how the governing board of the school district employs, pays, and otherwise controls the services of classified employees of the school district. Existing law requires a school 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 school district or of the commission, except for specified positions that are exempt from the classified service. Existing law requires positions established for the employment of community representatives in advisory or consulting capacities for not more than 90 working days, or a total of 720 hours, in a fiscal year to be exempt from the classified service.

This bill would make nonsubstantive changes to the latter provision.

 THIRD READING  

Bill No: AB 2261

Author:

:

Vote:

SENATE LABOR & IND. REL. COMMITTEE: 4-1, 6/13/18

AYES: Lara, Jackson, Mitchell, Wieckowski

NOES: Stone

SENATE APPROPRIATIONS COMMITTEE: 5-2, 8/16/18

AYES: Portantino, Beall, Bradford, Hill, Wiener

NOES: Bates, Nielsen

ASSEMBLY FLOOR: 53-25, 5/29/18 - See last page for vote

SUBJECT:

SOURCE: Service Employees International Union

DIGEST:

This bill requires positions established for the employment of community representatives in advisory or consulting capacities in elementary and secondary school districts to be considered part of the classified service.

ANALYSIS:

Existing law:

1. Defines “classification” within a school district or community college as having 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 each such position, and the regular monthly salary ranges for each such position, as well as associated benefits. (Education Code §§45100, 45101, & 88001)
2. Allows school districts and community college districts to employ and classify non-academic employees who do not require certification, and requires those employees be placed in the “classified service”. (Education Code §45103)
3. Exempts part time playground positions, students, apprentices, and temporary professional experts from classified service in both school districts and community colleges if the person is not also employed in a classified position or is in a temporary position employed by a community college. (Education Code §45256)
4. Exempts community representatives in advisory or consulting capacities from classified service if the following is applicable:
   1. The representative is employed for not more than 90 working days, or a total of 720 hours.
   2. The authorized duties are not those normally assigned to a class of positions in the classified service.
   3. The authorized duties are approved by the personnel commission in advance of employment.
   4. A regular classified employee of the school district shall not receive a concurrent appointment to such a position.

This bill repeals the exemption for community representatives from the classified service.

Comments

Need for this bill? The author states, “SB 756 (Harmer, 1971) created community representatives. As reflected in a letter by the author Senator John L. Harmer’s letter to Gov. Ronald Reagan, August 2, 1971, it was believed the work would be short-term and the workers not skilled enough to be considered classified employees. It has been 41 years since that bill was enacted, and we still rely on the work of community representatives. We believe that these workers deserve the same benefits as other classified workers, and districts should have the flexibility to employ them for as many hours as they deem fit.”

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Appropriations Committee, this bill could lead to increased administrative and payroll costs for merit schools districts throughout the state. A precise estimate is unknown, but school districts employing these positions would likely incur additional costs resulting from increased retirement benefits, dismissal and appeal rights since they would no longer by “at will” employees, and new hiring and placement procedures. Statewide costs for these activities could be in the high hundreds of thousands to low millions of dollars each year (Proposition 98 General Fund).

SUPPORT: (Verified 8/16/18)

Service Employees International Union (source)

OPPOSITION: (Verified 8/16/18)

None received

ARGUMENTS IN SUPPORT: Service Employees International Union, the sponsor of AB 2261, writes the following in support:

Service Employees International Union (SEIU) is a proud sponsor of Assembly Bill 2261 (Freidman) which would update the Education Code regarding Community Representatives. This position was created in 1971, with the intent that it be used on an intermittent and temporary basis. After more than forty years we believe it is more than appropriate to recognize these workers as permanent employees.

…

Community Representatives equally provide an essential support services to their districts but without the recognition as a classified worker. These workers have certainly established their value to the schools and the communities they serve. This bill recognizes Community Representatives and their work by removing the exemption and hourly cap.

When the community representative position was created, it was seen as short term solution to address political unrest. While social and political issues may have changed over the last few decades the need for these workers remains.

This bill simply updates the Education Code to recognize the value of these workers, while allowing districts to continue to use these workers as needed. For the reasons stated above, we strongly urge your aye vote.

ASSEMBLY FLOOR: 53-25, 5/29/18

AYES: Aguiar-Curry, Arambula, Berman, Bloom, Bonta, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chiu, Chu, Cooley, Cooper, Daly, Eggman, Frazier, Friedman, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Levine, Limón, Low, McCarty, Medina, Mullin, Muratsuchi, Nazarian, O'Donnell, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Mark Stone, Thurmond, Ting, Weber, Wood, Rendon

NOES: Acosta, Travis Allen, Baker, Bigelow, Brough, Chávez, Chen, Choi, Cunningham, Dahle, Flora, Fong, Gallagher, Harper, Kiley, Lackey, Maienschein, Mathis, Mayes, Melendez, Obernolte, Patterson, Steinorth, Voepel, Waldron

Prepared by:

8/18/18 13:41:50

**** END ****

SENATE COMMITTEE ON

Senator Anthony Portantino, Chair

2017 - 2018 Regular Session

AB 2261 (Friedman) - School employees: merit system: classified service: community representatives

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

This bill removes community representatives in advisory or consulting capacities in school districts from the list of employees exempted from classified service.

Fiscal Impact:

This bill could lead to increased administrative and payroll costs for merit schools districts throughout the state. A precise estimate is unknown, but school districts employing these positions would likely incur additional costs resulting from increased retirement benefits, dismissal and appeal rights since they would no longer by “at will” employees, and new hiring and placement procedures. Statewide costs for these activities could be in the high hundreds of thousands to low millions of dollars each year (Proposition 98 General Fund).

Background:

Existing law defines “classification” within a school district or community college as having 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 each such position, and the regular monthly salary ranges for each such position, as well as associated benefits.

Existing law allows school districts and community college districts to employ and classify non-academic employees who do not require certification, and requires those employees be placed in the “classified service”. However, the law exempts part time playground positions, students, apprentices, and temporary professional experts from classified service in both school districts and community colleges if the person is not also employed in a classified position or is in a temporary position employed by a community college. Existing law also exempts community representatives in advisory or consulting capacities from classified service if the following is applicable:

1. The representative is employed for not more than 90 working days, or a total of 720 hours.
2. The authorized duties are not those normally assigned to a class of positions in the classified service.
3. The authorized duties are approved by the personnel commission in advance of employment.
4. A regular classified employee of the school district shall not receive a concurrent appointment to such a position.

A community representative is someone who operates in an unclassified position as an adviser or consultant to the district and participates in efforts to maximize local educational activities in relation to local community needs. As an example, a community representative may collaborate with other school personnel to coordinate services for parents and help incorporate community ideas into proposals regarding the most effective use of facilities and educational materials.

Proposed Law:

This bill repeals the exemption for community representatives from the classified service.

Related Legislation:

AB 670 (Thurmond, Chapter 582, Statutes of 2017) removes the provision exempting playground positions from classified service within school districts if they are not also employed in a classified position.

-- END --

SENATE COMMITTEE ON LABOR AND INDUSTRIAL RELATIONS

Senator Ricardo Lara, Chair

2017 - 2018 Regular

Bill No: AB 2261 Hearing Date: June 13, 2018

Subject: School employees: merit system: classified service: community representatives

KEY ISSUE

Should the Legislature require positions established for the employment of community representatives in advisory or consulting capacities in elementary and secondary school districts to be considered part of the classified service?

ANALYSIS

Existing law:

1. Defines “classification” within a school district or community college as having 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 each such position, and the regular monthly salary ranges for each such position, as well as associated benefits. (Education Code §§45100, 45101, & 88001)
2. Allows school districts and community college districts to employ and classify non-academic employees who do not require certification, and requires those employees be placed in the “classified service”. (Education Code §45103)
3. Exempts part time playground positions, students, apprentices, and temporary professional experts from classified service in both school districts and community colleges if the person is not also employed in a classified position or is in a temporary position employed by a community college. (Education Code §45256)
4. Exempts community representatives in advisory or consulting capacities from classified service if the following is applicable:
5. The representative is employed for not more than 90 working days, or a total of 720 hours.
6. The authorized duties are not those normally assigned to a class of positions in the classified service.
7. The authorized duties are approved by the personnel commission in advance of employment.
8. A regular classified employee of the school district shall not receive a concurrent appointment to such a position.

This bill repeals the exemption for community representatives from the classified service.

COMMENTS

1. Need for this bill?

The author states the following:

“SB 756 (Harmer, 1971) created community representatives. As reflected in a letter by the author Senator John L. Harmer’s letter to Gov. Ronald Reagan, August 2, 1971, it was believed the work would be short-term and the workers not skilled enough to be considered classified employees. It has been 41 years since that bill was enacted, and we still rely on the work of community representatives. We believe that these workers deserve the same benefits as other classified workers, and districts should have the flexibility to employ them for as many hours as they deem fit.”

2. Proponent Arguments:

Service Employees International Union, the sponsor of AB 2261, writes the following in support:

“Service Employees International Union (SEIU) is a proud sponsor of Assembly Bill 2261 (Freidman) which would update the Education Code regarding Community Representatives. This position was created in 1971, with the intent that it be used on an intermittent and temporary basis. After more than forty years we believe it is more than appropriate to recognize these workers as permanent employees.

…

Community Representatives equally provide an essential support services to their districts but without the recognition as a classified worker. These workers have certainly established their value to the schools and the communities they serve. This bill recognizes Community Representatives and their work by removing the exemption and hourly cap.

When the community representative position was created, it was seen as short term solution to address political unrest. While social and political issues may have changed over the last few decades the need for these workers remains.

This bill simply updates the Education Code to recognize the value of these workers, while allowing districts to continue to use these workers as needed. For the reasons stated above, we strongly urge your aye vote.”

3. Opponent Arguments:

None on file.

4. Prior Legislation:

AB 670 (Thurmond), Chapter 582, Statutes of 2017, removes the provision exempting playground positions from the classified service within school districts if the person is not also employed in a classified position.

SUPPORT

Service Employees International Union (Sponsor)

OPPOSITION

None on file.

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 2261

Author:(Friedman)

As Amended Ver:March 20, 2018

Majority vote

SUMMARY: Amends existing law by requiring positions established for the employment of community representatives in advisory or consulting capacities in elementary and secondary school districts to be considered part of the classified service. Specifically, this bill:

1. Repeals provisions in existing law that exempt positions established for the employment of community representatives in advisory or consulting capacities from classified service; thereby making them part of the classified service.
2. Provides for reimbursement to local agencies and school districts for costs if the Commission on State Mandates determines that this measure contains costs mandated by the state.

EXISTING LAW: Relating to elementary and secondary school districts, exempts certain positions from the classified service, including positions established for the employment of community representatives in advisory or consulting capacities for 90 days or less, or a total of 720 hours, in a fiscal year, based on specific conditions.

FISCAL EFFECT: According to the Assembly Appropriations Committee, this bill would result in "increased and ongoing administrative and payroll costs of approximately $1.3 million across affected school districts (General Fund/ Proposition 98.)"

COMMENTS: According to the author, "[c]ommunity representatives play a crucial role in connecting schools with the students and families that they serve. They're the link to the neighborhood, and for disadvantaged communities, or those with a higher number of English language learners, they've worked to both identify problems and barriers, and develop solutions. After over 40 years, these workers deserve the same benefits as other classified workers, and districts should have the flexibility to employ them for as many hours as they deem fit.

'The position of community representative was created initially with the understanding that it would be temporary. As such, their hours were limited and they were exempted from the classified service. Over time, districts have realized the value of community representatives and the important role they serve in connecting schools with the students and families they serve. Despite this, the position has never been updated in the Education Code."

Analysis Prepared by: Michael Bolden / P.E.,R., & S.S. / (916) 319-3957 FN: 0003138

Date of Hearing: May 2, 2018

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 2261

Author:(Friedman) – As Amended Ver:March 20, 2018

Urgency: No State Mandated Local Program: Yes Reimbursable: Yes

SUMMARY:

This bill removes community representatives in advisory or consulting capacities in elementary and secondary school districts from the list of employees exempted from classified service.

FISCAL EFFECT:

1. Increased administrative and payroll costs of approximately $1.3 million ongoing across affected school districts. (General Fund / Proposition 98)
2. Significant one-time, and potentially reimbursable, costs for affected employers to collectively bargain with new classified employees.

COMMENTS:

1. Background and purpose. A community representative serves as an adviser or consultant to the school district and participates in efforts to maximize local educational activities in relation to local community needs. For example, a community representative collaborates with other school personnel to coordinate services for parents and helps incorporate community attitudes and ideas into proposals regarding the most effective use of facilities and educational materials.

According to the author, AB 2261 will give community workers the same benefits as other classified workers. The author notes that these workers play a crucial role in connecting schools with the students and families they serve.

1. Costs of this bill. The committee assumes that there are approximately 1,250 community representatives across merit school districts, and that these representatives work an average four hours a day, resulting in increased benefits (such as paid vacation and paid leave) cost of $1,050 per employee.
2. Related legislation. AB 2160 (Thurmond), of the 2017-18 Legislative Session, repeals the exemption from classified service that applies to part-time playground aides in merit school districts and community college districts. AB 2160 is also being heard today in this committee.
3. Recent legislation. AB 670 (Thurmond), Chapter 592, Statutes of 2017, repeals the provisions in existing law exempting part-time playground aides from the classified service in school districts.

Analysis Prepared by: Luke Reidenbach / APPR. / (916) 319-2081

Date of Hearing: April 18, 2018

ASSEMBLY COMMITTEE ON PUBLIC EMPLOYEES, RETIREMENT, AND SOCIAL SECURITY

Freddie Rodriguez, Chair

ABPCA Bill Id:AB 2261 (

Author:Friedman) – As Amended Ver:March 20, 2018

SUBJECT: School employees: merit system: classified service: community representatives

SUMMARY: Amends existing law by requiring positions established for the employment of community representatives in advisory or consulting capacities in elementary and secondary school districts to be considered part of the classified service. Specifically, this bill:

1) Repeals provisions in existing law that exempt positions established for the employment of community representatives in advisory or consulting capacities, as specified, from classified service; thereby making them part of the classified service.

2) Provides for reimbursement to local agencies and school districts for costs if the Commission on State Mandates determines that this measure contains costs mandated by the state.

EXISTING LAW: Relating to elementary and secondary school districts, exempts certain positions from the classified service, as specified, including positions established for the employment of community representatives in advisory or consulting capacities for 90 days or less, or a total of 720 hours, in a fiscal year, based on certain specified conditions.

FISCAL EFFECT: Unknown. This bill has been flagged fiscal by Legislative Counsel.

COMMENTS: According to the author, “[c]ommunity representatives play a crucial role in connecting schools with the students and families that they serve. They’re the link to the neighborhood, and for disadvantaged communities, or those with a higher number of English language learners, they’ve worked to both identify problems and barriers, and develop solutions. After over 40 years, these workers deserve the same benefits as other classified workers, and districts should have the flexibility to employ them for as many hours as they deem fit.”

The author further states that, “[t] he position of community representative was created initially with the understanding that it would be temporary. As such, their hours were limited and they were exempted from the classified service. Over time, districts have realized the value of community representatives and the important role they serve in connecting schools with the students and families they serve. Despite this, the position has never been updated in the Education Code.”

Related/Prior Legislation

Assembly Bill 2160 (Thurmond) would repeal the exemption from classified service that applies to part-time playground aides in school districts and community college districts. This bill was passed by the Assembly Committee on Public Employees, Retirement, and Social Security on April 4, 2018 and is currently pending in the Assembly Committee on Higher Education.

Chapter 592, Statutes of 2017 (AB 670, Thurmond) repealed the provisions in existing law exempting part-time playground aides from the classified service in merit school districts.

REGISTERED SUPPORT / OPPOSITION:

Support

None on file.

Opposition

None on file.

Analysis Prepared by: Michael Bolden / P.E.,R., & S.S. / (916) 319-3957