reglab/statecodes huggingface dataset:
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 8 - CALIFORNIA STATE UNIVERSITY › PART 55 - CALIFORNIA STATE UNIVERSITY › CHAPTER 5 - Personnel › ARTICLE 2 - Appointment, Tenure, Layoff and Dismissal of Employees › Section 89535.

89535. Any permanent or probationary employee may be dismissed, demoted, or suspended for the following causes:
(a) Immoral conduct.
(b) Unprofessional conduct.
(c) Dishonesty.
(d) Incompetency.
(e) Addiction to the use of controlled substances.
(f) Failure or refusal to perform the normal and reasonable duties of the position.
(g) Conviction of a felony or conviction of any misdemeanor involving moral turpitude.
(h) Fraud in securing appointment.
(i) Drunkenness on duty.
(Amended by Stats. 1984, Ch. 1635, Sec. 39.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 8 - CALIFORNIA STATE UNIVERSITY › PART 55 - CALIFORNIA STATE UNIVERSITY › CHAPTER 5 - Personnel › ARTICLE 2 - Appointment, Tenure, Layoff and Dismissal of Employees › Section 89536.

89536. Any permanent or probationary employee who is physically or mentally unfit for the position occupied may be suspended, demoted, or dismissed pursuant to the provisions of Sections 89538, 89539, and 89540.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 8 - CALIFORNIA STATE UNIVERSITY › PART 55 - CALIFORNIA STATE UNIVERSITY › CHAPTER 5 - Personnel › ARTICLE 2 - Appointment, Tenure, Layoff and Dismissal of Employees › Section 89536.1.

89536.1. (a) If, after considering the conclusions of a medical examination or medical reports from an employee’s physician or other pertinent information, the trustees determine that the employee is unable to perform the work of his or her present position or any other position in the state university system, and the employee is eligible for, and does not waive the right to, retire for disability, the trustees shall file an application for disability retirement on the employee’s behalf. The trustees shall give the employee 15 days’ written notice of their intention to file the application and a reasonable opportunity to respond prior to the filing of the application. However, the decision to file the application is final, and is not appealable to the State Personnel Board.
(b) Notwithstanding Section 21153 of the Government Code, upon filing the application for disability retirement, the trustees may remove the employee from his or her job and place the employee on involuntary leave status. The employee may use any accrued leave during the period of the involuntary leave. If the employee’s leave credits and programs are exhausted, or if they do not provide benefits that are at least equal to the estimated retirement allowance, the trustees shall pay the employee an additional temporary disability allowance so that the employee receives payment that is equal to the estimated retirement allowance. The trustees shall continue to make all employer contributions to the employee’s health insurance plan during the period of involuntary leave.
(c) If the application for disability retirement is subsequently granted, the retirement system shall reimburse the trustees for the temporary disability allowance, which shall be deducted from any back disability retirement benefits that are otherwise payable to the employee. If the application is denied, the trustees shall reinstate the employee to his or her position, with back salary and benefits, less any temporary disability allowance paid by the trustees. The trustees shall also restore any leave credits that the employee used during the period of the involuntary leave.
(Added by Stats. 2003, Ch. 213, Sec. 1. Effective January 1, 2004.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 8 - CALIFORNIA STATE UNIVERSITY › PART 55 - CALIFORNIA STATE UNIVERSITY › CHAPTER 5 - Personnel › ARTICLE 2 - Appointment, Tenure, Layoff and Dismissal of Employees › Section 89537.

89537. “Unprofessional conduct” as used in Section 89535 includes, but is not limited to, willful advocacy of the overthrow of the government of the United States or of the state, by force, violence or other unlawful means, either on or off the campus.
If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act.
(Amended by Stats. 1995, Ch. 758, Sec. 266. Effective January 1, 1996.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 8 - CALIFORNIA STATE UNIVERSITY › PART 55 - CALIFORNIA STATE UNIVERSITY › CHAPTER 5 - Personnel › ARTICLE 2 - Appointment, Tenure, Layoff and Dismissal of Employees › Section 89538.

89538. (a) Notice of dismissal, demotion, or suspension for cause of an employee shall be in writing, signed by the chancellor or his or her designee and be served on the employee. The notice shall set forth a statement of causes, the events or transactions upon which the causes are based, the nature of the penalty and the effective date, and a statement of the employee’s right to answer within 30 days and request a hearing before the State Personnel Board.
(b) Notice of the reassignment of an administrative employee pursuant to Section 66609 shall be in writing, and shall be served on the employee. The notice shall set forth a statement of the employee’s right to answer within 30 days and request a hearing before the trustees. This hearing shall be only on the question of whether the position to which the employee is reassigned is commensurate with his or her qualifications.
(Amended by Stats. 1999, Ch. 283, Sec. 1. Effective January 1, 2000.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 8 - CALIFORNIA STATE UNIVERSITY › PART 55 - CALIFORNIA STATE UNIVERSITY › CHAPTER 5 - Personnel › ARTICLE 2 - Appointment, Tenure, Layoff and Dismissal of Employees › Section 89539.

89539. (a) (1) Any employee dismissed, suspended, or demoted for cause may request a hearing by the State Personnel Board by filing a request, in writing, with the board within 30 days of being served with the notice.
(2) The request may be on any one or more of the following grounds:
(A) The required procedure was not followed.
(B) There is no ground for dismissal, suspension, or demotion.
(C) The penalty is excessive, unreasonable, or discriminatory.
(D) The employee did not do the acts or omissions alleged as the events or transactions upon which the causes are based.
(E) The acts or omissions alleged as the events or transactions upon which the causes are based were justified.
(b) The State Personnel Board shall hold a hearing, following the same procedure as in state civil service proceedings, and shall render a decision affirming, modifying, or revoking the action taken. In a hearing, the burden of proof shall be on the party taking the dismissal action.
(c) An administrative employee reassigned pursuant to Section 66609 may request a hearing by the trustees by filing a request for a hearing, in writing, with the trustees within 30 days of being served with the notice. The request may be on the grounds that the required procedure was not followed or that the position to which the employee is reassigned is not commensurate with his or her qualifications. The trustees shall hold a hearing, and shall render a decision affirming, modifying, or revoking the action taken.
(d) The State Personnel Board may bill the California State University for the costs incurred in conducting hearings involving employees of the California State University pursuant to Sections 89535 to 89542, inclusive.
(Amended by Stats. 1999, Ch. 283, Sec. 2. Effective January 1, 2000.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 8 - CALIFORNIA STATE UNIVERSITY › PART 55 - CALIFORNIA STATE UNIVERSITY › CHAPTER 5 - Personnel › ARTICLE 2 - Appointment, Tenure, Layoff and Dismissal of Employees › Section 89539.1.

89539.1. An employee who has been served with notice of dismissal, suspension, or demotion for cause, or a representative designated by the employee, shall have the right to inspect any documents in the possession of, or under the control of, the trustees that are relevant to the action taken or that would constitute “relevant evidence,” as defined in Section 210 of the Evidence Code.
(Added by Stats. 2003, Ch. 846, Sec. 1. Effective January 1, 2004.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 8 - CALIFORNIA STATE UNIVERSITY › PART 55 - CALIFORNIA STATE UNIVERSITY › CHAPTER 5 - Personnel › ARTICLE 2 - Appointment, Tenure, Layoff and Dismissal of Employees › Section 89540.

89540. If the dismissal, suspension, or demotion or the reassignment is revoked or modified by the State Personnel Board or the trustees, the employee shall be restored to his position in accord with the decision, and shall be paid back salary equal to that which the employee would have earned if continuously employed in accord with the decision.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 8 - CALIFORNIA STATE UNIVERSITY › PART 55 - CALIFORNIA STATE UNIVERSITY › CHAPTER 5 - Personnel › ARTICLE 2 - Appointment, Tenure, Layoff and Dismissal of Employees › Section 89541.

89541. (a) Absence without leave of an employee, whether voluntary or involuntary, for five consecutive working days is an automatic resignation from state service, as of the last date on which the employee worked.
An employee may within 90 days of the effective date of such separation file a written request with the State Personnel Board for reinstatement. If the appointing authority has notified the employee of his automatic resignation, any request for reinstatement must be in writing and filed within 15 days of the service of notice of separation. Notice may be personally served or it may be served by mail to the last known residence or business address of the addressee and is complete on mailing. Proof of service, either personal or by mail, shall be made by affidavit. Reinstatement may be granted only if the employee makes a satisfactory explanation to the board as to the cause of his absence and his failure to obtain leave therefor, and the board finds that he is ready, able, and willing to resume the discharge of the duties of his position or, if not, that he has obtained the consent of his appointing power to a leave of absence to commence upon reinstatement.
Any employee so reinstated shall not be paid salary for the period of his absence or separation or for any portion thereof.
(b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act.
(Amended by Stats. 1979, Ch. 1072.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 8 - CALIFORNIA STATE UNIVERSITY › PART 55 - CALIFORNIA STATE UNIVERSITY › CHAPTER 5 - Personnel › ARTICLE 2 - Appointment, Tenure, Layoff and Dismissal of Employees › Section 89542.

89542. (a) If a petition to set aside the resignation of any employee is filed with the State Personnel Board within 30 days after the last date upon which services to the state university or college are rendered, or the date the resignation is tendered, whichever is later, the resignation may be set aside on the ground that it was given or obtained pursuant to or by reason of mistake, fraud, duress, undue influence, or that for any other reason it was not the free, voluntary, and binding act of the person resigning. The State Personnel Board shall hold a hearing and render a decision on the petition following the same procedure as in the state civil service procedures governing resignations from the state civil service.
(b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if such provisons of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act.
(Amended by Stats. 1979, Ch. 1072.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 8 - CALIFORNIA STATE UNIVERSITY › PART 55 - CALIFORNIA STATE UNIVERSITY › CHAPTER 5 - Personnel › ARTICLE 2 - Appointment, Tenure, Layoff and Dismissal of Employees › Section 89543.

89543. (a) The trustees shall adopt regulations for determination of the order in which nonacademic employees shall be laid off for lack of funds or because of lack of work. To the extent the trustees shall deem practical such regulations shall provide for layoff in the inverse order of employment.
The trustees shall adopt rules governing the reemployment of nonacademic employees laid off, pursuant to this section. To the extent the trustees deem practical, such regulations shall include provision that for a period of five years following layoff, an employee shall have a preferential right to reemployment in the same or a comparable position, in the event of a vacancy. This preferential right shall give the employee laid off the right to reemployment in a position comparable to that from which he was laid off over any person not employed at the time the particular employee was laid off.
(b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the legislature in the annual Budget Act.
(Amended by Stats. 1979, Ch. 1072.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 8 - CALIFORNIA STATE UNIVERSITY › PART 55 - CALIFORNIA STATE UNIVERSITY › CHAPTER 5 - Personnel › ARTICLE 2 - Appointment, Tenure, Layoff and Dismissal of Employees › Section 89544.

89544. (a) A permanent nonacademic employee may, with his consent and the approval of the trustees, be employed at less than full time and retain permanent status. Seniority credit and any other credit shall be gained only in the proportion the actual time employed is to full-time employment in the position.
(b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act.
(Amended by Stats. 1979, Ch. 1072.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 8 - CALIFORNIA STATE UNIVERSITY › PART 55 - CALIFORNIA STATE UNIVERSITY › CHAPTER 5 - Personnel › ARTICLE 2 - Appointment, Tenure, Layoff and Dismissal of Employees › Section 89545.

89545. (a) Whenever a new campus of the California State University is established and an employee is transferred from an existing campus of the California State University to the newly established campus before or during the first academic year of the newly established campus, each employee so transferred shall be entitled to retain all sickness and injury, all sabbatical and other leave rights, and all seniority and tenure rights accumulated as an employee of the existing campus of the California State University as though the rights had been accumulated as an employee of the newly established campus of the California State University.
Whenever the educational program of a newly established campus of the California State University is, during the first year of its existence, limited to an off-campus educational program rather than a regular educational program, any employee transferring from an existing campus of the California State University to the newly established campus of the California State University before or during the first three academic years of the newly established campus shall be entitled to retain all sickness and injury, all sabbatical and other leave rights, and all seniority and tenure rights accumulated as an employee of the existing campus as though the rights had been accumulated as an employee of the newly established campus.
(b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act.
(Amended by Stats. 1983, Ch. 143, Sec. 131.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 8 - CALIFORNIA STATE UNIVERSITY › PART 55 - CALIFORNIA STATE UNIVERSITY › CHAPTER 5 - Personnel › ARTICLE 2.5 - Separation of Employees From Service for Lack of Funds or Lack of Work › Section 89550.

89550. (a) It shall be the policy of the California State University to provide stability of employment by foreseeing and avoiding unnecessary reductions in staff. However, when this is not possible due to lack of funds or lack of work, the staff shall be reduced in accordance with this article. The classes or teaching service areas to be reduced and the employees therein to be laid off shall be determined, in accordance with the provisions of this article, by the president of the campus after consultation with the employees and others in the same classes, specializations within classes, or teaching service areas and other persons as appropriate, including faculty and administrators. The chancellor shall make all determinations for the office of the chancellor.
(b) The office of the Chancellor of the California State University shall make a survey of all campuses in order to ascertain the availability of suitable positions where staff to be laid off may seek relocation. To the extent staff resources permit, similar efforts shall be made with respect to colleges and universities outside the California State University.
(c) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act.
(Amended by Stats. 1983, Ch. 143, Sec. 132.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 8 - CALIFORNIA STATE UNIVERSITY › PART 55 - CALIFORNIA STATE UNIVERSITY › CHAPTER 5 - Personnel › ARTICLE 2.5 - Separation of Employees From Service for Lack of Funds or Lack of Work › Section 89551.

89551. (a) Layoff of administrative and nonacademic employees shall be by class within a particular campus, or within the office of the chancellor.
(b) Layoff of academic employees shall be by teaching service area within a campus.
(c) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act.
(Amended by Stats. 1979, Ch. 1072.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 8 - CALIFORNIA STATE UNIVERSITY › PART 55 - CALIFORNIA STATE UNIVERSITY › CHAPTER 5 - Personnel › ARTICLE 2.5 - Separation of Employees From Service for Lack of Funds or Lack of Work › Section 89552.

89552. (a) Whenever a determination has been made that there is a lack of funds or lack of work, employees in a class or teaching service area to be reduced shall be laid off in the following order:
(1) The Chancellor of the California State University or a president of a state university may, at his or her discretion, without regard to the class or teaching service area to be reduced, separate from service any student assistant, instructor for extension service, person employed on a temporary basis, or, with respect to employment in a summer session, any member of the faculty of a campus summer session. Persons described in this paragraph, if performing the same or comparable work as that performed by a probationary or permanent employee, shall be separated before any probationary or permanent employee desiring to continue in employment is laid off pursuant to the provisions of this article.
(2) Probationary employees not employed on a temporary basis, without regard to length of service.
(3) Permanent employees:
(A) If the area of layoff is in administrative or nonacademic classes, permanent administrative and nonacademic employees in the inverse order of their length of employment both in the class and in class of equal or higher rank.
(B) If the area of layoff is in class or rank positions, permanent academic employees in the inverse order of their length of employment at the campuses.
(C) If the area of layoff is in the closely related academic area, permanent employees in the inverse order of their length of employment in the class or in classes of equal or higher level at the campuses.
(b) If the layoff is in a class, part-time employees shall be credited with the service at the campus in the proportion that the actual time employed bears to full-time employment. If the layoff is in a teaching service area, part-time permanent employees shall be credited with service as permanent employees of the campus in the proportion that the actual time served as permanent employees bears to full-time employment.
(c) In case two or more employees in the class or teaching service area are tied for a place in the order of layoff, the president or the chancellor, as appropriate to the place of employment, shall determine which of the employees shall be laid off.
(d) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act.
(Amended by Stats. 1983, Ch. 143, Sec. 133.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 8 - CALIFORNIA STATE UNIVERSITY › PART 55 - CALIFORNIA STATE UNIVERSITY › CHAPTER 5 - Personnel › ARTICLE 2.5 - Separation of Employees From Service for Lack of Funds or Lack of Work › Section 89553.

89553. (a) After a determination has been made of the class or teaching service area to be reduced and the number of employees in such class or area to be laid off, the president or chancellor shall notify each employee to be laid off, that the employee is being laid off for lack of funds or lack of work. Such notice shall be in writing and mailed by certified mail, return receipt requested, to the employee’s last known address, or the notice may be delivered to the employee in person who shall acknowledge receipt of the notice in writing. The notice shall specify the effective date of layoff and shall be delivered to the employee or mailed to the employee’s last known resident address at least 30 days, whenever possible, prior to the effective date of the layoff. When curricular shifts or other program changes, which can be anticipated, are to be made those who will be laid off will normally be notified at least one year in advance.
(b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act.
(Amended by Stats. 1979, Ch. 1072.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 8 - CALIFORNIA STATE UNIVERSITY › PART 55 - CALIFORNIA STATE UNIVERSITY › CHAPTER 5 - Personnel › ARTICLE 2.5 - Separation of Employees From Service for Lack of Funds or Lack of Work › Section 89554.

89554. (a) An employee to be laid off may elect to accept such layoff prior to the date named in the notice of layoff. If an employee elects to accept early layoff, he should give as much notice as possible.
(b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act.
(Amended by Stats. 1979, Ch. 1072.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 8 - CALIFORNIA STATE UNIVERSITY › PART 55 - CALIFORNIA STATE UNIVERSITY › CHAPTER 5 - Personnel › ARTICLE 2.5 - Separation of Employees From Service for Lack of Funds or Lack of Work › Section 89555.

89555. (a) In lieu of being laid off, an administrative or nonacademic employee may elect demotion or transfer to any class in which he has served as a permanent employee or to any vacancy for which he is qualified.
(b) In lieu of being laid off, an academic teaching employee actively employed at a campus during the academic year 1975–76 or prior thereto at such campus may elect transfer to that other teaching service area in which he or she has served longest during the preceding four years at the particular campus if both of the following conditions exist:
(1) If the employee, during the four-year period immediately preceding the date of the mailing of the layoff notice, taught at least 24 semester units or 36 quarter units in any one teaching service area other than the teaching service area in which he or she is teaching on the date of the mailing of the layoff notice provided that only such units as have accrued during the academic year 1975–76 and prior thereto may be utilized for purposes of transfer under this section.
(2) If the employee has not previously during that year elected transfer in lieu of layoff.
(c) In the event an employee elects demotion or transfer, his place for layoff purposes in the class or teaching service area to which he elects demotion or transfer shall be determined in accordance with this article.
(d) An employee electing demotion or transfer shall notify the president or chancellor in writing of his election within five calendar days after receipt of the notice of layoff.
(e) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act.
(Amended by Stats. 1979, Ch. 1072.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 8 - CALIFORNIA STATE UNIVERSITY › PART 55 - CALIFORNIA STATE UNIVERSITY › CHAPTER 5 - Personnel › ARTICLE 2.5 - Separation of Employees From Service for Lack of Funds or Lack of Work › Section 89556.

89556. (a) The president at each campus, and the chancellor at the office of the chancellor, shall establish and maintain reemployment lists of all permanent employees laid off for lack of funds or lack of work during the preceding five-year period. Laid-off permanent employees shall be listed by class or teaching service area corresponding to the class or teaching service area from which they were laid off.
(b) In the event there is a vacancy at a campus or at the office of the chancellor, for which there exists no reemployment list, the position may be offered to the persons in the appropriate class or teaching service area who are on mandatory reemployment lists at another campus or the office of the chancellor.
(c) A person shall deliver or cause to be delivered his acceptance of an offer with the following times:
(1) When the person resides in the city from which the offer is mailed, five days after the date the offer is received.
(2) When the person resides outside such city, seven days after the offer is received.
(3) When the offer is made by telephone or telegram, 48 hours after the offer is received. While a prudent effort shall be made to contact the person eligible for reemployment, it is his responsibility to keep the office maintaining the reemployment list informed of where he may be reached readily.
(d) Any person on a reemployment list who cannot be reached within five days, or who fails to reply to an offer of reemployment as required by this section, shall be deemed to have declined the offer. Such failure by any person may be excused by the president or chancellor at his discretion. If the failure is excused, the person may be reemployed or his name may be continued on the reemployment list if the vacancy has already been filled.
(e) Any person on a reemployment list may request inactive status for a prescribed period of not to exceed one year.
(f) Any person on the reemployment list who declines two offers of reemployment shall be removed from the list. Any person removed from a reemployment list may be restored to his relative position on the list at the discretion of the president or chancellor upon a showing of good cause.
(g) Any employee reemployed pursuant to this article shall be reemployed in a class at a level at least equal to that from which he was laid off.
(h) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act.
(Amended by Stats. 1979, Ch. 1072.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 8 - CALIFORNIA STATE UNIVERSITY › PART 55 - CALIFORNIA STATE UNIVERSITY › CHAPTER 5 - Personnel › ARTICLE 2.5 - Separation of Employees From Service for Lack of Funds or Lack of Work › Section 89557.

89557. The trustees shall adopt appropriate rules and guidelines relating to the implementation of the Reduced Worktime Act in Article 1.6 (commencing with Section 19996.20) of Chapter 7 of Part 2.6 of Division 5 of Title 2 of the Government Code, for employees of the California State University.
(Added by Stats. 1983, Ch. 1040, Sec. 11.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 8 - CALIFORNIA STATE UNIVERSITY › PART 55 - CALIFORNIA STATE UNIVERSITY › CHAPTER 5 - Personnel › ARTICLE 3 - California State University Police › Section 89560.

89560. The trustees may appoint one or more persons to constitute a police department for the headquarters and for each campus of the California State University. Persons employed and compensated as members of a California State University police department, when so appointed and duly sworn, are peace officers. However, such peace officers shall not exercise their powers or authority except (a) at the headquarters or upon any campus of the California State University and in an area within one mile of the exterior boundaries of each campus or the headquarters, and in or about other grounds or properties owned, operated, controlled, or administered by the California State University, or by trustees or the state on behalf of the California State University, and (b) as provided in Section 830.2 of the Penal Code.
(Amended by Stats. 1983, Ch. 143, Sec. 135.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 8 - CALIFORNIA STATE UNIVERSITY › PART 55 - CALIFORNIA STATE UNIVERSITY › CHAPTER 5 - Personnel › ARTICLE 3 - California State University Police › Section 89561.

89561. Every member of a California State University police department shall be supplied with, and authorized to wear, a badge bearing the words “California State University Police.”
(Amended by Stats. 1983, Ch. 143, Sec. 136.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 8 - CALIFORNIA STATE UNIVERSITY › PART 55 - CALIFORNIA STATE UNIVERSITY › CHAPTER 5 - Personnel › ARTICLE 3 - California State University Police › Section 89562.

89562. (a) On or before July 1, 2023, the Chancellor of the California State University shall convene a stakeholder workgroup that includes, but is not limited to, a representative from all of the following stakeholders:
(1) Faculty.
(2) Staff.
(3) Students.
(4) Campus health and safety personnel.
(5) Bargaining unit representatives.
(b) The stakeholder workgroup shall submit a report to the Legislature and the Chancellor of the California State University nine months after the first meeting of the stakeholder workgroup that includes recommendations to alleviate concerns of current emergency response programs on the campuses of the California State University.
(c) In preparing the report pursuant to subdivision (b), the stakeholder workgroup shall, at a minimum, evaluate and report on both of the following:
(1) Alternatives to current procedures and processes for responding to nonviolent and noncriminal situations on the campuses of the California State University.
(2) Alternative dispute resolution options to resolve employee conflicts.
(d) (1) A report to be submitted pursuant to subdivision (b) shall be submitted in compliance with Section 9795 of the Government Code.
(2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on July 1, 2027.
(Added by Stats. 2022, Ch. 931, Sec. 2. (AB 1997) Effective January 1, 2023. Repealed as of July 1, 2027, by its own provisions.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 8 - CALIFORNIA STATE UNIVERSITY › PART 55 - CALIFORNIA STATE UNIVERSITY › CHAPTER 5 - Personnel › ARTICLE 4 - Investigation of Reported Improper Governmental Activities › Section 89570.

89570. This article shall be known and may be referred to as the California State University Investigation of Reported Improper Governmental Activities Act.
(Added by Stats. 2005, Ch. 310, Sec. 1. Effective January 1, 2006.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 8 - CALIFORNIA STATE UNIVERSITY › PART 55 - CALIFORNIA STATE UNIVERSITY › CHAPTER 5 - Personnel › ARTICLE 4 - Investigation of Reported Improper Governmental Activities › Section 89571.

89571. It is the intent of the Legislature that employees of, and applicants for employment at, the California State University should be free to report improper governmental activities and significant threats to health or safety and that their identities and the privacy rights of those affected by investigations of the protected disclosures be properly safeguarded.
(Added by Stats. 2005, Ch. 310, Sec. 1. Effective January 1, 2006.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 8 - CALIFORNIA STATE UNIVERSITY › PART 55 - CALIFORNIA STATE UNIVERSITY › CHAPTER 5 - Personnel › ARTICLE 4 - Investigation of Reported Improper Governmental Activities › Section 89572.

89572. For the purposes of this article:
(a) “Applicant for employment” means an individual who has completed and submitted an application form for a specific, available position at a campus of the California State University or at the Office of the Chancellor of the California State University.
(b) “Complainant” means an employee or applicant for employment who files a report and makes a protected disclosure in accordance with established procedures of the California State University.
(c) “Employee” means any person employed by the California State University.
(d) “Improper governmental activity” has the same meaning as set forth in subdivision (b) of Section 8547.2 of the Government Code.
(e) “Protected disclosure” means any good faith communication, as defined by subdivision (d) of Section 8547.2 of the Government Code, that is made in accordance with established procedures of the California State University.
(Added by Stats. 2005, Ch. 310, Sec. 1. Effective January 1, 2006.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 8 - CALIFORNIA STATE UNIVERSITY › PART 55 - CALIFORNIA STATE UNIVERSITY › CHAPTER 5 - Personnel › ARTICLE 4 - Investigation of Reported Improper Governmental Activities › Section 89573.

89573. (a) Upon receiving a protected disclosure in writing, the administrator designated in accordance with established procedures of the California State University shall acknowledge receipt of the written disclosure to the complainant. The administrator may conduct or cause to be conducted an investigative audit of the matter, and determine what action, if any, is necessary.
(b) The administrator shall issue a formal response to the complainant that contains a summary of the allegations, a summary of the investigation, whether the allegations were substantiated, and what actions, if any, were taken in response to the complaint. This response shall be issued in a timely fashion and in a manner that is consistent with the privacy interests of each person who is involved in the situation addressed by the response. This response shall be subject to disclosure in accordance with Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code.
(c) The identity of the person providing the protected disclosure shall not be disclosed without the written permission of that person unless the disclosure is to a law enforcement agency that is conducting a criminal investigation or to the State Auditor.
(Amended by Stats. 2021, Ch. 615, Sec. 82. (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 8 - CALIFORNIA STATE UNIVERSITY › PART 55 - CALIFORNIA STATE UNIVERSITY › CHAPTER 5 - Personnel › ARTICLE 4 - Investigation of Reported Improper Governmental Activities › Section 89574.

89574. (a) Notwithstanding Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code, every investigative audit undertaken under this article shall be kept confidential, except that the California State University may issue any report of an investigation that has substantiated an allegation made by the complainant, keeping confidential the identity of the individual or individuals involved, or release any findings resulting from an investigation conducted pursuant to Section 89045 that the trustees deem necessary to serve the interests of the state.
(b) This article shall not be construed to limit any authority conferred by law upon the Attorney General or any other department or agency of government to investigate any matter.
(Amended by Stats. 2021, Ch. 615, Sec. 83. (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 8 - CALIFORNIA STATE UNIVERSITY › PART 55 - CALIFORNIA STATE UNIVERSITY › CHAPTER 5.5 - Optional Retirement Program › ARTICLE 1 - General Provisions › Section 89600.

89600. This chapter shall be known and may be cited as the Optional Retirement Program.
(Added by Stats. 1990, Ch. 1178, Sec. 1.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 8 - CALIFORNIA STATE UNIVERSITY › PART 55 - CALIFORNIA STATE UNIVERSITY › CHAPTER 5.5 - Optional Retirement Program › ARTICLE 1 - General Provisions › Section 89601.

89601. In order to encourage qualified teachers to enter and remain in service with the California State University, an optional retirement program is authorized by this chapter. The optional retirement program may be established on or after July 1, 1991, by a provision adopting this chapter in a memorandum of understanding which is entered into by the trustees pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code. However, no other provision of this chapter is subject to the control of any memorandum of understanding. The optional retirement program shall become operative on the July 1 which immediately follows the receipt by the Public Employees’ Retirement System of a notice of the adoption of this chapter and a copy of the memorandum of understanding.
(Amended by Stats. 1996, Ch. 385, Sec. 3. Effective January 1, 1997.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 8 - CALIFORNIA STATE UNIVERSITY › PART 55 - CALIFORNIA STATE UNIVERSITY › CHAPTER 5.5 - Optional Retirement Program › ARTICLE 1 - General Provisions › Section 89602.

89602. Under this optional retirement program, the trustees shall offer eligible employees contracts, certificates, or investment funds providing retirement and death benefits, funded through annuities or investment fund options. The state and eligible employees electing this optional retirement program shall contribute to the optional retirement program to the extent authorized or required by this chapter. Benefits under the contracts, certificates, or investment funds are owned by the participants.
(Amended by Stats. 1996, Ch. 385, Sec. 4. Effective January 1, 1997.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 8 - CALIFORNIA STATE UNIVERSITY › PART 55 - CALIFORNIA STATE UNIVERSITY › CHAPTER 5.5 - Optional Retirement Program › ARTICLE 2 - Definitions › Section 89610.

89610. Unless the context otherwise requires, the definitions set forth in this article govern construction of this chapter.
(Added by Stats. 1990, Ch. 1178, Sec. 1.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 8 - CALIFORNIA STATE UNIVERSITY › PART 55 - CALIFORNIA STATE UNIVERSITY › CHAPTER 5.5 - Optional Retirement Program › ARTICLE 2 - Definitions › Section 89611.

89611. “Benefit” means any monthly or lump-sum payment due a retirant, or other beneficiary, and includes lump-sum payments due on account of death.
(Amended by Stats. 1996, Ch. 385, Sec. 5. Effective January 1, 1997.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 8 - CALIFORNIA STATE UNIVERSITY › PART 55 - CALIFORNIA STATE UNIVERSITY › CHAPTER 5.5 - Optional Retirement Program › ARTICLE 2 - Definitions › Section 89612.

89612. “Compensation” and “salary” have the same meaning as set forth in subdivisions (a) and (b) of Section 20022 of the Government Code.
(Added by Stats. 1990, Ch. 1178, Sec. 1.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 8 - CALIFORNIA STATE UNIVERSITY › PART 55 - CALIFORNIA STATE UNIVERSITY › CHAPTER 5.5 - Optional Retirement Program › ARTICLE 2 - Definitions › Section 89613.

89613. “Eligible employee” means all faculty and executive, managerial, and supervisory employees of the California State University system whose employment would qualify them for membership in the Public Employees’ Retirement System, and who are initially appointed on or after the operative date of the optional retirement program.
(Added by Stats. 1990, Ch. 1178, Sec. 1.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 8 - CALIFORNIA STATE UNIVERSITY › PART 55 - CALIFORNIA STATE UNIVERSITY › CHAPTER 5.5 - Optional Retirement Program › ARTICLE 2 - Definitions › Section 89614.

89614. “Participant” means any person electing the optional retirement program.
(Added by Stats. 1990, Ch. 1178, Sec. 1.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 8 - CALIFORNIA STATE UNIVERSITY › PART 55 - CALIFORNIA STATE UNIVERSITY › CHAPTER 5.5 - Optional Retirement Program › ARTICLE 3 - Administration and Participation › Section 89620.

89620. (a) Only eligible employees of the California State University may elect to participate in the optional retirement program.
(b) Elections to participate in the optional retirement program shall be made as follows:
(1) Eligible employees shall irrevocably elect either to join the Public Employees’ Retirement System in accordance with the provisions of law applicable thereto or to participate in the optional retirement program established pursuant to this chapter. This election is irrevocable and shall be made within 60 days of the date of employment. This election shall be in writing and filed with the California State University and the Public Employees’ Retirement System. Notwithstanding Section 20303 of the Government Code, eligible employees shall not be subject to membership in the Public Employees’ Retirement System until either they exercise the election to not participate in the optional retirement program or the 60-day period expires, whichever occurs first, whereupon the member contributions required by Sections 20600 and 20603 of the Government Code shall commence.
(2) An election of the optional retirement program by an eligible employee shall be irrevocable and shall be accompanied by an appropriate enrollment form, where required, for the issuance of contracts or certificates under the program.
(Added by Stats. 1990, Ch. 1178, Sec. 1.)