Chapter 1. California Cadet Corps of California Military And Veterans Code >> Division 2. >> Part 2. >> Chapter 1.
The students of any college, community college, or school in
this state may be organized into a California Cadet Corps company or
companies under such rules and regulations as the governing body of
the schools or colleges and the Adjutant General of the State of
California may prescribe. A California Cadet Corps company or
companies shall be of such strength as may be prescribed by the
Adjutant General.
Except as hereinafter provided, each college, community
college, or school in this state in which there is not maintained a
J.R.O.T.C. or R.O.T.C. unit may establish a California Cadet Corps
company or companies under the rules and regulations as the governing
body of the schools and the Adjutant General may prescribe. A
California Cadet Corps company or companies shall be of such strength
as shall be prescribed by the Adjutant General. A California Cadet
Corps company or companies is not required to be established in a
school, college, or community college unless a number of qualified
students sufficient to constitute a company or companies of the
strength prescribed by the Adjutant General voluntarily enroll
therein.
California Cadet Corps companies shall at all times be under
the guidance and control of the principal, president, director, or
chief administrative officer of the college, community college, or
school, whose duty it shall be to make regulations with the approval
of the Adjutant General regarding the moral, educational, and
physical welfare of the cadets.
Upon recommendation of the governing board having jurisdiction
over the college, community college, or school, the Adjutant General
may appoint officers, warrant officers, and noncommissioned officers
in the California Cadet Corps for duty as commandants of cadets or
assistant commandants of cadets in each college, community college,
or school under the jurisdiction of the governing board. Except when
ordered to state active duty by the Governor, the officers, warrant
officers, and noncommissioned officers shall be under the immediate
control and jurisdiction of the governing board of the college,
community college, or school at which they are on duty, and pay,
allowances, and expenses shall be disbursed from funds appropriated
for the maintenance and operations of the college, community college,
or school where they serve. Each officer, warrant officer, and
noncommissioned officer shall hold his or her appointment at the
pleasure of the governing board, or until a successor has been
appointed and qualified, or his or her affiliation with the
California Cadet Corps is severed.
The Adjutant General shall determine by the adoption of
rules and regulations the grade and rank to be held by individuals
appointed in the California Cadet Corps by reason of their military
experience or professional knowledge, or both. These individuals
shall be appointed pursuant to the rules and regulations adopted by
the Adjutant General.
A person who has previously been an officer, warrant officer, or
noncommissioned officer of, and discharged under honorable conditions
from, the United States Army, the United States Navy, the United
States Air Force, the United States Marine Corps, the United States
Coast Guard, or any reserve component of such federal forces, the
California National Guard, the State Military Reserve, or the active
militia may be appointed in the California Cadet Corps in the same
rank last held in such federal or state military forces. Each
officer, warrant officer, or noncommissioned officer shall hold
office pursuant to the rules and regulations adopted by the Adjutant
General. Upon recommendation of the Adjutant General, the Governor
may commission one executive officer of the California Cadet Corps as
colonel, one assistant executive officer of the California Cadet
Corps as lieutenant colonel, and the necessary number of regional
advisors in the same grade and rank last held in federal or state
military forces, not to exceed lieutenant colonel, pursuant to rules
and regulations adopted by the Adjutant General. Upon the
recommendation of the Adjutant General, the Governor may appoint
Special Project Officers, warrant officers, and noncommissioned
officers to the same grade and rank last held in federal or state
military forces for service in the California Cadet Corps by virtue
of their professional knowledge and experience. Pay and expenses
shall be taken from the funds appropriated for the maintenance and
support of the California Cadet Corps.
The executive officer as a colonel in the California
National Guard, State Military Reserve, or California Cadet Corps;
the assistant executive officer as a lieutenant colonel in the
California National Guard, State Military Reserve, or California
Cadet Corps; the regional advisors appointed pursuant to Section
502.1; and the individuals appointed in the California Cadet Corps
according to rules and regulations adopted by the Adjutant General
shall wear uniforms prescribed by the Adjutant General, including cap
and collar ornaments and other distinctive marks of identification
of the California Cadet Corps. Uniforms shall not be inconsistent
with rules and regulations of the United States Army.
The Adjutant General may adopt rules and regulations
providing for the promotion of officers, warrant officers, and
noncommissioned officers of the California Cadet Corps.
The Adjutant General may order officers, warrant officers,
and noncommissioned officers in the California Cadet Corps to duty at
encampments, exercises, or other activities conducted by the corps.
While on duty, officers, warrant officers, and noncommissioned
officers shall receive the same base pay, without longevity, as
members of similar grade in the United States Army together with
their expenses. Pay and expenses for these purposes shall be paid
from funds appropriated for the maintenance and support of the
California Cadet Corps.
Cadet companies shall be organized and each shall consist of
commissioned cadet officers, cadet warrant officers, and
noncommissioned cadet officers as shall be prescribed by the Adjutant
General, and as shall conform generally to the number of
commissioned, warrant, and noncommissioned officers of companies of
the California National Guard. Commissioned cadet officers shall be
commissioned in accordance with rules and regulations adopted by the
Adjutant General and upon recommendation of the commandant of cadets
and with the approval of the president, director, chief
administrative officer, or principal of the college, community
college, or school. The warrant and noncommissioned cadet officers
shall be appointed by the commandant of cadets with the approval of
the president, director, chief administrative officer, or principal
of the college, community college, or school.
The Adjutant General shall adopt rules and regulations for the
formation of cadet brigades, regiments, and battalions and shall
adopt tables of organization and provide for the appointment of cadet
brigade, regimental, and battalion officers and staffs. All cadet
battalion officers, regimental, and noncommissioned officers shall be
appointed, commissioned, or warranted in accordance with rules and
regulations adopted by the Adjutant General and upon the
recommendation of the commandant of cadets with the approval of the
president, director, chief administrative officer, or principal of
the college, community college, or school.
The Adjutant General may order officers, warrant officers, and
noncommissioned officers of the California Cadet Corps to temporary
state active duty to perform functions in support of the California
Cadet Corps. Pay for such duties shall be disbursed from funds
appropriated for the support and maintenance of the California Cadet
Corps.
All cadet officers, cadet warrant officers, and cadet
noncommissioned officers shall be promoted according to rules and
regulations adopted by the Adjutant General upon the recommendation
of the commandant of cadets and with the approval of the president,
director, chief administrative officer, or principal of the college,
community college, or school.
Upon the recommendation of the president, director, chief
administrative officer, or principal of the college, community
college, or school in which the California Cadet Corps participates,
the commission or warrant of any cadet commissioned officer, cadet
warrant officer, or cadet noncommissioned officer may be canceled,
and the cadet reduced in rank or dismissed from the California Cadet
Corps, for deficiency in academic studies; misbehavior in the
college, community college, or school the cadet is attending;
misbehavior in the California Cadet Corps; or for any other reason
deemed good cause by the president, director, chief administrative
officer, or principal of the college, community college, or school.
The California Cadet Corps shall train in accordance with the
appropriate manuals prescribed by the United States Army and by the
rules and regulations adopted by the Adjutant General. A uniformed
corps of cadets shall not be organized in any college, community
college, or school except as authorized by this chapter, provided
that J.R.O.T.C., R.O.T.C., and other federally approved military
units shall not be subject to or limited by this code.
The Adjutant General shall provide suitable training
regulations, books and courses of instruction, and the necessary
forms for reports or other necessary purposes to be used by the
California Cadet Corps. The Adjutant General may take such action as
is necessary to promote the general welfare, strength, and morale of
the California Cadet Corps and to provide for the recreation of
cadets.
The Adjutant General shall prescribe the uniforms the members
of the California Cadet Corps shall wear. The Adjutant General may
issue to the California Cadet Corps necessary cap and collar
ornaments and chevrons, training aids, insignia of rank and of the
California Cadet Corps, awards and decoration, flags, colors,
guidons, standards, slings and carrying devices, canteens and covers,
belts, first aid packets, mess kits, shelter halves, haversacks, and
such other military property or equipment in the control of the
Adjutant General as may not be required for the California National
Guard, other state military forces, or other military purposes. A
regulation uniform for cadets shall be kept in the Adjutant General's
office to be used as a sample from which the uniforms for the
California Cadet Corps shall be made. Such issues may be made by the
Adjutant General without charge to the members of the California
Cadet Corps or to the school or college or community college. The
Adjutant General, after receiving written acknowledgment from the
president, director, chief administrative officer, or principal of
the college, community college, or school of the receipt of such
property, shall account the same as a transfer of equipment.
A sufficient number of rifles suitable for drill or
marksmanship purposes, or both may be purchased by the board of
school trustees, board of education, board of directors or trustees
of a college or community college, county superintendent of schools,
the Superintendent of Public Instruction, or the Adjutant General out
of any funds available and not otherwise appropriated.
Under rules and regulations adopted by the Adjutant General,
the Adjutant General may purchase uniforms for the members of the
California Cadet Corps, including caps, helmets, liners, shirts,
trousers, belts, jackets, skirts, blouses, ties, and leggings.
The Adjutant General, with the approval of the Department of
Finance, may annually determine the uniform cost per cadet.
Marksmanship practice shall constitute a part of the
instruction to be given to cadets. Members of the California Cadet
Corps may engage in rifle matches and competitions conducted or held
in this state or at any place in the United States. The Adjutant
General may purchase and supply to each of the colleges, community
colleges, and schools a sufficient number of efficient rifles for
field target work and gallery practice and the ammunition and
equipment necessary for efficient rifle practice. A sufficient number
of rifles suitable for field target work or gallery target firing
and the ammunition and equipment may be purchased by a board of
school trustees, board of education, board of directors or trustees
of a college or community college, county superintendent of schools,
or the Superintendent of Public Instruction, out of any funds
available, and the governing body or governing officials of any
school, community college, or college may purchase the necessary
parts for and may repair any rifles acquired or furnished to the
California Cadet Corps. All marksmanship practice shall be under the
supervision of the president, chief administrative officer, director,
or principal of the college, community college, or school, or under
the supervision of an appointed officer or officers. Competent
members of the California National Guard, State Military Reserve, or
Naval Militia may be detailed by the Adjutant General, with their
consent, and upon request of the president, director, chief
administrative officer, or principal of the college, community
college, or school as instructors of marksmanship practice in the
California Cadet Corps. Instructors from the California National
Guard, State Military Reserve, or Naval Militia on duty at a college,
community college, or school for marksmanship practice shall be
under the immediate control and jurisdiction of the governing body of
the college, community college, or school. The expenditures may be
paid out of funds appropriated for the maintenance and support of the
California Cadet Corps.
The Adjutant General may detail from the organizations of the
California National Guard, State Military Reserve, or Naval Militia,
competent members who shall perform duties on behalf of the
California Cadet Corps and who may act as training and marksmanship
practice instructors for the California Cadet Corps. The Adjutant
General may provide compensation for any person detailed for duty and
service with the California Cadet Corps. The expenditures may be
paid out of funds appropriated for the maintenance and support of the
California Cadet Corps. The Adjutant General may conduct conferences
and other events and activities for members of the California Cadet
Corps and may utilize funds appropriated for the maintenance and
support of the California Cadet Corps for these purposes.
(a) Whenever practical, members of the California Cadet Corps
shall, under the supervision of the commandant of cadets, be
permitted to utilize California National Guard rifle ranges for
marksmanship practice when the ranges are not being used by the
California National Guard.
(b) Whenever practical, members of the California Cadet Corps
shall be permitted to utilize California National Guard facilities
for training activities.
Units in their first year of operation shall receive an
assistance visit to ensure assigned personnel receive the training
and support needed to adequately prepare for their first formal,
for-record inspection. The executive officer, the assistant executive
officer, the regional advisors or military officers of the
California National Guard, State Military Reserve, or Naval Militia
detailed by the Adjutant General shall inspect units of the
California Cadet Corps at least once every two years and annually for
any unit receiving a rating of unsatisfactory in a prior year's
inspection. Inspectors shall report to the Adjutant General regarding
the training, marksmanship, attendance, discipline, military
knowledge and instruction, leadership, and condition of property of
the California Cadet Corps. These reports shall consist of an
inventory of the state property on hand in the cadet units at the
time of inspections, and shall be made and forwarded in duplicate,
one copy to the Superintendent of Public Instruction and one copy to
the Adjutant General's office, and shall bear the endorsement of the
president, director, chief administrative officer, or college,
community college, or principal of the college, community college, or
school, containing remarks the officials may deem pertinent.
The president, director, chief administrative officer, or
principal of a college, community college, or school shall be
responsible for all public property supplied to units of the
California Cadet Corps under their control or supervision and shall
ensure the property and equipment is properly secured and cared for.
An encampment or encampments may be held by the California
Cadet Corps to be of such duration and attended by such proportion of
the strength of the corps as may be prescribed by the Adjutant
General. The expenses of encampments may be paid out of funds
appropriated for the maintenance and support of the California Cadet
Corps.
Each board of school trustees, president, director, and chief
administrative officer of a college or community college, board of
trustees of a college or community college, board of education,
principal or director of a high school, county superintendent of
schools, and the Superintendent of Public Instruction shall
facilitate the purposes of the California Cadet Corps and its
instruction and the provisions of this chapter by cooperating with
the Adjutant General.
The provisions of this chapter shall apply to all community
colleges in this state, and the principals and governing boards of
community colleges shall have the same authority as similar officials
of schools.
Where a community college is located in close proximity to a
school having a California Cadet Corps company or companies, the
governing boards of the community college and schools may enter into
an agreement to provide for the joint organization of cadet
companies.
Any executive officer, assistant executive officer, regional
advisor, or officer, warrant officer, or noncommissioned officer
appointed or detailed pursuant to Sections 502, 502.1, 512, 513, 515,
or 516.1, who is wounded, injured, disabled, or killed in the
performance of ordered duty shall be entitled to receive compensation
from the state in accordance with the provisions of Division 4
(commencing with Section 3200) of the Labor Code. In all such cases,
these individuals shall be deemed to be employees of the state. The
compensation for any such individual shall be ascertained,
determined, and fixed upon the basis of his or her average income
from all sources during the year immediately preceding the date of
such injury or death, or the commencement of such disability, but
such compensation shall in no case exceed the maximum prescribed in
Division 4 (commencing with Section 3200) of the Labor Code.
In determining the benefits awarded to an individual under the
provisions of this section, it shall be conclusively presumed that
the average yearly earning of such injured or deceased individual is
not less than ten thousand dollars ($10,000). Any injury, death, or
disability shall be deemed to have been suffered in line of duty
unless the injury, death, or disability resulted from misconduct or
disobedience of lawful orders by the injured or deceased individual.
The principal and governing board of any private educational
institution or military academy in which a J.R.O.T.C. or R.O.T.C.
unit is not maintained, but which otherwise meets the qualifications
prescribed by this chapter and any rules and regulations that may be
adopted by the Adjutant General, may apply to the Adjutant General
for permission to establish a cadet company or cadet companies,
battalions, or regiments of the California Cadet Corps pursuant to
this chapter. If the Adjutant General approves the petition, the
principal and governing board of the private school shall have the
same authority as similar officials of public schools, community
colleges, or colleges to create units of and to become a member of
the California Cadet Corps. Any cadet company or companies, or unit
formed under this section, shall be governed by the provisions of
this chapter as though it were a public school, community college, or
college.