Policies:
The District is committed to employing qualified administrators, faculty, and staff members who are dedicated to student success. The Board recognizes that diversity in the academic environment fosters cultural awareness, promotes mutual understanding and respect, and provides suitable role models for all students. The Board is committed to recruiting, hiring, upward mobility, and staff development policies and processes that support the goals of equal opportunity and diversity, and that provide equal consideration for all qualified candidates.
The Board delegates authority to the President/Superintendent or designee to authorize employment (subject to confirmation by the Board), fix job responsibilities, and perform other personnel actions provided that all federal and state laws and regulations and Board policies and administrative procedures have been followed.
See Administrative Procedures #7110
The President/Superintendent shall establish procedures for the recruitment and selection of employees including, but not limited to, the following criteria.
An Equal Employment Opportunity plan shall be implemented according to Title 5 and Board Policy 3420.
Academic employees shall possess the minimum qualifications prescribed for their positions by the Board of Governors.
The criteria and procedures for hiring academic employees shall be established and implemented in accordance with Board policies and procedures regarding the Academic Senate's role in local decision-making.
The criteria and procedures for hiring classified employees shall be established in accordance with Board policies regarding classified staff's role in local decision-making.
See Administrative Procedures #7120.
Salary schedules, compensation and benefits, including health and welfare benefits, for all classes of employees and each contract employee shall be approved by the Board.
See Administrative Procedures #7130.
If eligible employees of the District select an employee organization as their exclusive representative, and if after recognition by the District or after a properly conducted election, an exclusive representative is certified as the representative of an appropriate unit of employees under the provisions of the Educational Employment Relations Act, Government Code Section 3540 et seq., the District will meet and negotiate in good faith with authorized bargaining units and their representatives on all matters within the scope of bargaining as defined by law.
Academic employees are all persons employed by the District in academic positions. Academic positions include every type of service, other than paraprofessional service, for which minimum qualifications have been established by the Board of Governors for the California Community Colleges.
Faculty members are those employees who are employed by the District in academic positions for which they have the required Faculty Service Area designation and otherwise qualified as faculty. Faculty positions are not designated as supervisory or management. Faculty employees include, but are not limited to, instructors, librarians, counselors, and professionals in health services, DSPS, and EOPS.
Decisions regarding tenure of faculty shall be made in accordance with the evaluation procedures established for the evaluation of probationary faculty and in accordance with the requirements of the Education Code. The Board reserves the right to determine whether a faculty member shall be granted tenure.
The District may employ temporary faculty from time to time as required by the interests of the District. Temporary faculty may be employed full time or part time. The Board delegates authority to the President/Superintendent or designee to determine the extent of the District's needs for temporary faculty.
Notwithstanding this policy, the District shall comply with its goals under the Education Code regarding the ratio of full-time to part-time faculty to be employed by it and for making progress toward the standard of 75% of total faculty work load hours taught by full-time faculty.
Classified employees are those who are employed in positions that are not academic positions. The employees and positions shall be known as the classified service.
The classified service does not include:
The Board shall fix and prescribe the duties of the members of the classified service. (See Board Policy 7110.)
Before a short-term employee is employed, the Board, at a regularly scheduled meeting, shall specify the service required to be performed and certify the ending date of the service. The Board may later act to shorten or extend the ending date, but shall not extend it beyond 75 percent of an academic year.
The President/Superintendent shall establish procedures to assure that the requirements of state law and regulations regarding the classified service are met.
The probationary period for classified employees shall be six months, except for police and security staff it shall be twelve months.
See Administrative Procedures #7230.
Confidential employees are those whoare required to develop or represent management positions with respect to employer-employee relations or whose duties normally require access to confidential information that is used to contribute significantly to the development of management positions. The fact that an employee has access to confidential or sensitive information shall not in and of itself make the employee a confidential employee.
A determination whether a position is a confidential one shall be made by the Board in accordance with applicable law and with the regulations of the California Public Employment Relations Board.
Confidential employees are not eligible for inclusion in a bargaining unit represented by an exclusive representative and the terms and conditions of their employment are not controlled by any collective bargaining agreement.
The terms and conditions of employment for confidential employees shall be provided for by procedures developed by the President/Superintendent. Such terms and conditions of employment shall include, but not be limited to, procedures for evaluation and rules regarding leaves, transfers and reassignments.
See Administrative Procedures #7240.
An administrator is a person employed by the District in a supervisory or management position as defined in Government Code Sections 3540, et seq.
Educational administrators are those who exercise direct responsibility for supervising the operation of or formulating policy regarding the instructional or student services programs of the District.
An educational administrator who has not previously acquired tenure as a faculty member in the District shall have the right to become a first year probationary faculty member once his or her administrative assignment expires or is terminated, if the following criteria are met:
Educational administrators shall be compensated in the manner provided for by the appointment or contract of employment. Compensation shall be set by the Board upon recommendation by the President/Superintendent. Educational administrators shall further be entitled to health and welfare benefits made available by action of the Board upon recommendation by the President/Superintendent.
Educational administrators shall be entitled to vacation leave, sick leave, and other leaves as provided by law, these policies, and administrative procedures adopted by the President/Superintendent.
Every educational administrator shall be employed by an appointment under the terms and conditions of a master contract applicable to that position. The Board may, with the consent of the administrator concerned, terminate, effective on the next succeeding first day of July, the terms of employment and any contract of employment with the administrator, and reemploy the administrator on any terms and conditions as may be mutually agreed upon by the Board and the administrator, for a new term to commence on the effective date of the termination of the existing term of employment.
If the Board determines that the administrator is not to be reemployed when his or her appointment or contract expires, notice to an administrator shall be in accordance with the terms of the existing contract and in accordance with Education Code Section 72411.
Classified administrators are administrators who are not employed as educational administrators.
Classified supervisors are those classified administrators, regardless of job description, having authority to hire, transfer, suspend, recall, promote, discharge, assign, reward, or discipline other employees, or having the responsibility to assign work to and direct them, adjust their grievances, or effectively recommend such action.
Classified managers are those classified administrators, regardless of job description, having significant responsibilities for formulating District policies or administering District programs other than the educational programs of the District.
Classified administrators may be employed by an appointment under the terms and conditions of a master contract. If a classified administrator is employed by an appointment on contract, the contract shall be subject to the same conditions as applicable to educational administrators.
Classified administrators may be employed in the same manner as the other members of the classified service. If a classified administrator is employed as a regular member of the classified service, employment shall be consistent with other provisions of these policies regarding employment of classified employees.
Reference: Government Code Section 12920 et seq., 1090 et seq.
Board Approved: 11/09/05
The District does not prohibit the employment of relatives [or domestic partners as defined by Family Code Section 297 et seq.] in the same department or division, with the exception that they shall not be assigned to a regular position within the same department, division or site that has an immediate family member who is in a position to recommend or influence personnel decisions.
Personnel decisions include appointment, retention, evaluation, tenure, work assignment, promotion, demotion, or salary of the relative [or domestic partner as defined by Family Code Section 297 et seq.].
Immediate family means spouse, parents, grandparents, siblings, children, grandchildren and in-laws or any other relative living in the employee's home.
The District will make reasonable efforts to assign job duties to minimize the potential for creating an adverse impact on supervision, safety, security, or morale, or creating other potential conflicts of interest.
Notwithstanding the above, the District retains the right where such placement has the potential for creating an adverse impact on supervision, safety, security, or morale, or involves other potential conflicts of interest, to refuse to place spouses in the same department, division or facility. The District retains the right to reassign or transfer any person to eliminate the potential for creating an adverse impact on supervision, safety, security, or morale, or involves other potential conflicts of interest.
All newly hired academic employees shall have on file a medical certificate indicating freedom from communicable diseases, including tuberculosis. No academic employee shall commence service until such medical certificate has been provided to the District.
All newly hired employees must show that they have been examined within the past 60 days to determine that they are free from active tuberculosis.
All employees shall be required to undergo an examination within four years of employmentand every four years thereafter,to determine if they are free from tuberculosis.
See Administrative Procedures #7330.
The President/Superintendent or designee may require medical or psychological examinations of candidates for appropriate positions prior to assuming the duties of the position. Such pre-employment medical examinations shall be required only after a conditional job offer has been made, and shall be required of any candidate for a position for which a pre-employment medical examination has been deemed appropriate. No candidate shall be required to participate in such an examination on the basis of the candidate's age or disability.
The Board authorizes the President/Superintendent to require any employee to undergo a physical or mental examination at any time it appears to be in the District's interest to obtain verification of an employee's fitness for duty. Such medical examinations shall be at the District's expense and shall be conducted by a physician chosen by the District.
The President/Superintendent shall establish procedures for employee leaves as authorized by law and by any collective bargaining agreements entered into by the District. Such leaves shall include, but are not limited to:
·illness leaves for all classes of permanent employees;
·vacation leave for members of the classified service, administrators, confidentials, supervisors and managers;
·leave for service as an elected official of a community college District public employee organization, or of any statewide or national employee organization with which the local organization is affiliated; Education Code Sections 87768.5; 88210
Vacation leave for confidentials, educational and classified administrators, and classified supervisors and managers shall not accumulate beyond 44days of paid leave or 352 hours of paid leave. Vacation leave for classified service (white and blue collar) shall not accumulate beyond 40 days of paid leave or 320 hours of paid leave.
In addition to these policies and collective bargaining agreements, the Board retains the power to grant leaves with or without pay for other purposes or for other periods of time.
The Board authorizes implementation of a catastrophic leave program to permit employees of the District to donate eligible leave credits to an employee when that employee or a member of his or her family suffers from a catastrophic illness or injury.
The President/Superintendent shall establish administrative procedures to administer the program that comply with the requirements established by the Education Code. The administrative procedures shall assure that the program is administered in a nondiscriminatory way.
See Administrative Procedures #7345.
The Board shall accept the resignation of any employee and shall fix the time when the resignation takes effect, which shall not be later than the close of the academic year during which the resignation has been received by the Board.
The Board hereby delegates to the President/Superintendent the authority to accept resignations on its behalf at any time. Resignations shall be deemed accepted by the Board when accepted in writing by the President/Superintendent. When accepted by the President/Superintendent, the resignation is final and may not be rescinded. All such resignations shall be forwarded to the Board for ratification.
A contract or regular employee may be dismissed or penalized for one or more of the grounds set forth in Education Code section 87732. If the employee is to be penalized, the Board shall determine the nature of the penalties. If the Board decides to dismiss or penalize a contract or regular employee, it shall assure that each of the following has been satisfied:
If the Board decides it intends to dismiss or penalize a contract or regular employee, it shall take the actions required by the Education Code, and the President/Superintendent or designee shall thereafter assure that the employee is afforded the full post-termination due process required by the Education Code Sections 87666 through 87681, and 87740.
The President/Superintendent shall establish procedures that define the conditions and processes for dismissal, discipline, and due process and ensure they are available to employees.
See Administrative Procedures #7360.
The District's Vice President/Deputy Superintendents or their designees are responsible for receiving discrimination complaints filed pursuant to Title 5, section 59338 and for coordinating the investigation. The investigation of complaints may be assigned to other staff or to outside persons or organizations.
The President/Superintendent shall enact procedures for the disciplinary proceedings applicable to permanent classified employees of the District. Such procedures shall conform to the requirements of the Education Code.
The Board's determination of the sufficiency of the cause for disciplinary action of a classified employee shall be conclusive.
No disciplinary action shall be taken for any cause that arose prior to the employee becoming permanent, or for any cause that arise more than two years preceding the date of the filing of any charge against the employee, unless the cause was concealed or not disclosed by the employee when it could be reasonably assumed that the employee should have disclosed the facts to the District.
A permanent member of the classified service shall be subject to disciplinary action, including, but not limited to, oral reprimand, written reprimand, reduction in pay, demotion, suspension, or discharge, for any of the following grounds:
See Administrative Procedures #7365.
Employees shall not use District funds, services, supplies or equipment to urge the passage or defeat of any ballot measure or candidate, including, but not limited to, any candidate for election to the governing board. This policy prohibits political activity during an employee's working hours, but shall not be construed to prohibit an employee from urging the support or defeat of a ballot measure or candidate during nonworking time.
The District shall permit any former academic employee who has retired from the District to enroll in the health and welfare benefit plan and/or dental care benefit plan currently provided to its current academic employees. In addition, the District shall also permit the enrollment of the surviving spouse of a former academic employee who either retired from the District or was, at the time of his or her death, employed by the District as an academic employee and a member of the State Teacher's Retirement System.
Enrollment pursuant to this policy shall be at the retiree or surviving spouse's own expense.
A retired academic employee or surviving spouse may enroll in the District's health and welfare benefit plans only once pursuant to this policy. A retired academic employee or surviving spouse who voluntarily terminates coverage under this policy may be excluded from obtaining coverage again.
The President/Superintendent shall establish procedures as may be deemed necessary to administer this policy in accordance with Education Code Sections 7000, et seq.
See Administrative Procedures #7380.
An employee may request reduction of his or her salary in any amount for any or all of the following purposes:
The request provided for above shall be revocable by the employee.
The District shall [with or without charge] reduce the salary payment by the amount which the employee has authorized in writing for the purpose of paying the his or her membership dues in any local, statewide or other professional organization. Revocation of such authorization shall be in writing and shall be effective beginning with the next pay period.
See Administrative Procedures #7385.
The President/Superintendent is authorized to attend conferences, meetings and other activities that are appropriate to the functions of the District.
The President/Superintendent shall establish procedures regarding the attendance of other employees at conferences, meetings, or activities. The procedures shall include authorized expenses, advance of funds, and reimbursement.
See Administrative Procedures #7400.
Domestic partners registered with the California Secretary of State shall have, insofar as permitted by California law, all of the same rights, protections, and benefits, as well as the same obligations, responsibilities, and duties of married persons (spouses) under state law. Former domestic partners shall have all of the rights and obligations of former spouses. Surviving domestic partners shall have the same rights, protections, and benefits as are granted to a surviving spouse of a decedent.
Therefore, all references to "spouses" in District's policies or procedures shall be read to include registered domestic partners as permitted by California law.
The Board has established a safety and security department under the supervision of the Chief of Safety and Security, who reports directly to the President/Superintendent or designee. The department(s) shall have jurisdiction to enforce the law on or near the campus(es) and other grounds or properties owned, operated, controlled or administered by the District.
District safety and security staff shall be employed as members of the classified service but shall, when duly sworn, be peace officers as defined by law. Prior to employment, they shall satisfy the training requirements set out in Penal Code Sections 830, et seq.
The President/Superintendent or designee shall establish minimum qualifications of employment for the Chief of Safety and Security including, but not limited to, prior employment as a peace officer or completion of a peace officer training course approved by the Commission on Peace Officers' Standards and Training
The President/Superintendent or designee shall ensure that every eligible member of the Safety and Security Department first employed by the District before July 1, 1999 satisfies the requirements of state law regarding qualifications for continued employment.
Every eligible member of the Safety and Security Department shall be issued a suitable identification card and metal or cloth uniform badge.
The President/Superintendent or designee, in cooperation with the Chief of Safety and Security, shall issue such other regulations as may be necessary for the effective administration of the Safety and Security Department.
See Administrative Procedures #7600.
The District shall employ campus security officers, who shall provide services as security guards, or patrol persons on or about the campus(es) owned or operated by the District. Their duties include, but are not limited to, protecting persons or property, preventing the theft of District property, assisting with medical emergencies, and reporting unlawful activity to the District's Chief of Safety and Security or other authorized District employee and local law enforcement, as necessary.
The President/Superintendent or designee shall establish procedures necessary for administration of campus safety and security. In addition, the District's Chief of Safety and Security, as designated by the President/Superintendent or designee, shall enter into an agreement with local law enforcement, which includes that campus security officers shall cooperate with local law enforcement in performing their duties.
Every campus security officer who works more than twenty hours per week shall complete a course of training developed by the Bureau of Security and Investigative Services of the Department of Consumer Affairs as required by Education Code Section 72330.5 (b). If an officer is required to carry a firearm, he or she shall also satisfy the training requirements of Section 832 of the Penal Code.
Every campus security officer shall meet other requirements set out in Education Code Section 72330.5.
See Administrative Procedures #7601.