California Code of Regulations › Title 5 - Education › Division 6 - California Community Colleges › Chapter 2 - Community College Standards › Subchapter 1 - Minimum Conditions › Section 51023.5 - Staff

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The governing
				  board of a community college district shall adopt policies and procedures that
				  provide district and college staff the opportunity to participate effectively
				  in district and college governance. At minimum, these policies and procedures
				  shall include the following:
(1) Definitions
				  or categories of positions or groups of positions other than faculty that
				  compose the staff of the district and its college(s) that, for the purposes of
				  this section, the governing board is required by law to recognize or chooses to
				  recognize pursuant to legal authority. In addition, for the purposes of this
				  section, management and nonmangement positions or groups of positions shall be
				  separately defined or categorized.
(2) Participation structures and procedures
				  for the staff positions defined or categorized.
(3) In performing the requirements of
				  subsections (a)(1) and (2), the governing board or its designees shall consult
				  with the representatives of existing staff councils, committees, employee
				  organizations, and other such bodies. Where no groups or structures for
				  participation exist that provide representation for the purposes of this
				  section for particular groups of staff, the governing board or its designees,
				  shall broadly inform all staff of the policies and procedures being developed,
				  invite the participation of staff, and provide opportunities for staff to
				  express their views.
(4) Staff
				  shall be provided with opportunities to participate in the formulation and
				  development of district and college policies and procedures, and in those
				  processes for jointly developing recommendations for action by the governing
				  board, that the governing board reasonably determines, in consultation with
				  staff, have or will have a significant effect on staff.
(5) Except in unforeseeable, emergency
				  situations, the governing board shall not take action on matters significantly
				  affecting staff until it has provided staff an opportunity to participate in
				  the formulation and development of those matters through appropriate structures
				  and procedures as determined by the governing board in accordance with the
				  provisions of this Section.
(6) The
				  policies and procedures of the governing board shall ensure that the
				  recommendations and opinions of staff are given every reasonable
				  consideration.
(7) When a college
				  or district task force, committee, or other governance group, is used to
				  consult with staff regarding implementation of this section or to deal with
				  other issues which have been determined to significantly affect staff pursuant
				  to subdivision (a)(4), the appointment of staff representatives shall be made
				  as follows:
(A) The exclusive representative
				  shall appoint representatives for the respective bargaining unit employees,
				  unless the exclusive representative and the governing board mutually agree in a
				  memorandum of understanding to an alternative appointment process.
(B) Where a group of employees is not
				  represented by an exclusive agent, the appointment of a representative of such
				  employees on any task force, committee or governance group shall be made by, or
				  in consultation with, any other councils, committees, employee organizations,
				  or other staff groups that the governing board has officially recognized in its
				  policies and procedures for staff participation.
(C) When the task force, committee or
				  governance group will deal with issues outside the scope of collective
				  bargaining, any other council, committee or staff group, other than an
				  exclusive agent, that the governing board has officially recognized in its
				  policies and procedures for staff participation may be allowed to designate an
				  additional representative. These organizations shall not receive release time,
				  rights, or representation on such task forces, committees, or other governance
				  groups exceeding that offered to the exclusive representative of classified
				  employees.
(D) In all cases,
				  representatives shall be selected from the category that they
				  represent.