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Temporary Employees of a Community College District
As the Court of Appeals in Haase v. San Diego Community College District (1980) aptly observed:
“Entry into the Education Code is painful.”
The complex web of laws that is the Education Code can be daunting to decipher. The provisions relating to the employment of part-time, temporary faculty to meet a community college district’s ongoing instructional and non-instructional needs, and employment and classification of non-academic community college district employees specifically exempt from the classified service, are no exception. This workbook focuses on simplifying and de-mystifying the provisions regarding hiring adjunct faculty and provides guidance to community college districts regarding when and why districts can hire temporary non-academic employees.
The workbook addresses important questions pertaining to the employment of adjunct faculty members such as:
- How often can they be employed?
- Under what circumstances do they acquire tenure?
- How is their tenure calculated?
- How many hours a week can they work?
- How can they be utilized flexibly but without exploitation?
- Should they be required to maintain office hours?
- Can they accrue vacation?
- Can they be employed in different disciplines?
- Can they be employed in categorically funded programs?
Likewise, the workbook addresses important questions pertaining to the employment of non-academic community college district employees and those relating to positions specifically exempt from classification such as:
- Why go outside the classified service?
- When can you go outside the classified service?
- When can a community college district employ personal service contracts?
- Under what circumstances can an exempt employee become a classified employee?
- General Principles
- Limitations on the Number of Temporary Faculty Members
- Classification of Temporary Faculty Members
- Historical Background
- Case Law Since Peralta
- Basic Rules
- When Temporary Hours May Advance an Employee Toward Tenure
- Other Relevant Education Code Statutes
- Impact of Collective Bargaining Agreements
- Provisions in Collective Bargaining Agreements Are Not Preempted by the Education Code
- Obligation to Bargain Reemployment Preferences for Part-Time, Temporary Faculty
- Impact of ACA on Temporary Faculty Members
- Who is a Full-Time Employee?
- How Should Districts Calculate “Hours of Service” for Temporary Faculty Members?
- What is the Classified Service?
- Non-Academic Employees
- Definition of “Classification”
- Rights and Responsibilities of Classified Employees
- Why Go Outside the Classified Service?
- When Can You Go Outside the Classified Service?
- Merit vs. Non-Merit Distinction
- Temporary Employment Positions Specifically Excluded from Classified Service
- Employee in Regular Status Who Reduces Time
- Must All Work That is Neither Academic nor Exempt Be Performed by Classified Employees?
- A Note on Employees in Categorically Funded Programs
- Personal Services Contracts
- To Achieve Cost Savings When All of the Following Conditions Are Met:
- Contract Mandated by the Legislature
- Services Not Available Within the District
- Services Incidental to a Contract for Purchase or Lease of Real Property
- Contracts Necessary to Accomplish Community College District Goals and Purposes
- Emergency Appointments
- Equipment or Materials Not Available from District
- Services are of Urgent, Temporary, or Occasional Nature
- Under What Circumstances Can a Temporary (Exempt) Employee Become a Classified Employee?
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