California Assembly Bill AB755 Amended / Bill

 BILL NUMBER: AB 755AMENDED BILL TEXT AMENDED IN SENATE JULY 14, 2009 AMENDED IN SENATE JULY 6, 2009 AMENDED IN SENATE JUNE 29, 2009 INTRODUCED BY Assembly Member Brownley FEBRUARY 26, 2009 An act to amend Section 19050.8 of the Government Code, relating to civil service appointments. LEGISLATIVE COUNSEL'S DIGEST AB 755, as amended, Brownley. Civil service appointments. Existing law authorizes the State Personnel Board to prescribe rules governing the temporary assignment or loan of employees within an agency or between agencies or between jurisdictions for specified time limits, for the purpose of providing training to employees, enabling an agency to obtain expertise needed to meet a compelling program or management need, or facilitating the return of injured employees to work. This bill would provide that  no   a  temporary assignment or loan shall  not  exceed 4 years, as specified. Existing law also requires a temporary assignment or loan between educational agencies or jurisdictions to be extended for up to 2 additional years upon a finding that the extension is necessary to substantially complete work on an educational improvement project.  The bill would make that extension permissive instead of mandatory. The bill would also require those educational improvement projects to require a breadth and depth of demonstrated expertise or a level or response that cannot be obtained under normal staffing procedures. The bill would prohibit those temporary assignments or loans from being made or continued if there is a reasonable basis for utilizing the state civil service   This bill would delete that provision and would instead prohibit a temporary assignment or loan between educational agencies or jurisdictions from exceeding 4 years of total time per individual performing the duties of a represented classification in any combina   tion of assignments or loans  . Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 19050.8 of the Government Code is amended to read: 19050.8. The board may prescribe rules governing the temporary assignment or loan of employees within an agency or between agencies for not to exceed two years or between jurisdictions for not to exceed four years for any of the following purposes: (a) To provide training to employees. (b) To enable an agency to obtain expertise needed to meet a compelling program or management need. (c) To facilitate the return of injured employees to work. These temporary assignments or loans shall be deemed to be in accord with this part limiting employees to duties consistent with their class and may be used to meet minimum requirements for promotional as well as open examinations. An employee participating in that arrangement shall have the absolute right to return to his or her former position. Any temporary assignment or loan of an employee made for the purpose specified in subdivision (b) shall be made only with the voluntary consent of the employee. In addition, out-of-class experience obtained in a manner not described in this section may be used to meet minimum requirements for promotional as well as open examinations, only if it was obtained by the employee in good faith and was properly verified under standards prescribed by board rule.  For purposes of this section, a temporary assignment or loan between educational agencies or jurisdictions may be extended for up to two additional years upon a finding by the Superintendent of Public Instruction or the Chancellor of the California Community Colleges, and with the approval of the Executive Officer of the State Personnel Board, that the extension is necessary in order to substantially complete work on an educational improvement project. These projects shall require a breadth and depth of demonstrated expertise or a level or response that cannot be obtained under normal staffing procedures. Temporary assignments or loans shall not be made or continued under this section if there is a reasonable basis for utilizing the state civil service. No temporary assignment or loan shall exceed four years of total time per individual in any combination of assignments or   For purposes of this section, a temporary assignment or loan between educational agencies or jurisdictions shall not exceed four years of total time per individual performin   g the duties of a represented classification in any combination of assignments or  loans. All temporary assignments or loans shall comply with applicable board rules. However, the temporary assignment of any local educator who is performing the duties of a nonrepresented classification while on loan to a state education agency may be extended for as many successive two year intervals as necessary by the Superintendent of Public Instruction or the Chancellor of the California Community Colleges with the concurrence of the  education   educational  agency or jurisdiction. Public and private colleges and universities shall be considered educational agencies or jurisdictions within the meaning of this section. A temporary assignment within an agency or between agencies may be extended by the board for up to two additional years in order for an employee to complete an apprenticeship program.