BILL NUMBER: AB 1066 INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Gonzalez FEBRUARY 26, 2015 An act to amend Sections 45103, 45103.1, 45104, 45256, 45286, 88003, 88003.1, 88004, 88076, and 88105 of the Education Code, relating to classified employees. LEGISLATIVE COUNSEL'S DIGEST AB 1066, as introduced, Gonzalez. Classified employees: nonemployee contractors: limited-term, short-term, and substitute employees. (1) Existing law requires school districts and community college districts to employ persons for positions not requiring certification qualifications and to classify, as defined, these persons. These employees are generally known as classified employees. Existing law also authorizes school districts and community college districts to contract for personal services currently or customarily performed by classified employees to achieve cost savings, unless otherwise prohibited, when certain conditions are met. This bill would recast and revise the statutes relating to the use of nonemployee contractors and limited-term, short-term, and substitute employees in the classified service of school districts and community college districts. Among numerous other changes, the bill would declare that school districts and community college districts have a mandatory duty to classify all of their employees and positions not requiring certification qualifications, including nonemployee contractors. The bill would revise the definition of "short-term employee" to require that the working days counted to determine whether an employee had short-term status take place in a single school year or college year. The bill would also include a definition of "limited-term employee" that requires that the service provided by the employee to the school district or community college district be calculated within a single school year or college year. To the extent that this 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 45103 of the Education Code is amended to read: 45103. (a) The governing board of any school district shall employ persons for positions not requiring certification qualifications. The governing board has a mandatory duty to classify, and shall, except where Article 6 (commencing with Section 45240) or Section 45318 applies, classify all of these employees and positions. The employees and positions shall be known as the classified service. (b) (1) Substitute employees, employed and paid for less than 75 percent of a single school year, and short-term employees, employed and paid for less than 75 percent of a s ingle school year, shall not be a part of the classified service. (2) Apprentices and professional experts employed on a limited, temporary basis for a specificproject, regardlessproject that is not an ongoing district venture, irrespective of length of employment, shall not be a part of the classified service. (3) Full-time students employed part time, and part-time students employed part time in any college workstudy program, or in a work experience education program conducted by a community college district pursuant to Article 7 (commencing with Section 51760) of Chapter 5 of Part 28 of Division 4 and that is financed by state or federal funds, shall not be a part of the classified service. (4) Part-time playground positions shall not be a part of the classified service, where the employee is not otherwise employed in a classified position. Part-time playground positions shall be considered a part of the classified service when the employee in the position also works in the same school district in a classified position. (c) Unless otherwise permitted, a person whose position does not require certification qualifications shall not be employed by a governing board, except as authorized by this section. (d) As used in this section:(1) "Substitute employee" means any person employed to replace any classified employee who is temporarily absent from duty. In addition, if the district is then engaged in a procedure to hire a permanent employee to fill a vacancy in any classified position, the governing board may fill the vacancy through the employment, for not more than 60 calendar days, of one or more substitute employees, except to the extent that a collective bargaining agreement then in effect provides for a different period of time.(1) "Seventy-five percent of a single school year" means 195 working days of a single school year, including holidays, sick leave, vacation, and other leaves of absence, irrespective of number of hours worked per day. (2) "Short-term employee" means any person who is employed to perform a discrete service for the district, upon the completion of which, the service required or similar services will not be extended or needed on a continuing or recurring basis. Before employing a short-term employee, the governing board, at a regularly scheduled board meeting, shall specify the service required to be performed by the employee pursuant to the definition of "classification" in subdivision (a) of Section 45101, and shall certify theending datestarting and ending dates of the service. The ending date may be shortened or extended by the governing board, but shall not extend beyond 75 percent of a single school year , and the district shall not employ a short-term employee in subsequent school years to perform the same or similar services .(3) "Seventy-five percent of a school year" means 195 working days, including holidays, sick leave, vacation and other leaves of absence, irrespective of number of hours worked per day.(3) "Substitute employee" means any person employed to replace any classified employee who is temporarily absent from duty. In addition, if the district is then engaged in a procedure to hire a permanent employee to fill a vacancy in any classified position, the governing board may fill the vacancy through the employment, for not more than 60 calendar days, of one or more substitute employees, except to the extent that a collective bargaining agreement then in effect provides for a different period of time. (e) Employment of either full-time or part-time students in any college workstudy program, or in a work experience education program shall not result in the displacement of classified personnel or impair existing contracts for services. (f) This section shall apply only to districts not incorporating the merit system as outlined in Article 6 (commencing with Section 45240). SEC. 2. Section 45103.1 of the Education Code is amended to read: 45103.1. (a) Notwithstanding any other provision of this chapter, personal services contracting with nonemployee contractors for all services currently or customarily performed by classified school employees to achieve cost savings is permissible, unless otherwise prohibited, when all the following conditions are met: (1) The governing board or contracting agency clearly demonstrates that the proposed contract will result in actual overall cost savings to the school district, provided that: (A) In comparing costs, there shall be included the school district's additional cost of providing the same service as proposed by a contractor. These additional costs shall include the salaries and benefits of additional staff that would be needed and the cost of additional space, equipment, and materials needed to perform the function. (B) In comparing costs, there shall not be included the school district's indirect overhead costs unless these costs can be attributed solely to the function in question and would not exist if that function was not performed by the school district. Indirect overhead costs shall mean the pro rata share of existing administrative salaries and benefits, rent, equipment costs, utilities, and materials. (C) In comparing costs, there shall be included in the cost of a contractor providing a service any continuing school district costs that would be directly associated with the contracted function. These continuing school district costs shall include, but not be limited to, those for inspection, supervision, and monitoring. (2) Proposals to contract out work shall not be approved solely on the basis that savings will result from lower contractor pay rates or benefits. Proposals to contract out work shall be eligible for approval if the contractor's wages are at the industry's level and do not undercut school district pay rates. (3) The contract does not cause the displacement of school district employees. The term "displacement" includes layoff, demotion, involuntary transfer to a new classification, involuntary transfer to a new location requiring a change of residence, and time base reductions. Displacement does not include changes in shifts or days off, nor does it include reassignment to other positions within the same classification and general location or employment with the contractor, so long as wages and benefits are comparable to those paid by the school district. (4) The savings shall be large enough to ensure that they will not be eliminated by private sector and district cost fluctuations that could normally be expected during the contracting period. (5) The amount of savings clearly justify the size and duration of the contracting agreement. (6) The contract is awarded through a publicized, competitive bidding process. (7) The contract includes specific provisions pertaining to the qualifications of the staff that will perform the work under the contract, as well as assurance that the contractor's hiring practices meet applicable nondiscrimination standards. (8) The potential for future economic risk to the school district from potential contractor rate increases is minimal. (9) The contract is with a firm. A "firm" means a corporation, limited liability company, partnership, nonprofit organization, or sole proprietorship. (10) The potential economic advantage of contracting is not outweighed by the public's interest in having a particular function performed directly by the school district. (b) Notwithstanding any other provision of this chapter, personal services contracting for nonemployee contractors shall also be permissible when any of the following conditions can be met: (1) The contract is for new school district functions and the Legislature has specifically mandated or authorized the performance of the work by independent contractors. (2) The services contracted are not available within the district, cannot be performed satisfactorily by school district employees, or are of such a highly specialized or technical nature that the necessary expert knowledge, experience, and ability are not available through the school district. (3) The services are incidental to a contract for the purchase or lease of real or personal property. Contracts under this criterion, known as "service agreements," shall include, but not be limited to, agreements to service or maintain office equipment or computers that are leased or rented. (4) The policy, administrative, or legal goals and purposes of the district cannot be accomplished through the utilization of persons selected pursuant to the regular or ordinary school district hiring process. Contracts are permissible under this criterion to protect against a conflict of interest or to ensure independent and unbiased findings in cases where there is a clear need for a different, outside perspective. These contracts shall include, but not be limited to, obtaining expert witnesses in litigation. (5) The nature of the work is such that the criteria for emergency appointments apply. "Emergency appointment" means an appointment made for a period not to exceed 60 working days of a single school year either during an actual emergency to prevent the stoppage of public business or because of the limited duration of the work. The method of selection and the qualification standards for an emergencyemployeenonemployee contractor shall be determined by the district. The frequency of appointment, length ofemployment,contract, and the circumstances appropriate for the appointment of firms or individuals under emergency appointments as nonemployee contractors shall be restricted so as to prevent the use of emergency appointments to circumvent the regular or ordinary hiring process for school district employees . (6) The contractor will provide equipment, materials, facilities, or support services that could not feasibly be provided by the school district in the location where the services are to be performed. (7) Theservices are of such annature of the services, objectively determined, is so urgent, temporary, or occasionalnaturethat the delay incumbent intheirthe implementation of those services under the district's regular or ordinary hiring process would frustrate their very purpose , therefore requiring the use of nonemployee contractors. The use of any nonemployee contractor by a school district under this section is limited to 60 working days of a single school year . (c) This section shall apply to all school districts, including districts that have adopted the merit system. (d) This section shall apply to nonemployee personal service contracts entered into after January 1, 2003. This section shall not apply to the renewal of personal services contracts subsequent to January 1, 2003, where the contract was entered into before January 1, 2003, irrespective of whether the contract is renewed or rebid with the existing contractor or with a new contractor. SEC. 3. Section 45104 of the Education Code is amended to read: 45104.Every(a) A school district has a mandatory duty to classify, and shall classify, every position not defined by this code as a position requiring certification qualifications and not specifically exempted from the classified serviceaccording to the provisions ofpursuant to Section 45103 or 45256shall be classified, as required by those sectionsand. These positions shall be a part of the classified service.SuchThese positionsmayshall not be designated ascertificated nor shallcertificated, the assignment of a title to any such a position shall not remove the position from the classified service,nor shalland possession of a certification document shall not be made a requirement for employment inany suchthe position. (b) A school district has a mandatory duty to classify, and shall classify, each position held by a nonemployee contractor in accordance with Section 45103.1.Nothing(c) Nothing in this section shall be construed to prohibit the employment of any individual in a position described by this section as part of the classified service who is in possession of certification qualifications, nor shall the possession of certification qualifications be grounds for the elimination of an individual for consideration for employment in such a position. (d) An employee of a school district, or the exclusive representative of such an employee within the meaning of Section 3543.8 of the Government Code, may bring an action to challenge the classification of an employee or position by a school district under subdivision (a) of Section 45103 subdivision (a) of Section 45286, or this section, or to compel a school district to classify an employee or position as required by those provisions.This(e) This section shall apply to districts which have adopted the merit system in the same manner and with the same effect as though it were a part of Article 6 (commencing with Section45240) of this chapter45240) . SEC. 4. Section 45256 of the Education Code is amended to read: 45256. (a) The commission has a mandatory duty to classify, and shall classify , all employees and positions within the jurisdiction of the governing board or of the commission, except those that are exempt from the classified service, as specified in subdivision (b). The employees and positions shall be known as the classified service. "To classify" shall include, but not necessarily be limited to, allocating positions to appropriate classes, arranging classes into occupational hierarchies, determining reasonable relationships within occupational hierarchies, and preparing written class specifications. (b) All of the following are exempt from the classified service: (1) Positions which require certification qualifications. (2) Full-time students employed part time. (3) Part-time students employed part time in any college workstudy program, or in a work experience education program conducted by a community college district pursuant to Article 7 (commencing with Section 51760) of Chapter 5 of Part 28 of Division 4 and that is financed by state or federal funds. (4) Apprentice positions of a limited, temporary nature . (5) Positions established for the employment of professional experts on a limited, temporary basis for a specific project that is not an ongoing district venture by the governing board or by the commission when so designated by the commission. (6) Part-time playground positions, where the employee is not otherwise employed in a classified position. Part-time playground positions shall be considered part of the classified service when the employee in the position also works in the same school district in a classified position. (c) (1) Employment of either full-time or part-time students in any college workstudy program, or in a work experience education program shall not result in the displacement of classified personnel or impair existing contracts for services. (2) Nothing in this section shall prevent an employee, who has attained regular status in a full-time position, from taking a voluntary reduction in time and retaining his or her regular status under the provisions of this law. (d) No person whose contribution consists solely in the rendition of individual personal services and whose employment does not come within the scope of the exceptions listed above shall be employed outside the classified service. (e) A part-time position is one for which the assigned time, when computed on an hourly, daily, weekly, or monthly basis, is less than 871/2 percent of the normally assigned time of the majority of employees in the classified service. SEC. 5. Section 45286 of the Education Code is amended to read: 45286. (a) Whenever the appointing power shall require the appointment of apersonlimited-term employee to a position, the duration of which is not to exceed sixmonths,consecutive months in a single school year, or, in case of an appointment of a substitute employee in lieu ofana temporarily absent employee, the duration of which is not to exceed the authorized absence ofsaidthat employee, the appointing power shallsubmithave a ministerial duty to appoint the substitute or limited-term employee to the position subject to the requirements of this section. (b) For substitute employees, the appointing power shall submit a request in which the probable duration of the appointment is stated.EligiblesFor limited-term employees, the appointing power shall submit a request certifying the starting and ending dates of the service for the position. The ending date for a limited-term employee may be advanced or delayed by the appointing power, but the term shall not extend beyond six consecutive months in a single school year, and the school district may not employ a limited-term employee in subsequent school years to perform the same or similar services. (c) Eligible persons shall be certified in accordance with their position on the appropriate employment list and their willingness to accept appointment tosuchthat position as limited-term or substitute employees. Limited-term and substitute employees shall be subject to conditions affecting status and tenure during and after employment that the commission may by rule determine. Notwithstanding these limitations on the duration of these positions, the commission may, based on a declaration of an emergency by the President of the United States or the Governor, authorize an extension that may not exceed one year. The duties of the extended positionmustshall be related to the emergency. (d) As used in this section: (1) "Limited-term employee" means any person who is employed to perform for the school district a discrete service, the duration of which is not to exceed six consecutive months in a single school year, if upon the completion of the discrete service, no similar service shall be needed on a continuing or recurring basis. (2) "Substitute employee" means any person employed to replace any classified employee who is temporarily absent from duty. In addition, if the school district is then engaged in a procedure to hire a permanent employee to fill a vacancy in any classified position, the school district may fill the vacancy through the employment, for not more than 60 calendar days, of one or more substitute employees, except to the extent that a collective bargaining agreement then in effect provides for a different period of time. SEC. 6. Section 88003 of the Education Code is amended to read: 88003.The(a) The governing board of any community college district shall employ persons for positions that are not academic positions. The governing board, except where Article 3 (commencing with Section 88060) or Section 88137 applies, has a mandatory duty to classify, and shall classify , all those employees and positions. The employees and positions shall be known as the classified service. Substitute employees, employed and paid for less than 75 percent of a single college year, and short-term employees, employed and paid for less than 75 percent of a single college year, shall not be a part of the classified service. Part-time playground positions,apprenticesapprentices, and professional experts employed on a limited, temporary basis for a specificproject, regardlessproject that is not an ongoing district venture, irrespective of length of employment, shall not be a part of the classified service. Full-time students employed part time, and part-time students employed part time in any college work-study program, or in a work experience education program conducted by a community college district and which is financed by state or federal funds, shall not be a part of the classified service. Unless otherwise permitted, a person whose position does not require certification qualifications shall not be employed by a governing board, except as authorized by this section."Substitute employee," as used in this section, means any person employed to replace any classified employee who is temporarily absent from duty. In addition, if the district is then engaged in a procedure to hire a permanent employee to fill a vacancy in any classified position, the governing board may fill the vacancy through the employment, for not more than 60 calendar days, of one or more substitute employees, except to the extent that a collective bargaining agreement then in effect provides for a different period of time.(b) As used in this section: (1) "Seventy-five percent of a single college year" means 195 working days of a single college year, including holidays, sick leave, vacation, and other leaves of absences, irrespective of number of hours worked per day."Short-term(2) "Short-term employee," as used in this section, means any person who is employed to perform a discrete service for the district, upon the completion of which, the service required or similar services will not be extended or needed on a continuing or recurring basis. Before employing a short-term employee, the governing board, at a regularly scheduled board meeting, shall specify the service required to be performed by the employee pursuant to the definition of "classification" in subdivision (a) of Section 88001, and shall certify theending datestarting and ending dates of the service. The ending date may be shortened or extended by the governing board, but shall not extend beyond 75 percent of a single school year , and the district shall not employ a short-term employee in subsequent college years to perform the same or similar services ."Seventy-five percent of a college year" means 195 working days, including holidays, sick leave, vacation and other leaves of absences, irrespective of number of hours worked per day.(3) "Substitute employee," as used in this section, means any person employed to replace any classified employee who is temporarily absent from duty. In addition, if the district is then engaged in a procedure to hire a permanent employee to fill a vacancy in any classified position, the governing board may fill the vacancy through the employment, for not more than 60 calendar days, of one or more substitute employees, except to the extent that a collective bargaining agreement then in effect provides for a different period of time.Employment(c) Employment of either full-time or part-time students in any college work-study program, or in a work experience education program shall not result in the displacement of classified personnel or impair existing contracts for services.This(d) This section shall apply only to districts not incorporating the merit system as outlined in Article 3 (commencing with Section 88060). SEC. 7. Section 88003.1 of the Education Code is amended to read: 88003.1. (a) Notwithstanding any other provision of this chapter, personal services contracting with nonemployee contractors for all services currently or customarily performed by classified school employees to achieve cost savings is permissible, unless otherwise prohibited, when all the following conditions are met: (1) The governing board or contracting agency clearly demonstrates that the proposed contract will result in actual overall cost savings to the community college district, provided that: (A) In comparing costs, there shall be included the community college district's additional cost of providing the same service as proposed by a contractor. These additional costs shall include the salaries and benefits of additional staff that would be needed and the cost of additional space, equipment, and materials needed to perform the function. (B) In comparing costs, there shall not be included the community college district's indirect overhead costs unless these costs can be attributed solely to the function in question and would not exist if that function was not performed by the community college district. Indirect overhead costs shall mean the pro rata share of existing administrative salaries and benefits, rent, equipment costs, utilities, and materials. (C) In comparing costs, there shall be included in the cost of a contractor providing a service any continuing community college district costs that would be directly associated with the contracted function. These continuing community college district costs shall include, but not be limited to, those for inspection, supervision, and monitoring. (2) Proposals to contract out work shall not be approved solely on the basis that savings will result from lower contractor pay rates or benefits. Proposals to contract out work shall be eligible for approval if the contractor's wages are at the industry's level and do not undercut community college district pay rates. (3) The contract does not cause the displacement of community college district employees. The term "displacement" includes layoff, demotion, involuntary transfer to a new classification, involuntary transfer to a new location requiring a change of residence, and time base reductions. Displacement does not include changes in shifts or days off, nor does it include reassignment to other positions within the same classification and general location or employment with the contractor, so long as wages and benefits are comparable to those paid by the school district. (4) The savings shall be large enough to ensure that they will not be eliminated by private sector and community college district cost fluctuations that could normally be expected during the contracting period. (5) The amount of savings clearly justify the size and duration of the contracting agreement. (6) The contract is awarded through a publicized, competitive bidding process. (7) The contract includes specific provisions pertaining to the qualifications of the staff that will perform the work under the contract, as well as assurance that the contractor's hiring practices meet applicable nondiscrimination standards. (8) The potential for future economic risk to the community college district from potential contractor rate increases is minimal. (9) The contract is with a firm. A "firm" means a corporation, limited liability company, partnership, nonprofit organization, or sole proprietorship. (10) The potential economic advantage of contracting is not outweighed by the public's interest in having a particular function performed directly by the community college district. (b) Notwithstanding any other provision of this chapter, personal services contracting for nonemployee contractors shall also be permissible when any of the following conditions can be met: (1) The contract is for new community college district functions and the Legislature has specifically mandated or authorized the performance of the work by independent contractors. (2) The services contracted are not available within community college districts, cannot be performed satisfactorily by community college district employees, or are of such a highly specialized or technical nature that the necessary expert knowledge, experience, and ability are not available through the community college district. (3) The services are incidental to a contract for the purchase or lease of real or personal property. Contracts under this criterion, known as "service agreements," shall include, but not be limited to, agreements to service or maintain office equipment or computers that are leased or rented. (4) The policy, administrative, or legal goals and purposes of the community college district cannot be accomplished through the utilization of persons selected pursuant to the regular or ordinary hiring process. Contracts are permissible under this criterion to protect against a conflict of interest or to ensure independent and unbiased findings in cases where there is a clear need for a different, outside perspective. These contracts shall include, but not be limited to, obtaining expert witnesses in litigation. (5) The nature of the work is such that the criteria for emergency appointments apply. "Emergency appointment" means an appointment made for a period not to exceed 60 working days of a single college year either during an actual emergency to prevent the stoppage of public business or because of the limited duration of the work. The method of selection and the qualification standards for an emergencyemployeenonemployee contractor shall be determined by the community college district. The frequency of appointment, length ofemployment,contract, and the circumstances appropriate for the appointment of firms or individuals under emergency appointments of non-employee c ontractors shall be restricted so as to prevent the use of emergency appointments to circumvent the regular or ordinary hiring process for community college district employees . (6) The contractor will provide equipment, materials, facilities, or support services that could not feasibly be provided by the community college district in the location where the services are to be performed. (7) Theservices are of such annature of the services, objectively determined, is so urgent, temporary, or occasionalnaturethat the delay incumbent intheirthe implementation of those services under the community college district's regular or ordinary hiring process would frustrate their very purpose , therefore requiring the use of nonemployee contractors. The use of any nonemployee contractor by a community college district under this section is limited to 60 working days of a single college year . (c) This section shall apply to all community colleges, including community college districts that have adopted the merit system. (d) This section shall apply to nonemployee personal service contracts entered into after January 1, 2003. This section shall not apply to the renewal of personal services contracts subsequent to January 1, 2003, where the contract was entered into before January 1, 2003, irrespective of whether the contract is renewed or rebid with the existing contractor or with a new contractor. SEC. 8. Section 88004 of the Education Code is amended to read: 88004.Every(a) A community college district h as a mandatory duty to classify, and shall classify, every position not defined by the regulations of the board of governors as an academic position and not specifically exempted from the classified serviceaccording to the provisions ofpursuant to Section 88003 or 88076shall be classified, as required by thosesections andsections. These positions shall be a part of the classified service. These positions may not be designated as academic by the governing board of a district , nor shall the assignment of a title to any such a position remove the position from the classified service. (b) A community college district has a mandatory duty to classify, and shall classify, each position held by a nonemployee contractor in accordance with Section 88003.1.Nothing(c) Nothing in this section shall be construed to prohibit anyone from being employed in a classification because he or she possesses the minimum qualifications required of faculty members or academic administrators, nor shall the possession of those qualifications be grounds for the elimination of an individual from consideration for employment in a classified position. (d) An employee of a community college district, or the exclusive representative of such an employee within the meaning of Section 3543.8 of the Government Code, may bring an action to challenge the classification of an employee or position by a community college district under subdivision (a) of Section 88003, subdivision (a) of Section 88076, or this section, or to compel a community college district to classify an employee or position as required by those provisions.This(e) This section shall apply to districts which have adopted the merit system in the same manner and with the same effect as though it were a part of Article 3 (commencing with Section 88060) of this chapter. SEC. 9. Section 88076 of the Education Code is amended to read: 88076. (a) The commission has a mandatory duty to classify, and shall classify all employees and positions within the jurisdiction of the governing board or of the commission, except those which are exempt from the classified service, as specified in subdivision (b). The employees and positions shall be known as the classified service. "To classify" shall include, but not necessarily be limited to, allocating positions to appropriate classes, arranging classes into occupational hierarchies, determining reasonable relationships within occupational hierarchies, and preparing written class specifications. (b) The following positions and employees are exempt from the classified service: (1) Academic positions. (2) Part-time playground positions. (3) Full-time students employed part time. (4) Part-time students employed part time in any college work-study program or in a work experience education program conducted by a community college which is financed by state or federal funds. (5) Apprentice positions of a limited, temporary nature . (6) Positions established for the employment of professional experts on a limited, temporary basis for a specific project that is not an ongoing district venture by the governing board or by the commission when so designated by the commission.Employment(c) (1) Employment of either full-time or part-time students in any college work-study program, or in a work experience education program shall not result in the displacement of classified personnel or impair existing contracts for services.However, nothing(2) Nothing in this section shall prevent an employee, who has attained regular status in a full-time position, from taking a voluntary reduction in time and retaining his or her regular status under the provisions of this law.No(d) No person whose contribution consists solely in the rendition of individual personal services and whose employment does not come within the scope of the exceptions listed above shall be employed outside the classified service.A(e) A part-time position is one for which the assigned time, when computed on an hourly, daily, weekly, or monthly basis, is less than 871/2 percent of the normally assigned time of the majority of employees in the classified service. SEC. 10. Section 88105 of the Education Code is amended to read: 88105. (a) Whenever the appointing power requires the appointment of apersonlimited-term employee to a position, the duration of which is not to exceed sixmonths,consecutive months in a single college year, or, in case of an appointment of a substitute employee in lieu ofana temporarily absent employee, the duration of which is not to exceed the authorized absence of that employee,he or shethe appointing power shall have a ministerial duty to appoint the substitute or limited-term employee to the position subject to the requirements of this section. (b) For substitute employees, the appointing power shall submit a request in which the probable duration of the appointment is stated.EligibleFor limited-term employees, the appointing power shall submit a request certifying the starting and ending dates of the service for the position. The ending date for a limited-term employee may be advanced or delayed by the appointing power, but the term shall not extend beyond six consecutive months in a single college year, and the community college district may not employ a limited-term employee in subsequent college years to perform the same or similar services. (c) Eligible persons shall be certified in accordance with their position on the appropriate employment list and their willingness to accept appointment to such a position as limited-term or substitute employees. Limited-term and substitute employees shall be subject to those conditions affecting status and tenure during and after the employment as the commission may by rule determine. Notwithstanding these limitations on the duration of these positions, the commission may, based on a declaration of an emergency by the President of the United States or the Governor, authorize an extension that may not exceed one year. The duties of the extended position shall be related to the emergency. (d) As used in this section: (1) "Limited-term employee" means any person who is employed to perform for the community college district a discrete service, the duration of which is not to exceed six consecutive months in a single college year, if upon the completion of the discrete service, as similar service shall be needed on a continuing or recurring basis. (2) "Substitute employee" means any person employed to replace any classified employee who is temporarily absent from duty. In addition, if the community college district is then engaged in a procedure to hire a permanent employee to fill a vacancy in any classified position, the community college district may fill the vacancy through the employment, for not more than 60 calendar days, of one or more substitute employees, except to the extent that a collective bargaining agreement then in effect provides for a different period of time. SEC. 11. 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.