AB 290 Affects More Than the Layoff Notice Time Frame

Much has been discussed about AB 290 (Chapter 880/2003), which is a new law that increases the time frame for the notice of layoff of classified employees from the current requirement of 30 days to the new requirement of 45 days.

There is another provision to this new law that can also have a significant effect on community colleges: a classified employee cannot be laid off if there are any short term employees providing a service that the classified employee is qualified to perform. This does not apply to short term employees hired for a period of less than 45 days, after which they cannot be extended or renewed. This provision also does not create a 45-day layoff notice for short term employees hired for less than 45 days.

This is yet one more constraint placed upon community college districts that are already struggling with financial issues. Districts that have to go through the unfortunate process of classified employee layoffs now need to take more care and time in ensuring that this new law is complied with. These provisions are effective January 1, 2004.

Should Part-Time Faculty Be Treated Like Full-Time Faculty?

The question, “Should part-time faculty have all the rights and privileges of full-time faculty?” has been an interesting discussion around the academic table. That debate may have gotten just a little more interesting with the passage of AB 654 (Chapter 882/2003). The question following the passage of AB 654 is: will services to students will be improved, or will it simply provide an improvement in working conditions for part-time faculty?

The important text in the provisions of AB 654 for local community college districts to keep in mind is that the new law, effective January 1, 2004, is an expression of legislative intent. Thus, there are no penalties if a local district does not or cannot comply with the intent of the legislation. On the other hand, part-time faculty can now point to E.C. Section 87482.8 and say to you at the district that you should be complying with the law.

Again, keep in the mind that AB 654 is an expression of legislative intent and is not a state mandate—no appropriations were included in the legislation to fund the legislative intent.

AB 654 specifies that it is the intent of the Legislature to accomplish the following:

1. Limit the total number of student hours taught by part-time faculty. These part-time faculty members should serve less than 25 percent of the full-time FTES at any community college.
2. Specify that decisions regarding the appropriateness of part-time faculty should be made on the basis of academic and program needs and not for financial savings.
3. Require that part-time faculty be hired well in advance of the beginning of instruction, and that only in the event of genuine emergencies should instructors be hired on shorter notice than one month before the beginning of instruction.
4. Prohibit part-time faculty from being used to provide teaching or professional services formerly performed by full-time faculty. The conversion of full-time positions into several part-time faculty positions needs to be discontinued.
5. Allow part-time faculty the opportunity to participate in the full range of professional responsibilities, including student advisement, committee work, and departmental and campus-wide faculty meetings, and to pay them for this involvement. If a part-time faculty member prepares a course that is cancelled for any reason, that faculty member should be compensated for that preparation.
6. Require that salaries for part-time faculty be proportionate to the salaries paid to full-time faculty with similar qualifications who do the same work.

Additional provisions of AB 654 specify that, whenever possible:

1. Part-time faculty should be informed of assignments at least six weeks in advance.
2. Part-time faculty should be paid for the first week of an assignment when class is cancelled less than two weeks before the beginning of a semester. If a class meets more than once per week, part-time faculty should be paid for all classes that were scheduled for that week.
3. The names of part-time faculty should be listed in the schedule of classes rather than just described as “staff.”
4. Part-time faculty should be considered to be an integral part of their departments and given all the rights normally afforded to full-time faculty in the areas of book selection, participation in department activities, and the use of college resources—including, but not necessarily limited to, telephones, copy machines, supplies, office space, mail boxes, clerical staff, the library, and professional development.

Conclusion

This legislation is another example of community colleges being asked to do more with less, and would have the effect of reducing administrative flexibility. Good luck at the bargaining table.

PERS Employer Rate Estimated to Increase to 12.2 Percent

The CalPERS employer rate is estimated to be 12.2 percent for fiscal year 2004-05. Uncertainty about the increase in the PERS rate had been circulating for some time. We were hearing estimates from 12.2 percent to 20 percent. However, CalPERS staff has confirmed that the rate currently being proposed is based on the most recent financial and actuarial data available. If the 12.2 percent rate is officially adopted by the CalPERS Board, it will be an increase from the current 10.4 percent rate. Earlier this year, CalPERS staff was estimating that the rate for 2004-05 would be 18 percent.

Although any increase in the PERS rate is a significant non-reimbursed cost to local community college districts, 12.2 percent is certainly better than 18 percent.