CHAPTER 5. Personnel

Chapter 5 enacted by Stats. 1976, Ch. 1010.

§§ 89500–89574 · 92 sections

1. ARTICLE 1. General Provisions §§ 89500–89528 · 32 sections

   • § 89500 (a) (1) Notwithstanding any other provision of law, the trustees shall provide by rule for the government of their appointees and employees, pursuant to this…
   • § 89500.7 (a) The trustees shall offer, on at least a semiannual basis, to each of the university’s filers, an orientation course on the relevant ethics statutes and…
   • § 89501 (a) For the purpose of facilitating the recruitment of professional and technically trained persons to fill positions for which there is a shortage of…
   • § 89502 (a) It is the policy of the state that the workweek of the employees of the California State University shall be 40 hours, and the workday of such employees…
   • § 89503 (a) The trustees may authorize payments into a private fund to provide health and welfare benefits to nonpermanent employees of the class specified in Section…
   • § 89504 (a) Upon separation from service without fault on his or her part, an employee is entitled to a lump-sum payment as of the time of separation for any unused or…
   • § 89505 The trustees, subject to such conditions as they may establish, may purchase annuity contracts for any of their employees, and shall reduce the salary of any…
   • § 89505.5 (a) Officers and employees of the California State University may participate in the deferred compensation plan established pursuant to Section 19993 of the…
   • § 89506 (a) The trustees, subject to such conditions as they may establish, may enter into contracts of group life insurance and contracts of group disability…
   • § 89507 (a) The trustees, subject to any conditions which the trustees may impose, may establish programs of insurance with respect to any class of employees of the…
   • § 89508 (a) Each person holding a four-year term appointment under Section 80507 on June 30, 1961, regardless of when the term commenced, shall on that date be…
   • § 89510 (a) The trustees may grant a leave of absence without compensation to any nonacademic employee. (b) If the provisions of this section are in conflict with the…
   • § 89511 (a) (1) The California State University shall grant to any employee, upon a request that provides at least 30 days notice before commencement, a leave of…
   • § 89512 (a) Upon the expiration of the leave of absence granted pursuant to Section 89510 or 89511, the employee to whom the leave of absence was granted is entitled…
   • § 89513 (a) Every employee who has entered or who hereafter enters the active military service of the United States of America or of the State of California, including…
   • § 89514 (a) The time during which an employee of the trustees is on leave of absence without compensation shall not be credited toward retirement under any retirement…
   • § 89515 The trustees shall eliminate all policies which detrimentally and unreasonably affect the employment status of females hired by the California State…
   • § 89516 The trustees may establish rules and regulations which allow academic teaching employees, librarians, counselors, and student affairs officers to reduce their…
   • § 89516.5 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…
   • § 89517 (a) The minimum and maximum salary limits for laborers, workmen, and mechanics employed on an hourly or per diem basis need not be uniform throughout the…
   • § 89518 (a) Any librarian employed by the trustees on a 12-month basis in a fiscal year has the right to elect to be employed for one or more fiscal years on a…
   • § 89519 (a) The trustees shall grant a leave of absence without pay for the purposes of the pregnancy, childbirth or the recovery therefrom of a female employee, for a…
   • § 89519.5 (a) Subject to subdivision (c), the trustees shall grant to an employee, who has exhausted all available sick leave, the following leaves of absence with pay:…
   • § 89520 (a) The provisions of Article 4.5 (commencing with Section 19400) of Chapter 7 of Part 2 of Division 5 of the Government Code, relating to upward mobility,…
   • § 89521 (a) The trustees shall, as part of the hiring process for an appointment to an academic, athletic, or administrative position with the California State…
   • § 89522 All applications for appointment to academic, administrative and nonacademic positions shall include a place for listing volunteer experience and such…
   • § 89523 (a) Any employee who, immediately prior to becoming an employee, was an employee of an auxiliary organization as provided in Section 89900, and whose functions…
   • § 89524 (a) Any employee who, immediately prior to becoming an employee, was an employee of an auxiliary organization as provided in Section 89900, and whose functions…
   • § 89525 When an employee uses sick leave or vacation, or both, because of an injury compensable under the Labor Code, and the California State University is reimbursed…
   • § 89526 (a) For purposes of this section, the following definitions apply: (1) “Campus” means a campus of the California State University. (2) “Chancellor’s office”…
   • § 89527 (a) An officer or employee who is or may be entitled to temporary disability indemnity under Division 4 (commencing with Section 3200) or Division 4.5…
   • § 89528 (a) In order to improve the recruitment and retention of faculty in specified academic disciplines, the trustees shall establish a supplemental salary program.…
2. ARTICLE 1.1. Industrial Disability Leave §§ 89529–89529.11 · 12 sections

   • § 89529 (a) This article applies to employees of the trustees who are members of the Public Employees’ Retirement System or the State Teachers’ Retirement System in…
   • § 89529.01 If the provisions of this article are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section…
   • § 89529.02 As used in this article: (a) “Industrial disability leave” means temporary disability as defined in Divisions 4 (commencing with Section 3200) and 4.5…
   • § 89529.03 If an employee is temporarily disabled by illness or injury arising out of and in the course of state employment, he or she shall become entitled, regardless…
   • § 89529.04 An employee who is receiving industrial disability leave benefits shall continue to receive all employee benefits which he or she would have received had he or…
   • § 89529.05 The disabled employee shall not receive temporary disability indemnity or sick leave or annual leave with pay for any period for which he or she receives…
   • § 89529.06 Division 4.7 (commencing with Section 6200) of the Labor Code shall not apply to employees to which this article applies.
   • § 89529.07 If an employee continues to be temporarily disabled after termination of benefits under this article, he or she shall be entitled to the benefits provided by…
   • § 89529.08 (a) If an illness or injury causes temporary disability, the employee shall be placed on industrial disability leave on the fourth calendar day after the…
   • § 89529.09 Payments shall be contingent on the complete medical certification of the illness or injury including diagnosis and any prognosis of recovery. Further,…
   • § 89529.10 The trustees or its designee shall adopt any rules and regulations necessary for the administration of this article for its employees.
   • § 89529.11 (a) This article shall be effective upon the adoption of applicable rules and regulations, but not later than January 1, 1975. (b) The reenactment of this…
3. ARTICLE 1.2. Nonindustrial Disability Insurance §§ 89529.15–89529.25 · 11 sections

   • § 89529.15 As used in this article: (a) “Employee” means any of the following: (1) A permanent or probationary full-time employee of the trustees, regardless of period of…
   • § 89529.16 If the provisions of this article are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section…
   • § 89529.17 (a) When an employee is disabled, whether temporarily or permanently, the employee shall become entitled, subject to the provisions of this article, to receive…
   • § 89529.18 A disabled employee is eligible to receive nonindustrial disability benefits under this article equal to one-seventh of his or her weekly benefit amount…
   • § 89529.19 A disabled employee shall be eligible to receive nonindustrial disability benefits under this article without being required to use any vacation leave accrued…
   • § 89529.20 An employee is not eligible for disability benefits under this article with respect to any period for which the Director of Employment Development finds that…
   • § 89529.21 (a) Except as provided in this section, an individual is not eligible for disability benefits under this article for any day of unemployment and disability for…
   • § 89529.22 Discretionary deductions of the employee, including those for coverage under a state health benefits plan in which an employee is enrolled, shall be deducted…
   • § 89529.23 Filing, determination, and payment of disability benefit claims under this article shall be made in accordance with the procedures prescribed by Article 4…
   • § 89529.24 The trustees shall adopt any rules and regulations necessary for the administration of this article for employees of the California State University.
   • § 89529.25 The reenactment of this article at the 1987–88 Regular Session of the Legislature does not constitute a change in, but is declaratory of, the existing law.
4. ARTICLE 2. Appointment, Tenure, Layoff and Dismissal of Employees §§ 89530–89546 · 21 sections

   • § 89530 (a) As used in this article, unless the context otherwise requires: (1) “Dismissal” means dismissal for cause. (2) “Layoff” means separation from a position…
   • § 89531 (a) Every nonacademic employee shall be appointed for one year which is a probationary period. On reappointment for the second year, the employee shall be…
   • § 89532 (a) All vacant or newly established nonacademic positions shall, as far as consistent with federal, state, and campus affirmative action guidelines and the…
   • § 89533 (a) Any nonacademic employee shall be required to serve only one probationary period to gain permanent status in a position or in a substantially similar…
   • § 89534 (a) The trustees shall adopt rules prescribing the form, time and method of notice of rejection at any time during the probationary period to any probationary…
   • § 89535 Any permanent or probationary employee may be dismissed, demoted, or suspended for the following causes: (a) Immoral conduct. (b) Unprofessional conduct. (c)…
   • § 89536 Any permanent or probationary employee who is physically or mentally unfit for the position occupied may be suspended, demoted, or dismissed pursuant to the…
   • § 89536.1 (a) If, after considering the conclusions of a medical examination or medical reports from an employee’s physician or other pertinent information, the trustees…
   • § 89537 “Unprofessional conduct” as used in Section 89535 includes, but is not limited to, willful advocacy of the overthrow of the government of the United States or…
   • § 89538 (a) Notice of dismissal, demotion, or suspension for cause of an employee shall be in writing, signed by the chancellor or his or her designee and be served on…
   • § 89539 (a) (1) Any employee dismissed, suspended, or demoted for cause may request a hearing by the State Personnel Board by filing a request, in writing, with the…
   • § 89539.1 An employee who has been served with notice of dismissal, suspension, or demotion for cause, or a representative designated by the employee, shall have the…
   • § 89539.2 (a) Any party claiming that his or her request for discovery pursuant to Section 89539.1 has not been complied with may serve and file a petition to compel…
   • § 89540 If the dismissal, suspension, or demotion or the reassignment is revoked or modified by the State Personnel Board or the trustees, the employee shall be…
   • § 89541 (a) Absence without leave of an employee, whether voluntary or involuntary, for five consecutive working days is an automatic resignation from state service,…
   • § 89542 (a) If a petition to set aside the resignation of any employee is filed with the State Personnel Board within 30 days after the last date upon which services…
   • § 89542.5 (a) The Trustees of the California State University shall establish grievance and disciplinary action procedures for all academic employees, including all…
   • § 89543 (a) The trustees shall adopt regulations for determination of the order in which nonacademic employees shall be laid off for lack of funds or because of lack…
   • § 89544 (a) A permanent nonacademic employee may, with his consent and the approval of the trustees, be employed at less than full time and retain permanent status.…
   • § 89545 (a) Whenever a new campus of the California State University is established and an employee is transferred from an existing campus of the California State…
   • § 89546 (a) Every employee of a state university or college shall have the right to access to all reports, documents, correspondence, and other material which pertain…
5. ARTICLE 2.5. Separation of Employees From Service for Lack of Funds or Lack of Work §§ 89550–89557 · 8 sections

   • § 89550 (a) It shall be the policy of the California State University to provide stability of employment by foreseeing and avoiding unnecessary reductions in staff.…
   • § 89551 (a) Layoff of administrative and nonacademic employees shall be by class within a particular campus, or within the office of the chancellor. (b) Layoff of…
   • § 89552 (a) Whenever a determination has been made that there is a lack of funds or lack of work, employees in a class or teaching service area to be reduced shall be…
   • § 89553 (a) After a determination has been made of the class or teaching service area to be reduced and the number of employees in such class or area to be laid off,…
   • § 89554 (a) An employee to be laid off may elect to accept such layoff prior to the date named in the notice of layoff. If an employee elects to accept early layoff,…
   • § 89555 (a) In lieu of being laid off, an administrative or nonacademic employee may elect demotion or transfer to any class in which he has served as a permanent…
   • § 89556 (a) The president at each campus, and the chancellor at the office of the chancellor, shall establish and maintain reemployment lists of all permanent…
   • § 89557 The trustees shall adopt appropriate rules and guidelines relating to the implementation of the Reduced Worktime Act in Article 1.6 (commencing with Section…
6. ARTICLE 3. California State University Police §§ 89560–89562 · 3 sections

   • § 89560 The trustees may appoint one or more persons to constitute a police department for the headquarters and for each campus of the California State University.…
   • § 89561 Every member of a California State University police department shall be supplied with, and authorized to wear, a badge bearing the words “California State…
   • § 89562 (a) On or before July 1, 2023, the Chancellor of the California State University shall convene a stakeholder workgroup that includes, but is not limited to, a…
7. ARTICLE 4. Investigation of Reported Improper Governmental Activities §§ 89570–89574 · 5 sections

   • § 89570 This article shall be known and may be referred to as the California State University Investigation of Reported Improper Governmental Activities Act.
   • § 89571 It is the intent of the Legislature that employees of, and applicants for employment at, the California State University should be free to report improper…
   • § 89572 For the purposes of this article: (a) “Applicant for employment” means an individual who has completed and submitted an application form for a specific,…
   • § 89573 (a) Upon receiving a protected disclosure in writing, the administrator designated in accordance with established procedures of the California State University…
   • § 89574 (a) Notwithstanding Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code, every investigative audit undertaken under this article…