reglab/statecodes huggingface dataset:
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 45 - DISTRICTS AND GOVERNING BOARDS › CHAPTER 6 - Miscellaneous Provisions › ARTICLE 2 - Counseling Services › Section 72620.

72620. The governing board of a community college district may provide in each college within the district an organized and functioning counseling program. Counseling shall include, but not be limited to, all of the following:
(a) Educational counseling in which the student is assisted in planning and implementing his or her immediate and long-range educational program.
(b) Career counseling in which the student is assisted in assessing his or her aptitudes, abilities, and interests in order to make realistic career decisions. The career counseling shall include encouraging students, including women and minorities, to seek apprenticeship training.
(c) Personal counseling in which the student is helped to develop his or her ability to function with social and personal responsibility.
(d) Evaluating and interpreting test data.
(e) Counseling and consultation with parents and staff members on learning problems and guidance programs for students.
For purposes of this section, a person performing counseling services to students shall be qualified as a counselor pursuant to Section 87355 or 87356.
A governing board of a community college district, which offers these counseling services, may contract with the governing boards of any other districts, or private schools, or other public and private agencies or organizations, to render the counseling services. In so contracting, the governing board of a community college district shall not contract at less than cost to a private school, or private agency or organization.
Nothing in this section shall be construed as prohibiting persons participating in an organized advisory program approved by the governing board of a community college district, and supervised by a district counselor, from advising students pursuant to the organized advisory program.
Notwithstanding any provisions of this section to the contrary, any person who is performing these counseling services pursuant to law authorizing the performance thereof in effect before March 4, 1972, shall be authorized to continue to perform such services on and after March 4, 1972, without compliance with the additional requirements imposed by this section.
(Amended by Stats. 1995, Ch. 758, Sec. 86. Effective January 1, 1996.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 45 - DISTRICTS AND GOVERNING BOARDS › CHAPTER 6 - Miscellaneous Provisions › ARTICLE 2 - Counseling Services › Section 72620.5.

72620.5. Commencing with the 1997–98 fiscal year, community college districts, to the extent that funding is provided in the annual Budget Act, may provide counseling and matriculation services for students enrolled in credit courses and students enrolled in noncredit courses, according to a welfare-to-work plan as provided in Section 11325.21 of the Welfare and Institutions Code.
(Added by Stats. 1997, Ch. 270, Sec. 16. Effective August 11, 1997. Operative January 1, 1998, by Sec. 183 of Ch. 270.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 45 - DISTRICTS AND GOVERNING BOARDS › CHAPTER 6 - Miscellaneous Provisions › ARTICLE 6 - Auxiliary Organizations › Section 72670.

72670. The governing board of a community college district may establish auxiliary organizations for the purpose of providing supportive services and specialized programs for the general benefit of its college or colleges. As used in this article, “auxiliary organization” may include, but is not limited to, the following entities:
(a) Any entity in which any official of a community college district participates as a director as part of his or her official position.
(b) Any entity formed or operating pursuant to Article 4 (commencing with Section 76060) of Chapter 1 of Part 47.
(c) Any entity which operates a commercial service for the benefit of a community college or district on a campus or other property of the district.
(d) Any entity whose governing instrument provides in substance both of the following:
(1) Its purpose is to promote or assist a community college or district, or to receive gifts, property and funds to be used for the benefit of the community college or district or any person or organization having an official relationship therewith.
(2) Any of its directors, governors, or trustees are either appointed or nominated by, or subject to, the approval of the governing board of the district, an official of the district, or selected, ex officio, from the membership of the student body or the faculty or the governing board or the administrative staff of the district.
(e) Any entity which is designated as an auxiliary organization by the district governing board.
(Amended by Stats. 1981, Ch. 470, Sec. 105.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 45 - DISTRICTS AND GOVERNING BOARDS › CHAPTER 6 - Miscellaneous Provisions › ARTICLE 6 - Auxiliary Organizations › Section 72670.5.

72670.5. (a) The Board of Governors of the California Community Colleges may establish auxiliary organizations for the purpose of providing supportive services and specialized programs for the general benefit of the mission of the California Community Colleges.
(b) As used in this article:
(1) “Auxiliary organization” may include, but is not limited to, the following entities:
(A) Any entity whose governing instrument provides in substance both of the following:
(i) That its purpose is to promote or assist the Board of Governors of the California Community Colleges, or to receive gifts, property, and funds to be used for the benefit of the Board of Governors of the California Community Colleges or any person or organization having an official relationship therewith.
(ii) That any of its directors, governors, or trustees are either appointed or nominated by, or subject to, the approval of the Board of Governors of the California Community Colleges or an official of the California Community Colleges, or selected, ex officio, from the membership of the Board of Governors or the administrative staff of the California Community Colleges.
(B) Any entity which, exclusive of the foregoing subdivisions of this section, is designated as an auxiliary organization by the Board of Governors of the California Community Colleges.
(2) “District governing board” includes the Board of Governors of the California Community Colleges, unless the context requires otherwise.
(c) Any agreement between the Board of Governors of the California Community Colleges and an auxiliary organization established pursuant to this section shall provide for full reimbursement from the auxiliary organization to the Board of Governors of the California Community Colleges for any services performed by the employees of the board under the direction of, or on behalf of, the auxiliary organization.
(Added by Stats. 1998, Ch. 954, Sec. 15. Effective January 1, 1999.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 45 - DISTRICTS AND GOVERNING BOARDS › CHAPTER 6 - Miscellaneous Provisions › ARTICLE 6 - Auxiliary Organizations › Section 72671.

72671. An auxiliary organization may enter into a joint powers agreement with any federal, state, or local governmental entity pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code.
(Repealed and added by Stats. 1980, Ch. 858, Sec. 2. Effective August 31, 1980.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 45 - DISTRICTS AND GOVERNING BOARDS › CHAPTER 6 - Miscellaneous Provisions › ARTICLE 6 - Auxiliary Organizations › Section 72673.

72673. Student body organizations not formed or operating pursuant to Article 4 (commencing with Section 76060) of Chapter 1 of Part 47; student or faculty societies, social clubs, fraternities, and sororities; and alumni associations shall be exempt from the provisions of this article, unless any such organization, society, club, fraternity, sorority, or association has been established as an auxiliary organization pursuant to the provisions of this article.
This section shall not be construed to alter or limit the powers of the district governing board to establish rules and regulations governing organizations which maintain an official relationship with a college or district or which uses the name or facilities of the college or district.
(Amended by Stats. 1981, Ch. 470, Sec. 106.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 45 - DISTRICTS AND GOVERNING BOARDS › CHAPTER 6 - Miscellaneous Provisions › ARTICLE 6 - Auxiliary Organizations › Section 72674.

72674. Each auxiliary organization formed pursuant to this article, shall have a board of directors composed, both as to size and categories of membership, in accordance with regulations established by the district governing board.
Each board of directors shall, during each fiscal year, hold at least one business meeting each quarter. The board of directors shall have the benefit of the advice and counsel of at least one attorney admitted to practice law in this state and at least one licensed certified public accountant. Neither the attorney at law nor the certified public accountant need be members of the board of directors.
No auxiliary organization shall accept any grant, contract, bequest, trust, or gift, unless it is so conditioned that it may be used only for purposes consistent with policies of the district governing board.
Each board of directors of an auxiliary organization shall conduct its business in public meetings in accordance with the provisions of Chapter 9 (commencing with Section 54950) of Part 1 of the Government Code.
(Repealed and added by Stats. 1980, Ch. 858, Sec. 2. Effective August 31, 1980.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 45 - DISTRICTS AND GOVERNING BOARDS › CHAPTER 6 - Miscellaneous Provisions › ARTICLE 6 - Auxiliary Organizations › Section 72675.

72675. (a) The board of directors of an auxiliary organization shall approve all expenditures and fund appropriations. Appropriations of funds for use outside of the normal business operations of the auxiliary organization shall be approved in accordance with district policy and regulations by an officer designated by the district governing board.
(b) The district governing board, in accordance with regulations of the Board of Governors of the California Community Colleges, shall do all of the following:
(1) Institute a standard systemwide accounting and reporting system for businesslike management of the operation of these auxiliary organizations.
(2) Implement financial standards that will ensure the fiscal viability of these various auxiliary organizations. The standards shall include proper provision for professional management, adequate working capital, adequate reserve funds for current operations and capital replacements, and adequate provisions for new business requirements.
(3) Institute procedures to ensure that transactions of the auxiliary organizations are within the educational mission of the district.
(4) Develop policies for the appropriation of funds derived from indirect cost payments not required to implement paragraph (2). Uses of these funds shall be regularly reported to the district governing board.
(Amended by Stats. 2005, Ch. 654, Sec. 6. Effective October 7, 2005.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 45 - DISTRICTS AND GOVERNING BOARDS › CHAPTER 6 - Miscellaneous Provisions › ARTICLE 6 - Auxiliary Organizations › Section 72676.

72676. Operations of commercial services on a campus, such as a food service or bookstore, or such commercial services as may be provided in a student union, shall, when operated by an auxiliary organization, be self-supporting.
Any surplus funds from commercial operations shall be used for such purposes as are consistent with regulations of the district governing board.
(Added by Stats. 1980, Ch. 858, Sec. 2. Effective August 31, 1980.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 45 - DISTRICTS AND GOVERNING BOARDS › CHAPTER 6 - Miscellaneous Provisions › ARTICLE 6 - Auxiliary Organizations › Section 72677.

72677. No member of the board of directors of an auxiliary organization shall be financially interested in any contract or other transaction entered into by the board of which he or she is a member. Any contract or transaction entered into in violation of this section is void.
(Added by Stats. 1980, Ch. 858, Sec. 2. Effective August 31, 1980.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 45 - DISTRICTS AND GOVERNING BOARDS › CHAPTER 6 - Miscellaneous Provisions › ARTICLE 6 - Auxiliary Organizations › Section 72678.

72678. No contract or other transaction entered into by the board of directors of an auxiliary organization is void under the provisions of Section 72677; nor shall any member of such board be disqualified or deemed guilty of misconduct in office under such provisions, if both of the following conditions are met:
(a) The fact of such financial interest is disclosed or known to the board of directors and noted in the minutes, and the board thereafter authorizes, approves, or ratifies the contract or transaction in good faith by a vote sufficient for the purpose without counting the vote or votes of such financially interested member or members.
(b) The contract or transaction is just and reasonable as to the auxiliary organization at the time it is authorized or approved.
(Added by Stats. 1980, Ch. 858, Sec. 2. Effective August 31, 1980.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 45 - DISTRICTS AND GOVERNING BOARDS › CHAPTER 6 - Miscellaneous Provisions › ARTICLE 6 - Auxiliary Organizations › Section 72679.

72679. The provisions of Section 72678 shall not be applicable if any of the following conditions are met:
(a) The contract or transaction is between an auxiliary organization and a member of the board of directors of that auxiliary organization.
(b) The contract or transaction is between an auxiliary organization and a partnership or unincorporated association of which any member of the governing board of that auxiliary organization is a partner or in which he or she is the owner or holder, directly or indirectly, of a proprietorship interest.
(c) The contract or transaction is between an auxiliary organization and a corporation in which any member of the board of directors of that auxiliary organization is the owner or holder, directly or indirectly, of 5 percent or more of the outstanding common stock.
(d) A member of the board of directors of an auxiliary organization is interested in a contract or transaction within the meaning of Section 72677, and without first disclosing such interest to the governing board at a public meeting of the board, influences or attempts to influence another member or members of the board to enter into the contract or transaction.
(Added by Stats. 1980, Ch. 858, Sec. 2. Effective August 31, 1980.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 45 - DISTRICTS AND GOVERNING BOARDS › CHAPTER 6 - Miscellaneous Provisions › ARTICLE 6 - Auxiliary Organizations › Section 72680.

72680. It is unlawful for any person to utilize any information, not a matter of public record, which is received by the person by reason of his or her membership on the board of directors of an auxiliary organization, for personal pecuniary gain, regardless of whether he or she is or is not a member of the board at the time such gain is realized.
(Added by Stats. 1980, Ch. 858, Sec. 2. Effective August 31, 1980.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 45 - DISTRICTS AND GOVERNING BOARDS › CHAPTER 6 - Miscellaneous Provisions › ARTICLE 6 - Auxiliary Organizations › Section 72682.

72682. An auxiliary organization that was in existence on August 31, 1980, shall continue to operate under Article 6 (commencing with Section 72670) of Chapter 6 of Part 45, as it read immediately prior to August 30, 1980, until the time, if any, that the organization is recognized pursuant to this article.
(Amended by Stats. 2005, Ch. 654, Sec. 7. Effective October 7, 2005.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 45 - DISTRICTS AND GOVERNING BOARDS › CHAPTER 6 - Miscellaneous Provisions › ARTICLE 7 - The Richard McKee Transparency Act of 2011 › Section 72690.

72690. The Legislature finds and declares all of the following:
(a) Access to information concerning the conduct of the people’s business is a necessary and fundamental right of every person in this state.
(b) The auxiliary organizations of a governing board of a community college district and of the Board of Governors of the California Community Colleges promote and assist the colleges by engaging in activities that are essential and integral to the mission and purpose of the California Community Colleges.
(c) The auxiliary organizations of a governing board of a community college district and of the Board of Governors of the California Community Colleges are legally separate from the California Community Colleges.
(d) Access to records used, owned, or maintained by these auxiliary organizations must be balanced by the need to protect the individual privacy rights of donors and volunteers, and to protect an auxiliary organization’s fiduciary interests.
(Added by Stats. 2011, Ch. 247, Sec. 1. (SB 8) Effective January 1, 2012.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 45 - DISTRICTS AND GOVERNING BOARDS › CHAPTER 6 - Miscellaneous Provisions › ARTICLE 7 - The Richard McKee Transparency Act of 2011 › Section 72691.

72691. For purposes of this article, the following terms have the following meanings:
(a) “Auxiliary organization” means those entities defined in Sections 72670 and 72670.5.
(b) “Identifiable writing” means any handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing, any form of communication or representation, including, but not limited to, letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored.
(Added by Stats. 2011, Ch. 247, Sec. 1. (SB 8) Effective January 1, 2012.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 45 - DISTRICTS AND GOVERNING BOARDS › CHAPTER 6 - Miscellaneous Provisions › ARTICLE 7 - The Richard McKee Transparency Act of 2011 › Section 72692.

72692. (a) Records maintained by an auxiliary organization shall be available to the public to inspect or copy at all times during the office hours of the auxiliary organization, except as hereafter provided. The records subject to inspection or copying by the public pursuant to this section shall include any identifiable writing containing information relating to the conduct of the auxiliary organization that is prepared, owned, used, or retained by an auxiliary organization. Any reasonably segregable portion of a record shall be promptly available for inspection and copying after redacting those portions exempt from disclosure by law.
(b) Upon a request for a copy of a record that reasonably describes an identifiable record, an auxiliary organization shall make the record promptly available within a reasonable time to any person upon payment of fees covering only the direct cost of duplication, except with respect to records maintained by an auxiliary organization exempt from disclosure by law. Nothing in this article shall be construed to permit an auxiliary organization to delay or obstruct the inspection or copying of public records.
(c) If a member of the public requests to inspect a public record or obtain a copy of a record held by an auxiliary organization, the organization shall assist the person to make a focused and effective request that reasonably describes an identifiable record or records.
(Added by Stats. 2011, Ch. 247, Sec. 1. (SB 8) Effective January 1, 2012.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 45 - DISTRICTS AND GOVERNING BOARDS › CHAPTER 6 - Miscellaneous Provisions › ARTICLE 7 - The Richard McKee Transparency Act of 2011 › Section 72693.

72693. (a) Upon a written request for a copy or inspection of records, an auxiliary organization shall determine, within 10 calendar days from the receipt of the request, whether the request, in whole or in part, seeks copies of disclosable records maintained by the auxiliary organization and shall notify the requester in writing without undue delay of the determination and the reasons therefor.
(b) (1) In unusual circumstances, the time limit prescribed in this section may be extended by a written notice by the head of the auxiliary organization, or his or her designee, to the person making the request that sets forth the reasons for the extension and the date on which a determination is expected to be sent. That notice shall not specify a date that would result in an extension of more than 14 days. When the auxiliary organization sends the determination, and if the auxiliary organization determines that the request seeks disclosable public records, the auxiliary organization shall state the estimated date and time when the records will be made available.
(2) As used in this section, “unusual circumstances” means the following, but only to the extent reasonably necessary to the proper processing of the particular request:
(A) The need to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request.
(B) The need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records that are demanded in a single request.
(C) The need for consultation, which shall be conducted with all practicable speed, with another agency having a substantial interest in the determination of the request or among two or more components of the agency having a substantial subject matter interest therein.
(D) The need to compile data, to write programming language or a computer program, or to construct a computer report to extract data.
(c) An auxiliary organization shall justify withholding a record by demonstrating that the record is exempt from disclosure by law, or that, on the facts of the particular request, the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record.
(d) A response to a written request for inspection or copies of public records that includes a determination that the request is denied, in whole or in part, shall be in writing and shall set forth the names and titles or positions of each person responsible for the denial.
(e) This article shall not limit access to a public record on the basis of the purpose for which the record is being requested, if the record is otherwise subject to disclosure.
(Added by Stats. 2011, Ch. 247, Sec. 1. (SB 8) Effective January 1, 2012.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 45 - DISTRICTS AND GOVERNING BOARDS › CHAPTER 6 - Miscellaneous Provisions › ARTICLE 7 - The Richard McKee Transparency Act of 2011 › Section 72694.

72694. (a) Unless otherwise prohibited by law, an auxiliary organization that has information that constitutes an identifiable record not exempt from disclosure pursuant to this chapter that is in an electronic format shall make that record available in an electronic format when requested by any person and, when applicable, shall comply with both of the following:
(1) An auxiliary organization shall make an electronic record available in the electronic format in which it holds the information.
(2) An auxiliary organization shall provide a copy of an electronic record in the format requested if the requested format is one that has been used by the auxiliary organization to create copies for its own use or for provision to other entities or persons. The cost of duplication shall be limited to the direct cost of producing a copy of a record in an electronic format.
(b) Notwithstanding paragraph (2) of subdivision (a), the requester shall bear the cost of producing a copy of the record, including the cost to construct a record, and the cost of programming and computer services necessary to produce a copy of the record if either of the following applies:
(1) In order to comply with the provisions of subdivision (a), an auxiliary organization would be required to produce a copy of an electronic record and the record is one that is produced only at otherwise regularly scheduled intervals.
(2) The request would require data compilation, extraction, or programming to produce the record.
(c) If a request is for a record in a nonelectronic format, and the record is also available in an electronic format, an auxiliary organization may inform the requester that the record is available in an electronic format.
(d) Nothing in this section shall be construed to do any of the following:
(1) Require an auxiliary organization to reconstruct a record in an electronic format if the auxiliary organization no longer has the record available in an electronic format.
(2) Permit an auxiliary organization to make a record available only in an electronic format.
(3) Require an auxiliary organization to release an electronic record in the electronic form in which it is held by the auxiliary organization if its release would jeopardize or compromise the security or integrity of the original record, or of any proprietary software with which it is maintained.
(4) Permit public access to records held by an auxiliary organization to which access is otherwise restricted by law.
(Added by Stats. 2011, Ch. 247, Sec. 1. (SB 8) Effective January 1, 2012.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 45 - DISTRICTS AND GOVERNING BOARDS › CHAPTER 6 - Miscellaneous Provisions › ARTICLE 7 - The Richard McKee Transparency Act of 2011 › Section 72695.

72695. Nothing in this article shall require an auxiliary organization to disclose information that is exempt from disclosure pursuant to an exemption set forth in Section 7922.000 of the Government Code or in any provision listed in Section 7920.505 of the Government Code.
(Amended by Stats. 2021, Ch. 615, Sec. 76. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 45 - DISTRICTS AND GOVERNING BOARDS › CHAPTER 6 - Miscellaneous Provisions › ARTICLE 7 - The Richard McKee Transparency Act of 2011 › Section 72696.5.

72696.5. (a) Notwithstanding any provision of law, trade secrets, as defined in Section 3426.1 of the Civil Code, shall not be subject to disclosure. This information shall be redacted from auxiliary organization records before disclosure.
(b) For purposes of this section, “trade secrets” means information, including a formula, pattern, compilation, program, device, method, technique, or process, that does both of the following:
(1) Derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use.
(2) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
(Added by Stats. 2011, Ch. 247, Sec. 1. (SB 8) Effective January 1, 2012.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 45 - DISTRICTS AND GOVERNING BOARDS › CHAPTER 6 - Miscellaneous Provisions › ARTICLE 7 - The Richard McKee Transparency Act of 2011 › Section 72697.

72697. Any person may institute proceedings for injunctive or declarative relief or writ of mandate in any court of competent jurisdiction to enforce his or her right to inspect or to receive a copy of any record or class of records maintained by an auxiliary organization under this article. The times for responsive pleadings and for hearings in these proceedings shall be set by the judge of the court with the object of securing a decision as to these matters at the earliest possible time.
(Added by Stats. 2011, Ch. 247, Sec. 1. (SB 8) Effective January 1, 2012.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 45 - DISTRICTS AND GOVERNING BOARDS › CHAPTER 6 - Miscellaneous Provisions › ARTICLE 7 - The Richard McKee Transparency Act of 2011 › Section 72698.

72698. (a) Whenever it is made to appear by verified petition to the superior court of the county where the records or some part thereof are situated that certain records maintained by an auxiliary organization are being improperly withheld from a member of the public, the court shall order the officer or person charged with withholding the records to disclose the record or show cause why he or she should not do so. The court shall decide the case after examining the record in camera, if permitted by subdivision (b) of Section 915 of the Evidence Code, papers filed by the parties, and any oral argument and additional evidence as the court may allow.
(b) If the court finds that an auxiliary organization official’s decision to refuse disclosure is not justified under this article, he or she shall order the official to make the record public. If the judge determines that the official was justified in refusing to make the record public, he or she shall return the item to the official without disclosing its content with an order supporting the decision refusing disclosure.
(c) An order of the court, either directing disclosure by an auxiliary organization or supporting the decision of the auxiliary organization official refusing disclosure, is not a final judgment or order within the meaning of Section 904.1 of the Code of Civil Procedure from which an appeal may be taken, but shall be immediately reviewable by petition to the appellate court for the issuance of an extraordinary writ. Upon entry of any order pursuant to this section, a party shall, in order to obtain review of the order, file a petition within 20 days after service upon him or her of a written notice of entry of the order, or within such further time not exceeding an additional 20 days as the trial court may for good cause allow. If the notice is served by mail, the period within which to file the petition shall be increased by five days. A stay of an order or judgment shall not be granted unless the petitioning party demonstrates it will otherwise sustain irreparable damage and probable success on the merits. Any person who fails to obey the order of the court shall be cited to show cause why he or she is not in contempt of court.
(d) The court shall award court costs and reasonable attorney’s fees to the plaintiff should the plaintiff prevail in litigation filed pursuant to this section. The costs and reasonable attorney’s fees shall be paid by the auxiliary organization of which the official is a member or employee and shall not become a personal liability of the auxiliary organization official. If the court finds that the plaintiff’s case is clearly frivolous, the court shall award court costs and reasonable attorney’s fees to the auxiliary organization.
(Added by Stats. 2011, Ch. 247, Sec. 1. (SB 8) Effective January 1, 2012.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 45 - DISTRICTS AND GOVERNING BOARDS › CHAPTER 6 - Miscellaneous Provisions › ARTICLE 7 - The Richard McKee Transparency Act of 2011 › Section 72699.

72699. (a) Notwithstanding any other provision of law, and except as provided for in subdivision (c), whenever an auxiliary organization discloses a record it maintains that is otherwise exempt from this article, this disclosure shall constitute a waiver of the exemptions specified in this article.
(b) For purposes of this section, “auxiliary organization” includes a member, agent, volunteer, or officer of the auxiliary organization acting within the scope of his or her affiliation with the organization.
(c) Subdivision (a) shall not apply to the following disclosures:
(1) Disclosures made to a donor or prospective donor with regard to that donor’s donation or prospective donation to an auxiliary organization.
(2) Disclosures made to a volunteer or prospective volunteer with respect to that volunteer’s services being provided to the auxiliary organization.
(3) Disclosures made through other legal proceedings or as otherwise required by law.
(4) Disclosures within the scope of a disclosure required by law that limits disclosure of specified writings to certain purposes.
(5) Disclosures described in subdivision (a) of Section 72696 to an auditor conducting an audit.
(6) Disclosures described in subdivision (a) of Section 72696 to a bank or similar financial institution in the course of ordinary financial transactions, or in response to a request from the bank or other financial institution relating to the ordinary delivery of financial services.
(Amended by Stats. 2012, Ch. 162, Sec. 41. (SB 1171) Effective January 1, 2013.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 45 - DISTRICTS AND GOVERNING BOARDS › CHAPTER 6 - Miscellaneous Provisions › ARTICLE 7 - The Richard McKee Transparency Act of 2011 › Section 72700.

72700. Any provision in a contract entered into after the effective date of this article between an auxiliary organization and another party that would prevent the disclosure of information required to be disclosed pursuant to this article is void and unenforceable, and such a provision shall not justify a failure to comply with the requirements of this article.
(Added by Stats. 2011, Ch. 247, Sec. 1. (SB 8) Effective January 1, 2012.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 45 - DISTRICTS AND GOVERNING BOARDS › CHAPTER 6 - Miscellaneous Provisions › ARTICLE 7 - The Richard McKee Transparency Act of 2011 › Section 72701.

72701. This article shall not apply to any records subject to a request made pursuant to the California Public Records Act, as set forth in Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code.
(Amended by Stats. 2021, Ch. 615, Sec. 78. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 46 - DISTRICT REORGANIZATION OR FORMATION › CHAPTER 1 - Legislative Intent and Definitions › ARTICLE 1 - Legislative Intent and Purpose › Section 74000.

74000. The Legislature hereby declares as its policy that all of the territory of the state shall be included within a community college district, except that territory located within a county where the county residents accounted for fewer than 350 units of average daily attendance in the state’s community colleges during the preceding fiscal year. The territory located within such a county may be included within a community college district pursuant to the procedures prescribed by Article 2 (commencing with Section 74130) of Chapter 2.
(Amended by Stats. 1990, Ch. 1372, Sec. 361.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 46 - DISTRICT REORGANIZATION OR FORMATION › CHAPTER 1 - Legislative Intent and Definitions › ARTICLE 1 - Legislative Intent and Purpose › Section 74001.

74001. On and after January 1, 1983, the provisions of Article 1 (commencing with Section 4000) of Chapter 1 of Part 3 and Articles 2 and 3 (commencing with Section 35720) of Chapter 4 of Part 21 shall apply to actions to reorganize community college districts, as may be applicable, except that whenever any reference is made to the State Board of Education in those provisions the reference shall be deemed, for the purpose of community college district reorganization, to be the Board of Governors of the California Community Colleges.
(Amended by Stats. 1990, Ch. 1372, Sec. 362.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 46 - DISTRICT REORGANIZATION OR FORMATION › CHAPTER 1 - Legislative Intent and Definitions › ARTICLE 2 - Definitions › Section 74012.

74012. (a) “Component school district” means a high school or unified school district which is included within a community college district.
(b) “Nondistrict territory” means a high school or unified school district which is not included within any community college district.
(Repealed and added by Stats. 1982, Ch. 1214, Sec. 5. Effective September 22, 1982.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 46 - DISTRICT REORGANIZATION OR FORMATION › CHAPTER 1 - Legislative Intent and Definitions › ARTICLE 2 - Definitions › Section 74013.

74013. “Former district” means a district which has been wholly included in another district. The boundaries of a former district are those of the district as it existed immediately prior to being wholly included in another district.
(Repealed and added by Stats. 1982, Ch. 1214, Sec. 5. Effective September 22, 1982.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 46 - DISTRICT REORGANIZATION OR FORMATION › CHAPTER 1 - Legislative Intent and Definitions › ARTICLE 2 - Definitions › Section 74014.

74014. An “action to reorganize districts” means an action to transfer all or part of a district to another district, to annex nondistrict territory to a district, to form a new district, or to otherwise alter the boundaries of a community college district, or any combination of such actions.
(Repealed and added by Stats. 1982, Ch. 1214, Sec. 5. Effective September 22, 1982.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 46 - DISTRICT REORGANIZATION OR FORMATION › CHAPTER 1 - Legislative Intent and Definitions › ARTICLE 2 - Definitions › Section 74015.

74015. “County committee” means the county committee on school district organization, organized and acting as provided for in Article 1 (commencing with Section 4000) of Chapter 1 of Part 3, or the county board of education, organized and acting as provided for in Article 2 (commencing with Section 4020) of Chapter 1 of Part 3, and performing the duties as described in Articles 2 and 3 (commencing with Section 35720) of Chapter 4 of Part 21.
(Repealed and added by Stats. 1982, Ch. 1214, Sec. 5. Effective September 22, 1982.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 46 - DISTRICT REORGANIZATION OR FORMATION › CHAPTER 1 - Legislative Intent and Definitions › ARTICLE 2 - Definitions › Section 74016.

74016. “Affected districts” means any component school district or nondistrict territory within the territory to be transferred, annexed, or formed, or both, or any community college district subject to an action to reorganize districts.
(Added by Stats. 1986, Ch. 964, Sec. 3.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 46 - DISTRICT REORGANIZATION OR FORMATION › CHAPTER 2 - Initiation of Petition and Local Review Procedures › ARTICLE 1 - Transfer › Section 74100.

74100. An action to reorganize one or more districts by the transfer of territory to another district is initiated upon the filing of a petition with the county superintendent of schools having jurisdiction. A petition to reorganize districts by the transfer of territory to another district shall be signed by either of the following:
(a) Where the petition is to transfer territory currently located in one district, at least 25 percent of the registered voters residing in the territory proposed to be transferred shall sign the petition. Where the petition is to transfer territory currently located in two or more districts, at least 25 percent of the registered voters residing in the territory proposed to be transferred in each district shall sign the petition.
(b) A majority of the members of each of the governing boards of the districts which would be affected by the proposed reorganization.
(Repealed and added by Stats. 1982, Ch. 1214, Sec. 5. Effective September 22, 1982.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 46 - DISTRICT REORGANIZATION OR FORMATION › CHAPTER 2 - Initiation of Petition and Local Review Procedures › ARTICLE 1 - Transfer › Section 74102.

74102. In any petition to reorganize districts by transfer, there shall be designated no more than three of the petitioners as chief petitioners for the purpose of receiving notice of any public hearings to be held on the petition.
(Repealed and added by Stats. 1982, Ch. 1214, Sec. 5. Effective September 22, 1982.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 46 - DISTRICT REORGANIZATION OR FORMATION › CHAPTER 2 - Initiation of Petition and Local Review Procedures › ARTICLE 1 - Transfer › Section 74103.

74103. The persons securing the signatures to a petition of electors to reorganize districts shall attach thereto an affidavit that all persons who signed the petition did so in the presence of the affiant and that each signature is a genuine signature of the person whose name it purports to be.
(Added by Stats. 1982, Ch. 1214, Sec. 5. Effective September 22, 1982.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 46 - DISTRICT REORGANIZATION OR FORMATION › CHAPTER 2 - Initiation of Petition and Local Review Procedures › ARTICLE 1 - Transfer › Section 74104.

74104. Upon receipt of the petition, the county superintendent of schools shall transmit a copy of the petition to the board of governors. The county superintendent of schools, within 30 days after the petition for reorganization is filed, shall examine the petition and, if he or she finds it to be sufficient and signed as required by law, shall transmit the petition simultaneously to the county committee, the governing board of each affected district, and the board of governors.
Notwithstanding any provision of this article to the contrary, if the transfer involves a minor change in district boundaries, defined as a transfer of territory involving less than 5 percent of the adult population of the district from which the transfer is being made, the petition may be transmitted directly to the county board of supervisors by the county superintendent of schools, without submission to the county committee on school district organization. The procedure specified in this paragraph may not be utilized more than once every five years.
(Amended by Stats. 1990, Ch. 1372, Sec. 371.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 46 - DISTRICT REORGANIZATION OR FORMATION › CHAPTER 2 - Initiation of Petition and Local Review Procedures › ARTICLE 1 - Transfer › Section 74105.

74105. Within 90 days after receipt of the petition, the county committee shall hold one or more public hearings on the petition at a regular or special meeting in each of the districts affected by the petition. Notice of the public hearing shall be given at least 10 days in advance of the date of the hearing to the chief petitioners, to the governing board of all districts affected by the proposed transfer, the board of governors and to all other persons requesting notice of the hearing.
(Amended by Stats. 1990, Ch. 1372, Sec. 372.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 46 - DISTRICT REORGANIZATION OR FORMATION › CHAPTER 2 - Initiation of Petition and Local Review Procedures › ARTICLE 1 - Transfer › Section 74106.

74106. (a) The county committee may add to the petition any appropriate provisions which were not included in the petition as filed, and may amend any provision which was so included.
(b) At least 10 days before the public hearing on the petition, the county committee shall make available to the public, the governing boards affected by the petition, and the board of governors, a description of the petition and a report which includes a description or analysis of all the following:
(1) The rights of the employees in the affected districts to continued employment.
(2) The financial impact of the proposed change on each affected district.
(3) Whether the districts involved will be governed, in part, by provisions of a city charter and, if so, in what way.
(4) A description of the territory affected.
(5) A description of how the property, obligations, and bonded indebtedness of existing districts will be divided.
(6) Whether the reorganization will significantly affect racial or ethnic composition of districts.
(7) Determination of impact of proposed change upon boards of trustees.
(8) A draft statement of the terms of the agreement regarding all conditions of the transfer, when applicable, for consideration by governing boards of affected districts.
(9) Whether the change is compatible with the district master plan of the county.
(Amended by Stats. 1990, Ch. 1372, Sec. 373.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 46 - DISTRICT REORGANIZATION OR FORMATION › CHAPTER 2 - Initiation of Petition and Local Review Procedures › ARTICLE 1 - Transfer › Section 74107.

74107. Within 90 days after affording the public an opportunity to comment on the petition, the report, and the recommendations included in the report, the county committee shall forward a copy of the petition and the report documents to each district governing board and the board of governors for review. No transfer shall be made unless a majority of the members of the governing board of the district to which the territory is to be transferred sign a statement agreeing to all conditions of the transfer at a public meeting conducted for that purpose. Upon completion of the public meeting, the receiving governing board shall return the petition and statement of agreement, together with a notice of action, to the county committee.
(Amended by Stats. 1990, Ch. 1372, Sec. 374.)