PART 51. EMPLOYEES [87000. - 88280.]
Part 51 enacted by Stats. 1976, Ch. 1010.
§§ 87000–88280 · 452 sections
CHAPTER 1. Provisions Applying to All Employees §§ 87000–87164 · 46 sections
ARTICLE 1. General Provisions §§ 87000–87018 · 13 sections
- § 87000 Unless the context otherwise requires, the definitions set forth in Sections 87001 to 87011, inclusive, shall govern the construction of this part.
- § 87001 (a) Academic employee” refers to a person employed by a community college district in an academic position. (b) “Academic position” includes every type of…
- § 87001.5 (a) “Classified position” includes every position that is a part of the classified service as defined in Sections 88003 and 88076. (b) “Classified employee”…
- § 87002 (a) “Administrator” means any person employed by the governing board of a community college district in a supervisory or management position as defined in…
- § 87003 (a) “Faculty” or “faculty member” means those employees of a community college district who are employed in academic positions that are not designated as…
- § 87008 (a) Except as provided in subdivision (b), a termination of probation and dismissal of an accusation or information pursuant to Section 1203.4 of the Penal…
- § 87009 A plea or verdict of guilty or a finding of guilt by a court in a trial without a jury is deemed to be a conviction within the meaning of Sections 87405 and…
- § 87010 “Sex offense,” as used in Sections 87405, 88022, and 88123, means any one or more of the offenses listed below: (a) Any offense defined in Section 261.5, 266,…
- § 87011 “Controlled substance offense” as used in Sections 87405, 88022, and 88123 means any one or more of the following offenses: (a) Any offense in Sections 11350…
- § 87013 Whenever a community college district employs a person in an academic position and that person has not previously been employed by a school or community…
- § 87014 (a) Whenever any employee of a community college district is attacked, assaulted, or menaced, by any student, it shall be the duty of that employee, and the…
- § 87017 Notwithstanding any provision of law to the contrary, a community college district, from funds under its jurisdiction, may pay the surviving spouse of any…
- § 87018 (a) In addition to the benefits provided pursuant to Sections 395.01 and 395.02 of the Military and Veterans Code, any employee of a community college district…
ARTICLE 2. Rights and Duties §§ 87031–87045 · 12 sections
- § 87031 (a) Every employee has the right to inspect personnel records pursuant to Section 1198.5 of the Labor Code. (b) In addition to subdivision (a), all of the…
- § 87032 The governing board of a community college district shall provide for the payment of the actual and necessary expenses, including traveling expenses, of any…
- § 87035 (a) The governing board of a community college district may grant leaves of absence to employees to appear as a witness in court other than as a litigant or to…
- § 87036 The governing board of a community college shall grant leave of absence to any employee serving in a classified or other nonacademic position regularly called…
- § 87038.5 No contract with any insurer or other employee welfare benefit provider shall be approved or renewed if an administrative employee of a community college…
- § 87039 It shall be unlawful for any person authorized to invoke disciplinary action against any employee of a community college district either in his or her…
- § 87040 (a) (1) The governing board of each community college district when drawing an order for the salary payment due to employees of the district shall, without…
- § 87040.5 (a) For purposes of this section, the following definitions shall apply: (1) “Annuity contract” means an annuity contract described in Section 403(b) of the…
- § 87042 Any school employee of a community college district who is absent because of injury or illness which arose out of and in the course of the person’s employment,…
- § 87043 Notwithstanding the provisions of Sections 87042, 87787 and 88192, a community college district may waive the requirement that temporary disability checks be…
- § 87044 When a president or other community college official releases a minor student of such school to a peace officer for the purpose of removing the minor from the…
- § 87045 (a) The governing board of a community college district may establish a catastrophic leave program to permit employees of that district to donate eligible…
ARTICLE 3. Personnel Interchange Between Academic and Classified Positions §§ 87060–87062 · 3 sections
- § 87060 The purpose of this article is to provide a basis of determination as to what constitutes a supervisory or administrative classified position or an academic…
- § 87061 If an employee of a community college district, including a district having the merit system as outlined in Article 3 (commencing with Section 88060) of…
- § 87062 If an employee of a community college district, including a district having the merit system as outlined in Article 3 (commencing with Section 88060) of…
ARTICLE 4. Equal Employment Opportunity Hiring §§ 87100–87108 · 8 sections
- § 87100 (a) The Legislature finds and declares all of the following: (1) In fulfilling its mission within California’s system of public higher education, the…
- § 87101 For the purposes of this article: (a) “Equal employment opportunity” means that all qualified individuals have a full and fair opportunity to compete for…
- § 87102 (a) As a condition for the receipt of funds pursuant to Section 87107, the governing board of the community college district that opts to participate under the…
- § 87103 (a) The board of governors shall render assistance in developing and implementing equal employment opportunity programs in the community college districts. (b)…
- § 87105 The board of governors shall adopt all necessary regulations to carry out the intent of this article and to ensure that each participating community college…
- § 87106 (a) The board of governors shall develop systemwide strategies for encouraging community college students to become qualified for, and seek, employment as…
- § 87107 In order to support the activities required and authorized by this article, the Employment Opportunity Fund is hereby established. The fund shall include…
- § 87108 (a) The board of governors shall adopt regulations for the use of the fund. Those uses may include, but need not be limited to, all of the following: (1)…
ARTICLE 5. Community College Faculty and Staff Development Fund §§ 87150–87154 · 5 sections
- § 87150 There is hereby established the Community College Professional Development Program, to be administered by the board of governors, the purpose of which is to…
- § 87151 The board of governors shall annually allocate funds, when appropriated for purposes of this article, only to a community college district whose chief…
- § 87152 (a) Any funding appropriated for purposes of this article shall be allocated to the community college districts that provide professional development…
- § 87153 The authorized uses of funds allocated under this article shall include all of the following: (a) Improvement of teaching. (b) Maintenance of current academic…
- § 87154 This article shall be operative during any fiscal year only if funds are provided therefor in the annual Budget Act for that fiscal year or other legislation.
ARTICLE 6. Reporting by Community College Employees of Improper Governmental Activities §§ 87160–87164 · 5 sections
- § 87160 This article shall be known and may be referred to as the Reporting by Community College Employees of Improper Governmental Activities Act.
- § 87161 It is the intent of the Legislature that community college employees and other persons disclose, to the extent not expressly prohibited by law, improper…
- § 87162 For the purposes of this article, the following terms have the following meanings: (a) “Employee” means a public school employee as defined in subdivision (j)…
- § 87163 (a) An employee may not directly or indirectly use or attempt to use the official authority or influence of the employee for the purpose of intimidating,…
- § 87164 (a) An employee or applicant for employment with a public school employer who files a written complaint with his or her supervisor, a community college…
CHAPTER 2.5. Qualifications for Community College Personnel §§ 87350–87360 · 10 sections
ARTICLE 1. General Provisions §§ 87350–87351 · 2 sections
ARTICLE 2. Minimum Qualifications and Hiring Criteria §§ 87355–87359.5 · 7 sections
- § 87355 Notwithstanding Section 87356, every person authorized to serve as a community college instructor, librarian, counselor, student personnel worker, supervisor,…
- § 87356 (a) The board of governors shall adopt regulations to establish and maintain the minimum qualifications for service as a faculty member teaching credit…
- § 87357 (a) In establishing and maintaining minimum qualifications pursuant to Section 87356, the board of governors shall do all of the following: (1) With regard to…
- § 87358 The board of governors shall periodically designate a team of community college faculty, administrators, and trustees to review each community college…
- § 87359 The board of governors shall adopt regulations setting forth a process authorizing local governing boards to employ faculty members and educational…
- § 87359.2 (a) The instructor of record for a course of instruction shall be a person who meets the minimum qualifications to serve as a faculty member teaching credit…
- § 87359.5 By May 1, 1989, the board of governors shall have reviewed or contracted for review of, the job relevance of the requirements of Sections 87408, 87408.5,…
ARTICLE 3. Hiring Criteria § 87360 · 1 section
- § 87360 (a) In establishing hiring criteria for faculty and administrators, district governing boards shall, no later than July 1, 1990, develop criteria that include…
CHAPTER 3. Employment §§ 87400–87894 · 206 sections
ARTICLE 1. General Provisions §§ 87400–87489 · 64 sections
- § 87400 Governing boards of community college districts shall employ for academic positions, only persons who possess the qualifications therefor prescribed by…
- § 87405 (a) Governing boards of commmunity college districts shall not employ or retain in employment persons who have been convicted of any sex offense as defined in…
- § 87406 Governing boards of community college districts shall not employ or retain in employment any person who has been determined to be a sexual psychopath under the…
- § 87406.5 Notwithstanding any other provision of law to the contrary, the governing board of any community college district may employ any student enrolled in the…
- § 87408 (a) When a community college district wishes to employ a person in an academic position and that person has not previously been employed in an academic…
- § 87408.5 (a) When a community college district wishes to employ a retirant who is retired for service, and such person has not been previously employed as a retirant,…
- § 87408.6 (a) (1) Except as provided in subdivision (h), a person shall not be initially employed by a community college district in an academic or classified position…
- § 87410 Any academic employee not a regular employee who fails to signify his acceptance within 45 consecutive calendar days after notice of his or her election or…
- § 87411 If, without good cause, a regular employee of a community college district fails prior to July 1st of any college year to notify the governing board of the…
- § 87413 Except as otherwise provided in Sections 87415 to 87424, inclusive, every contract or regular employee employed before July 1, 1947, shall be deemed to have…
- § 87414 Every contract or regular employee employed after June 30, 1947, shall be deemed to have been employed on the date upon which he or she first rendered paid…
- § 87415 The following general provisions shall apply regardless of date of employment: The order once determined by lot shall be permanent, and shall be entered on the…
- § 87416 When any college or part thereof shall have been transferred from one community college district to another, employment for any employees who transfer with the…
- § 87417 When any academic employee shall have resigned or been dismissed for cause and shall thereafter have been reemployed by the board, his or her date of…
- § 87418 Nothing in Section 72400, Part 13 (commencing with Section 22000), Article 5 (commencing with Section 32340) of Chapter 3 of Part 19, of Division 1 of Title 1…
- § 87419 Nothing in Section 72400, Part 13 (commencing with Section 22000), Article 5 (commencing with Section 32340) of Chapter 3 of Part 19, of Division 1 of Title 1…
- § 87419.1 Notwithstanding Section 87419, and notwithstanding provisions of the charter of any city or city and county to the contrary, on and after July 1, 1978, the…
- § 87420 All employments made under Sections 87405 to 87451, inclusive, Sections 87454 to 87462, inclusive, Section 87464, Sections 87468 to 87480, inclusive, or…
- § 87421 Nothing in this code shall be construed as prohibiting the employment of persons in academic positions for less than a full school year in temporary schools or…
- § 87422 Any agreement between the governing board of a community college district and authorities of any foreign country, or of any state, territory, or possession of…
- § 87423 Acceptance of any exchange position by an employee of a community college district in the state shall not affect his or her right to the permanent…
- § 87424 If the employee from the district within the state who serves as an exchange instructor without the state and the governing board regularly employing him or…
- § 87428 No community college district may adopt or maintain any rule or regulation which requires a candidate for an academic position to be a resident of the district…
- § 87436 Any librarian when employed full time as librarian or serving full time, partly as librarian and partly as an instructor, shall rank as an instructor.
- § 87448 (a) A physician, psychiatrist, oculist, dentist, dental hygienist, optometrist, otologist, podiatrist, audiologist, or nurse who is not employed in that…
- § 87449 When an instructor of classes for adults serves sufficient probationary time to be eligible for election to permanent classification in that district, his or…
- § 87451 Nothing in Section 87468 shall be construed to give regular classification to a person in the adult school who is already classified as a regular employee in…
- § 87453 No regular employee of a community college district shall be dismissed without his or her consent or deprived of his or her classification as a regular…
- § 87454 A tenured employee, when assigned from a faculty position to an educational administrative position, or assigned any special or other type of work, or given…
- § 87457 Whenever a person employed in an administrative position is assigned to a faculty position, the governing board of the community college district shall give…
- § 87458 A person employed in an administrative position that is not part of the classified service, who has not previously acquired tenured status as a faculty member…
- § 87458.1 (a) A person employed in an administrative or supervisory position requiring certification qualifications upon completing a probationary period, including any…
- § 87459 Notwithstanding the provisions of Section 87458 to the contrary, the governing board of any community college district shall, with respect to each person who…
- § 87460 A person employed in an administrative or supervisory position by more than one district shall be given regular classification in whichever district he or she…
- § 87462 A permanent employee of a high school district who was classified as such while serving in a community college maintained by the high school district shall, if…
- § 87463 Any community college faculty member who instructs in a four-year state institution of higher education maintained on the campus of the community college…
- § 87464 The division, uniting, unification, or consolidation of any community college district or districts, or any change in district boundaries or organization,…
- § 87467 The retirement of any employee of a community college district under the provisions of any retirement law shall automatically effect the dismissal of the…
- § 87468 A contract employee who, in any one college year, has served for at least 75 percent of the number of days the regular schools of the district in which he or…
- § 87469 Notwithstanding Section 87468, a contract employee employed by a community college district who, in any college year consisting of two semesters or three…
- § 87470 (a) (1) The governing board of a community college district may employ academic employees, including educational administrators, in programs and projects to…
- § 87471 Service by a person as an instructor in classes conducted at regional occupational centers or programs, as authorized pursuant to Section 52301, shall not be…
- § 87473 Service under a credential authorizing service only as an instructor of basic military drill in community college cadet companies established under Chapter 1…
- § 87474 (a) Nothing in this code shall be construed as permitting a faculty member to acquire regular classification with respect to employment in either of the…
- § 87475 If an employee of a community college district has served as a contract employee of the district in a faculty position, for one complete school year, and in…
- § 87477 Governing boards of community college districts shall classify as contract employees, those faculty members who have not been classified as regular employees…
- § 87478 Except as provided in Sections 87481 and 87482, governing boards of community college districts shall classify faculty employed to fill positions of regularly…
- § 87480 Governing boards of community college districts shall classify as temporary employees faculty members, who are employed to serve from day to day during the…
- § 87481 Notwithstanding the provisions of Sections 87478 and 87480, the governing board of a community college district may employ any qualified individual as a…
- § 87482 (a) (1) Notwithstanding Section 87480, the governing board of a community college district may employ a qualified individual as a temporary faculty member for…
- § 87482.3 (a) (1) As a condition of receiving funds allocated for the Student Success and Support Program in the annual Budget Act, on or after July 1, 2017, community…
- § 87482.4 (a) The Legislature finds and declares that, in the state’s community college system, teaching constitutes a greater share of the faculty workload, as compared…
- § 87482.5 (a) Notwithstanding any other law, a person who is employed to teach adult or community college classes for not more than 67 percent of the hours per week…
- § 87482.6 (a) Until the provisions of Section 84750 regarding program-based funding are implemented by a standard adopted by the board of governors that establishes the…
- § 87482.7 (a) The board of governors shall, pursuant to paragraph (6) of subdivision (b) of Section 70901, adopt regulations that establish minimum standards regarding…
- § 87482.8 Whenever possible: (a) Part-time faculty should be informed of assignments at least six weeks in advance. (b) Part-time faculty should be paid for the first…
- § 87482.9 This section applies only to temporary and part-time faculty within the meaning of Section 87482.5. The issue of earning and retaining of annual reappointment…
- § 87483 Notwithstanding any other provision, the governing board of a community college district may establish regulations that allow academic employees to reduce…
- § 87484 (a) In the event a regular employee of a community college district has tenure as a full-time regular employee of the district, any assignment or employment of…
- § 87485 Except as provided in Section 87744, any contract or agreement, express or implied, made by any employee to waive the benefits of this chapter or any part…
- § 87486 The governing board of any community college district may employ or engage as an independent contractor a suitably skilled person to serve as limited-term or…
- § 87487 (a) The governing board of any community college district may establish a faculty internship program pursuant to regulations adopted by the board of governors…
- § 87488 Whenever the governing board of a community college district, by formal action, determines that because of impending curtailment of or changes in the manner of…
- § 87489 (a) For purposes of this section, the following terms have the following meanings: (1) “Faculty employees” means full-time and temporary community college…
ARTICLE 2. Employment of Faculty §§ 87600–87612 · 16 sections
- § 87600 The provisions of this article govern the employment of persons by a district to serve in faculty positions and establish certain rights for these employees.…
- § 87601 For the purposes of this article: (a) “Academic year” means that period between the first day of a fall semester or quarter and the last day of the following…
- § 87602 For the purposes of other provisions of law: (a) A contract employee is a probationary employee. (b) A regular or tenured employee is a permanent employee.
- § 87603 This article does not apply to the employment of administrators employed by appointment or contract pursuant to Section 72411.
- § 87604 The governing board of a community college district shall employ each academic employee as a contract employee, regular employee, or temporary employee.
- § 87604.5 (a) The governing board of a community college district shall, as part of the hiring process for an appointment to an academic, athletic, or administrative…
- § 87605 The governing board of a district shall employ faculty for the first academic year of his or her employment by contract. Any person who, at the time an…
- § 87606 (a) An employment contract shall contain the terms and conditions that the governing board of the district and the proposed employee agree to and that are…
- § 87607 Before making a decision relating to the continued employment of a contract employee, the following requirements shall be satisfied: (a) The employee has been…
- § 87608 If a contract employee is working under his or her first contract, the governing board, at its discretion and not subject to judicial review except as…
- § 87608.5 If a contract employee is working under his or her second contract, the governing board, at its discretion and not subject to judicial review except as…
- § 87609 If a contract employee is employed under his or her third consecutive contract entered into pursuant to Section 87608.5, the governing board shall elect one of…
- § 87610 (a) The governing board shall give written notice of its decision under Section 87608 or 87608.5 and the reasons therefor to the employee on or before March 15…
- § 87610.1 (a) In those districts where tenure evaluation procedures are collectively bargained pursuant to Section 3543 of the Government Code, the faculty’s exclusive…
- § 87611 A final decision reached following a grievance or hearing conducted pursuant to subdivision (b) of Section 87610.1 shall be subject to judicial review pursuant…
- § 87612 Until terminated in accordance with provisions of law, a part-time regular employee shall be assigned, and compensated, for a period of service less than 75…
ARTICLE 3. Community College Faculty §§ 87620–87626 · 4 sections
- § 87620 The provisions of this article apply to all persons employed as faculty members by a community college district.
- § 87622 The employment, rights, responsibilities, dismissal, imposition of penalties for persons employed by a community college district in faculty positions shall be…
- § 87623 (a) Each academic employee who is subject to accusations of misconduct is entitled to be provided with the general nature of the accusations made against the…
- § 87626 Rules and regulations adopted in relation to the evaluation process shall assure that the standards and procedures of the evaluation process in each district…
ARTICLE 4. Evaluations and Discipline §§ 87660–87683 · 24 sections
- § 87660 The provisions of this article govern the evaluation of, the dismissal of, and the imposition of penalties on, community college faculty. Other provisions of…
- § 87661 For the purposes of this article: (a) “Academic year” means that period between the first day of a fall semester or quarter and the last day of the following…
- § 87662 Except as provided in Section 72411 and subdivision (i) of Section 87663, the provisions of this article do not apply to administrators employed pursuant to…
- § 87663 (a) Contract employees shall be evaluated at least once in each academic year. Regular employees shall be evaluated at least once in every three academic…
- § 87664 The governing board of each district, in consultation with the faculty, shall adopt rules and regulations establishing the specific procedures for the…
- § 87665 (a) Consistent with subdivision (b), the governing board of a community college district may terminate the employment of a temporary employee at its discretion…
- § 87666 During the school year, all contract and regular employees are subject to dismissal and the imposition of penalties on the grounds and pursuant to procedures…
- § 87667 A contract or regular employee may be dismissed or penalized for one or more of the grounds set forth in Section 87732.
- § 87668 A governing board may impose one of the following penalties: (a) Suspension for up to one year. (b) Suspension for up to one year and a reduction or loss of…
- § 87669 The governing board shall determine whether a contract or regular employee is to be dismissed or penalized. If the employee is to be penalized, the governing…
- § 87670 The procedure set forth in this article does not apply to an immediate suspension effected under Section 87736.
- § 87671 A contract or regular employee may be dismissed or penalized if one or more of the grounds set forth in Section 87732 are present and the following are…
- § 87672 If a governing board decides it intends to dismiss or penalize a contract or regular employee, it shall deliver a written statement, duly signed and verified,…
- § 87673 If the employee objects to the decision of the governing board, or the reasons therefor, on any ground, the employee shall notify, in writing, the governing…
- § 87674 Within 30 days of the receipt by the district governing board of the employee’s demand for a hearing, the employee and the governing board shall agree upon an…
- § 87675 The arbitrator shall conduct proceedings in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government…
- § 87676 In the case in which the arbitrator determines that the operation of his or her decision should be postponed, any question of terminating the postponement…
- § 87677 The district alone shall pay the arbitrator’s fees and expenses, and the costs of the proceedings as determined by the arbitrator. The “cost of the…
- § 87678 If within 30 days of the receipt of the notification by the district governing board, no written confirmation of agreement of the employee and the governing…
- § 87679 The administrative law judge shall conduct proceedings in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the…
- § 87680 The administrative law judge shall determine whether there is cause to dismiss or penalize the employee. If he or she finds cause, he or she shall determine…
- § 87681 In the case in which the administrative law judge determines that the operation of his or her decision should be postponed, any question of terminating the…
- § 87682 The decision of the arbitrator or administrative law judge, as the case may be, may, on petition of either the governing board or the employee, be reviewed by…
- § 87683 The charges levied by the Office of Administrative Hearings shall be paid by the district.
ARTICLE 5. Miscellaneous §§ 87700–87715 · 6 sections
- § 87700 Every person employed by a community college district as a contract or regular employee in an academic position who enters the active military service of the…
- § 87701 Every person employed by a community college district as a permanent employee in an academic position who is elected to the Legislature shall be granted a…
- § 87706 Notwithstanding any other provision of this code, no community college district, or any officer or employee of such district or board shall be responsible or…
- § 87708 (a) Every parent, guardian, or other person who assaults or abuses any academic employee in the presence or hearing of a community college student is guilty of…
- § 87714 The chief executive officer of each community college district shall, at times as required by the board of governors, provide an affidavit that, during the 12…
- § 87715 A full-time contract or regular classroom instructor currently employed by a community college district that decides to maintain classes on Saturday or Sunday,…
ARTICLE 6. Termination of Services and Reduction in Force §§ 87730–87740 · 9 sections
- § 87730 Governing boards of community college districts shall accept the resignation of any employee and shall fix the time when the resignation takes effect, which…
- § 87731 Whenever any academic employee of any community college district who, at the time of his or her resignation, was classified as regular, is reemployed within 39…
- § 87732 No regular employee or academic employee shall be dismissed except for one or more of the following causes: (a) Immoral or unprofessional conduct. (b)…
- § 87733 No report on the fitness of a faculty member in a dismissal proceeding shall be received from a statewide professional organization by a governing board unless…
- § 87734 The governing board of any community college district shall not act upon any charges of unprofessional conduct or unsatisfactory performance unless during the…
- § 87735 Upon the filing of written charges, duly signed and verified by the person filing them with the governing board of a community college district, or upon a…
- § 87736 Whenever any academic employee of a community college district is charged with the commission of any sex offense, as defined in Section 87010, by complaint,…
- § 87737 The notice of suspension and intention to dismiss, shall be in writing and be served upon the employee personally or by United States registered mail addressed…
- § 87740 (a) No later than March 15 and before an employee is given notice by the governing board that his or her services will not be required for the ensuing year,…
ARTICLE 6.5. Reduction in Services §§ 87743–87746 · 9 sections
- § 87743 No tenured employee shall be deprived of his or her position for causes other than those specified in Sections 87453, 87467, and 87484, and Sections 87732 to…
- § 87743.1 As used in this chapter, “faculty service area” means a service or instructional subject area or group of related services or instructional subject areas…
- § 87743.2 Not later than July 1, 1990, each community college district shall establish faculty service areas. The establishment of faculty service areas shall be within…
- § 87743.3 Each faculty member shall qualify for one or more faculty service areas at the time of initial employment. A faculty member shall be eligible for qualification…
- § 87743.4 Each district shall maintain a permanent record for each faculty member employed by the district of each faculty service area for which the faculty member…
- § 87743.5 To determine competency to serve in a faculty service area for the purposes of Section 87743, each community college district shall, not later than July 1,…
- § 87744 Any regular employee whose services have been terminated, as provided in Section 87743, shall have the following rights: (a) For the period of 39 months from…
- § 87745 Any contract employee whose services have been terminated as provided in Section 87743 shall have the following rights: (a) For the period of 24 months from…
- § 87746 If the services of any contract employee are terminated, or if such an employee is dismissed, because of a reduction in the attendance of students or the…
ARTICLE 7. Leaves of Absence §§ 87762–87790 · 31 sections
- § 87762 In specifying or defining the rights of employees in Section 87746, “war” means “war” as defined in Section 22804.
- § 87763 Governing boards of community college districts may grant leaves of absence to persons employed in academic positions.
- § 87764 When any provision of this code expressly authorizes or requires the governing board of a community college district to grant a leave of absence for any…
- § 87765 The governing board of a community college district may provide for the leave of absence from duty and may grant compensation during the leave of absence to…
- § 87766 The governing board of a community college district shall provide for leave of absence from duty for any academic employee of the district who is required to…
- § 87767 The governing board of a community college district may grant any employee of the district employed in an academic position, a leave of absence not to exceed…
- § 87768 Notwithstanding any other provision of this code, the governing board of any community college district may grant a leave of absence under Section 87767 to any…
- § 87768.5 (a) (1) The governing board of a community college district shall grant to any employee, upon request, a leave of absence without loss of compensation for the…
- § 87769 Every employee granted a leave of absence pursuant to Section 87767 may be required to perform such services during the leave as the governing board of the…
- § 87769.5 An employee granted a leave of absence pursuant to Section 87767 or 87768 may agree in writing with the governing board of the community college district not…
- § 87770 Every employee, as a condition to being granted a leave of absence pursuant to Section 87767, shall agree in writing to render a period of service in the…
- § 87771 If the employee does not serve for the entire period of service agreed upon under Section 87770, the amount of compensation paid for the leave of absence shall…
- § 87774 At the expiration of the leave of absence of the employee, the employee, unless he or she otherwise agrees, shall be reinstated in the position held by him or…
- § 87775 Both the governing board of a community college district and the district shall be freed from any liability for the payment of any compensation or damages…
- § 87776 No leave of absence when granted to a contract employee shall be construed as a break in the continuity of service required for the classification of the…
- § 87777 Whenever any permanent or probationary employee of a high school district is employed by a community college district pursuant to Section 87462 or 87464 such…
- § 87779 When a community college or other place of employment shall have been transferred from one district to another, any academic employees who transfer with the…
- § 87780 When a person employed in an academic position is absent from his or her duties on account of illness or accident for a period of five school months or less,…
- § 87780.1 (a) (1) Notwithstanding any other law, during each school year, a person employed in an academic position may use his or her sick leave for purposes of…
- § 87781 (a) (1) Every academic employee employed five days a week by a community college district shall be entitled to 10 days’ leave of absence for illness or injury…
- § 87781.5 The governing board of a community college district may adopt rules permitting academic employees of the district to use leave earned pursuant to Section 87781…
- § 87782 (a) An academic employee of a community college district who has been an employee of that district for a period of one school year or more shall have…
- § 87783 (a) The accumulated leave of absences for illness and injury of each of the following persons shall be transferred with them to their second position: (1) Any…
- § 87784 Any days of leave of absence for illness or injury allowed pursuant to Section 87781 may be used by the employee, at his election, in cases of personal…
- § 87784.5 (a) An academic employee may take up to 30 days of leave in a school year, less any days of leave authorized pursuant to Sections 87781.5 and 87784, in either…
- § 87785 Any person employed by a community college district, in an academic position who accepts a professional education position in the chancellor’s office of the…
- § 87786 Section 87780 shall not apply to any community college district which adopts and maintains in effect a rule that provides that when a person employed in an…
- § 87787 (a) The governing board of a community college district shall provide by rules and regulations for industrial accident and illness leaves of absence for all…
- § 87788 Every person employed by a community college district in an academic position is entitled to a leave of absence, not to exceed three days, or five days if…
- § 87789 The governing board of a community college district may grant a leave of absence to any academic employee who has applied for disability allowance, not to…
- § 87790 Notwithstanding any other provisions of this code, except Part 13 (commencing with Section 22000), the governing body of a community college district may adopt…
ARTICLE 8. Salaries §§ 87801–87834.5 · 22 sections
- § 87801 The governing board of a community college district shall fix and order paid the compensation of persons employed by the board as academic employees unless…
- § 87802 The governing board of each community college district shall adopt and cause to be printed and made available to each academic employee a schedule of salaries…
- § 87804 The governing board of a community college district may employ such temporary employees of the district as it deems necessary and shall adopt and make public a…
- § 87806 The governing board of a community college district may at any time during any school year increase the salaries of persons employed by the district in…
- § 87807 The governing board of community college district shall not decrease the annual salary of a person employed by the district in an academic position for failure…
- § 87809 If a community college district fails to pay the salary of any person employed by it in an academic position who has on file a contract of employment held…
- § 87810 Whenever a person has rendered service in an academic position, or the governing board of a district has employed a person in an academic position or the…
- § 87815 A person in an academic position who serves less than a full school year shall receive as salary only an amount that bears the same ratio to the established…
- § 87816 Notwithstanding the provisions of Section 87815, the governing board of a community college district may adopt an alternative method of computing the salary…
- § 87817 Notwithstanding the provisions of Section 87815 or any other provision of law to the contrary, if a person is employed by a community college district in an…
- § 87818 Whenever a salary schedule increasing the salaries of its academic employees is adopted by a community college district to be effective at the commencement of…
- § 87821 Each salary payment for any calendar month may be made on the last working day of the month and shall be paid not earlier than the last working day of the…
- § 87822 Except as provided in Section 87790, when any community college district employs an academic employee to perform instruction or other services in addition to…
- § 87823 Instead of issuing a single warrant to each employee for salary or wages the district may use a payroll form of warrant making payment to two or more employees…
- § 87824 When the payroll form of warrant is used, the approved and allowed payroll warrant shall be deposited with the county treasurer, who shall make payment to the…
- § 87825 When the payroll form of warrant is used the name of each employee shall be listed.
- § 87828 Except as otherwise provided in this code, no warrant shall be drawn in favor of any academic employee, unless the officer whose duty it is to draw the warrant…
- § 87831 Whenever reports are required to be filed with the county superintendent of schools by academic employees of districts authorized to issue warrants under the…
- § 87832 For the purposes of Section 395 of the Military and Veterans Code or any other provision of law providing for the payment of salary or compensation to an…
- § 87833 (a) Except as provided in Section 87834, the governing board of each community college district, when drawing an order for the salary payment due to an…
- § 87834 The governing board of each community college district when drawing an order for the salary or wage payment due to an academic employee of the district shall,…
- § 87834.5 (a) Notwithstanding any other law, the governing board of a community college district that collects or deducts dues, agency fees, fair share fees, or any…
ARTICLE 9. Part-Time Community College Faculty Health Insurance Program §§ 87860–87868 · 10 sections
- § 87860 It is the intent of the Legislature that part-time community college faculty and their eligible dependents have continuous access to health insurance benefits.
- § 87860.5 There is hereby established the Part-Time Community College Faculty Health Insurance Program for the purpose of providing a state incentive program to…
- § 87861 For purposes of this article, the following definitions apply: (a) “Health insurance benefits” include medical benefits and may include vision or dental…
- § 87862 The governing board of a community college district may provide a program of health insurance for part-time faculty, multidistrict part-time faculty, and their…
- § 87863 (a) A part-time faculty member and their eligible dependents are eligible to participate in the program established pursuant to this article. (b) A…
- § 87864 A part-time faculty member, multidistrict part-time faculty member, or their dependents whose premiums for health insurance are paid by an employer other than…
- § 87865 (a) A multidistrict part-time faculty member who individually purchases health insurance benefits is eligible to participate in the program established…
- § 87866 The governing board of each community college district that establishes a program pursuant to this article shall do both of the following: (a) Negotiate with…
- § 87867 (a) By June 15 of each year, the Chancellor of the California Community Colleges shall apportion to each community college district that establishes a program…
- § 87868 It is the intent of the Legislature that ongoing funding for the purposes of this article be subject to annual Budget Act appropriations.
ARTICLE 10. Community College Part-Time Faculty Office Hours Program §§ 87880–87885 · 6 sections
- § 87880 The Legislature finds and declares that community college part-time faculty are required to fulfill the same teaching responsibilities as full-time faculty…
- § 87881 There is hereby established the Community College Part-Time Faculty Office Hours Program for the purpose of providing community college students equal access…
- § 87882 For purposes of this article, “part-time faculty” means any person who is employed to teach for not more than the hours per week described in Section 87482.5.
- § 87883 (a) The governing board of a community college district may provide compensation for office hours to part-time faculty. (b) The compensation paid to part-time…
- § 87884 (a) The governing board of each community college district that establishes a program pursuant to this article shall negotiate with the exclusive bargaining…
- § 87885 (a) The Part-Time Faculty Office Hours Program Fund is hereby established in the State Treasury. (b) On or before June 15 of each year, the Chancellor of the…
ARTICLE 11. Full-time Faculty and Faculty Diversity §§ 87890–87894 · 5 sections
- § 87890 As used in this article, the following definitions apply: (a) “Faculty diversity” means the representation of faculty members from different racial, ethnic,…
- § 87891 (a) Each community college district shall report on or before March 31, 2024, and each March 31 thereafter, to the office of the Chancellor of the California…
- § 87892 (a) The office of the Chancellor of the California Community Colleges shall, on or before May 30, 2024, and each May 30 thereafter, synthesize the information…
- § 87893 (a) The office of the Chancellor of the California Community Colleges shall establish and implement a policy verifying that community districts are using…
- § 87894 This article shall only apply to a community college district as a condition of receiving funds for the purpose of hiring new full-time faculty appropriated in…
CHAPTER 4. Classified Employees §§ 88000–88280 · 190 sections
ARTICLE 1. Employment §§ 88000–88040 · 43 sections
- § 88000 This article, Article 2 (commencing with Section 88050), Article 4 (commencing with Section 88160), Article 5 (commencing with Section 88180), Article 6…
- § 88001 As used in this chapter the following terms mean: (a) “Classification” means that each position in the classified service shall have a designated title, a…
- § 88002 (a) For the purposes of this section, every classified employee shall be deemed to be employed for 12 months during each college year regardless of the number…
- § 88003 (a) The governing board of a community college district shall employ persons for positions that are not academic positions. The governing board of a community…
- § 88003.1 (a) Notwithstanding any other provision of this chapter, personal services contracting for all services currently or customarily performed by classified school…
- § 88004 Every position not defined by the regulations of the board of governors as an academic position and not specifically exempted from the classified service…
- § 88004.5 All contracts for management consulting services relating to food service shall be governed by this section. (a) Notwithstanding Sections 88003, 88004,…
- § 88005 (a) Nonacademic positions created by a governing board of a school district under the Manpower Development and Training Act of 1962, the Economic Opportunity…
- § 88005.1 The governing board of a community college district may establish positions and employ persons in public service employment positions which are funded by the…
- § 88006 Notwithstanding the provisions of Section 88003 or Section 88076, which exempt certain types of positions or categories of personnel from the classified…
- § 88007 (a) The “act” as used in this section shall mean the Federal Emergency Employment Act of 1971 (Public Law 92-54) or any similar federal law hereafter enacted…
- § 88008 If the governing board of a community college district establishes positions in the categories described below and restricts initial appointments of new…
- § 88009 Governing boards shall fix and prescribe the duties to be performed by all persons in the classified service and other nonacademic positions of the community…
- § 88010 Classified employees shall not be required to perform duties that are not fixed and prescribed for the position by the governing board in accordance with…
- § 88010.5 A classified employee employed by any community college district that decides to maintain classes on Saturday or Sunday, or both, shall not, without his or her…
- § 88011 No community college district may adopt or maintain any rule or regulation which requires a candidate for a position in the classified service to be a resident…
- § 88012 If the governing board of any community college district employs staff assistants or field representatives to directly assist the governing board or individual…
- § 88013 (a) The governing board of a community college district shall prescribe written rules and regulations governing the personnel management of the classified…
- § 88014 Notwithstanding Section 88013, the governing board may lay off and reemploy classified employees only in accordance with procedures provided by Sections 88117…
- § 88015 Notwithstanding any other provision of law, any person who was subject to being, or was in fact, laid off for lack of work or lack of funds and who elected…
- § 88016 A notice of disciplinary action shall contain a statement in ordinary and concise language of the specific acts and omissions upon which the disciplinary…
- § 88017 (a) (1) No later than March 15 and before a classified employee is given notice by the governing board of the community college district that the classified…
- § 88018 Any division, uniting, unionization, annexation, merger, or change of community college district boundaries shall not affect the rights of persons employed in…
- § 88019 Whenever, by reason of any reorganization, other than the unification of districts, all or part of the territory of any community college district which has…
- § 88020 Any person, not a student or substitute employee, who has been employed by a community college student body organization pursuant to Section 76060 for a period…
- § 88020.5 The governing board of a community college district shall employ persons for food service positions as a part of the classified service.
- § 88021 Whenever a governing board of a community college district requires a physical examination to be taken by a classified employee or employees, either by rule or…
- § 88022 No person shall be employed or retained in employment by a community college district who has been convicted of any sex offense as defined in Section 87010 or…
- § 88023 No person shall be employed or retained in employment by a community college district who has been determined to be a sexual psychopath, as defined in Section…
- § 88024 The governing board of any community college district, within 10 working days of date of employment, shall require each person to be employed, or employed in,…
- § 88025 Any provision of law to the contrary notwithstanding, the Department of Justice, shall, as provided in Section 88024, furnish, upon application of a local…
- § 88026 The workweek of a classified employee, as defined in Section 88033 or Section 88076, shall be 40 hours. The workday shall be eight hours. These provisions do…
- § 88027 The governing board of each community college district shall provide the extent to which, and establish the method by which ordered overtime is compensated.…
- § 88028 When compensatory time off is authorized in lieu of cash compensation, such compensatory time off shall be granted within 12 calendar months following the…
- § 88029 Notwithstanding Sections 88026 and 88027, a personnel commission, when applicable, or a governing board of a community college district, may specify certain…
- § 88030 Notwithstanding Section 88026, the workweek shall consist of not more than five consecutive working days for any employee having an average workday of four…
- § 88033 (a) Notwithstanding any other provisions of law, no minimum or maximum age limits shall be established for the employment or continuance in employment of…
- § 88034 Notwithstanding the provisions of subdivision (c) of Section 88033, a retired classified school employee may be employed by a community college district, but…
- § 88035 All probationary and permanent part-time classified employees shall be entitled to sick leave, and all other benefits conferred by law on classified employees.…
- § 88036 A classified employee who works a minimum of 30 minutes per day in excess of his or her part-time assignment for a period of 20 consecutive working days or…
- § 88037 The governing board of any community college district may require the wearing of a distinctive uniform by classified personnel. The cost of the purchase, lease…
- § 88038 Notwithstanding any other provision of this part, the governing board of a community college district may establish regulations which allow their classified…
- § 88040 (a) (1) Notwithstanding Section 88026, the governing board of a community college district may establish the workday and workweek schedules of classified…
ARTICLE 2. Inclusion in the Merit System §§ 88050–88057 · 8 sections
- § 88050 As used in this article, “a district whose full-time equivalent student is 3,000 or greater” shall be construed to include any district which is the only…
- § 88051 (a) (1) On or after November 8, 1967, the classified employees of a community college district whose full-time equivalent student is 3,000 or greater, in…
- § 88052 Effective upon certification to a governing board by a tabulating committee that an election, as authorized in Section 88051 of this code, has been successful,…
- § 88053 The governing board of a community college district whose full-time equivalent student is less than 3,000, by affirmative vote of a majority of its members,…
- § 88054 The governing board of a community college district whose full-time equivalent student is 3,000 or more, by affirmative vote of a majority of its members, may…
- § 88055 When an election has been held, as authorized in this article, and fails to receive a simple majority affirmative vote, the classified employees of that…
- § 88056 Any person who intimidates, coerces, or discriminates in any way against any classified employee for the doing of any act authorized herein shall be personally…
- § 88057 The procedure set forth in Article 3 (commencing with Section 88060) may also be adopted by a majority of the voting electors of the community college…
ARTICLE 3. Merit System §§ 88060–88139 · 76 sections
- § 88060 Any community college district adopting the provisions of this article in accordance with Section 88052 or 88057 of this chapter shall cause the personnel…
- § 88061 In any district in which the procedure set forth in this article has been incorporated the governing board shall employ, pay, and otherwise control the…
- § 88063 In any district that has adopted the provisions of this article there shall be appointed a personnel commission composed of either three or five members. The…
- § 88063.5 Notwithstanding Section 88063 or any other provision of law, in the case of a community college district that was formerly under the jurisdiction of governing…
- § 88064 (a) To be eligible for appointment or reappointment to the commission, a person shall meet both of the following requirements: (1) Be a registered voter and…
- § 88065 One member of the commission shall be appointed by the governing board of the district and one member, nominated by the classified employees of the district,…
- § 88066 (a) Within 30 days after adoption of the system the governing board shall publicly announce its intended appointee, and the appointee or appointees, as…
- § 88067 Appointees to a commission in a district which has newly adopted the system shall take office upon receipt of notification of the appointment but the term of…
- § 88068 (a) Appointment to vacancies occurring subsequent to the initial appointment shall be made by the original appointing authority either for a new full term or…
- § 88069 (a) (1) After January 1, 2001, the classified employees of any community college district that has already adopted this article on September 17, 1965, may, in…
- § 88070 The governing board may authorize payment to members of the commission an amount not to exceed fifty dollars ($50) per meeting and not to exceed two hundred…
- § 88071 In a community college district with an average daily attendance in excess of 40,000 and which is located in a metropolitan area with a population of more than…
- § 88072 The governing board shall provide the commission with suitable office accommodations.
- § 88073 The commission shall prepare an annual budget for its own office which, upon the approval of the county superintendent of schools, shall be included by the…
- § 88075 The commission may, with respect to the staff of the commission, expend funds for their orientation, training, retraining, and development and for any purpose…
- § 88076 (a) The commission shall classify all employees and positions within the jurisdiction of the governing board of the community college district or of the…
- § 88077 Nothing contained in Section 88076 shall be interpreted to exclude the employment of architectural and engineering firms employed on a temporary basis for a…
- § 88078 In addition to the exemptions authorized in Section 88076, there shall be exempt from the classified service positions established for the employment of…
- § 88079 If the governing board of any community college district establishes positions and restricts initial appointment of new employees to mentally, physically, or…
- § 88080 (a) The commission shall prescribe and, amend, and interpret subject to this article, such rules as may be necessary to insure the efficiency of the service…
- § 88081 (a) The rules shall provide for the procedures to be followed by the governing board as they pertain to the classified service regarding applications,…
- § 88082 The rules of the commission and copies of this article shall be printed and made available to each school, office, and permanent worksite where employees…
- § 88083 The commission may classify as apprentice positions certain positions where the principal requirement is that of learning to perform efficiently, by study and…
- § 88084 The commission shall appoint a personnel director within 90 days after the adoption of a merit system from an eligibility list established from a competitive…
- § 88085 Notwithstanding the provisions of Section 88084, the personnel commission, in a community college district employing 100 or fewer classified employees, may,…
- § 88086 (a) The personnel director shall be responsible to the commission for carrying out all procedures in the administration of the classified personnel in…
- § 88086.5 Sections 88022, 88023, 88160, 88198, 88199, 88201, and 88202 are applicable to the employees of community college districts that have adopted a merit system…
- § 88087 The commission shall recommend to the governing board salary schedules for the classified service. The governing board may approve, amend, or reject these…
- § 88088 Any person who has been continuously employed in a position defined as a position in the classified service for a period of six months immediately preceding…
- § 88089 All persons who have been continuously employed by a community college district for less than six months immediately preceding the date on which the procedure…
- § 88090 Any employee serving in an academic position whose position is by virtue of change of law deemed to be in the classified service shall without examination…
- § 88091 (a) All vacancies in the classified service shall be filled pursuant to this article and the rules of the commission, from applicants on eligibility lists…
- § 88092 Examinations shall be administered objectively and shall consist of test parts that relate to job performance. For classes of positions deemed by the…
- § 88093 Examination records, including any recordings and the rating sheet of each member of the oral board for each candidate, shall be retained by the body…
- § 88095 The governing board shall fix the duties of all positions a part of the classified service as required by Section 88009. The board may recommend the minimum…
- § 88096 Appointments may be made from other than the first two or three, as the case may be, applicants on the eligibility list when the ability to speak, read, or…
- § 88097 Written notices concerning tests, vacancies, transfer opportunities, and other selections of shifts, positions, assignments, classifications, or locations…
- § 88098 A regular employee who is determined by the governing board to be incapable of performing the duties of his or her class because of illness or injury may, at…
- § 88099 The commission shall, by rule, provide for an open competitive examination and a promotional examination to be held at the same time for the position of…
- § 88100 The commission may by rule provide for the competition of academic employees of the governing board in promotional examinations for positions in the classified…
- § 88101 The commission shall, by rule, provide for an open competitive examination and a promotional examination to be held at the same time for the positions that…
- § 88102 In any community college district which has geographical boundaries encompassing more than 200 square miles and which divides the area it serves into smaller…
- § 88103 When an open competitive examination and a promotional examination for a particular class are held at the same time, the commission may, prior to the…
- § 88104 (a) When all of the positions in a class are reclassified to a higher class, the incumbents of the positions who have been in the class for two or more years…
- § 88104.5 No position classification or reclassification plan which would affect classified employees who are represented by a certified or recognized exclusive…
- § 88105 Whenever the appointing power requires the appointment of a person to a position, the duration of which is not to exceed six months, or, in case of an…
- § 88106 When no eligibility list exists for a position in the classified service, an employee may receive provisional appointments which may accumulate to a total of…
- § 88107 The personnel commission may authorize the extension of a provisional employee’s assignment for a period not to exceed 36 working days, if all of the following…
- § 88108 Successive provisional appointments of 90 working days or less each may be made in any class in the absence of an appropriate eligibility list; provided, that…
- § 88109 The appointing power may, to prevent the stoppage of public business when an actual emergency arises and persons on eligibility lists are not immediately…
- § 88110 Combinations of successive eligibility lists may be made during their first year. Eligibles on lists established within the first year of the life of another…
- § 88111 The commission may by rule provide for the continuous examination of eligibles for classes of positions which the commission determines cannot be practicably…
- § 88112 No questions relating to political or religious opinions or affiliations, or any basis listed in subdivision (a) of Section 12940 of the Government Code, as…
- § 88113 “Veteran” as used in this article means any person who has served in the United States armed forces in time of war, or national emergency declared by the…
- § 88114 “Disabled veteran” as used in this article means any veteran, as defined in Section 88113, who is currently declared by the United States Veterans…
- § 88115 In the case of all entrance examinations, veterans with 30 days or more of service who become eligible for appointment by attaining the passing mark…
- § 88116 (a) Whenever, during the absence of an employee of a community college district or student body association operating under Sections 76060 to 76065, inclusive,…
- § 88117 (a) A person laid off because of lack of work or lack of funds shall be eligible for reemployment for a period of 39 months as follows: (1) The person’s…
- § 88119 Eligibility lists shall be established for a period of not less than one year except that when a list is exhausted for appointments to current vacancies,…
- § 88120 (a) A person who has served an initial probationary period in a class not to exceed six months or 130 days of paid service, whichever is longer, as prescribed…
- § 88121 No person in the permanent classified service shall be demoted or removed except for reasonable cause designated by rule of the commission as detrimental to…
- § 88122 In addition to any causes for suspension or dismissal which are designated by rule of the commission, employees in the classified service shall be suspended…
- § 88123 For reasonable causes, an employee may be suspended without pay for not more than 30 days , except as provided in this section, or may be demoted or dismissed.…
- § 88124 Any employee in the permanent classified service who has been suspended, demoted, or dismissed may appeal to the commission within 14 days after receipt of a…
- § 88125 The commission shall investigate the matter on appeal and may require further evidence from either party, and may, and upon request of an accused employee…
- § 88126 If the commission sustains the employee, it may order paid all or part of his or her full compensation from the time of suspension, demotion, or dismissal, and…
- § 88127 Classified employees shall be subject to layoff for lack of work or lack of funds. Whenever a classified employee is laid off, the order of layoff within the…
- § 88128 Any permanent classified employee of a community college district, who voluntarily resigns from his or her permanent classified position, may be reinstated or…
- § 88129 No warrant shall be drawn by or on behalf of the governing board of any district for the payment of any salary or wage to any employee in the classified…
- § 88130 The commission may conduct hearings, subpoena witnesses, require the production of records or information pertinent to investigation, and may administer oaths.…
- § 88131 The commission may authorize a hearing officer or other representative to conduct any hearing or investigation which the commission itself is authorized by…
- § 88132 (a) Except as provided in subdivision (b), the legal counsel of the governing board shall aid and represent the commission in all legal matters. If the legal…
- § 88136 Any person who willfully, or through culpable negligence, violates this article is guilty of a misdemeanor. It is also unlawful for any person to do any of the…
- § 88137 In every community college district coterminous with the boundaries of a city and county, employees employed in nonacademic positions shall be employed, if the…
- § 88138 (a) A merit (civil service) system within a community college district may be terminated by one of the following methods: (1) (A) If the governing board of a…
- § 88139 If the majority of the qualified electors vote to terminate the merit system in a community college district, or if the majority of the classified employees…
ARTICLE 4. Salaries §§ 88160–88168 · 9 sections
- § 88160 The governing board of any community college district, including city boards of education, shall fix and order paid the compensation of persons a part of the…
- § 88162 (a) The governing board of any community college district shall, not later than the date prescribed by law for approval of the publication budget of every…
- § 88163 If the governing board of a community college district cannot comply with the provisions of subdivision (a) of Section 88162 because it is engaged in a study,…
- § 88164 The governing board of any community college district not paying the annual or monthly salaries of persons employed by the district in 12 equal monthly…
- § 88165 Orders for the payment of wages and payroll orders and warrants for the payment of wages of employees a part of the classified service in any community college…
- § 88166 Whenever it is determined that an error has been made in the calculation or reporting in any classified employee payroll or in the payment of any classified…
- § 88167 (a) (1) Except as provided in subdivision (b), the governing board of each community college district, when drawing an order for the salary or wage payment due…
- § 88167.5 (a) Notwithstanding any other provision of law, the governing board of a community college district that collects or deducts dues, agency fees, fair share…
- § 88168 Upon initial employment and upon each change in classification thereafter, each classified employee shall be furnished two copies of his or her class…
ARTICLE 5. Differential Compensation §§ 88180–88186 · 7 sections
- § 88180 For purposes of this article, the following definitions shall apply unless the context indicates otherwise: (a) “Differential compensation” means either a…
- § 88181 The governing board of every community college district, or the personnel commission in any merit system district, shall, insofar as it is possible to do so,…
- § 88182 The governing board of any community college district may provide differential compensation to those classified employees who perform duties of a distasteful,…
- § 88183 Assignment to duties for which differential compensation is designated, other than a temporary assignment of less than 20 working days, shall be made on the…
- § 88184 No employee assigned to work a shift entitled to differential compensation shall be demoted in class or grade as a result of such an assignment.
- § 88185 An employee receiving differential compensation on the basis of his or her shift shall not lose that compensation if the employee is temporarily, for 20…
- § 88186 This article shall apply to community college districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3…
ARTICLE 6. Resignations and Leaves of Absence §§ 88190–88210 · 24 sections
- § 88190 (a) Governing boards of community college districts may grant voluntary leaves of absence and vacations, with or without pay, to persons employed in the…
- § 88191 Every classified employee employed five days a week by a community college district shall be entitled to 12 days leave of absence for illness or injury and…
- § 88192 (a) The governing board of a community college district shall provide, by rules and regulations, for industrial accident or illness leaves of absence for…
- § 88193 The governing board of any community college district may provide for such leave of absence from duty as it deems appropriate for any female employee in the…
- § 88194 Every person employed in the classified service of any community college district shall be granted necessary leave of absence, not to exceed three days, or…
- § 88195 A permanent employee of the classified service who has exhausted all entitlement to sick leave, vacation, compensatory overtime, or other available paid leave…
- § 88196 When a person employed in the classified service is absent from his or her duties on account of illness or accident for a period of five months or less,…
- § 88196.1 (a) (1) Notwithstanding any other law, during each school year, a classified employee may use his or her sick leave for purposes of parental leave for a period…
- § 88196.5 A community college district may deduct from the salary otherwise payable to an employee under Section 88196 an amount which is payable, in lieu of salary and…
- § 88197 (a) Every community college district shall grant to regular classified employees an annual vacation at the regular rate of pay earned at the time the vacation…
- § 88198 When any provision of this code expressly authorizes or requires the governing board of a community college district to grant a leave of absence for any…
- § 88199 Governing boards of community college districts may grant leaves of absence to persons employed in nonacademic positions, and at their discretion may pay…
- § 88200 Governing boards of community college districts may allow permanent classified employees to interrupt or terminate vacation leave in order to begin another…
- § 88201 The governing boards of any community college district may accept the resignation of any employee and may fix the time when the resignation shall take effect,…
- § 88202 Any classified employee of a community college district, school district, or county superintendent of schools who has been employed for a period of one…
- § 88203 (a) (1) All probationary or permanent employees who are part of the classified service shall be entitled to the following paid holidays if they are in a paid…
- § 88204 Notwithstanding the provisions of Section 88203, if a community college district establishes a position or class of positions for which employees are required…
- § 88205 Prior to July 1 of any college year, the governing board of any community college district may designate other days during that year as the holidays to which…
- § 88205.5 Notwithstanding any other provision of law, if the governing board of a community college district does not designate September 9 known as “Admission Day” as a…
- § 88206 Any community college district that requires any classified employee to work a workweek other than Monday through Friday, or if the classified employee…
- § 88207 (a) A contract or regular employee may, at the employee’s election, use any days of absence for illness or injury earned pursuant to Section 88191 in cases of…
- § 88207.5 (a) A contract or regular employee may use up to 30 days of leave in a school year, less any days of leave authorized pursuant to Section 88207, in either of…
- § 88209 The Director of Employment Development is the administrator of the system of unemployment insurance, as provided in Article 6 (commencing with Section 821) of…
- § 88210 (a) (1) The governing board of a community college district shall grant to a classified employee, upon request, a leave of absence without loss of compensation…
ARTICLE 7. Retraining and Study §§ 88220–88227 · 8 sections
- § 88220 In enacting this article the Legislature recognizes that technological and other changes are occurring which may displace otherwise desirable classified…
- § 88221 The governing board of any community college district may grant any classified employee a leave of absence not to exceed one year for the purpose of permitting…
- § 88222 No leave of absence shall be granted under this article to any employee for study purposes who has not rendered service to the district for at least seven…
- § 88223 Every employee granted a leave of absence pursuant to this article may be required to perform such services during the leave as the governing board of the…
- § 88224 Compensation granted by the governing board to the employee on leave may be paid in two equal annual installments during the first two years of service…
- § 88225 Where one governing board serves as the governing board of two or more separate districts, an employee may fulfill the service requirements provided in…
- § 88226 This article shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with…
- § 88227 The governing board of any community college district may grant reimbursement of the costs, including tuition fees, to any permanent classified employee who…
ARTICLE 8. Instructional Aides §§ 88240–88249 · 9 sections
- § 88240 This article may be cited as the Instructional Aide Act of 1968. The provisions of this article shall apply to personnel referred to in Section 72401 or any…
- § 88241 The Legislature recognizes the need to provide classroom instructors and other faculty with more time to instruct and to provide the means for them to utilize…
- § 88242 Instructional aides shall not be utilized to increase the number of students in relation to the number of classroom instructors in any community college…
- § 88243 As used in this article, “instructional aide” means a person employed to assist classroom instructors and other faculty in the performance of their duties and…
- § 88244 (a) Subject to the provisions of this article, any community college district may employ instructional aides to assist classroom instructors and other faculty…
- § 88245 No instructional aide shall give out any personal information concerning any student who is not his or her own child or ward, except under judicial process, to…
- § 88247 (a) An instructional aide shall not be deemed an academic employee for the purposes of apportioning state aid and no regrouping of students with instructional…
- § 88248 The community college district shall pay to each person employed as an instructional aide compensation at a rate not less than the minimum hourly rate…
- § 88249 Notwithstanding the provisions of this article, or any other provisions of law, a community college district may utilize volunteers in the supervision and…
ARTICLE 9. Assumption by County Superintendent of Schools of the Operation of a Community College District’s Data Processing Center §§ 88260–88263 · 4 sections
- § 88260 The provisions of this article shall become applicable upon the execution of an agreement between a county superintendent of schools and a community college…
- § 88261 A community college district classified employee assigned to a data processing center which is transferred to a county superintendent of schools shall, upon…
- § 88262 District employees whose status is changed pursuant to this article shall retain all accumulated and unused sick leave, vacation, seniority rights and other…
- § 88263 No employee transferred from community college district service pursuant to this article to a position, the salary of which is paid from the county school…
ARTICLE 10. Classified School Employee Week § 88270 · 1 section
- § 88270 The third full week in May is designated as Classified School Employee Week. All community colleges shall annually observe that week in recognition of…
ARTICLE 11. The Classified Community College Employee Summer Assistance Program § 88280 · 1 section
- § 88280 (a) The Classified Community College Employee Summer Assistance Program is hereby established for participating classified employees of participating community…