California Assembly Bill AB1712 Amended / Bill

 BILL NUMBER: AB 1712AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 13, 2010 AMENDED IN ASSEMBLY MARCH 18, 2010 INTRODUCED BY Assembly Member Furutani FEBRUARY 2, 2010 An act to add Sections 45211 and 88211 to the Education Code, relating to school employees. LEGISLATIVE COUNSEL'S DIGEST AB 1712, as amended, Furutani. School employees: leaves of absence: classified employees elected to Legislature. (1) Existing law requires that every person employed by a school district as a permanent employee in a position requiring certification qualifications who is elected to the Legislature be granted a leave of absence from his or her duties as an employee of the district by the governing board of the district, as specified. This bill would provide the same leave rights to a permanent employee in classified service who is elected to the Legislature and serves on or after December 6, 2010. Existing law requires that the governing board of a community college district grant to any classified employee, upon request, a leave of absence without loss of compensation for the purpose of enabling the employee to serve as an elected officer of any local community college district public employee organization, or of any statewide or national public employee organization with which the local organization is affiliated, as specified. This bill would require that every person who is employed by a community college district as a permanent employee in classified service who is elected to the Legislature, and who serves in the Legislature on or after December 6, 2010, be granted a leave of absence from his or her duties as an employee of the district by the governing board of the district, as specified. Because the bill would impose new duties on school districts and community college districts, it would constitute a state-mandated local program. (2) 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 these statutory provisions. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 45211 is added to the Education Code, to read: 45211. (a) Every person employed by a school district as a permanent employee in classified service who is elected to the Legislature shall be granted a leave of absence from his or her duties as an employee of the district by the governing board of the district. (b) During the term of a leave of absence granted pursuant to this section, an employee may be employed by the school district to perform less than full-time service, for compensation, and upon the terms and conditions, as may be mutually agreed upon. (c) The absence of an employee under this section shall not affect in any way the classification of that employee. (d) Within six months after the expiration of the term of office of an employee granted a leave of absence under this section, he or she shall be entitled to return to the position held by him or her at the time of his or her election, at the salary to which he or she would have been entitled had he or she not been absent from the service of the school district under this section. (e) Notwithstanding any provision of this code to the contrary, a person  employed to take the place of any employee   first employed to take the place of any employee who holds office as a Member of the Assembly or as a State Senator  shall not have any right to the position following the return of the  employee to the position   Member of the Assembly or the State Senator to the position. However, at any time, the employee may be employed or transferred to any vacant classified position in the school district. When that employee is employed or transferred to another classified position, he or she shall attain all of the rights, benefits, and burdens of a classified employee as of the date of the transfer or employment. When a current classified employee agrees to transfer into the position vacated by a Member of the Assembly or a State Senator, the current employee shall retain rights as a classified employee for all purposes  . (f) This section shall apply to any permanent classified school district employee who holds the office of Member of the Assembly or State Senator on or after December 6, 2010. SEC. 2. Section 88211 is added to the Education Code, to read: 88211. (a) Every person employed by a community college district as a permanent employee in classified service who is elected to the Legislature shall be granted a leave of absence from his or her duties as an employee of the district by the governing board of the district. (b) During the term of a leave of absence granted pursuant to this section, the employee may be employed by the community college district to perform less than full-time service, for compensation and upon the terms and conditions, as may be mutually agreed upon. (c) The absence of an employee under this section shall not affect in any way the classification of that employee. (d) Within six months after the expiration of the term of office of an employee granted a leave of absence under this section, he or she shall be entitled to return to the position held by him or her at the time of his or her election, at the salary to which he or she would have been entitled had he or she not been absent from the service of the community college district under this section. (e) Notwithstanding any provision of this code to the contrary, a person  employed to take the place of any employee   first employed to take the place of any employee who hold office as a Member of the Assembly or as a State Senator  shall not have any right to the position following the return of the  employee to the position   Member of the Assembly or the State Senator to the position. However, at any time, the employee may be employed or transferred to any vacant classified position in the community college district. When that employee is employed or transferred to another classified position, he or she shall attain all of the rights, benefits, and burdens of a classified employee as of the date of the transfer or employment. When a current classified employee agrees to transfer into the position vacated by a Member of the Assembly or a State Senator, the current employee shall retain rights as a classified employee for all purposes  . (f) This section shall apply to any permanent classified community college district employee who holds the office of Member of the Assembly or State Senator on or after December 6, 2010. SEC. 3. 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. ____ CORRECTIONS Text--Page 3. ____