This section of the law says that certain rules apply to all classified employees in community college districts, whether they use a merit system or not, unless stated otherwise. These rules don't apply to districts within a city and county that already have a charter-based merit system for their employees.

This section of the California Education Code defines key terms related to classified employees in certain educational districts. It explains what classification means by outlining job titles, duties, hours, and salary ranges. It clarifies terms like permanent and regular employees, focusing on those who have completed their probationary period. Demotion is defined as being moved to a lower position without voluntary consent, while disciplinary action includes any involuntary position or status changes, except for layoffs due to lack of work or funds. Reclassification involves upgrading a position due to increased duties, and layoffs are defined as voluntary reductions to avoid job interruption. Cause refers to the legal grounds for disciplining employees. This section excludes certain districts based on size and specific conditions.

This law states that classified college employees are considered employed for 12 months each year, regardless of their actual working months. If an employee takes on extra duties during the year, they should be paid fairly for that work, unless a different agreement is in place. Payment must at least match what others in that role earn during the regular year. The college must inform employees about their pay and benefits for any additional work before they start it.

During school sessions outside the usual academic year, these employees should be assigned work. If they are assigned to work between academic years, it must be based on their qualifications. Employees who generally don't work between academic years can't be forced to work during that time, but if they choose to, they should be paid fairly, similar to regular assignments.

This rule applies to districts using a merit system as well.

This section outlines how community college districts in California should classify their non-academic employees. These classifications are known as the 'classified service.' Certain employees, like substitute and short-term workers employed for less than 75% of a college year, are not considered part of this group. Specific exclusions also apply to apprentices, professional experts on temporary projects, and students working part-time in certain programs.

'Substitute employees' fill temporary vacancies when a regular employee is absent or when a new hire is pending. 'Short-term employees' perform limited services that don't require ongoing work. The service terms for these employees should not exceed 75% of a school year.

The law also ensures that student employment doesn't replace classified workers or break existing service contracts. This section only applies to districts not using a merit system, and employees in specific part-time roles, like playground positions, may become permanent under designated conditions.

This law allows community colleges in California to hire private contractors for services typically done by school employees, but only if certain rules are followed. These rules ensure that outsourcing brings real cost savings to the district, doesn’t displace current employees, and follows fair bidding and hiring procedures. Contracts have to show clear financial benefits and not just rely on paying contractors less. They also must not endanger the public interest and should be minimal in risk. Additionally, specific conditions allow contracting, such as when services are unavailable within the district, require special expertise, or are necessary in emergencies. This law applies to all community colleges and is specific to contracts starting after 2003.

This section explains that any job in a school district that's not labeled as an academic position and doesn't have a specific exemption from classified service must be classified. Being classified means it's not considered an academic role, regardless of the job title given. Even if someone is qualified to be a teacher or academic administrator, they can still work in a classified position, and having those qualifications won't stop them from being hired for such a role.

This law applies the same way to districts using the merit system, ensuring consistency across different practice areas as laid out in other rules.

This law deals with how contracts for food service management consulting at community college districts should be handled. It allows these contracts to be for a maximum of one year, with any renewals or new proposals considered annually. Importantly, these contracts should not lead to the elimination of food service positions or negatively impact employee conditions like pay or benefits.

The consultant cannot supervise food service staff but can work with managers on food service-related matters as long as they comply with the restrictions. All individuals providing consulting services must meet specific health criteria set by the district. These rules apply to all community college districts, even those with a merit system.

This section outlines that nonacademic positions created by a school district board under certain federal and state programs, funding acts, or special funding are considered part of the classified service, even if they are not part of the regular school program. People hired for these roles get the same rights and benefits as other classified employees. However, if these positions are restricted to applicants from low-income groups or areas, the positions will be labeled 'restricted.'

Restricted employees receive all regular classified employee benefits except for permanent employment status, seniority, some layoff protections, and promotion eligibility unless they qualify by examination after six months. Once they pass the exam, they gain full classified service rights retroactively to their initial hire date. This aims to offer job opportunities to those in need without disrupting standard hiring practices.

This section allows community college districts to create jobs funded by the Comprehensive Employment and Training Act (CETA). These jobs are temporary and part of the classified service, but workers in these roles don't gain permanent status or seniority for layoff purposes. They are classified employees but do not follow the same rules as others under Sections 88091 and 88092, especially regarding layoffs and reemployment.

These employees can apply for other positions they qualify for, and if they move to a regular role, their employment duration in the CETA position counts towards their classified service time. Their retirement benefits follow federal laws.

This section states that even if certain positions at a community college are exempt from the classified service, they still need to follow certain rules and regulations. Specifically, these positions must adhere to the rules outlined in Sections 87408.6, 88021, 88022, 88023, and 88024. The district's governing board must create rules to enforce this. However, the section doesn't apply to full-time students who are attending the college during the day.

This law section explains how funds from the Federal Emergency Employment Act of 1971 (or any similar future laws) can and cannot be used. It states that these funds should not be used for jobs already covered by federal, state, or local budgets, for positions that don't increase overall employment, or that displace current workers or reduce their work hours, wages, or benefits.

If a community college district uses these funds while planning or conducting layoffs due to a lack of work or funds, the district must report to the governing board to prove that the jobs of laid-off permanent employees aren't being taken over by new hires under the act. The governing board's approval of this report confirms compliance with the law.

This rule applies equally to districts that have adopted the merit system.

This law allows community college districts in California to create special job positions called 'restricted' positions. These positions are for people from low-income groups or certain community areas. If you're hired for a 'restricted' position, you're considered a classified employee, but you don't get some standard benefits like permanent status or seniority until you meet certain requirements. This setup applies to jobs like instructional aides and roles that involve direct work with students or parents, such as in counseling or library services. Even districts with a merit system must follow these rules as if they were part of a specific article.

This law states that the governing boards of community college districts are responsible for assigning duties to all employees in non-teaching roles, except for those on the personnel commission staff. This rule applies to districts that use the merit system just like it would under certain other laws.

This law makes sure that classified employees in community college districts aren't forced to do duties that aren't part of their job description for more than five days in a 15-day period unless it's reasonably related to their role. If they have to do different tasks for longer, their pay must be increased to fairly match the work they're doing outside their usual duties.

Districts with either a merit system or nonmerit system can establish rules to provide a pay increase even for shorter periods of working out of classification. The main aim is to allow temporary assignments outside normal job duties but ensure employees get extra pay for these tasks.

A community college district employee classified as non-teaching isn't required to work on weekends unless they agree in writing. If an assignment on these days conflicts with religious beliefs, they can refuse by stating the objection in writing. Existing schedules that already include weekends won't be affected by this rule.

Additionally, this law doesn't limit a college district's ability to assign employees as needed, nor does it change other specific employment laws for classified staff.

This California education law states that community college districts cannot create rules that require job candidates or employees to live within the district to get or keep a job in the classified service, or give preference to district residents. The law supports the idea that anyone, regardless of where they live, should have a fair chance to compete for these positions based on their skills and qualifications. Exceptions apply to certain positions mentioned in other sections. Districts using the merit system must apply this rule as part of their hiring practices.

If a community college district hires staff assistants or field representatives to help with policy decisions, these staff members are part of the classified service but don't have permanent job status. They're not hired through the normal procedures for classified positions, like recruitment and salary guidelines.

These assistants work based on the governing board's majority decision, while field representatives serve at the discretion of individual board members.

Legislature intends that these employees should not be working on election campaigns during their paid working hours.

This rule applies even in districts with a merit system, as if it were included in the relevant merit system regulations.

This law requires community college districts to establish clear personnel rules for classified employees. Employees generally become permanent after up to six months, but peace officers need at least a year. Once permanent, discipline is only for valid reasons with fair process.

Employees are entitled to contest charges with a hearing, and a decision must be based on solid evidence. The law also allows the district to stop pay after 30 days under certain conditions. This section's rules override older agreements after their expiration, except for those in merit systems.

This section states that the governing board can lay off and rehire classified employees, but they must follow specific procedures outlined in other sections. Importantly, whenever the term 'personnel commission' is mentioned in these procedures, it should be understood to mean the governing board itself.

If someone was laid off from a job in an educational district due to not having enough work or funds and chose to retire with the Public Employees' Retirement System, they should be placed on a reemployment list. The district must notify the Retirement System's Board that the retirement was due to a layoff.

If this person is later offered a job again and agrees in writing, the district has to keep the job open until the retirement request is processed for reinstatement.

This rule applies to districts using the merit system, as if it were part of Article 3.

If a school employee faces disciplinary action, the notice they receive must clearly explain what they did wrong in plain language, and mention any specific rule they broke. Simply quoting the rule or law without explanation isn't enough.

If the notice doesn't comply with these requirements, the employee can take action to stop any further disciplinary processes based on it. This section also relates to more detailed procedures starting from Section 88060.

This section outlines the process for notifying classified employees in California community college districts if their services will not be needed for the next year. By March 15, written notice must be given, detailing the reasons. Employees can request a hearing to contest their non-reemployment, and they must make this request within a specified time frame. Hearings involve an administrative law judge, and outcomes are determined by the college's governing board. Notices must be given personally or by registered mail. If a permanent employee isn’t notified by May 15, they’re automatically reemployed. The law also covers scenarios involving layoffs due to funding issues or program terminations, emphasizing seniority and reemployment rights. Short-term employees cannot be kept if a qualified classified employee is available. Additionally, if changes are made to layoff notice rights for academic staff, similar rights must be extended to classified employees."

This law section ensures that when community college district boundaries change due to division, annexation, or merger, nonacademic employees will not lose their jobs. They are guaranteed employment for at least two years, along with the same salary and benefits they had before the changes, provided certain conditions are met.

(a) All nonacademic employees from a district that becomes part of a new district will continue as employees of the new district.

(b) If a district's territory is transferred to another district, employees working in that area become employees of the new district. Employees whose work was related to the affected area, but weren't physically working there, can choose to stay with their current district or move to the new one.

(c) If a district is split and ceases to exist, employees assigned to specific areas will join the district taking over that area. Unassigned employees can choose any new district to work for.

(d) Employees working at a specific school will be employed by the district where that school is now located. However, the new district can reassign duties reasonably.

This law section deals with community college districts in California that use a merit system for hiring and personnel matters. If there is a reorganization—where territory from a district with a merit system joins another district or forms a new one—the new or acquiring district must also adopt the merit system. All employees from the affected districts keep their seniority and employment rights as if they were always part of the new district.

If there are too many employees for a job category, they must be retained for at least two years. If, after that, there are still extra employees, they can be placed on a reemployment list and may accept lower-ranking jobs while waiting for a suitable opening. Accepting a lower-ranked position doesn't mean giving up the right to return to their original level if it becomes available within the specified time.

If someone has worked for a community college student body group for at least six months and then joins the classified service, they automatically become a permanent employee of the college without needing to pass a test. If they've worked for less than six months, they become a probationary employee without a test.

This rule also applies to districts using the merit system, as if it were already part of their rules.

This law mandates that the board in charge of a community college district must hire individuals for food service roles as part of their non-teaching staff.

This law says that if a community college district in California requires its classified employees to have a physical exam, the district has to either provide the exam or pay back the employee for getting it done. Even if the exam is required before someone is hired, the district should cover the cost if the person ends up working there.

This rule applies to districts with a merit system just like it does to other districts.

This law states that community colleges in California cannot hire someone convicted of a sex or controlled substance offense unless the conviction is overturned or dismissed. However, they can hire someone with a drug-related conviction if they have proof of rehabilitation for at least five years.

The college's governing board will decide how to evaluate rehabilitation and their decision is final.

This law states that community college districts in California cannot hire someone who has been legally labeled as a sexual psychopath. However, if that legal label is later overturned or dismissed, hiring them becomes permissible.

Community college districts in California must, within 10 workdays of hiring someone for a non-teaching position, have the individual submit two fingerprint cards prepared by the local law enforcement agency. This is to check if the person has any criminal record, with results sent back to the law enforcement agency by the Department of Justice. Districts with 60,000 or more full-time students can process their own fingerprints. The district must also report to the Department of Justice any current employees who haven't complied. Some districts are exempt from these requirements, such as those with a large enrollment or operating within a city and county, unless they choose to follow them by rule. Substitute or temporary workers employed for less than a year might not need to comply either.

The fingerprint processing incurs a fee set by the Department of Justice, which the district forwards with the fingerprint cards. An additional fee, up to $2, might be charged for the fingerprinting service. Applicants hired within 30 days can get their fee reimbursed, otherwise, it goes to the district's funds. The district itself pays the fee for current employees, not charging them. A guilty plea or conviction is counted as a conviction even if later changed or dismissed under specific conditions.

This law says that the Department of Justice must provide information about any person in their records to local law enforcement agencies when they apply for it, regardless of any other laws that might say otherwise.

This law states that a classified employee's standard workweek is 40 hours with an 8-hour workday. Districts can require overtime if needed, and can also set shorter workdays or workweeks if desired. Exceptions to paying overtime for working more than 8 hours in a day can be made, but must be approved and only apply to jobs with unpredictable hours, like security or recreation. However, jobs in food service and transportation can't be included in this exception. This law applies to districts using the merit system.

This section requires that each community college district's governing board decides how to compensate employees for overtime. Overtime pay must be at least one and a half times the regular pay rate. Overtime includes work beyond eight hours in a day or 40 hours in a week. If a district sets shorter workdays or workweeks, any hours worked beyond those are also overtime. This rule doesn't apply to jobs with shorter regular hours unless those hours are temporarily reduced due to lack of work or funds, and the employees agree. Also, time off for holidays, sick leave, or other paid leave counts as hours worked. This law applies to districts using the merit system.

If a district allows employees to take time off instead of receiving overtime pay, this time off must be used within 12 months of when the overtime was worked. The time off should not negatively affect the district's services.

This rule also applies to districts using the merit system as if it were part of the merit system regulations.

This law lets community college districts or their personnel commissions designate some positions as management roles, like supervisors or executives, and exclude them from overtime rules. To exclude a job from overtime, it must be clearly a management role, meaning it has special duties, flexible hours, higher pay, benefits, and authority. These decisions must be documented in writing to ensure fairness. Even if excluded from overtime, if such an employee works on a holiday, they must be paid extra or get time off at their usual pay rate.

This also applies to districts using the merit system, treating this rule as part of their existing regulations.

This law states that employees working an average of four or more hours a day can't work more than five days in a row without extra pay in a week. If they work on the sixth or seventh day, they must get paid 1.5 times their usual rate. Employees working less than four hours a day will only get the 1.5 times pay if they work on the seventh day. Some workers may not qualify for this extra pay, specifically those already excluded from overtime rules. The law also applies to districts using a merit system, treating it as if it were part of specific related rules.

This California law states there are no age restrictions for hiring or continuing to employ individuals in classified community college roles, and age alone can't be used to disqualify someone who meets the job requirements. However, individuals receiving a retirement allowance based on prior school or community college work cannot be employed unless exceptions in another law are applicable.

Those who were employed in a community college district's classified service as of September 18, 1959, and remained employed by September 15, 1961, maintain their retirement rights from that earlier date. The law ensures they are not denied any retirement benefits they were entitled to at that time. Furthermore, this regulation also applies to districts using the merit system.

This law allows retired classified school employees to work for a community college district, but they must follow specific rules found in another part of the Government Code. It particularly applies to districts using the merit system, treating it as if it is part of certain regulations.

This law states that part-time classified employees, who are on probation or already permanent, are entitled to sick leave and the same benefits that are legally provided to full-time classified employees. However, the benefits for part-time workers can be scaled down according to the hours they work compared to full-time schedules.

Essentially, they should receive a proportional share of what full-time employees get. The governing board must offer at least the same benefits to all regular classified employees, but they can give extra benefits based on the type of work, job level, or how long someone has worked there.

The rule doesn't cover substitute, short-term, or limited-term employees unless they're specifically included by the governing board or a personnel commission. It applies to districts with a merit system the same as if it were part of another specific article. Also, it does not apply to certain benefits outlined in a different government code section.

If a part-time classified employee in the California education system works extra hours beyond their usual schedule for a certain period, their assignment must be adjusted to capture these extra hours so that they can get benefits proportionate to the time they actually work.

Specifically, if they work 30 extra minutes daily for 20 consecutive days, their assignment changes to reflect those hours for proportionate fringe benefits. Also, if their average working time exceeds their assigned time by 50 minutes in a quarter, the following quarter’s compensable leave and holiday hours must reflect this increase, not counting any overtime paid at a rate of time-and-a-half.

Vacation accrual should be based on average hours worked if it's not already calculated on actual hours. This law is about ensuring that part-time employees get fair benefits based on actual hours worked, rather than outdated fixed schedules.

This law allows community college districts to require their classified staff to wear uniforms. However, the college district must pay for the uniforms and any related equipment or ID badges. This rule applies equally to districts using the merit system.

This law allows community college district boards to create rules for their classified employees to switch from full-time to part-time work while keeping their retirement benefits. To qualify, an employee must be at least 55 years old, have worked full-time for at least 10 years, with the last five being consecutive. Part-time work must be at least half of the full-time schedule, last no more than five years, and cannot go past the employee's 70th birthday. Employees opting for part-time work will be paid a proportional salary and retain health benefits and other rights, though their request to change must be agreed upon by their employer.

This law allows community college districts in California to set workday and workweek schedules for their classified employees. They can do this as long as they have the agreement of the employee's union or the individual employee if there's no union. If these schedules mean employees work more than a standard workday or over 40 hours in a week, they must be paid overtime.

This rule is for districts that use a merit system, which is a system based on hiring and promoting employees based on their ability.