GOOD MORNING. MEMBERS OF THE
COMMITTEE AND THE PUBLIC TO THE
ASSEMBLY COMMITTEE ON PUBLIC
EMPLOYMENT AND RETIREMENT.
BEFORE WE BEGIN, WE'LL PAUSE FOR
A MINUTE. A MINUTE TO MAKE SURE
THAT THE AUDIO AND VIDEO IS
WORKING. IT SOUNDS LIKE WE'RE
GOOD. ALL RIGHT. EVERYTHING IS
IN ORDER. I HAVE A FEW
ANNOUNCEMENTS TO MAKE. WE HAVE
13 ITEMS ON THE AGENDA, WITH
FIVE OF THEM ON CONSENT. THE
CONSENT ITEMS ARE FILE ITEM
NUMBER ONE, AB 1941.
QUIRK-SILVA. FILE ITEM SIX, AB
2005 38 GRAYSON FILE ITEM 11 AB
2301 NGUYEN AND FILE ITEM 13 AB
2770. COMMITTEE ON PUBLIC
EMPLOYMENT AND RETIREMENT AB
2007 98. SPEAKER RIVAS IS BEING
PULLED BY THE AUTHOR, WE ARE
LIMITED TO TESTIMONY FOR FOUR
MINUTES FOR SUBSTANTIVE
TESTIMONY IN SUPPORT AND FOUR
MINUTES FOR TESTIMONY IN
OPPOSITION. ALL OTHERS WHO WISH
TO SPEAK MUST ONLY STATE THEIR
NAME, ORGANIZATION, THÀNH, IF
ANY, AND POSITION ON THE BILL
FOR COMMITTEE MEMBERS, WE WILL
TAKE UP ADD ONS AT THE END OF
THE HEARING. IF YOU NEED TO
LEAVE DURING THE HEARING AND
RETURN, PLEASE MAKE SURE THAT
YOU ARE AT THE DAIS OR ON THE
MICROPHONE AND IN VIEW OF CAMERA
FOR PUBLIC VIEW. WHEN CASTING
YOUR VOTE. THE ASSEMBLY HAS
EXPERIENCED A NUMBER OF
DISRUPTIONS TO COMMITTEE AND
FLOOR PROCEEDINGS IN THE LAST
FEW YEARS, SO THAT EVERYONE IS
CRYSTAL CLEAR, CONDUCT THAT
DISRUPTS, DISTURBS, OR IMPEDES
THE ORDERLY CONDUCT OF THIS
HEARING IS PROHIBITED. TO
ADDRESS ANY DISRUPTION CONDUCT,
I WILL DIRECT THEM TO STOP AND
WARN THE INDIVIDUAL THAT IF THEY
CONTINUE, THEY MAY BE REMOVED
FROM PARTICIPATING IN THIS
HEARING AND MAY TEMPORARILY
RECESS THE HEARING. GOOD
MORNING. COMMITTEE MEMBERS, WE
NEED TO ESTABLISH A. WELL. NO,
WE HAVEN'T. WE NEED TO ESTABLISH
A QUORUM. SECRETARY, PLEASE CALL
THE ROLE TO ESTABLISH A QUORUM.
MCKENNA. HERE. MCKENNA PRESENT.
LACKEY. HERE. LACKEY. PRESENT.
BOEHNER VINCE. VAUGHN. HERE.
PRESENT. GREG HERE. GREG. HART.
PRESENT. STEPHANIE. NGUYEN THREE
OF US. SO WE HAVE A QUORUM. YES.
SO WE WILL START FROM THE
BEGINNING, MEMBERS, LET'S TAKE
UP THE CONSENT CALENDAR FIRST.
IS THERE ANY COMMITTEE MEMBER
WHO WISHES TO REMOVE AN ITEM
FROM THE CONSENT CALENDAR?
HEARING NONE. IS THERE A MOTION?
AND SECOND, ON THE CONSENT
CALENDAR MOVED SECOND. CALL THE
ROLL, PLEASE. ITEM NUMBER ONE AB
1941. THE MOTION IS DUE. PASS TO
CONSENT CALENDAR. ITEM NUMBER
SIX AB 2538. THE MOTION IS DO
PASS AND WE REFER TO THE
COMMITTEE ON APPROPRIATIONS WITH
RECOMMENDATIONS TO THE CONSENT
CALENDAR, ITEM NUMBER 11, AB
2301. THE MOTION IS DO PASS TO
THE CONSENT CALENDAR AND ITEM
NUMBER 13, AB 2770. THE MOTION
IS DO PASS AND WE REFER TO THE
COMMITTEE ON APPROPRIATIONS WITH
RECOMMENDATIONS TO THE CONSENT
CALENDAR. MCKENNA A MCKENNA AYE.
LACKEY A LACKEY AYE. BERNER
VINCE FONG. VINCE. FONG. AYE.
HART. HART. AYE STEPHANIE.
NGUYEN. THREE OF US. THIS BILL
HAS SUFFICIENT VOTES. WE'LL PUT
IT ON AS AN ADD ON. THANK YOU,
SEE NO FURTHER BUSINESS BEFORE
THE COMMITTEE. THIS I'M SORRY. I
MUST ADJOURN THE WHOLE MEETING.
YOU KNOW, A LITTLE RUSTY, A
LITTLE RUSTY, THE CONSENT
CALENDAR HAS PASSED. START. I
KNOW, SO WE'RE GOING TO START
WITH SUPER. WE HAVE IT HERE.
WE'RE GOING TO START WITH
ASSEMBLY MEMBERS OF BIRTH.
THAT'S OKAY. WE NEED TO LAUGH.
LAUGHTER IT'S GOOD. ASSEMBLY
MEMBER HESTERBERG IS HERE TO
PRESENT FILE ITEM NUMBER EIGHT
AB 2889. THIS BILL ENJOYS AN AYE
RECOMMENDATION FROM THE CHAIR.
YOU MAY PROCEED WHEN READY.
THANK YOU, MADAM CHAIR. MEMBERS
I'M PROUD TODAY TO PRESENT AB 28
2889, A MEASURE THAT MAKES
RESOLVING LABOR DISPUTES MORE
EFFICIENT, EFFECTIVE AND FAIR
WITHIN THE LOS ANGELES COUNTY
AND THE CITY OF LOS ANGELES.
THIS BILL IS SPONSORED BY AFSCME
AND SEIU AND AFSCME. UPD, THE
PUBLIC EMPLOYEE RELATIONS BOARD,
OTHERWISE KNOWN AS PERB,
CURRENTLY HAS OVERSIGHT
JURISDICTION OVER DISPUTES
BETWEEN ALMOST ALL PUBLIC
AGENCIES, EMPLOYERS, AND
EMPLOYEES. HOWEVER, CURRENT LAW
PROVIDES THE CITY AND THE COUNTY
OF LOS ANGELES WITH A LOCAL
ALTERNATIVE TO PERB OVERSIGHT.
THE LOS ANGELES LOCAL
ALTERNATIVES HAVE THE POWER TO
INVESTIGATE UNFAIR PRACTICE
CHARGES, DETERMINE WHETHER THOSE
CHARGES ARE JUSTIFIED, AND, IF
SO, PRESCRIBE APPROPRIATE
REMEDIES. THE STANDARDS THAT
APPLY, THAT ARE CLAIMED TO APPLY
IN THE CITY OF LOS ANGELES GIVE
EMPLOYERS SOME UNFAIR LEVERAGE
THAT IS NOT PRESENT IN OTHER
PARTS OF THE STATE. THIS MEANS
THAT UNIONS THAT BARGAIN WITHIN
WITH THE CITY AND THE COUNTY OF
LOS ANGELES ARE THE ONLY PUBLIC
EMPLOYEE UNIONS IN THE STATE OF
CALIFORNIA THAT ARE NOT AFFORDED
THE SAME EXTENT OF PROTECTIONS
THAT OTHER PUBLIC EMPLOYEE
UNIONS OBTAIN FROM PERB A BIT OF
HISTORY. IN 2011, THE
LEGISLATURE ENACTED PROTECTIONS
TO PROHIBIT UNION BUSTING WITHIN
THE JURISDICTION OF PERB. THAT
YEAR, SB 857 PROHIBITED PERB
FROM AWARDING STRIKE PREPARATION
EXPENSES AS DAMAGES FROM AN
UNLAWFUL STRIKE DUE TO A
DRAFTING ERROR. THE EMPLOYEE
RELATIONS ENTITIES AND THE CITY
AND COUNTY OF LOS ANGELES WERE
NOT EXPRESSLY IDENTIFIED IN THAT
LAW, WHICH MEANS THESE
PROTECTIONS MAY NOT APPLY TO
UNIONS UNDER THEIR JURISDICTION.
MANY OF THE ACTIVITIES WORKERS
ROUTINELY ENGAGE IN DURING A
CONTRACT CAMPAIGN, SUCH AS
MEMBERSHIP RALLIES, WEARING
UNION BUTTONS, OR PARTICIPATING
IN A STRIKE AUTHORIZATION VOTE,
COULD BE USED TO JUSTIFY
DAMAGES. HOWEVER HOWEVER, I
THINK WE CAN ALL AGREE THE RIGHT
TO COLLECTIVELY BARGAIN IS NOT
MEANINGFUL IF WORKERS CANNOT
ENGAGE IN CONCERTED ACTIVITIES.
THIS BILL IS NOT ONLY ABOUT
ALIGNING LABOR PRACTICES ACROSS
THE STATE, IT IS ALSO ABOUT
FAIRNESS FOR ALL PUBLIC
EMPLOYEES. PUBLIC SECTOR UNIT
AND EMPLOYEES IN CALIFORNIA, AB
2892889 PROVIDES PERB WITH
EXCLUSIVE INITIAL JURISDICTION
OVER REQUESTS FOR INJUNCTIVE
RELIEF BY BOTH THE CITY AND
COUNTY OF LOS ANGELES, JUST AS
IT ALREADY HAS FOR OTHER PUBLIC
AGENCIES. IT ALSO CLARIFIES THAT
THE LOCAL EMPLOYEE RELATIONS
ENTITIES IN THE CITY AND COUNTY
OF LOS ANGELES DO NOT HAVE THE
AUTHORITY TO AWARD DAMAGES,
RESULTING FROM A STRIKE. THIS
ENSURES THAT LOCAL PUBLIC UNIONS
IN THE CITY AND COUNTY OF LOS
ANGELES HAVE THE SAME
PROTECTIONS FROM UNION BUSTING
TACTICS THAT ALL OTHER UNIONS
UNDER PERB JURISDICTION HAVE
ENJOYED FOR A DECADE. I ASK FOR
YOUR AYE VOTE AT THE APPROPRIATE
TIME, AND WITH ME TODAY I HAVE
SANDRA BARREIRO, REPRESENTING
SEIU CALIFORNIA AND JANICE
O'MALLEY REPRESENTING ACP
CALIFORNIA, CO-SPONSORS OF THE
BILL, TO PROVIDE ADDITIONAL
INFORMATION AND ASSIST WITH
QUESTIONS. THANK YOU. ASSEMBLY
MEMBER ZIPPER. LET'S HEAR FROM
THE WITNESSES IN SUPPORT. AGAIN.
WE'LL LISTEN. WE'RE LISTENING TO
TESTIMONY, TO FOR FOUR MINUTES
TOTAL FOR PRIMARY WITNESSES IN
SUPPORT. THANK YOU. CHAIR
MEMBERS JANICE O'MALLEY,
LEGISLATIVE ADVOCATE WITH AFSCME
CALIFORNIA. AND THANK YOU,
ASSEMBLY MEMBER ZEBRA FOR
AUTHORING THIS BILL ASKED ME
CALIFORNIA. WE WERE WE WERE THE
ORIGINAL SPONSORS OF THE BILL
BACK 13 YEARS AGO, ALONG WITH
AFSCME èC LOCAL 3299. AND THEN
IT WAS AUTHORED BY THEN SENATOR
TED LIEU. NOW CONGRESSMAN TED
LIEU, AND IT WAS TO PROTECT
EVERY PUBLIC EMPLOYEE IN
CALIFORNIA FROM ATTACKS ON OUR
RIGHT TO STRIKE AND SAVING
WORKERS MILLIONS OF DOLLARS IN
FALSE AND FRIVOLOUS CLAIMS. WHEN
AFSCME SPONSORED A, SB EIGHT
FIVE 7 IN 2011, THE ASSUMPTION
WAS THAT IT WOULD COVER ALL
PUBLIC EMPLOYEES AND THOSE UNDER
THE MYERS, MILIUS, BROWN ACT AND
THE MBA, AS WE CALL IT, IS THE
ACT THAT ESTABLISHES COLLECTIVE
BARGAINING RIGHTS, FOR
CALIFORNIA'S MUNICIPAL, COUNTY
AND LOCAL SPECIAL DISTRICT
EMPLOYEES. YOU SEE, BACK IN
2011, BEFORE A COURT OF APPEAL
DECISION ESTABLISHED PERB IN THE
MBA, IT FAILED TO IDENTIFY
EARCOM AND URB AND THEREFORE
IT'S LEGALLY LEFT UNCLEAR
WHETHER BOTH THESE ENTITIES
EMPLOYEES IN THE CITY AND COUNTY
OF LA FALL UNDER THE MBA
JURISDICTION, I'M NOT SURE IF
THERE'S A STATUTE OF LIMITATIONS
ON CALLING A BILL A CLEANUP
BILL, BUT WHEN AFSCME SPONSORED
SB 857, THE LAW WAS CREATED TO
PROTECT ALL UNIONS FROM UNION
BUSTING TACTICS AS THE RIGHT TO
COLLECTIVELY BARGAIN IS IMPAIRED
WHEN WORKERS ARE DISSUADED UNDER
THREAT OF EXORBITANT DAMAGES
FROM ENGAGING IN CONCERTED
ACTIVITIES, THE PREMISE THAT AN
EMPLOYER IS ENTITLED TO STRIKE
PREPARATION DAMAGES, INCLUDING
WHERE NO ACTUAL STRIKE EVEN
OCCURRED, DIRECTLY INTERFERES
WITH THE ABILITY OF WORKERS TO
EXERCISE THEIR RIGHTS UNDER THE
LAW. THEREFORE SAU, WE ASK YOUR
SUPPORT FOR AB 2889 TO AFFORD
THE SAME STRIKE PROTECTION
RIGHTS TO LA CITY AND LA COUNTY
EMPLOYEES AS ALL OTHER PUBLIC
SECTOR EMPLOYEES CURRENTLY
ENJOY. THANK YOU. GOOD MORNING,
SANDRA BARREIRO, SEIU
CALIFORNIA, WE ARE CO-SPONSORS
OF THIS BILL. I WANT TO THANK
ASSEMBLY MEMBER ZABIR FOR
AUTHORING AND THE COMMITTEE FOR
BRINGING IT FORWARD. I WON'T
CALL IT A CLEAN UP BILL, BUT I
WILL CALL IT A PARITY BILL. IT
SIMPLY APPLIES THE SAME
PROCEDURES THAT APPLY TO NEARLY
EVERY OTHER PUBLIC EMPLOYER IN
THE STATE, TO LA CITY AND LA
COUNTY, THE PROHIBITION ON PERB
ASSESSING STRIKE DAMAGES ALSO
ALREADY APPLIES TO NEARLY EVERY
PUBLIC EMPLOYER. IT DOESN'T
CHANGE THE IRB OR IRCAM'S
JURISDICTION BECAUSE THEY DON'T
CURRENTLY PROCESS INITIAL
REQUESTS FOR INJUNCTIVE RELIEF.
WE CAN TRUST PERB TO SOLVE ANY
DISPUTES QUICKLY AND MAKE SURE
THAT ANY POTENTIAL FOR
DISRUPTIONS ARE LIMITED. AND I
RESPECTFULLY REQUEST YOUR AYE
VOTE. THANK YOU, THANK YOU. ARE
THERE ANY OTHER WITNESSES IN
SUPPORT? PLEASE COME FORWARD AND
GIVE YOUR NAME AND ORGANIZATION.
THÀNH ONLY. MORNING, MADAM CHAIR
MEMBERS, GEORGE OSBORNE FOR THE
UNION OF AMERICAN PHYSICIANS AND
DENTIST CO-SPONSOR IN SUPPORT.
YVONNE FERNANDEZ, CALIFORNIA
LABOR FEDERATION IN SUPPORT.
MADAM CHAIR MEMBERS. LOUIS COSTA
WITH THE STATE LEGISLATIVE BOARD
OF SMART TRANSPORTATION DIVISION
IN SUPPORT. THANK YOU, LET'S
MOVE TO WITNESSES AND
OPPOSITION. ANY WITNESSES IN
OPPOSITION? ANY WITNESSES WOULD
LIKE TO COME UP AND GIVE THEIR
NAME AND ORGANIZATION IN
OPPOSITION? HEARING AND SEEING.
NO OPPOSITION. LET'S BRING IT
BACK TO THE COMMITTEE FOR
QUESTIONS OR COMMENTS, ASSEMBLY
MEMBER LACKEY. YEAH, I JUST HAVE
A COMMENT. AS A, REPRESENTATIVE
OF, LOS ANGELES REGION, ONE OF
MANY, BECAUSE LA IS NOT
OFFICIALLY WEIGHED IN ON THIS.
AND SINCE IT DIRECTLY AFFECTS
THEM, I'M GOING TO LAY OFF THIS
MEASURE TODAY AND RESERVE MY
RIGHT TO CHANGE MY VOTE WHEN IT
COMES TO THE FORM. THANK YOU,
THANK YOU. ARE THERE ANY MORE
COMMITTEE COMMITTEE MEMBERS LIKE
TO MAKE A STATEMENT? MR. MR.
HART MOVED THE BILL, ASSEMBLY
MEMBER NGUYEN SECOND, PLEASE
TAKE THE ROLE. OH, I'M SORRY,
MR. ZUBIATE, WOULD YOU LIKE TO
CLOSE? THANK YOU. I RESPECTFULLY
ASK FOR YOUR I VOTE THANK YOU.
THANK YOU, ITEM NUMBER EIGHT, AB
2889. THE MOTION IS TO PASS AND
BE REFERRED TO THE COMMITTEE ON
APPROPRIATION. MCKENNA I,
MCKENNA I LACKEY NOT VOTING. NOT
VOTING. BERNER, VINCE FONG,
VINCE. FONG NÓ HEARTS. HART I
STEPHANIE NGUYEN I STEPHANIE
NGUYEN I THREE OF US PUT THIS
BILL ON COAL. WE HOLD THE ROLL
OPEN. THANK YOU. THANK YOU VERY
MUCH. ASSEMBLY MEMBER
MAIENSCHEIN. NEXT.
ASSEMBLY MEMBER MANCINI, YOU'RE
HERE TO PRESENT FILE ITEM NUMBER
NINE. AB 2971. THIS BILL ALSO
ENJOYS AN I RECOMMENDATION FROM
THE CHAIR. YOU MAY PROCEED.
THANK YOU VERY MUCH, MADAM CHAIR
AND MEMBERS. CLASSIFIED SCHOOL
EMPLOYEES ARE THE PEOPLE WHO
KEEP OUR SCHOOLS RUNNING
SMOOTHLY, FROM SERVING MEALS TO
CLEANING CLASSROOMS.
UNFORTUNATELY, MANY SCHOOLS ARE
FACING STAFFING SHORTAGES, WHICH
MAKES IT HARDER TO SUPPORT
STUDENTS AND MAINTAIN A HEALTHY
ENVIRONMENT. AND TO MAKE MATTERS
WORSE, THERE ARE NO CLEAR
GUIDELINES ON HOW MANY STAFF
MEMBERS SCHOOLS ACTUALLY NEED.
THE COVID 19 PANDEMIC HAS MADE
THESE ISSUES EVEN MORE URGENT.
THAT'S WHY I'M HERE TO PRESENT
AB 2971. THIS BILL WILL MAKE
SURE THAT COMMUNITY COLLEGES AND
THEIR EMPLOYEES ARE INCLUDED IN
DISCUSSIONS ABOUT STAFFING
LEVELS, ESPECIALLY DURING
EMERGENCIES LIKE PANDEMICS. A B
2971 WILL HELP US HAVE BETTER
CONVERSATIONS ABOUT HOW MANY
STAFF MEMBERS SCHOOLS NEED TO
KEEP STUDENTS SAFE AND
SUPPORTED. IT'S AN IMPORTANT
STEP TOWARDS CREATING A STRONGER
AND MORE RESILIENT EDUCATIONAL
SYSTEM. THANK YOU, AND I
RESPECTFULLY REQUEST AN AYE VOTE
AND WITH ME, WITH ME HERE TO
TESTIFY IN SUPPORT IS MITCH
STEIGER FROM THE CALIFORNIA
FEDERATION OF TEACHERS. GOOD
MORNING. YOU HAVE FOUR MINUTES.
THANK YOU. GOOD MORNING. THANK
YOU, MADAM CHAIR, MEMBERS AND
STAFF MITCH STEIGER WITH CFT, A
UNION OF EDUCATORS AND
CLASSIFIED PROFESSIONALS, PROUD
TO CO-SPONSOR THIS BILL. VERY
STRAIGHTFORWARD BILL, JUST ADDS
COMMUNITY COLLEGES AND COMMUNITY
COLLEGE WORKERS TO A PROCESS
THAT WAS CREATED LAST YEAR. IS
CURRENTLY BEING DEVELOPED TO
MAKE SURE THAT WE DEVELOP, SOME
SORT OF A RELIABLE CLASSIFIED
WORKER STAFFING RATIO WHILE I
THINK IT'S SAFE TO SAY THAT THE
NEEDS FOR CLASSIFIED WORKERS ARE
DIFFERENT IN COMMUNITY COLLEGES,
THEY ARE NO LESS THAN THEY ARE
IN OTHER TYPES OF INSTITUTIONS
BECAUSE THE STUDENTS THERE ARE
MOSTLY ADULTS. HOPEFULLY THEY'RE
NOT AS DESTRUCTIVE AS K-12
STUDENTS. MAYBE, BUT BUT, THERE
MAY THE FACILITIES MAY BE
BIGGER. THERE ARE MORE TECHNICAL
LABS, THE NEEDS FOR
ADMINISTRATIVE SUPPORT AND
COUNSELING COULD BE JUST AS
GREAT. AND THE OTHER THING THAT
WE THINK IS VERY IMPORTANT TO
CONSIDER IS THAT BECAUSE THE
STUDENTS ARE ADULTS, THERE'S NO
LAW THAT SAYS YOU HAVE TO KEEP
GOING TO COMMUNITY COLLEGE. AND
SO MOST OF THEM WORK. A LOT OF
THEM HAVE KIDS AND OTHER FAMILY
RESPONSIBILITIES. AND IF THE
BUILDING IS NOT BEING
MAINTAINED, IF IT'S DIRTY, IF
IT'S NOT SAFE, IF THE
ADMINISTRATIVE SUPPORT ISN'T
WHAT IT NEEDS TO BE, THAT'S ONE
MORE THING PUSHING THOSE
STUDENTS OUT OF SCHOOL AND MAKE
IT THAT MUCH MORE LIKELY THAT
THEY WON'T ACHIEVE WHATEVER IT
IS THEY'RE TRYING TO ACHIEVE IN
COMMUNITY COLLEGES. SO WE THINK
THERE'S NO GOOD REASON FOR
COMMUNITY COLLEGES AND COMMUNITY
COLLEGE WORKERS TO BE EXCLUDED
FROM THIS PROCESS. THERE IS
EVERY REASON TO HAVE THEM IN
THERE, AND WE URGE YOUR SUPPORT
FOR THIS MEASURE. THANK YOU. IS
THERE ANY MORE WITNESSES IN
SUPPORT? PLEASE COME TO THE MIC
AND GIVE YOUR NAME AND
ORGANIZATION. GOOD MORNING,
MADAM CHAIR AND MEMBERS, SETH
BRAMBLE HERE. ON BEHALF OF THE
CALIFORNIA TEACHERS ASSOCIATION,
WE ARE PROCESSING OUR SUPPORT
POSITION. MATT BROUGHT ON BEHALF
OF CSEA AND SUPPORT. THANK YOU.
GOOD MORNING, MADAM CHAIR.
JANICE O'MALLEY WITH AFSCME
CALIFORNIA HERE IN SUPPORT.
KIMBERLY ROSENBERGER WITH SEIU
IN SUPPORT. THANK YOU. ARE THERE
ANY WITNESSES IN OPPOSITION? ANY
WITNESSES IN OPPOSITION WOULD
LIKE TO COME UP AND GIVE THEIR
NAME AND ORGANIZATION, SEEING NO
WITNESSES, I'D LIKE TO BRING IT
BACK TO THE MEMBERS. ARE THERE
ANY QUESTIONS OR COMMENTS?
SECOND, WOULD YOU LIKE TO CLOSE
ASSEMBLY? THANK YOU VERY MUCH,
MADAM CHAIR. AND MEMBERS,
RESPECTFULLY REQUEST AN I VOTE,
WE SEE THE BILL WAS MOVED BY
ASSEMBLY MEMBER NGUYEN. SECOND
BY ASSEMBLY MEMBER ART. PLEASE
CALL THE ROLL. THE MOTION IS DO
PASS AND BE REFERRED TO THE
COMMITTEE ON HIGHER EDUCATION.
MCKENNA Ã MCKENNA I LACKEY, A
LACKEY I BERNER, VINCE FONG,
VINCE FONG NØ. HEART, HEART I
STEPHANIE NGUYEN I STEPHANIE
NGUYEN I THREE OF US. THE BILL
HAS 4 TO 1. WE HAVE SUFFICIENT
VOTES. WE'LL PUT IT ON CALL.
THANK YOU, THANK YOU, THANK YOU.
THANKS A LOT. ASSEMBLY MEMBER
FONG.
ASSEMBLY MEMBER FUNG, YOU.
YOU'RE HERE TO PRESENT FILE ITEM
NUMBER THREE AB 2328. THIS BILL
ENJOYS AN AYE RECOMMENDATION
FROM THE CHAIR AND THE MOTION IS
DUE PASSED AND REFERRED TO THE
COMMITTEE ON HIGHER EDUCATION.
YOU MAY PROCEED WHEN READY.
THANK YOU SO MUCH, MADAM CHAIR.
MEMBERS ASSEMBLY BILL 2328
ESTABLISHES PARITY IN DISABILITY
PROTECTIONS BETWEEN CLASSIFIED
EMPLOYEES OF MERIT AND NON-MERIT
SCHOOL AND COMMUNITY COLLEGE
DISTRICTS. NON-MERIT EMPLOYEES
ARE PROTECTED FROM DISCIPLINARY
ACTION FOR CAUSES THAT AROSE
BEFORE THEY BECAME PERMANENT
EMPLOYEES, OR FOR CAUSES THAT
AROSE FOR MORE THAN TWO YEARS
PRIOR, UNLESS THE CAUSE WAS
CONCEALED OR NOT DISCLOSED.
DURING HIRING MARRIED EMPLOYEES,
HOWEVER, DO NOT HAVE THOSE SAME
PROTECTIONS, MEANING THEY CAN BE
DISCIPLINED FOR CAUSES THAT
OCCURRED AT ANY POINT IN THEIR
EMPLOYMENT, EVEN BEFORE THEY
BECAME PERMANENT EMPLOYEES.
CAUSES OR ALLEGATIONS OF
EMPLOYEE MISCONDUCT SHOULD BE
ACTED UPON IN A TIMELY MANNER.
TO ADDRESS THAT CONDUCT AND TO
ALLOW FOR A PROPER DEFENSE OR
APPEAL. EMPLOYEES AND MERIT AND
NON-MERIT DISTRICTS SHOULD NOT
BE SUBJECT TO DIFFERENT
STANDARDS AND PROTECTIONS.
ASSEMBLY BILL 2328 WOULD ENSURE
THAT OUR CLASSIFIED WORKERS, WHO
ARE OFTEN THE LOWEST WAGE
EARNERS IN OUR SCHOOLS AND
COMMUNITY COLLEGES, HAVE THE
SAME PROTECTIONS, WHETHER
THEY'RE IN A MERIT OR A NON
MERIT DISTRICT ARE HERE TO
TESTIFY IN SUPPORT IS CASSIE
MANCINI WITH THE CALIFORNIA
SCHOOL EMPLOYEES ASSOCIATION.
THANK YOU. YOU HAVE FOUR
MINUTES. THANK YOU, THANK YOU.
GOOD MORNING, MADAM CHAIR, AND
MEMBERS. MY NAME IS CASSIE
MANCINI, AND I'M HERE ON BEHALF
OF THE CALIFORNIA SCHOOL
EMPLOYEES ASSOCIATION, A UNION
REPRESENTING MORE THAN 250,000
CLASSIFIED SCHOOL EMPLOYEES
ACROSS THE STATE. WE'D LIKE TO
THANK THE AUTHOR FOR HIS SUPPORT
OF THIS BILL, CSEA IS PROUD TO
SPONSOR AB 2328, A PARODY BILL
WHICH WOULD EXTEND THE SAME
BASIC DISCIPLINARY PROTECTIONS
THAT ALREADY EXIST FOR
CLASSIFIED EMPLOYEES WORKING IN
NON-MERIT DISTRICTS TO
CLASSIFIED EMPLOYEES WORKING IN
MERIT DISTRICTS. CURRENT LAW
ALREADY PROTECTS CLASSIFIED
EMPLOYEES AND NON-MERIT
DISTRICTS FROM BEING DISCIPLINED
FOR CONDUCT THAT OCCURRED WHILE
THE EMPLOYEE WAS ON PROBATION,
OR CONDUCT THAT OCCURRED MORE
THAN TWO YEARS AGO. THESE ARE
IMPORTANT AND COMMON SENSE
PROTECTIONS FOR SCHOOL EMPLOYEES
TO ENSURE A FAIR DISCIPLINARY
PROCESS. AFTER TWO YEARS,
MEMORIES FADE AND THE EVIDENCE
NEEDED TO DISPROVE A CHARGE IS
OFTEN LOST TO TIME, AND
DISCIPLINING SOMEONE FOR CONDUCT
THAT OCCURRED WHILE THAT PERSON
WAS ON PROBATION IS COUNTER TO
THE VERY PURPOSE OF A
PROBATIONARY PERIOD, WHICH IS TO
EVALUATE EMPLOYEE PERFORMANCE
DURING A SET TIME PERIOD AND
EITHER RETAIN THAT EMPLOYEE OR
RELEASE THEM FROM PROBATION
BASED ON THAT EVALUATION.
CURRENT LAW, WHICH HAS BEEN ON
THE BOOKS FOR NEARLY 50 YEARS
FOR NON-MERIT EMPLOYEES, MAKES
SENSE, AND THIS BILL WILL ENSURE
THAT IT APPLIES EQUALLY TO ALL
TYPES OF CLASSIFIED EMPLOYEES.
AND WITH PERMISSION, I'D LIKE TO
READ A BRIEF STATEMENT, ON THIS
BILL FROM JULIE GLENN, JUCO, A
PARAEDUCATOR AT SAN LORENZO
UNIFIED SCHOOL DISTRICT WHO
COULDN'T BE HERE TODAY. PLEASE
DO. THANK YOU. GOOD MORNING. I'M
PROUD TO SUPPORT AB 2328, WHICH
WILL CREATE STRONGER MERIT
SYSTEM DISTRICTS, ESPECIALLY NOW
EMPLOYEE RETENTION IS OF THE
UTMOST IMPORTANCE AND THE
TERMINATION OR OTHER DISCIPLINE
OF ESSENTIAL CLASSIFIED SCHOOL
EMPLOYEES SHOULD ONLY HAPPEN
WITH VALID CAUSE IN A TIMELY AND
FAIR MANNER. THE MERIT SYSTEM
AFFORDS OPPORTUNITIES TO
EMPLOYEES TO IMPROVE AND GROW
WITH THE SUPPORT OF EVALUATION
TOOLS AND TIMELINES, BUT ISSUES
MUST BE ADDRESSED IMMEDIATELY TO
ENSURE THEY ARE CORRECTED. THE
SAME MUST BE TRUE FOR THE
DISCIPLINARY PROCESS. AB 2328
WILL PROVIDE PARITY FOR ALL
MERIT SCHOOL DISTRICT EMPLOYEES
WITH THEIR COUNTERPARTS IN
NON-MERIT DISTRICTS. I URGE YOU
TO VOTE FOR THIS BILL, WHICH
WILL ENSURE THAT OUR STUDENTS
AND OUR SCHOOLS ARE STAFFED BY
THE BEST POSSIBLE CLASSIFIED
SCHOOL EMPLOYEES AND DISTRICTS
COMMITTED TO FAIRNESS, EQUITY,
SECURITY AND OPPORTUNITY TO
SUCCEED. THANK YOU. AND I
RESPECTFULLY ASK FOR YOUR I VOTE
THANK YOU. ARE THERE ANY OTHER
WITNESSES IN SUPPORT? PLEASE
COME UP AND GIVE YOUR NAME,
ORGANIZATION AND POSITION.
KIMBERLY ROSENBERGER WITH SEIU
IN SUPPORT. YVONNE FERNANDEZ,
CALIFORNIA LABOR FEDERATION IN
SUPPORT. MITCH STEIGER WITH CFT
ALSO IN SUPPORT. THANK YOU. ARE
THERE ANY WITNESSES IN
OPPOSITION? SEEING NONE, I WOULD
LIKE TO BRING IT BACK TO THE
COMMITTEE. SECOND, WOULD YOU
LIKE TO CLOSE? I WOULD LIKE TO
ASK FOR YOUR VOTE. THANK YOU,
WITH MISS NGUYEN. MOVING THE
BILL, MR. HART, I MEAN, SORRY,
MR. LACKEY. SECOND IN THE BILL.
PLEASE CALL THE ROLL. THE MOTION
IS DO PASS AND BE REFERRED TO
THE COMMITTEE ON HIGHER
EDUCATION. MCKENNA I, MCKENNA I
LACKEY VOTING. LACKEY. NOT
VOTING. BERNER, VINCE FONG.
VINCE FONG NOT VOTING HEARTS I
HEART I STEPHANIE NGUYEN.
STEPHANIE NGUYEN I THREE OF US.
THIS BILL HAS THREE VOTES, WE'LL
PUT IT ON CALL. THANK YOU. NEXT
ASSEMBLY MEMBER. FUNG, YOU,
YOU'RE HERE TO PRESENT FILE ITEM
NUMBER FOUR, AB 2931. THIS BILL
ALSO ENJOYS AN I RECOMMENDATION
FROM THE CHAIR AND THE MOTION IS
Dð PASS AND REFERRED TO THE
COMMITTEE ON HIGHER EDUCATION.
THÀNH. YOU MAY PROCEED WHEN
READY. THANK YOU SO MUCH, MADAM
CHAIR. AND MEMBERS. ASSEMBLY
BILL 2931 EXEMPTS COMMUNITY
COLLEGE DISTRICTS WITH MERIT
SYSTEMS FROM CLASSIFYING PART
TIME STUDENTS EMPLOYED PART TIME
AS STUDENT TUTORS IN THE
DISTRICT THAT THEY'RE ENROLLED
IN. UNDER CURRENT LAW, THESE
DISTRICTS MUST CLASSIFY ALL
STAFF UNLESS EXEMPTED WHERE
APPROPRIATE. FOR MOST STAFF,
THIS PROCESS IS NOT NECESSARY
FOR PART TIME STUDENTS, WHICH IS
WHY EXISTING LAW EXEMPTS EVEN
FULL TIME STUDENTS WHO ARE
EMPLOYED PART TIME AND PART TIME
STUDENTS IN A WORK STUDY OR WORK
EXPERIENCE PROGRAM. HOWEVER, NOT
INCLUDED IN THIS LIST ARE PART
TIME STUDENTS WHO WISH TO WORK
PART TIME AS STUDENT TUTORS.
COMMUNITY COLLEGE DISTRICTS WHO
EMPLOY PERSONNEL COMMISSIONS ARE
HESITANT TO HIRE PART TIME
STUDENTS AS TUTORS, DEPRIVING
THE MAJORITY OF OUR STUDENTS OF
THIS ENRICHING OPPORTUNITY THAT
BENEFITS OUR STUDENTS AND
CAMPUSES. WE KNOW THAT MORE THAN
65% OF ALL COMMUNITY COLLEGE
STUDENTS ARE ENROLLED AS PART
TIME STUDENTS, AND RESEARCH HAS
SHOWN THAT TUTORING INCREASES
STUDENT ENGAGEMENT AND IMPROVES
EDUCATION OUTCOMES FOR BOTH THE
TUTORS AND THOSE BEING TUTORED.
BY CLARIFYING THAT PART TIME
STUDENTS ARE EXEMPT FROM
CLASSIFICATION. ASSEMBLY BILL
2931 HELPS MORE STUDENTS
PARTICIPATE IN AN ENRICHING
ACTIVITY OF PEER TUTORING. HERE
TO TESTIFY IN SUPPORT IS DAVID
NEVIN ON BEHALF OF THE LOS
ANGELES COMMUNITY COLLEGE
DISTRICT. THANK YOU. YOU HAVE
FOUR MINUTES. GOOD MORNING,
CHAIR MCKENNA. HONORABLE MEMBERS
OF THE ASSEMBLY PUBLIC
EMPLOYMENT AND RETIREMENT
COMMITTEE. I AM DAVID NEVIN,
SHARING TESTIMONY ON BEHALF OF
CHANCELLOR FRANCISCO RODRIGUEZ
OF THE LOS ANGELES COMMUNITY
COLLEGE DISTRICT, THE LOS
ANGELES COMMUNITY COLLEGE
DISTRICT IS A PROUD SPONSOR OF
AB 2931 AND AS ASSEMBLY MEMBER
FONG JUST MENTIONED IN HIS
OPENING STATEMENT, THIS BILL
ADDRESSES THE CRITICAL ISSUE OF
PEER TO PEER TUTORING AT
COMMUNITY COLLEGES CURRENTLY AT
COMMUNITY COLLEGE MERIT
DISTRICTS, FULL TIME STUDENTS
ARE ELIGIBLE TO BE HIRED AS PART
TIME PEER TO PEER TUTORS AT
THEIR COLLEGES WITHOUT HAVING TO
GO THROUGH THE PERSONNEL HIRING
COMMISSION. AB 2931 WILL TREAT
PART TIME STUDENTS THE SAME AS
THEIR FULL TIME STUDENT
COUNTERPARTS, AND EXEMPT THEM
FROM THIS REQUIREMENT, THUS
EXPANDING THE HIRING POOL OF
ELIGIBLE PART TIME PEER TO PEER
STUDENT STUDENT STUDENT TUTORS.
STUDIES HAVE SHOWN THAT PEER TO
PEER TUTORING IS AS EFFECTIVE AS
, IF NOT BETTER THAN, DIRECT AND
INDIRECT INSTRUCTIONAL TIME FOR
STUDENTS. MORE THAN 65% OF THE
COMMUNITY COLLEGE STUDENTS ARE
ENROLLED PART TIME THROUGHOUT
THE STATE. THIS BILL WOULD
ENABLE AN ESTIMATED ADDITIONAL
200,000 PART TIME STUDENTS FROM
THE SIX MERIT DISTRICTS TO BE
ELIGIBLE FOR EMPLOYMENT AS PART
TIME STUDENT TUTORS AT THE LOS
ANGELES COMMUNITY COLLEGE
DISTRICT. WE SERVE APPROXIMATELY
100,000 STUDENTS. THIS PAST
ACADEMIC YEAR, AND OVER 72, OR
72,000 OF THOSE STUDENTS WERE
PART TIME PEER TO PEER TUTORING
BENEFITS, NOT ONLY THE STUDENT
BEING TUTORED, BUT ALSO THE
TUTOR. BY IMPROVING THEIR
UNDERSTANDING OF THE SUBJECT
MATTER, BUILDING THEIR
LEADERSHIP DEVELOPMENT AND
CONFIDENCE LEVEL, AND ENABLING
THEM TO WORK ON CAMPUS VERSUS
REQUIRING THEM TO TRAVEL AWAY
FROM THEIR COLLEGE FOR
EMPLOYMENT. AB 2931 WOULD
SIGNIFICANTLY INCREASE THE
LEARNING POWER OF ALL STUDENTS
ENROLLED AT MERIT SYSTEM
COMMUNITY COLLEGE DISTRICTS. I
THANK YOU FOR YOUR TIME AND
RESPECTFULLY REQUEST AN AYE VOTE
AT THE APPROPRIATE TIME. THANK
YOU. ARE THERE ANY MORE
WITNESSES IN SUPPORT? PLEASE
PLEASE COME FORWARD AND GIVE
YOUR NAME, ORGANIZATION AND
POSITION. CRYSTAL PADILLA WITH
THE COMMUNITY COLLEGE LEAGUE OF
CALIFORNIA AND SUPPORT. IS THERE
ANY OPPOSITION TO THE BILL? ANY
WITNESSES TO OPPOSITION? THANK
YOU. AYE. SEEING NONE, I'D LIKE
TO BRING IT BACK TO THE
COMMITTEE. ANY COMMENTS? SO WHO
MOVED THE BILL WHEN MOVED THE
BILL? FONG. FONG MOVED THE BILL.
AND WHOSE SECOND LACKEY SECOND.
WOULD YOU LIKE TO CLOSE? THANK
YOU SO MUCH, MADAM CHAIR.
MEMBERS, I RESPECTFULLY ASK FOR
YOUR. I VOTE. THANK YOU, MADAM
SECRETARY. PLEASE TAKE THE ROLL.
THE MOTION IS DO PASS AND BE
REFERRED TO THE COMMITTEE ON
HIGHER EDUCATION. MOCINHA A
MOCINHA, A LACKEY, A LACKEY, A
BURNER VINCE VAUGHN, VINCE FONG,
A HEART, A HEART I STEPHANIE
NGUYEN A STEPHANIE NGUYEN I
THREE OF US. THIS BILL HAS FIVE
VOTES. THE SUFFICIENT VOTES TO
GET OUT. WE'LL HOLD THE BILL.
THANK YOU. ASSEMBLY MEMBER
CARRILLO.
ASSEMBLY MEMBER WENDY CARRILLO,
YOU'RE HERE TO PRESENT FILE ITEM
NUMBER TEN, AB 3041. THE FIRST
QUESTION IS, DO YOU ACCEPT THE
COMMITTEE'S PROPOSED AMENDMENTS?
YES, MADAM CHAIR, THANK YOU.
THIS BILL ENJOYS AN I. EXCUSE ME
, AN I RECOMMENDATION FROM THE
CHAIR AND THE MOTION IS DO PASS
AS AMENDED TO THE COMMITTEE ON
LABOR AND EMPLOYMENT. YOU MAY
PROCEED WHEN READY. THANK YOU.
MADAM CHAIR AND MEMBERS. GOOD
MORNING. FIRST AGAIN. THANK YOU.
I'D LIKE TO START BY ACCEPTING
THE COMMITTEE AMENDMENTS AND
THANK THE COMMITTEE STAFF FOR
WORKING SO DILIGENTLY ON THIS
BILL FOR THE PAST YEAR OR SO,
SINCE WE TWO HEARD IT FROM LAST,
FROM LAST YEAR. I'M PROUD TO
PRESENT 3041, A BILL THAT WOULD
ESTABLISH A NEW CAREER
DEVELOPMENT APPRENTICESHIP
PROGRAM WITH AN ALTERNATIVE
EXAMINATION AND APPOINTMENT
PROCESS IN STATE CIVIL SERVICE.
THIS NEW APPRENTICESHIP MODEL
WILL PROVIDE A NEW METHOD FOR
MERIT BASED HIRING THAT
INCREASES ACCESS TO STATE
CAREERS AND BRINGS BROADER
CANDIDATE POOLS TO THE STATE'S
MOST PERSISTENTLY HIGH VACANCY
RATE. CLASSIFICATIONS. THE STATE
CURRENTLY HAS AN APPRENTICESHIP
PROGRAM WITH CIVIL SERVICE.
HOWEVER, THE NON TRADITIONAL
APPRENTICESHIP PROGRAMS ARE
LIMITED TO CURRENT STATE
EMPLOYEES ONLY. THIS
APPRENTICESHIP PROGRAM WILL BE
OPEN TO NON STATE EMPLOYEES AS
WELL AS CURRENT EMPLOYEES
LOOKING TO DEVELOP NEW SKILLS
AND MOVE INTO HIGHER PAYING
CLASSIFICATIONS. ALL APPRENTICES
UNDER THE NEW PROGRAM WILL BE
REPRESENTED. EMPLOYEES AND
RECEIVE BENEFITS, WHILE THEY'LL
BE PROVISIONAL EMPLOYEES DURING
THE APPRENTICESHIP PERIOD. UPON
SUCCESSFUL COMPLETION OF THE
PROGRAM, THEY WILL AUTOMATICALLY
BECOME PERMANENT FULL TIME STATE
EMPLOYEES. CURRENT STATE
EMPLOYEES THAT JOIN THE
APPRENTICESHIP PROGRAM WILL HAVE
THE SAME MANDATORY RETURN RIGHTS
THAT THEY HAVE NOW. THIS
APPRENTICESHIP PROGRAM WILL NOT
CHANGE EXISTING APPRENTICESHIP
PROGRAMS, BUT LIKE ALL OTHER
APPRENTICESHIP PROGRAMS, THEY
WILL BE REQUIRED TO BE
REGISTERED BY THE DIVISION OF
APPRENTICESHIP STANDARDS AND THE
DEPARTMENT OF INDUSTRIAL
RELATIONS AND WILL INVOLVE A
JOINT APPRENTICESHIP COMMITTEE
WITH EQUAL REPRESENTATION BY
LABOR AND MANAGEMENT. WHILE THIS
BILL AUTHORIZES NEW
APPRENTICESHIP MODELS, KELLY CHA
WILL WORK WITH THE STATE
PERSONNEL BOARD TO ENSURE THAT
APPLICATION PROCESSES FOR EACH
APPRENTICESHIP IS COMPLETED AND
MEETS THE MERIT PRINCIPLE, JUST
LIKE THEY DO NOW FOR CURRENT
CLASSIFICATIONS. WE'RE COMMITTED
TO WORKING WITH OUR LABOR
PARTNERS AND OUR STAKEHOLDERS ON
THE SUCCESSFUL IMPLEMENTATION OF
THIS MODEL. APPRENTICESHIPS
PROVIDE LIFE CHANGING
OPPORTUNITIES FOR INDIVIDUALS
AND REMOVE BARRIERS OF
EMPLOYMENT AND ADVANCEMENT. I
BELIEVE THIS BILL INCREASES THE
STATE STATE CAREERS AND BRINGS
BROADER CANDIDATE POOLS TO STATE
EMPLOYMENT. WHAT WE HAVE KNOWN
FROM PREVIOUS YEARS IS THAT
THERE ARE MORE THAN 1200 VACANT
POSITIONS ACROSS THE STATE OF
CALIFORNIA IN VARIOUS DIFFERENT
DEPARTMENTS AND AGENCIES, WHICH
DOES NOT WHICH DOES NOT ALLOW
THE STATE TO FULLY FUNCTION AND
REALLY GIVE THE BENEFITS AND
RESOURCES TO THE PEOPLE OF
CALIFORNIA. WE ARE LOOKING FOR
SOLUTIONS ON HOW DO WE BRING
MORE PEOPLE INTO THE STATE AND
BE ABLE TO PROVIDE JOBS, AND AT
THE END OF THE DAY, THE BENEFITS
TO THE PEOPLE OF THE STATE. SO
WITH ME IS A REPRESENTATIVE FROM
KELLY CHA. THANK YOU. YOU HAVE
FOUR MINUTES. OKAY. NO
ADDITIONAL COMMENTARY. WE CAN
ANSWER ANY ADDITIONAL QUESTIONS
FROM THE SECOND. IS THERE ANY
WITNESSES TO OF SUPPORT? ANY
WITNESSES IN OPPOSITION? SEEING
NONE. COMMITTEE MEMBERS HAVE ANY
COMMENTS? ASSEMBLYMEMBER LACKEY?
YEAH, I WOULD JUST LIKE TO SAY
THAT, I'M THANKFUL THAT,
APPRENTICESHIP PROGRAMS ARE
PROVEN TO BE VERY, VERY POWERFUL
PARTNERS IN THE CTE OR CTE OR
CAREER TECHNICAL EDUCATION,
CHAIN. AND THEY LEAD TO VERY,
VERY MEANINGFUL CAREERS TO MANY
PEOPLE WHO WOULD, BE FACING
OTHER CIRCUMSTANCES. SO WE'RE
VERY, VERY THANKFUL FOR THIS,
THIS PROPOSAL. IT'S IT'S JUST A
COMMON SENSE MEASURE. SO THANK
YOU VERY MUCH. THANK YOU. AND I
THANK YOU SO MUCH. ASSEMBLY
MEMBER, I AM SORRY. WE DO HAVE
TWO WITNESSES IN OPPOSITION.
THREE WITNESSES IN OPPOSITION.
PLEASE COME UP.
IT LOOKS LIKE TWO WITNESSES. YOU
HAVE FOUR MINUTES TOTAL. TO GIVE
YOUR TESTIMONY. GOOD AFTERNOON
OR GOOD MORNING? IT'S MORNING.
IT'S BEEN A LONG COUPLE DAYS.
HI. MY NAME IS OMEGA GONZALES.
I'M THE GOVERNMENT AFFAIRS
DIRECTOR FOR SEIU LOCAL 1000, WE
REPRESENT 96,000 STATE WORKERS
THROUGHOUT THE STATE OF
CALIFORNIA, I WE ARE CAUTIOUS
AND CAUTIOUSLY OPTIMISTIC. BUT
AT THIS TIME, OUR POSITION IS
OPPOSED UNLESS AMENDED, I'M
GOING TO PASS THE MICROPHONE
OVER TO KEN ONWENU FROM OUR
APPRENTICESHIP DEPARTMENT TO
GIVE CONTEXT AS TO THE REASONS,
GOOD MORNING, EVERYONE. MY NAME
IS KEN ANYANWU, APPRENTICESHIP
COORDINATOR WITH SEIU LOCAL
1000, AND SO FOR NEARLY A
DECADE, LOCAL 1000 HAS BEEN A
RECOGNIZED LEADER WITHIN
NONTRADITIONAL APPRENTICESHIPS
AND CIVIL SERVICE,
APPRENTICESHIP DEVELOPMENT, WE
STRONGLY SUPPORT THE EXPANSION,
THÀNH AND DEVELOPMENT OF
APPRENTICESHIP. BUT AS OMEGA
STATED, UNLESS AMENDED, WE WOULD
BE OPPOSED. AB 31, AB 3041
EFFECTIVELY CREATES A TEMPORARY
WORKFORCE, WHEREIN WE DO HAVE
THE POTENTIAL FOR FOLKS TO BE
REQUIRED TO COMPLETE A TWO YEAR
PROBATIONARY PERIOD, AND NOT
HAVE THE ABILITY TO CLAIM ANY
PORTION OF THE JOB HISTORY
THEREOF, AND UNLESS SUCCESSFULLY
COMPLETED, FURTHER, YOU KNOW, IT
DOES, WITH THESE AMENDMENTS IN A
SENSE, UNDERMINE THE, PROVEN,
WORKFORCE TRAINING MODEL THAT
APPRENTICESHIPS HAVE
TRADITIONALLY TAKEN THE FORM OF,
FURTHER, WE'RE CONCERNED ABOUT
THE SUNSET DATE OF THIS BILL
EXTENDING INTO 2032, PROVIDED
THAT OUR GOVERNOR DOES HAVE THE
GOAL OF 500,000 APPRENTICES TO
BE REGISTERED BY 2029, SO WE
LOOK FORWARD TO CONTINUING,
COLLABORATING WITH CAL AIR AND
FINDING SOME MUTUALLY AGREEABLE
LANGUAGE TO PURSUE THE EXPANSION
OF APPRENTICESHIP. BUT AS
STATED, WE DO HAVE SOME MATERIAL
CONCERNS THAT WE HOPE TO RESOLVE
BEFORE, ADVANCING FURTHER WITH
THIS BILL. THANK YOU. YOU HAVE
ONE MINUTE. I'M SORRY. IF I
COULD ADD ALSO, WE ARE WE ALSO
WANT TO JUST MAKE IT CLEAR THAT
CAL AIR WE ARE IN CONVERSATIONS
WITH CAL AIR AS RECENT AS
YESTERDAY EVENING. AND SO WE,
YOU KNOW, THERE HAS BEEN
MOVEMENT. I WANT TO MAKE SURE
THAT, YOU KNOW, WE'RE STATING
THAT FOR THE RECORD, AND SO
WE'RE HOPEFUL THAT THOSE THINGS
CAN BE RESOLVED BY THE NEXT
POLICY COMMITTEE. BUT I JUST
WANTED TO MAKE SURE THAT I
CLARIFIED THAT AS WELL. 30S
SANDRA GUERRERO, ON BEHALF OF
SEIU CALIFORNIA, ALSO OPPOSE
UNLESS AMENDED. BUT WE FEEL
OPTIMISTIC WITH CONVERSATIONS
WE'VE HAD WITH THE AUTHOR'S
OFFICE THAT OUR CONCERNS WILL BE
ADDRESSED. THANK YOU. IS THERE
ANYONE ELSE IN OPPOSITION THAT
WOULD LIKE TO SPEAK, WE'VE HAD
WE HAVE A WE MOVED BY, ASSEMBLY
MEMBER NGUYEN, SECOND BY
ASSEMBLY MEMBER FUNG, WOULD YOU
LIKE TO CLOSE? THANK YOU, MADAM
CHAIR, AND APPRECIATE THE YEAR
LONG NOW CONVERSATION THAN WE
HAVE HAD WITH OUR LABOR
PARTNERS. I THINK ULTIMATELY WE
ARE ALL IN AGREEMENT THAT THE
VACANCIES ACROSS THE STATE NEED
TO BE RESOLVED IN AN EFFORT TO
REALLY PROVIDE THE SERVICES AND
RESOURCES FOR THE PEOPLE OF
CALIFORNIA. SO I AM HOPEFUL THAT
WE ARE ABLE TO REACH AN
AGREEMENT. AT THE END OF THE
DAY, THERE IS NO POSITION THAT
ANYONE, ANY ONE OF US, WOULD
WANT TO SAY THAT A STATE
EMPLOYEE SHOULD NOT HAVE ACCESS
TO A PENSION AND TO BENEFITS AND
TO HEALTH CARE, BUT WE DO NEED
AN ENTRY POINT TO GET PEOPLE
INTO JOBS. AND I THINK THAT'S
WHERE WE'RE ALL TRYING TO LAND.
AND SO THIS IS A CRITICAL BILL
ON THE EFFECTIVENESS OF
GOVERNMENT ACROSS THE STATE OF
CALIFORNIA WORKING WITH KELLY
CHA AND OUR LABOR PARTNERS TO
REALLY COME TO A RESOLUTION TO
HELP THE PEOPLE OF THE STATE.
WITH THAT, I RESPECTFULLY
REQUEST AN AYE VOTE, ASSEMBLY
MEMBER CARRILLO LAST YEAR, WE
HAD AN INFORMATIONAL HEARING
REGARDING VACANCIES THROUGHOUT
THE PUBLIC SECTOR, AND THIS BILL
COULD HELP DEAL WITH THAT FOR
THE FOR STATE CIVIL SERVICE. BUT
I HAVE CONCERNS THAT THIS BILL
COULD BE ABUSED BY THE STATE TO
INCREASE ITS RESILIENCE ON
TEMPORARY WORKERS TO PERFORM
PERMANENT EMPLOYEE JOBS. AND I
SHARE THE CONCERNS OF THE
OPPONENTS EXPRESSED HERE TODAY.
HOWEVER, TO MOVE THIS ALONG TO
GIVE THE PARTIES MORE TIME TO
TRY TO WORK THINGS OUT AND WORK
TOGETHER. AND I KNOW YOU WILL. I
KNOW HOW ASSEMBLYWOMAN CARRILLO
WORKS ON HER BILLS, AND SO I
KNOW YOU GUYS WILL WORK THIS
OUT, I, I DO I WILL GIVE IT AN
AYE VOTE AND MOVE IT ALONG.
THANK YOU, SECRETARY, PLEASE
CALL THE ROLL. THE MOTION IS
DUE. PASS AS AMENDED. AND RE
REFERRED TO THE COMMITTEE ON
LABOR AND EMPLOYMENT. MCKINLEY
AYE. MCKENNA. AYE. LAKI. LAKI.
AYE. BERNER VINCE. FONG. VINCE.
FONG. AYE. HART. HART AYE.
STEPHANIE. NGUYEN. STEPHANIE.
NGUYEN. AYE. THREE OF US. THIS
BILL HAS FIVE VOTES. THE
SUFFICIENT VOTES TO GET OUT.
WE'LL PUT IT ON HOLD FOR THE
OPEN FLOOR. THANK YOU. OKAY SEE
YOUR LEVEL. TAKE OFF. YEAH
ASSEMBLY MEMBER LOW. ASSEMBLY
MEMBER LOW. YOU'RE HERE TO
PRESENT FILE ITEM NUMBER FIVE.
AB 2421. THIS BILL ENJOYS AN AYE
RECOMMENDATION FROM THE CHAIR
YOU MAY PRESENT WHEN READY.
THANK YOU VERY MUCH, MADAM CHAIR
AND COLLEAGUES, FOR ALLOWING ME
TO PRESENT ASSEMBLY BILL 2421,
WHICH MAKES COMMUNICATIONS
BETWEEN A PUBLIC EMPLOYEE AND
THE UNION REPRESENTATIVE
CONFIDENTIAL. WITH ME TODAY IS
RANDY PERRY WITH PORK AND ALSO
TIM TALBERT, A LEGAL COUNSEL TO
PORK, AND RESPECTFULLY ASK FOR
AYE VOTE. THANK YOU. YOU HAVE
FOUR MINUTES. GOOD MORNING,
MADAM CHAIR AND COMMITTEE
MEMBERS. THANK YOU. I AM TIM
TALBERT AND I AM LEGAL COUNSEL
TO PORAC. PORK IS A CO-SPONSOR
OF AB 2421, THE CALIFORNIA
LEGISLATURE HAS ENACTED A BODY
OF LABOR RELATIONS STATUTES THAT
GUARANTEE PUBLIC EMPLOYEES OF
THIS STATE THE RIGHT TO FORM,
JOIN AND PARTICIPATE IN THE
ACTIVITIES OF LABOR UNIONS FOR
THE PURPOSE OF REPRESENTATION ON
ALL MATTERS OF EMPLOYER EMPLOYEE
RELATIONS. THESE SAME STATE LAWS
GUARANTEE LABOR UNIONS THE RIGHT
TO REPRESENT THEIR MEMBERS IN
THEIR EMPLOYMENT RELATIONS WITH
PUBLIC AGENCIES. IF PUBLIC
SECTOR LABOR UNIONS ARE TO
FUNCTION AS GUARANTEED BY STATE
LAW, UNION MEMBERS MUST BE FREE
TO COMMUNICATE WITH THEIR UNION
REPRESENTATIVES ABOUT
REPRESENTATIONAL MATTERS SUCH AS
DISCIPLINE, GRIEVANCES AND
CONTRACT NEGOTIATIONS WITHOUT
UNDUE INTERFERENCE FROM THE
PUBLIC. EMPLOYER UNION MEMBERS
MUST BE ASSURED THAT WHAT THEY
TELL THEIR UNION REPRESENTATIVES
IN CONFIDENCE CANNOT BE FORCED
OUT OF THEIR REPRESENTATIVES BY
THE GOVERNMENT. EMPLOYER OR ITS
AGENTS. UNION MEMBERS MUST KNOW
AND BE SECURE IN FEELING THAT
THEIR UNION REPRESENTATIVES WILL
NOT BE TRANSFORMED INTO
UNWILLING AGENTS OF THE
EMPLOYER. AB 2421 ACCOMPLISHES
THESE OBJECTIVES AND ALIGNS WITH
EXISTING PRECEDENT OF THE
CALIFORNIA PUBLIC EMPLOYMENT
RELATIONS BOARD. AS STATED BY
PERB, IT IS BEYOND DISPUTE THAT
THE EMPLOYER'S INQUIRIES INTO
DISCUSSIONS BETWEEN EMPLOYEES
AND THEIR UNION REPRESENTATIVES
HAVE A TENDENCY TO CHILL THE
PROTECTED ACTIVITIES OF BOTH
EMPLOYEES AND REPRESENTATIVES,
ALLOWING AN EMPLOYER TO COMPEL
DISCLOSURE OF SUBSTANCES SUCH OF
CONVERSATIONS BETWEEN EMPLOYEES
AND THEIR UNION REPRESENTATIVES
MANIFESTS ONLY RESTRAINS
EMPLOYEES IN THEIR WILLINGNESS
TO CANDIDLY DISCUSS MATTERS WITH
THEIR CHOSEN UNION
REPRESENTATIVES, AND INHIBITS
UNION REPRESENTATIVES IN
OBTAINING NEEDED INFORMATION.
PURPOSE HELD THAT SUCH COERCIVE
QUESTIONING BY EMPLOYERS
UNLAWFULLY INTERFERES WITH THE
RIGHTS OF UNION MEMBERS AND
PUBLIC SECTOR UNIONS, AND
CONSTITUTE UNFAIR LABOR
PRACTICES. IN RESPONSE TO
CONCERNS RAISED BY OPPONENTS OF
AB 2421, THIS BILL DOES NOT SEEK
TO CREATE AN EVIDENTIARY
PRIVILEGE LIKE THE ATTORNEY
CLIENT PRIVILEGE OR THE DOCTOR
PATIENT PRIVILEGE. THE
CONFIDENTIALITY PROTECTIONS ONLY
PROHIBIT PUBLIC EMPLOYERS AND
THOSE ACTING ON THEIR BEHALF
FROM QUESTIONING UNION MEMBERS
AND UNION REPRESENTATIVES ABOUT
CONFIDENTIAL COMMUNICATIONS
UNDERTAKEN AS PART OF THE UNIONS
REPRESENTATION OF A MEMBER.
PERSONS OTHER THAN THE EMPLOYER
OR ITS AGENTS ARE NOT PROHIBITED
FROM ASKING QUESTIONS ABOUT
UNION COMMUNICATIONS UNLESS
PROTECTED BY OTHER LAWS. THIS
BILL ALSO DOES NOT PREVENT
PUBLIC EMPLOYERS FROM
QUESTIONING UNION
REPRESENTATIVES ABOUT WHAT THEY
PERSONALLY OBSERVED, SO LONG AS
THE EMPLOYER DOES NOT EXPAND THE
INQUIRY INTO CONFIDENTIAL
COMMUNICATIONS ABOUT UNION
REPRESENTATIONAL ACTIVITIES.
LIKEWISE, INDIVIDUAL UNION
MEMBERS COULD NOT REFUSE TO
DISCLOSE COWORKER MISCONDUCT
THEY WITNESSED IN THE WORKPLACE.
FOR THIS REASON, AB 2421 WILL
NOT HAMPER EMPLOYER WORKPLACE
INVESTIGATIONS INTO ALLEGATIONS
OF DISCRIMINATION, HARASSMENT OR
WORKPLACE SAFETY. THE EMPLOYER
AND ITS AGENTS REMAIN FREE TO
QUESTION EMPLOYEES, INCLUDING
UNION REPRESENTATIVES, ABOUT
MISCONDUCT THEY WITNESSED IN THE
WORKPLACE. FINALLY, ONLY THE
AUTHORIZED UNION REPRESENTATIVE
AND UNION MEMBERS ARE PROTECTED
BY THE BILL. CONFIDENTIAL
COMMUNICATIONS BETWEEN UNION
MEMBERS AND UNION
REPRESENTATIVES ARE PROTECTED
FROM DISCLOSURE BY REPRESENTED.
EMPLOYEES CAN VOLUNTARILY WAIVE
THE CONFIDENTIALITY OF SUCH
COMMUNICATIONS IF THEY CHOOSE TO
DO SO. GIVEN THE LIMITED NATURE
OF AB 2421, PORAC ACKNOWLEDGES
THAT SECTION ONE OF THE BILL
IMPRECISELY REFERS TO
ESTABLISHED AN EVIDENTIARY
PRIVILEGE AND TO SUPERSEDING THE
AMERICAN AIRLINES CASE. SECTION
ONE CAN BE AMENDED TO BETTER
CLARIFY THE INTENT. THE BILL CAN
ALSO BE AMENDED TO COVER OTHER
CALIFORNIA PUBLIC SECTOR LABOR
RELATIONS STATUTES AS
APPROPRIATE. AND WE URGE THAT
YOU VOTE AYE FOR THIS BILL.
THANK YOU. YOU HAVE ONE MINUTE,
MADAM CHAIR. MEMBERS RANDY PERRY
, AARON REID AND ASSOCIATES, ON
BEHALF OF THE OTHER CO-SPONSOR,
CALIFORNIA ASSOCIATION OF
HIGHWAY PATROL AND SUPPORT,
THANK YOU. ARE THERE ANY OTHER
WITNESSES IN SUPPORT? PLEASE
GIVE YOUR NAME, ORGANIZATION AND
POSITION. GOOD MORNING, JOHN
SHANNON. GOOD MORNING, JOHN
SHIBAN, CALIFORNIA NURSES
ASSOCIATION IN STRONG SUPPORT.
THANK YOU, MATT BROWN, ON BEHALF
OF THE CALIFORNIA SCHOOL
EMPLOYEES ASSOCIATION IN
SUPPORT. THANK YOU, KOBE PISANI
ON BEHALF OF CALIFORNIA
ASSOCIATION OF PSYCHIATRIC
TECHNICIANS AND SUPPORT. PAT
MORAN WITH AARON READING
ASSOCIATES, REPRESENTING THE
ORANGE COUNTY EMPLOYEES
ASSOCIATION AND THE CALIFORNIA
ASSOCIATION OF PROFESSIONAL
SCIENTISTS IN SUPPORT. THANK YOU
, SANDRA BORRERO ON BEHALF OF
SEIU CALIFORNIA, IN SUPPORT MATT
HEADY FOR LONG BEACH POLICE
OFFICERS ASSOCIATION, THE
CALIFORNIA FRATERNAL ORDER OF
POLICE. WE ARE IN SUPPORT. MADAM
CHAIR, MEMBERS LOUIE COSTA WITH
SMART TRANSPORTATION DIVISION,
STATE LEGISLATIVE BOARD IN
SUPPORT. SETH BRAMBLE SPEAKING
THIS MORNING ON BEHALF OF THE
CALIFORNIA TEACHERS ASSOCIATION.
WE ARE PROCESSING OUR SUPPORT
POSITION. THANK YOU. ARE THERE
ANY WITNESSES IN OPPOSITION?
PLEASE COME FORWARD.
THANK YOU SO MUCH. YOU HAVE FOUR
MINUTES TOTAL. GOOD MORNING.
CHAIR AND MEMBERS. JOHNNY PINA
WITH THE LEAGUE OF CALIFORNIA
CITIES TODAY HERE IN RESPECTFUL
OPPOSITION TO AB 2421, I JUST
WANTED TO FIRST THANK THE STAFF
FOR THE ANALYSIS AND THE AUTHOR
AND SPONSORS FOR YOUR COMMENTS
ADDRESSING, OUR OPPOSITIONS
CONCERN WITH, WITH THE BILL.
HOWEVER, HOWEVER, OUR CONCERNS
ARE CONSISTENT WITH THE ISSUES
RAISED IN RESPONSE TO A SIMILAR
PAST LEGISLATION AND THAT THE
BILL WOULD RESTRICT, IN OUR
OPINION, THE EMPLOYER'S ABILITY
TO MEET OUR LEGAL OBLIGATION TO
CONDUCT INTERNAL INVESTIGATIONS
INTO WORKPLACE SAFETY,
HARASSMENT, THREATS OF VIOLENCE
AND OTHER ALLEGATIONS IF THE
EMPLOYER IS LIMITED IN ITS IN
ITS COMMUNICATIONS WITH
EMPLOYEES, IT WILL MAKE IT MUCH
MORE DIFFICULT TO CREATE SAFER
WORKPLACES FREE FROM UNLAWFUL
DISCRIMINATION AND HARASSMENT,
IN ORDER TO CONDUCT PROPER
INVESTIGATIONS THAT UPHOLD THE
PUBLIC'S TRUST. IT IS CRITICAL
THAT A PUBLIC EMPLOYER HAVE THE
ABILITY TO INTERVIEW ALL
POTENTIAL PARTIES AND WITNESSES
TO ASCERTAIN THE FACTS. THE BILL
COULD INTERFERE WITH
INVESTIGATIONS BECAUSE THE
EMPLOYEE REPRESENTATIVE COULD
POTENTIALLY PREVENT AN EMPLOYER
FROM COMPELLING A COMPREHENSIVE
INVESTIGATION BY APPLYING
PRIVILEGE OVER VIRTUALLY ANY
WORK RELATED COMMUNICATION
BETWEEN THEMSELVES AND THE
EMPLOYEE. THIS IS ESPECIALLY
PROBLEMATIC BECAUSE THE UNION
REPRESENTATIVE DOES NOT ONLY
REPRESENT ONE WORKER, BUT THE
BARGAINING UNIT AS A WHOLE, AND
COULD THEMSELVES BE A PART OF
THE INVESTIGATION. GIVING
SOMETHING AS SIMILAR TO ATTORNEY
CLIENT PRIVILEGE TO TWO
EMPLOYEES, AB TWO 2421 LACKS THE
GUARDRAILS TO PREVENT POTENTIAL
CONFLICTS OF INTEREST THAT COULD
ARISE DURING EMPLOYEE CONFLICTS.
AND I WANT TO, RAISE A QUESTION
THAT WAS RAISED IN A PREVIOUS
VERSION OF THE BILL OF WHAT A
UNION AGENT'S DUTY WOULD BE IF A
UNION AGENT LEARNED THAT ONE
REPRESENTED EMPLOYEE SUSPECTED
OF HARASSING A SECOND,
REPRESENTED EMPLOYEE, AND TENDED
TO CONTINUE TO GIVE UNWANTED
ATTENTION TO THE SECOND EMPLOYEE
IN A WAY THAT DID NOT RISE TO A
LEVEL OF CRIMINAL CONDUCT. HOW
WOULD THE AGENT RECONCILE THE
PRIVILEGE TO THE FIRST EMPLOYEE
WITH HIS OR HER DUTY TO
REPRESENT THE SECOND EMPLOYEE?
FINALLY, GIVEN THE BROAD NATURE
OF THE BILL, IT COULD BE READ TO
PROHIBIT EMPLOYEES FROM
COMMUNICATING WITH EMPLOYEES
ABOUT ANYTHING FROM DAY TO DAY
ACTIVITIES TO MATTERS THAT ARE
IMPORTANT IMPORTANT FOR
GOVERNMENT OPERATIONS, AS
EMPLOYERS MAY NOT EVEN KNOW THEY
ARE VIOLATING THE BILL BY
COMMUNICATING WITH STAFF BECAUSE
ONLY THE EMPLOYEE OR THEIR
REPRESENTATIVE COULD KNOW. WHAT
WAS MADE, IN CONFIDENCE. AND FOR
THOSE REASONS, WE'RE WHERE WE'RE
RESPECTFULLY OPPOSED, BUT LOOK
FORWARD TO WORKING WITH THE
AUTHOR AND SPONSOR. THANK YOU.
YOU HAVE A MINUTE? THANK YOU.
ASHLEY HOFFMAN, ON BEHALF OF THE
CALIFORNIA CHAMBER OF COMMERCE,
RESPECTFULLY IN OPPOSITION,
WHILE OUR MEMBERS ARE NEARLY ALL
PRIVATE COMPANIES, WE ARE REALLY
HERE TODAY BECAUSE OF THE PRIOR
LEGISLATION THAT HAS BEEN
CONSIDERED BY THE LEGISLATURE
THAT WOULD HAVE APPLIED TO BOTH
PUBLIC AND PRIVATE ENTITIES, AND
THE PRECEDENT THAT A BILL LIKE
THIS WOULD SET FOR THE PRIVATE
SECTOR, AS WELL. AGAIN, I ALSO
WANT TO ECHO THE THANK YOU TO
THE AUTHORS, STAFF AND THE
SPONSORS FOR MEETING WITH US
SEVERAL TIMES TO TALK ABOUT
THIS, AND VERY GLAD TO HEAR THAT
THERE IS A WILLINGNESS TO AMEND
SECTION ONE OF THE BILL. A LOT
OF OUR CONCERNS REALLY HAD COME
FROM THE REFERENCE TO AMERICAN
AIRLINES, IN THAT CASE, AND THE
USE OF SUCH A PRIVILEGE IN CIVIL
LITIGATION, INCLUDING WHERE THE
UNION STEWARD HAD BEEN A
PERCIPIENT WITNESS TO THE
DISCRIMINATORY AND ILLEGAL
BEHAVIOR WE DO HAVE SOME
OUTSTANDING CONCERNS, HOWEVER,
FOR EXAMPLE, WE SHARE OUR
COLLEAGUES CONCERNS ABOUT THE
ABILITY TO CONDUCT
INVESTIGATIONS IN THE WORKPLACE.
WE AS EMPLOYER DO HAVE LEGAL
DUTIES TO INVESTIGATE THOSE
SITUATIONS. WHEN WE BECOME AWARE
THAT THEY HAVE OCCURRED, WE DO
ALSO ECHO SOME OF THE Ó AM I
ANALYSIS ABOUT CLARITY NEEDED IN
THE BILL, AND THANK YOU FOR YOUR
TIME. THANK YOU, THANK YOU. ARE
THERE ANY OTHER WITNESSES IN
OPPOSITION? PLEASE COME FORWARD
AND GIVE YOUR NAME, ORGANIZATION
AND POSITION. GOOD MORNING.
KATELYN DEAN WITH THE CALIFORNIA
STATE ASSOCIATION OF COUNTIES
AND RESPECTFUL OPPOSITION, ALSO
ON BEHALF OF THE URBAN COUNTIES
OF CALIFORNIA, THE RURAL
COUNTIES OF CALIFORNIA. EXCUSE
ME, THE RURAL COUNTY
REPRESENTATIVES OF CALIFORNIA
AND PUBLIC RISK INNOVATION
SOLUTIONS AND MANAGEMENT. GOOD
MORNING, DOROTHY JOHNSON, ON
BEHALF OF THE ASSOCIATION OF
CALIFORNIA SCHOOL
ADMINISTRATORS, IN OPPOSITION.
AND ALSO FOR MY COLLEAGUE, THE
CALIFORNIA ASSOCIATION OF JOINT
POWERS AUTHORITIES. THANK YOU.
GOOD MORNING, MADAM CHAIR, AND
MEMBERS, AARON AVERY WITH THE
CALIFORNIA SPECIAL DISTRICTS
ASSOCIATION, RESPECTFULLY
OPPOSED. THANK YOU. GOOD
MORNING, ANDREW MARTINEZ,
COMMUNITY COLLEGE LEAGUE OF
CALIFORNIA RESPECTFULLY OPPOSE
SEEING NO MORE WITNESSES. I'D
LIKE TO BRING IT BACK TO THE
COMMITTEE. ANY COMMENTS OR
QUESTIONS? BILL THE BILL? NO
ONE. NO COMMENTS. THE BILL WAS
MOVED MOVED BY ASSEMBLYMEMBER
HART, SECOND BY ASSEMBLY MEMBER
NGUYEN, SECRETARY, PLEASE CALL
THE ROLL. I'M SORRY.
ASSEMBLYMEMBER LOWE, WOULD YOU
LIKE TO CLOSE? I JUST WANT TO
ACKNOWLEDGE, OPPOSITION AND LOOK
FORWARD TO CONTINUING
CONVERSATION AND ADDRESSING SOME
OF THESE OUTSTANDING CONCERNS.
RESPECTFULLY ASK THE COMMITTEE
FOR CONSIDERATION AND I VOTE.
THANK YOU. THE MOTION IS DO PASS
AND BE REFERRED TO THE COMMITTEE
ON APPROPRIATIONS. MCKENNA I
MCKENNA I LAKI LAKI NOT VOTING.
BERNER. VINCE FONG VINCE. VAUGHN
NOT VOTING HEARTS I HEART I
STEPHANIE NGUYEN STEPHANIE
NGUYEN I THREE OF US BAD BILL
HAS THREE VOTES. WE'LL PUT IT ON
CALL. THANK YOU, THANK YOU.
ASSEMBLY MEMBER NGUYEN. NGUYEN
NO. THAT'S GOOD. THESE ARE
.
I'LL BE HANDING THE GAVEL OFF TO
MY VICE CHAIR, ASSEMBLY MEMBER
LACKEY. OKAY. AS I PRESENT MY
BILL, I MOVE OVER. MICHAEL.
THAT'S COOL. THANK YOU.
OKAY. I THINK, SENATOR MEMBER
KENNEDY, YOU'RE HERE TO PRESENT
FILE ITEM NUMBER 12, WHICH IS
THE AB 1997. AND AS EXPECTED, I
THINK IT DOES ENJOY AN I
RECOMMENDATION FROM YOU.
ANYWAYS. IT IS A DO PASS TO
REFER TO COMMITTEE ON
APPROPRIATIONS, AND YOU MAY
PROCEED. YES. MR. VICE CHAIR AND
MEMBERS AB 1997 SIMPLIFIES
CALSTRS REPORTING REQUIREMENTS
FOR SCHOOL DISTRICTS ACROSS THE
STATE TO REDUCE REPORTING
ERRORS, ADDRESS AUDITING
FINDINGS, UPDATE BENEFIT
CHANGES, AND CORRECT
OVERPAYMENTS THAT MAY OCCUR AT
CALSTRS. THE BILL SIMPLIFIES
REPORTING REQUIREMENTS REGARDING
CREDIBILITY, COMPENSATION,
CREDIBILITY, SERVICE TOWARDS
ADDRESSING CHALLENGES, AND
ACCOMPLISHES THIS BY DEFINING
ANNUALIZED PAY RATE AND
REDEFINING WHAT CREDIBILITY
SERVICES MEAN, REQUIRING
TRANSPARENCY REGARDING ANNUAL
PAY RATES AND SALARY, CLARIFYING
THE INCLUSION OF SUPPLEMENTAL
PAY FOR CREDIBILITY SERVICES.
CREATING ONE DEFINITION FOR
CREDIBILITY COMPENSATION, AND
CONSOLIDATING THE COMPENSATION
INTO THREE PAY TYPES. REDUCING
ADMINISTRATIVE COMPLEXITY AND
BURDENS FOR CALSTRS AND CALSTRS
EMPLOYEE JOCELYN MARTINEZ HèA,
DIRECTOR OF GOVERNMENTAL
RELATIONS AT THE CALIFORNIA
STATE TEACHERS RETIREMENT
SYSTEM, AND DEREK LENNOX, SENIOR
DIRECTOR, GOVERNMENT RELATIONS
AND LEGAL AFFAIRS AT THE
CALIFORNIA COUNTY
SUPERINTENDENTS ASSOCIATION, ARE
HERE TO TESTIFY IN SUPPORT OF
THIS BILL TODAY. THANK YOU. YOU
MAY PROCEED. GOOD MORNING, MR.
CHAIR. MEMBERS OF THE COMMITTEE,
JOYCELYN MARTINEZ WADE WITH THE
CALIFORNIA STATE TEACHERS
RETIREMENT SYSTEM, SPONSORS OF
AB 1997. I WANT TO TAKE THIS
OPPORTUNITY TO THANK THE CHAIR
FOR AUTHORING THIS IMPORTANT
BILL. AND NEXT, I REALLY WANT TO
TAKE THE OPPORTUNITY TO THANK
OUR MEMBER AND EMPLOYER PARTNERS
FOR WORKING WITH US FOR WELL
OVER A YEAR TO CRAFT THIS
LEGISLATION TO SIMPLIFY OUR VERY
COMPLEX STATUTES RELATING TO
CREDIBLE COMPENSATION AND
CREDITABLE SERVICE. WE SEE
ISSUES AS THE AUTHOR COVERED
WITH REPORTING ERRORS, AND THIS
WILL FIX THE FOUNDATIONAL
PROBLEM THAT LEADS TO AUDIT
FINDINGS, BENEFIT ADJUSTMENTS
AND OVERPAYMENTS FOR OUR
MEMBERS. AGAIN, THIS BILL SOLVES
THE PROBLEM BY SIMPLIFYING THE
STATUTES THAT WE HAVE. THE CHAIR
COVERED THE DETAILS I THINK. SO,
AGAIN, JUST TO EXPRESS THE
GRATITUDE, HAPPY TO ANSWER ANY
QUESTIONS AND RESPECTFULLY ASK
FOR AN AYE VOTE. THANK YOU. GOOD
MORNING, CHAIR MEMBERS DEREK
LENNOX, ON BEHALF OF THE 58
COUNTY SUPERINTENDENTS OF
SCHOOLS, LIKE JOCELYN, I WOULD
LIKE TO CREDIT THE AUTHOR AND
CALSTRS IN PARTICULAR FOR
INTRODUCING AND SPONSORING THIS
MEASURE. THOUGH THE PROVISIONS
OF THE MEASURE ARE QUITE COMPLEX
AND TECHNICAL, THEY ARE THE
RESULT OF DEEP INQUIRY OVER THE
PAST YEAR, AS CALSTRS MENTIONED,
BETWEEN RETIREMENT RETIREE
ORGANIZATIONS AND EMPLOYERS AND
THE SYSTEM. SO BIG THANKS. THERE
THE ONLY THING I'LL NOTE IS THAT
COUNTY SUPERINTENDENTS SORT OF
HAVE A FRONT ROW SEAT TO HOW THE
REPORTING SYSTEM WORKS FROM THE
EMPLOYERS SIDE, AND IT IS THE
EMPLOYER REPORTING THAT LEADS TO
EITHER CORRECT REPORTING OR
INADVERTENT ERRORS ALONG THE
WAY. SO WE GET TO SEE WHAT'S
WORKING WELL AND WHAT'S NOT. AND
THE CHANGES THAT ARE OCCURRING
IN AB 1997 ARE GOING TO ADDRESS
THOSE ROOT CAUSE ISSUES WHERE WE
DO HAVE SYSTEM COMPLEXITY AND
AMBIGUITY. SO THIS IS A REALLY
IMPORTANT MEASURE. AND I JUST
WANT TO ACKNOWLEDGE THAT IT
FOLLOWS UP ON AN IMPORTANT BILL
FROM TWO YEARS AGO, AB 1667,
WHICH ADDRESSED THE TIMELY,
ACCURATE AND CONSISTENT
REPORTING ADVICE THAT COMES FROM
CALSTRS, AS WELL AS REALLY
IMPORTANTLY, THE RELIEF THAT'S
PROVIDED TO RETIRED MEMBERS WHEN
ERRORS DO OCCUR BECAUSE IT
IMPACTS THEM VERY DIRECTLY. SO
NOW WE MOVE ON TO THE DEEPER
INQUIRY OF ROOT CAUSE ANALYSIS,
AND WE'RE SO PLEASED TO SUPPORT
THE BILL AS A RESULT. THANK YOU.
THANK YOU. OKAY. WE HAVE A
MOTION AND A SECOND. EXCUSE ME.
DO YOU HAVE ANY OTHER WITNESSES
THAT WOULD LIKE TO EXPRESS THEIR
SUPPORT? PLEASE COME FORWARD.
THANK YOU, MR. CHAIR. AND
MEMBERS, JEFF BACA, REPRESENTING
THE RIVERSIDE COUNTY
SUPERINTENDENT OF SCHOOLS. THANK
YOU TO THE AUTHOR AND THE
SPONSOR IN STRONG SUPPORT. KATHY
KENNELLY, CHAIR OF THE
GOVERNMENT RELATIONS COMMITTEE,
CALIFORNIA RETIRED TEACHERS
ASSOCIATION. WE ARE IN SUPPORT.
THANK YOU. ON BEHALF OF,
CALIFORNIA RETIRED TEACHERS
ASSOCIATION, THE LARGE
ORGANIZATION, WE'RE VERY
APPRECIATIVE OF THE BILL MOVING
FORWARD AND WOULD APPRECIATE
YOUR SUPPORT. GOOD MORNING,
DOROTHY JOHNSON, BEHALF OF THE
ASSOCIATION OF CALIFORNIA SCHOOL
ADMINISTRATORS. PLEASED TO BE IN
SUPPORT OF THIS VERY IMPORTANT
MEASURE. ANNA MATTHEWS WITH THE
FACULTY ASSOCIATION OF THE
CALIFORNIA COMMUNITY COLLEGES IN
STRONG SUPPORT OF THIS MEASURE.
THANK YOU. GOOD MORNING. MARTHA
ZARAGOZA DIAZ, REPRESENTING THE
DELTA KAPPA GAMMA CALIFORNIA, A
STATEWIDE WOMEN'S EDUCATORS
ORGANIZATION IN STRONG SUPPORT.
SETH BRAMBLE, HERE ON BEHALF OF
THE CALIFORNIA TEACHERS
ASSOCIATION, WE ARE PROCESSING
OUR SUPPORT POSITION. OKAY MITCH
STEIGER WITH CFT ALSO IN SUPPORT
. ALL RIGHT. NOW LET'S MOVE TO
WITNESSES AND OPPOSITION. OKAY.
SEEING NONE, ANYONE IN THE ROOM
LIKE TO EXPRESS THEIR OPPOSITION
. OKAY. I SEE NONE. BRING IT
BACK TO THE COMMITTEE. ARE THERE
ANY COMMENTS? QUESTIONS OKAY. WE
HAVE A MOTION TO SECOND. IT'S UP
TO YOU. TO CLOSE, I RESPECTFULLY
ASK FOR YOUR. I VOTE. OKAY,
MADAM SECRETARY, IF WE COULD TO
CALL. THE MOTION IS Dð PASS AND
BE REFERRED TO THE COMMITTEE ON
APPROPRIATIONS. MCKENNA I
MCKENNA I LACKEY I LACKEY I
BERNER VINCE FONG I VINCE FONG I
HART. HEART I STEPHANIE NGUYEN
STEPHANIE NGUYEN I THREE OF US.
THIS BILL HAS FIVE VOTES. WE'LL
PUT IT ON CALL FOR ADD ONS. I
JUST WANTED TO ADD THAT IT'S
KIND OF UNUSUAL AS A FORMER
SCHOOL BOARD MEMBER, TO SEE
EMPLOYERS AND EMPLOYEE GROUPS
ALL IN AGREEMENT. IT'S VERY
REFRESHING. SO CONGRATULATIONS.
THANK YOU. THANK YOU.
OKAY.
THANK YOU.
WHILE WE'RE WAITING, WE WILL
TAKE UP THE CONSENT CALENDAR FOR
ADD ONS. MADAM SECRETARY, A.B.
1941, ITEM NUMBER ONE. ITEM
NUMBER SIX, AB 2538. ITEM NUMBER
11, AB 2301. ITEM NUMBER 13 AB
2770. THE CURRENT VOTE IS 4 TO 0
WITH THE CHAIR VOTING AYE.
NGUYEN I NGUYEN I BEALL THAT
VOTE IS FIVE ZERO. WE'LL PUT IT
ON CALL. THANK YOU.
WATERS ONE. ALL THAT SHE WANTS
TO ADD. YEAH. YEAH. HELLO.
YEAH SO COOL. YEAH.
IT'S VERY. ASSEMBLY MEMBER
MCCARTY, YOU'RE HERE TO PRESENT
FILE ITEM NUMBER TWO, AB 2088.
THE BILL ENJOYS AN AYE
RECOMMENDATION FROM THE CHAIR.
AND THE MOTION IS TO PASS AND
REFERRED TO THE COMMITTEE ON
HIGHER EDUCATION, YOU MAY
PROCEED WHEN READY. SO WE HAVE A
MOTION A SECOND. SO I SHOULDN'T
GO TO MY 30 MINUTE PRESENTATION?
NO. OKAY, GOOD. THANK YOU. THIS
IS A BILL WE MAY BE FAMILIAR
WITH. WE'RE WORKING WITH THE
ADMINISTRATION TO TRY TO CLEAN
UP SOME OF THE ISSUES RELATED TO
CLASSIFIED EMPLOYEES,
ESSENTIALLY GIVING THEM A RIGHT
TO APPLY FOR A JOB, GIVING THEM
THE FIRST CHANCE. SO THE
HYPOTHETICAL YOU HAVE SOMEBODY
WHO'S A BUS DRIVER FOR A SCHOOL
DISTRICT, THEY'RE WORKING PART
TIME ISH HOURS, AND THERE'S AN
OPENING IN THE CAFETERIA FOR
LUNCH TIME. SO WHY SHOULDN'T
THEY GET THE FIRST CRACK AT THIS
JOB? ALL THINGS BEING EQUAL,
THIS WOULDN'T GUARANTEE HIM THE
JOB. THIS WOULD JUST GIVE THEM
THE FIRST CRACK AT APPLYING FOR
THESE POSITIONS WITH ME TODAY,
OUR CSCA AND CFT. I'LL LET THEM
EXPLAIN, THE REASONING A LITTLE
BIT MORE. AND RESPECTFULLY ASK
FOR YOUR I VOTE. THANK YOU. YOU
GUYS HAVE FOUR MINUTES. OKAY.
THANK YOU, MADAM CHAIR. MATT
BROD HERE ON BEHALF OF THE
CALIFORNIA SCHOOL EMPLOYEES
ASSOCIATION. PROUD TO CO-SPONSOR
FOR THIS BILL, AGAIN, THE
REINTRODUCTION OF AB 1699 FROM
LAST YEAR. I'LL JUST VERY
BRIEFLY SPEAK ABOUT THE STATUS
OF AMENDMENTS BETWEEN LAST
YEAR'S BILL AND THIS YEAR'S
BILL. WE MADE IT ALL THE WAY TO
THE GOVERNOR, THE UNFORTUNATELY,
THE ADMINISTRATION SENT THE BILL
BACK WITH A VETO WITH THE
INSTRUCTION TO KEEP WORKING WITH
EDUCATION EMPLOYERS. AND THAT'S
WHAT WE'VE DONE. WE MADE SURE TO
MEET WITH THEM, OVER THE PAST
COUPLE MONTHS. AND HEAR CONCERNS
ABOUT THE MECHANICS OF THE BILL
AND DO OUR BEST TO ADDRESS THOSE
CONCERNS WITHOUT COMPROMISING
THE SPIRIT OF THE BILL. AND I
THINK THAT'S WHAT WE HAVE TODAY.
AND JUST TO SUMMARIZE THE SORT
OF THREE BIG THINGS WE ADDRESSED
IS ONE, WE'RE MUCH MORE
DEFERENTIAL TO THE COLLECTIVE
BARGAINING PROCESS, DISTRICTS
AND UNIONS CAN NEGOTIATE
ALTERNATIVE AGREEMENTS AT THE
SAME TIME WHEN SELECTING BETWEEN
TWO INTERNAL CANDIDATES THAT CAN
ALSO BE BARGAINED, WHICH WAS A
CONCERN LAST YEAR. AND FINALLY,
AND PERHAPS MOST IMPORTANTLY,
WE'RE NOW REQUIRING THAT
EMPLOYEES MUST MEET THE JOB
QUALIFICATIONS AT THE TIME OF
APPLICATION AS OPPOSED TO THE
START DATE. I KNOW THAT WAS A
BIG STICKING POINT FOR SOME OF
THE EMPLOYER GROUPS, WE'RE
COMMITTED TO CONTINUE TALKING
WITH THEM. I'M NOT SURE THERE'S
ANY SILVER BULLET THAT'S GOING
TO GET THEM TO BE NEUTRAL OR
SUPPORT THE BILL, ALTHOUGH THEY
HAVE OUR COMMITMENT TO ALWAYS
KEEP TALKING. AND WITH THAT,
JUST ASK FOR YOUR VOTE TODAY.
THANK YOU. THANK YOU, THANK YOU,
MADAM CHAIR. MEMBERS AND STAFF,
MITCH STEIGER WITH CFT ALSO
PROUD TO CO-SPONSOR THIS BILL
AND WOULD JUST ADD TO THE
PRESENTATION FROM THE AUTHOR AND
THE PREVIOUS WITNESS THAT AT
HEART, WE SEE THIS BILL AS
REALLY BEING ABOUT RESPECT THAT
THIS IS ABOUT THE STATE SENDING
A MESSAGE TO CLASSIFIED WORKERS
THAT THEIR WORK IS VALUABLE. AND
WE UNDERSTAND THAT IT'S TOUGH TO
BE A BUS DRIVER WHO WORKS TWO
HOURS IN THE MORNING AND TWO
HOURS IN THE AFTERNOON. IT'S
VERY DIFFICULT TO KEEP PEOPLE IN
THESE JOBS, IN LARGE PART
BECAUSE THEY OFTEN JUST DON'T
GET ENOUGH HOURS TO MAKE ENDS
MEET. THEY CAN OFTEN MAKE MORE
MONEY BY GOING TO DO SOMETHING
ELSE, BUT THEY LOVE THE WORK.
THEY LOVE BEING ABLE TO BE A
PART OF THE EDUCATION SYSTEM AND
CONTRIBUTE TO IT. AND THEY LIKE
TO STAY THERE, BUT THEY OFTEN
CAN'T JUST BECAUSE THEY CAN'T
GET THE HOURS. AND THIS BILL IS
ABOUT US SENDING A MESSAGE THAT
WE WANT THEM TO STAY THERE, THAT
THEIR YEARS OF SERVICE ARE
VALUED, THAT THEIR WORK IS
VALUED. AND WITH THIS STEP IN
THAT DIRECTION, WE CAN GIVE THEM
THE HOURS THAT THEY NEED TO MAKE
ENDS MEET AND STAY ON THE JOB.
AND SO WITH THAT, WE WOULD URGE
YOUR SUPPORT. THANK YOU. THANK
YOU. ARE THERE ANY MORE
WITNESSES IN SUPPORT? PLEASE
COME FORWARD AND GIVE YOUR NAME,
ORGANIZATION AND POSITION. THANK
YOU, MADAM CHAIR. MEMBERS.
JANICE O'MALLEY WITH ACME,
CALIFORNIA AND SUPPORT. THANK
YOU. SETH BRAMBLE WITH THE
CALIFORNIA TEACHERS ASSOCIATION
PROCESSING OUR SUPPORT POSITION.
KIMBERLY ROSENBERGER WITH SEIU
IN SUPPORT. YVONNE FERNANDEZ,
CALIFORNIA LABOR FEDERATION AND
SUPPORT. THANK YOU. ARE THERE
ANY WITNESSES IN OPPOSITION? SEE
YOU LATER. THANK YOU. YOU HAVE
FOUR MINUTES IN TOTAL. GOOD
MORNING, MADAM CHAIR. MEMBER
DOROTHY JOHNSON WITH THE
ASSOCIATION OF CALIFORNIA SCHOOL
ADMINISTRATORS, RESPECTFULLY, IN
OPPOSITION TO AB 2088. WE
DEFINITELY APPRECIATE AND
RECOGNIZE THE EFFORTS OF THE
SPONSOR AND AUTHOR TO COME BACK
TO THE VERSION WHERE WE LEFT OFF
WHEN IT WAS ENROLLED AND ON THE
GOVERNOR'S DESK, AND WE DO
RECOGNIZE THE CHANGES. BUT
REGRETFULLY, WE STILL CONCUR
WITH THE GOVERNOR'S ASSESSMENT
THAT THIS WILL IMPACT STUDENTS
AND THE SERVICES THEY RECEIVE.
SO WE DO REMAIN IN OPPOSITION.
AND I ALSO WANT TO SAY MY THANKS
FOR THE COMMITTEE ANALYSIS THAT
SPEAKS ABOUT THE TEN DAY WAITING
PERIOD. NOT ONLY DO WE THINK
THAT IS SUBJECT TO
INTERPRETATION OF WHEN EXTERNAL
CANDIDATES COULD APPLY, BUT
FURTHERMORE, IT COULD HAVE US
MISS OUT ON OPPORTUNITIES TO
ACTUALLY RECRUIT IN WHEN WE
DON'T HAVE AN INTERNAL CANDIDATE
TO BRING SOMEONE INTO THE SCHOOL
EDUCATION, COMMUNITY AND THE
EMPLOYMENT COMMUNITY THERE. WE
ALSO APPRECIATE THE NOTE THAT
EXPANDING THE SCOPE OF
BARGAINING AND ESTABLISHING A
LEGISLATIVE STANDARD FOR FUTURE
BARGAINING TO BE MODELED ON AB
2088 COULD BE CONSIDERED AN
OVERREACH AND DETRIMENTAL AGAIN,
TO STUDENT SERVICES. WE'VE
TALKED VERY BROADLY. I THINK
LAST YEAR WHEN THIS BILL WAS
MOVING THROUGH THE PROCESS. SO I
WANT TO AGAIN REVISIT SOME
SPECIFIC CONCERNS THAT WE DO
HAVE WITH THE WAY THAT AB 2088
CONTINUES TO, MODEL, HIRING
PRACTICES. SO ONE EXAMPLE COMES
TO SPECIAL EDUCATION. AND THE
INDIVIDUAL EDUCATION PLANS ARE
CONSIDERED TO BE THE CORNERSTONE
OF A QUALITY EDUCATION FOR A
CHILD WITH A DISABILITY, THESE
IEPS OFTEN CALL FOR SPECIAL
ASSISTANCE. SO THESE ARE
CLASSIFIED CLASS CLASSIFIED,
CLASSROOM BASED POSITIONS THAT
CAN SUPPORT THAT CHILD'S
INDIVIDUAL NEEDS. THE FORMAL
AGREEMENT BETWEEN THE SCHOOL AND
THE PARENT IS VERY MUCH A
CONTRACT, AND NOT ADHERING TO
THAT CONTRACT WOULD PUT US IN,
WOULD PUT US OUT OF COMPLIANCE.
SO THE POINT HERE IS WAITING TEN
DAYS TO FIND A SPECIAL ASSISTANT
WOULD POTENTIALLY PUT THE
DISTRICT OUT OF COMPLIANCE. AND
THAT CHILD OUT OF A CLASSROOM.
SECOND, WE'VE HEARD FROM
DISTRICTS THAT AB 2088 WOULD
NEGATIVELY AFFECT THEIR DAY
INITIATIVES. PROPONENTS OF THE
BILL HAVE SHARED THAT CLASSIFIED
EMPLOYEES ARE SOME OF THE MOST
DIVERSE EMPLOYEES IN OUR STATE,
BUT THAT IS A STATEWIDE
STATISTIC AND DOES NOT SPEAK TO
LOCAL SCHOOL COMMUNITIES. AND
FINALLY, OUR SCHOOLS THAT HAVE
CREATED PERSONNEL COMMISSIONS
AND FOLLOW THE MERIT SYSTEM TO
LIMIT BIAS AND PREFERENTIAL
HIRING. THESE DISTRICTS HAVE
SHARED THE MODEL SET FORTH IN AB
28 WOULD BE COUNTER TO THEIR
EFFORTS, TO REMOVE BIAS AND
PREFERENTIAL HIRING. SO FOR
THESE REASONS, WE DO OPPOSE AB
2088, AND MY COLLEAGUE FROM THE
ASSOCIATION OF CALIFORNIA
COMMUNITY COLLEGE ADMINISTRATORS
WOULD ALSO LIKE TO EXPRESS HIS
OPPOSITION. THANK YOU. THANK
YOU, GOOD MORNING, ANDREW
MARTINEZ, COMMUNITY COLLEGE,
LEAGUE OF CALIFORNIA, ON BEHALF
OF 116 COLLEGES IN 73 DISTRICTS,
WE HAVE TAKEN A POSITION OF
OPPOSE, CONSISTENT WITH WHAT YOU
HEARD FROM MY COLLEAGUE, WE ARE
CONCERNED ABOUT THE CHANGES THAT
WOULD MAKE ON COLLECTIVE
BARGAINING AND THE IMPACT IT
WOULD HAVE ON OUR EFFORTS TO
IMPROVE DIVERSITY, EQUITY AND
INCLUSION. SO THEREFORE, WE MUST
REMAIN OPPOSED TO THIS BILL.
THANK YOU. ARE THERE ANY MORE
WITNESSES IN OPPOSITION? PLEASE
COME FORWARD. GIVE YOUR NAME,
ORGANIZATION AND POSITION. THANK
YOU, MADAM CHAIR. JEFF BAKER,
REPRESENTING THE RIVERSIDE
COUNTY SUPERINTENDENT OF
SCHOOLS, IN OPPOSITION. GOOD
MORNING, MADAM CHAIR, AND
MEMBERS, PAMELA GIBBS,
REPRESENTING THE LOS ANGELES
COUNTY SUPERINTENDENT OF
SCHOOLS, AND WE RESPECTFULLY
OPPOSE THE BILL. THANK YOU.
THANK YOU. GOOD MORNING, ANDREA
BALL, ON BEHALF OF THE ORANGE
COUNTY DEPARTMENT OF EDUCATION
AND THE CENTRAL VALLEY EDUCATION
COALITION, IN RESPECTFUL
OPPOSITION. GOOD MORNING.
MICHAEL GILL, ON BEHALF OF
CALIFORNIA ASSOCIATION OF SCHOOL
BUSINESS OFFICIALS, IN
OPPOSITION. THANK YOU. SEEING NO
MORE OPPOSITION, BRING IT BACK
TO THE COMMITTEE. ASSEMBLY
MEMBER LACKEY. YEAH. ALTHOUGH I
LIKE THE SPIRIT OF THIS,
PROPOSAL, I HAVE TWO VERY STRONG
CONCERNS, AND IT HAS TO DO AS
OUTLINED IN THE OPPOSITION, THE
SPECIAL EDUCATION CONCERNS.
THEY'RE PRETTY SEVERE. AND ALSO,
TEN BUSINESS DAYS IS A LONG
TIME. AND SO THOSE THOSE TWO
FACTORS ARE DEAL BREAKERS FOR ME
AT THIS POINT. SO IF YOU CAN
AMEND THOSE OUT OR DO WHATEVER
YOU NEED TO DO, THEN I MAY
CONSIDER CHANGING MY VOTE. BUT
AT THIS POINT I HAVE TO OPPOSE
OKAY. ANY OTHER MEMBERS BRING IT
BACK TO THE DO I CAN I GET A
MOTION? DO I? WOULD YOU LIKE TO
CLOSE? YEAH THANK YOU. MAYBE
I'LL JUST ADDRESS, MR. LACKEY'S
QUESTION, TOO. SO WE'RE WILLING
TO CONTINUE TO ENGAGE WITH THE,
THE OPPOSITION AND THE FOLKS
CONCERNED, YOU KNOW, WE THINK WE
DID SOME ALREADY LOOKING AT THE
VETO MESSAGE IN OUR
INTRODUCTION. AND, YOU KNOW,
WE'LL TAKE A LOOK AT THE ISSUE.
I THINK WE HAVE, SOMETHING WE
CAN TALK TO ME ABOUT AFTERWARDS
ON SPECIAL ED, FROM OUR
WITNESSES, BUT I THINK I, I
THINK THAT, THIS IS SOMETHING
THAT WE CAN DO. AND THIS WILL
HELP KIDS AND HELP PEOPLE. THE
WHOLE THING ABOUT DIVERSITY. I
JUST WANT TO ADDRESS THAT.
THAT'S SO NONSENSE. BECAUSE THE
BUS DRIVERS, YOU GO TO ANY
SCHOOL DISTRICT, IT'S THE MOST
DIVERSE EMPLOYEE GROUP. YOU SEE,
THERE ARE THE CLASSIFIED
EMPLOYEES. SO THE FACT THAT
WE'RE NOT GOING TO GET MORE
DIVERSITY BY OPENING UP TO BUS
DRIVERS TO APPLY FOR THE
CAFETERIA JOB IS LUDICROUS
BECAUSE THEY'RE ALL DIVERSE IN
THE FIRST PLACE. SO THIS IS
REALLY GOING TO MAKE SURE THAT
PEOPLE DON'T LEAVE THOSE JOBS
AND GO WORK AT MCDONALD'S AND
MAKE 20 BUCKS AN HOUR, RIGHT?
LITERALLY. WHY WOULD SOMEBODY
KEEP A JOB WHEN THEY WORK 2
HOURS OR 3 HOURS IN THE MORNING
AND TWO HOURS, THREE HOURS IN
THE AFTERNOON? IT'S SUPER HARD.
AND IT'S A IT'S A COMMON SENSE
THING. IT'S LIKE, OH, LET'S GIVE
THEM FIRST CRACK AT THE JOB
DURING THE DAY WHEN THEY CAN
SWEEP THE CLASSROOMS OR SERVE
LUNCHES. IT'S A LOGICAL THING
THAT YOU WOULD THINK YOU WOULD
WANT TO DO. SO WE THINK THERE
ARE SOME LOGISTICS ISSUES THAT
WE'RE ADDRESSING. WE THOUGHT WE
ADDRESSED THEM. WE'LL CONTINUE
TO ENGAGE WITH THE OPPOSITION.
AND, THANK YOU FOR THE BACK AND
FORTH AND RESPECTFULLY ASK FOR
YOUR VOTE. CAN I JUST MAKE.
ABSOLUTELY. YEAH. THANK YOU.
ASSEMBLY MEMBER, FOR BRINGING
THAT UP. AND AS YOU ALL KNOW, I
HAVE A SPECIAL NEEDS DAUGHTER.
AND I WILL SAY SHE LOVES HER
TEACHERS, BUT SHE LOVES LOVES
MORE THAN ANYBODY. THE JANITOR,
THE BUS DRIVER. THOSE FOLKS THAT
ARE CLASSIFIED. AND I WOULD LIKE
TO THINK THAT IF THERE WAS A
SHORTAGE IN HER CLASSROOM THAT
THE JANITOR. I MEAN, EVERY
MORNING WHEN I DROP HER OFF, SHE
LOOKS SHE WAVES, SHE CALLS FOR
HIS NAME, AND EVERYBODY KNOWS
HER. BUT THOSE WERE THE
EMPLOYEES THAT SHE LOVES THE
MOST BECAUSE THEY GIVE HER THAT
NURTURING, THAT SPECIAL
ATTENTION THAT SHE NEEDS. THANK
YOU, WE HAVE A MOTION BY
ASSEMBLY MEMBER NGUYEN AND A
SECOND BY ASSEMBLY MEMBER HARDT.
AND I WOULD JUST LIKE TO SAY,
THANK YOU FOR THIS BILL. AND YOU
BROUGHT THE THIS KINGS WATER
BOTTLE INTO A LAKER ROOM, MADAM
SECRETARY, PLEASE CALL THE ROLL
REMINDER OF LAST NIGHT. WELL,
THEY BEAT THE CLIPPERS. YOU
SHOULD LIKE THAT. YOU LIKE? THE
MOTION IS DO PASS AND BE
REFERRED TO THE COMMITTEE ON
HIGHER EDUCATION. MCKENNA I,
MCKENNA I LACKEY. NO. LACKEY. NO
. LIKE YOU KNOW BERNER. VINCE
FONG. FONG. NO. HURT. HART I
STEPHANIE NGUYEN. STEPHANIE.
NGUYEN I THREE OF US THIS BILL
HAS 3 TO 2 VOTES. WE'LL PUT IT
ON CALL. THANK YOU SO MUCH. OKAY
CAN WE HAVE THE SERGEANTS PLEASE
CALL THE ABSENT MEMBERS? THANK
YOU. WE'RE ALL GOOD. I THINK YOU
GOT. OKAY. THANK YOU. WE DO.
KNOW YOU KNOW. ONLY ONLY TO
HIGHER DODD. YEAH. WE'RE NOT.
WE'RE NOT. ADJOURNED I STILL
HAVE TO ADD ONE. HERE WE GO. YES
. MADAM SECRETARY, WE'D LIKE TO
CALL ROLL ON THE CONSENT
CALENDAR, PLEASE. OH, YEAH. THE
CONSENT CALENDAR CONSISTS OF
1940 1AB 25, 38 A, B 23 01A,
B27, SEVEN ZERO. THE CURRENT
VOTE IS 5 TO 0. BURNER I BURNER
I WILL PLACE IT ON CALL. MADAM
SECRETARY, CAN YOU PLEASE CALL
THE ROLL ON THE REST OF THE
ITEMS? THANK YOU. ITEM NUMBER
2AB 2088. THE CURRENT VOTE IS 3
TO 2. BURNER A BURNER. I IT'S 4
TO 2 A, PUT IT ON. CALL. ITEM
NUMBER 3AB 2328. CURRENT VOTE IS
3 TO 0 WITH LACKEY AND FONG NOT
VOTING. WHICH ITEM A, B ITEM
NUMBER 3AB 2328. CHAIR VOTING
AYE. BURNER A BURNER I HAS 4 TO
0. PLACE IT ON CALL. ITEM NUMBER
FOUR AB 2931. THE CURRENT VOTE
IS 5 TO 0 WITH THE CHAIR VOTING
AYE. BURNER I BURNER I 6 TO 0.
PUT IT ON CALL ITEM NUMBER FIVE
AB 2421. THE CURRENT VOTE IS 3
TO 0, WITH LACKEY AND FONG NOT
VOTING BURNER A BURNER. I NOW 4
TO 0, PUT IT ON CALL. ITEM
NUMBER EIGHT AB 2889. THE
CURRENT VOTE IS 3 TO 1 WITH
LACKEY NOT VOTING CHAIR VOTING
AYE. BURNER I BURNER I THE VOTE
IS NOW 4 TO 1. WE'LL PUT IT ON
CALL ITEM NUMBER NINE AB 2971.
CURRENT VOTE IS 4 TO 1. CHAIR
VOTING AYE. BURNER A BURNER I
CURRENT VOTE IS 5 TO 1. WE'LL
PUT IT ON CALL ITEM NUMBER TEN
AB 3041. CURRENT VOTE IS 5 TO 0
WITH THE CHAIR VOTING AYE.
BURNER THERE'S THE COURTESY. I
CURTISSII BURNER I CURRENT VOTE
IS SIX ZERO. WE'LL PUT IT ON
CALL ITEM NUMBER 12 AB 1997. THE
CURRENT VOTE IS 5 TO 0. CHAIR
VOTING I BURNER DOES THE CHAIR'S
BILL DOUBLE I BURNER I CURRENT
VOTE OF 6 TO 0. PUT IT ON CALL.
STILL BE FUNNY I'M LATE. YEAH.
MADAM SECRETARY, PLEASE CALL THE
ROLL FOR ADD ONS. CONSENT
CALENDAR CONSISTS OF A B 1941, A
38 A, B 23 01A, B 27, 70. THE
CURRENT VOTE IS 5 TO 0. EXCUSE
ME. 6 TO 0. THREE OF US. I LISA
RIVAS. A CONSENT CALENDAR IS OUT
ON 7 TO 0 VOTE. ITEM NUMBER 2AB
2088. THE CURRENT VOTE IS 4 TO
2. CHAIR VOTING AYE THREE OF US
I THREE OF US I THOSE BILLS ARE
OUT ON A 5 TO 2. ITEM NUMBER
THREE AB 2328. THE CURRENT VOTE
IS 4 TO 0 WITH LACKEY AND FONG
NOT VOTING CHAIR VOTING I THREE
OF US I THREE OF US I THOSE
BILLS ARE OUT ON 5 TO 0. EXCUSE
ME 5 TO 0. ITEM NUMBER FOUR AB
2931. THAT CURRENT VOTE IS 6 TO
0 WITH THE CHAIR VOTING AYE.
LISA RIVAS I LISA RIVAS I. THOSE
BILLS ARE OUT ON 7 TO 0. ITEM
NUMBER FIVE AB 2421. THE CURRENT
VOTE IS 4 TO 0 WITH LACKEY AND
FONG NOT VOTING THREE OF US I
LISA RIVAS I. THE CURRENT VOTE
IS 5 TO 0. THOSE BILLS ARE OUT.
ITEM NUMBER EIGHT AB 2889. THE
CURRENT VOTE IS 4 TO 1 WITH
LACKEY NOT VOTING CHAIR VOTING
AYE. THREE OF US I THREE OF US I
THOSE BILLS ARE. BILL IS OUT 5
TO 1. ITEM NUMBER NINE AB 2971.
THE CURRENT VOTE IS 5 TO 1 WITH
THE CHAIR VOTING AYE. LISA RIVAS
I LISA RIVAS I. THE BILL IS OUT
6 TO 1. ITEM NUMBER TEN AB 3041.
THE CURRENT VOTE IS 6 TO 0 WITH
THE CHAIR VOTING AYE. THREE OF
US I THREE OF US I THAT BILL IS
OUT 7 TO 0. ITEM NUMBER 12 AB
1997. THE CURRENT VOTE IS 6 TO
0. THE CHAIR VOTING AYE THREE OF
US I LISA RIVAS I. THAT BILL IS
OUT. EXCUSE ME. 7 TO 0. THANK
YOU. SEEING NO FURTHER BUSINESS
BEFORE THE COMMITTEE, THIS
HEARING IS ADJOURNED. THANK YOU.
OKAY.