News Release

For Immediate Release:
March 13, 2008
Contact: Douglas MacLean
(916) 319-2016
Swanson Obtains State Audit to Investigate Misclassification of Local Government Employees

(Sacramento) – Today, the Joint Legislative Audit Committee approved a request by Assemblymember Sandré R. Swanson (D – Oakland) to require the California State Auditor to investigate the utilization of "short-term" and "temporary" employees by California cities and counties. The audit was approved by the Committee on a 9-4 vote, and received bipartisan support, with Assemblymember Todd Spitzer (R – Orange) voting in favor of the motion.

"The use of temporary, substitute, hourly and seasonal workers in permanent positions has come up repeatedly in my role as Chair of the Assembly Committee on Labor and Employment. This is a growing problem in many California cities and counties, and according to numerous reports, thousands of public employees are working in positions designated as ‘short-term’ for long periods of time without the civil service protections, including health and retirement benefits, that full time employees enjoy," Mr. Swanson stated.

Several workers who had been misclassified as "temporary" employees spoke at the hearing. Jeannie Taylor, a respiratory care therapist, has worked at Riverside County Regional Medical Center for 24 years, the last 17 as a non-permanent employee. "I do the same work as my permanent counterparts and have the same certifications, but I have no access to pay raises or benefits," said Taylor.

Similarly, Kern County employee Skye Phinney, an information systems specialist, stated that, "There are thousands of temporary workers just like me, in public agencies across the State of California, working in nearly every department of government. Most of us are doing the exact same work as permanent, full time employees but without the security of benefits or workers' rights."

Assemblymember Swanson attempted to address this issue in legislation last year through Assembly Bill 1496. However, after passing the Assembly, the measure stalled in the Senate Committee on Local Government. Opponents of the bill argued that there was not sufficient evidence to indicate that a substantial problem exists. The audit request approved today seeks to remedy that concern.

The audit will include six cities or counties, including the following three entities: Kern County, San Joaquin County, and Riverside County. The State Auditor will select the remaining three entities to be audited.

The results of the audit should be completed in 6 to 10 months. Legislators will then have the information necessary to evaluate what policy changes are needed to address this issue to ensure that workers are treated fairly.


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