5 CCR s 51023.5

Cal. Admin. Code tit. 5, s 51023.5

CALIFORNIA CODE OF REGULATIONS
TITLE 5. EDUCATION
DIVISION 6. CALIFORNIA COMMUNITY COLLEGES
CHAPTER 2. COMMUNITY COLLEGE STANDARDS
SUBCHAPTER 1. MINIMUM CONDITIONS
This database is current through 02/02/07, Register 2007, No. 5
s 51023.5. Staff.

(a) The governing board of a community college district shall adopt
policies and procedures that provide district and college staff the
opportunity to participate effectively in district and college governance.
At minimum, these policies and procedures shall include the following:

(1) Definitions or categories of positions or groups of positions
other than faculty that compose the staff of the district and its
college(s) that, for the purposes of this section, the governing
board is required by law to recognize or chooses to recognize
pursuant to legal authority. In addition, for the purposes of this
section, management and nonmangement positions or groups of
positions shall be separately defined or categorized.

(2) Participation structures and procedures for the staff positions
defined or categorized.

(3) In performing the requirements of subsections (a)(1) and (2),
the governing board or its designees shall consult with the
representatives of existing staff councils, committees, employee
organizations, and other such bodies. Where no groups or structures
for participation exist that provide representation for the purposes
of this section for particular groups of staff, the governing board
or its designees, shall broadly inform all staff of the policies and
procedures being developed, invite the participation of staff, and
provide opportunities for staff to express their views.

(4) Staff shall be provided with opportunities to participate in
the formulation and development of district and college policies and
procedures, and in those processes for jointly developing
recommendations for action by the governing board, that the
governing board reasonably determines, in consultation with staff,
have or will have a significant effect on staff.

(5) Except in unforeseeable, emergency situations, the governing
board shall not take action on matters significantly affecting staff
until it has provided staff an opportunity to participate in the
formulation and development of those matters through appropriate
structures and procedures as determined by the governing board in
accordance with the provisions of this Section.

(6) The policies and procedures of the governing board shall ensure
that the recommendations and opinions of staff are given every
reasonable consideration.

(7) When a college or district task force, committee, or other
governance group, is used to consult with staff regarding
implementation of this section or to deal with other issues which
have been determined to significantly affect staff pursuant to
subdivision (a)(4), the appointment of staff representatives shall
be made as follows:

(A) The exclusive representative shall appoint representatives for
the respective bargaining unit employees, unless the exclusive
representative and the governing board mutually agree in a
memorandum of understanding to an alternative appointment process.

(B) Where a group of employees is not represented by an exclusive
agent, the appointment of a representative of such employees on any
task force, committee or governance group shall be made by, or in
consultation with, any other councils, committees, employee
organizations, or other staff groups that the governing board has
officially recognized in its policies and procedures for staff
participation.

(C) When the task force, committee or governance group will deal
with issues outside the scope of collective bargaining, any other
council, committee or staff group, other than an exclusive agent,
that the governing board has officially recognized in its policies
and procedures for staff participation may be allowed to designate
an additional representative. These organizations shall not receive
release time, rights, or representation on such task forces,
committees, or other governance groups exceeding that offered to the
exclusive representative of classified employees.

(D) In all cases, representatives shall be selected from the
category that they represent.

(b) In developing and carrying out policies and procedures pursuant to
subsection (a), the district governing board shall ensure that its actions
do not dominate or interfere with the formation or administration of any
employee organization, or contribute financial or other support to it, or
in any way encourage employees to join any organization in preference to
another. In addition, in order to comply with Government Code sections
3540, et seq., such procedures for staff participation shall not intrude
on matters within the scope of representation under section 3543.2 of the
Government Code. Governing boards shall not interfere with the exercise of
employee rights to form, join, and participate in the activities of
employee organizations of their own choosing for the purpose of
representation on all matters of employer-employee relations. Nothing in
this section shall be construed to impinge upon or detract from any
negotiations or negotiated agreements between exclusive representatives
and district governing boards. It is the intent of the Board of Governors
to respect lawful agreements between staff and exclusive representatives
as to how they will consult, collaborate, share, or delegate among
themselves the responsibilities that are or may be delegated to staff
pursuant to these regulations.

(c) Nothing in this section shall be construed to impinge upon the
policies and procedures governing the participation rights of faculty and
students pursuant to sections 53200-53204, and section 51023.7,
respectively.

(d) The governing board of a community college district shall comply
substantially with the provisions of this section.

Note: Authority cited: Section 70901, Education Code. Reference:
Sections 70901, 70901.2 and 70902, Education Code; and Sections 3540
et seq., Government Code.

HISTORY

1. New section filed 3-12-91 by Board of Governors of California Community
Colleges with the Secretary of State operative 4-5-91. Submitted to OAL
for
printing only pursuant to Education Code section 70901.5(b), (Register 91,

No. 23).

2. Editorial correction of printing error in subsection (b) and HISTORY 1.

(Register 91, No. 43).

3. Amendment of subsections (a)(1), (a)(3), (a)(5), (a)(7), (b), (c) and
(d)
filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only
pursuant
to Education Code section 70901.5 (Register 94, No. 38).

4. Amendment of section and Note filed 5-16-2003; operative 6-15-2003.
Submitted to OAL for printing only pursuant to
Education Code section70901.5 (Register 2003, No. 27).

5 CCR s 51023.5, 5 CA ADC s 51023.5
1CAC

5 CA ADC s 51023.5

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