CHAPTER 4. Classified Employees [88000. - 88280.]

Chapter 4 enacted by Stats. 1976, Ch. 1010.

§§ 88000–88280 · 190 sections

1. 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…
2. 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…
3. 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…
4. 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…
5. 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…
6. 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…
7. 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…
8. 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…
9. 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…
10. 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…
11. 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…