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AB 420 (Part-Time Faculty) Update
The legislative process is very political and is not always conducive to the development of optimal public policy. Witness AB 420 (Wildman, D-Glendale), which would mandate various benefits for part-time community college faculty members.
The bill, as introduced, contains five major provisions. They are:
AB 420 has passed the Assembly and was last heard in the Senate Education Committee where the bill generated a great deal of both support and opposition. Several community college districts, the Chancellor's Office, the Community College League and ACCCA testified in opposition to the bill. Their opposition pertains to three of the bill's provisions: pro-rata pay; mandatory uniform salary schedules and preferential hiring. Faculty unions and organizations support the bill.
During the Senate Education hearing most of the testimony focused on the preferential hiring provisions. The opposition to the bill testified that this provision would have an adverse impact on the ability of local districts to diversify their staff. Legislators on the committee raised numerous questions regarding this matter. At one point, members of the committee suggested that the bill be "put over" until the diversity questions could be resolved. However, Assembly Member Wildman and the sponsors of the bill, sensing a possible defeat of the bill if they continued to push the bill in its current form, decided to delete the provisions of the bill related to preferential hiring.
On a partisan vote of 10 Democrats voting Aye and 2 Republicans voting No, the committee approved the bill. The bill is now scheduled to be heard in the Senate Appropriations Committee on August 23.
The legislation is still in jeopardy because of the pro-rata provisions in the bill. It is estimated that the cost of statewide pro-rata compensation provisions could exceed $350 million. Even though AB 420 contains language that specifies its provisions are not to be implemented unless funding is provided, it still creates the possibility of an unfunded state mandate.
Unless the bill is amended to remove the provisions pertaining to pro-rata pay and uniform salary schedules, it will continue to be opposed by the groups listed above. The Governor's office has expressed support for improving office hours compensation and health benefits for part-time faculty, but the administration has not indicated support for any of the other provisions of the bill. It is very likely that the Governor would veto the measure if it mandates pro-rata pay. As a result of concerns regarding a possible veto the sponsors are considering amending the pro-rata provisions out of the bill. In its place they are considering amendments that would express legislative intent that would request the community college system to explore ways to improve the compensation for part-time faculty or require the Chancellor's Office to conduct a study of the issue.
The preferential hiring provisions that were deleted from the bill may not be a dead issue, however. Before the legislature adjourns in September it is possible that Assembly Member Wildman will find another bill to amend that will include preferential hiring rights for part-time faculty.
Again, AB 420 is scheduled for hearing in the Senate Appropriations Committee on August 23, districts that still have concerns about the legislation may wish to write to:
The Honorable Patrick Johnston
Chair, Senate Appropriations Committee
State Capitol, Room 2206
Sacramento, CA 95814
-- Arnold Bray