Section 74293 Of Article 5. Continuing Services If Compton Community College Loses Accreditation From California Education Code >> Division 7. >> Title 3. >> Part 46. >> Chapter 5. >> Article 5.
74293
. Notwithstanding any other provision of law:
(a) The partner district shall provide educational programs, as
described in Section 74292, at the Compton Community Educational
Center on the following terms:
(1) To the extent determined necessary by agreement between the
Compton Community College District and the partner district, the
Compton Community College District shall assign its current
employees, or reemploy former employees, to provide educational or
support services to students under the instructional services or
other agreements described in Section 74292. The Compton Community
College District has no obligation to assign or to reemploy persons
who occupy or previously occupied administrative or supervisory
positions to those positions. Notwithstanding any other provision of
law, a person who provides services pursuant to this paragraph shall
not be deemed to be an employee of the partner district or gain any
status with the partner district for any purpose.
(2) Individuals providing educational or support services pursuant
to paragraph (1) who serve as academic employees or educational
administrators shall meet applicable minimum qualifications
established by the Board of Governors of the California Community
Colleges as well as any other job-related qualifications for service
that are established by the partner district.
(3) The partner district shall have the primary right to direct
activities under the contract or contracts in a manner that is
consistent with the role of Compton Community College District as the
employer of the individuals who are assigned duties under the
agreements by the partner district. The partner district shall
provide performance assessments to the special trustee appointed
pursuant to Section 71093 regarding the services provided by
employees of the Compton Community College District.
(b) Nothing in this section shall be construed to limit the
ability of the Compton Community College District to employ employees
of any type or class as otherwise authorized by law as needed to
provide necessary services.
(c) The Compton Community College District shall continue to be
responsible for all retiree benefits that it offered its employees
prior to the date of its loss of accreditation and for retirement and
other benefits for its employees assigned to provide services
pursuant to subdivision (a). The partner district shall have no
responsibility for any retiree or other benefits for persons provided
by the Compton Community College District to serve under
instructional services or other agreements described in this article.
(d) Nothing in this section shall be construed to limit the
ability of the partner district to assign its existing personnel to
oversee or manage services provided under instructional services or
other agreements described in Section 74292 or to employ employees of
any type or class as otherwise authorized by law as needed to
provide oversight and management of those services. Any person who
provides services pursuant to this subdivision shall not be deemed to
be an employee of the Compton Community College District or gain any
status with that district for any purpose, and that person shall not
lose any rights, benefits, or status that he or she had previously
acquired with the partner district.
(e) Nothing in this article shall be construed to interfere with,
or require any change in, the existing bargaining units and
collective bargaining agreements of the Compton Community College
District.
(f) All existing statutory due process protections for employees
of the Compton Community College District shall remain in effect
including, but not necessarily limited to, the provisions governing
layoff or dismissal, acquisition of tenure, and all other provisions
of the Education Code except as expressly provided in this article.
(g) Nothing in this article shall be construed to interfere with
or preclude negotiations with employee organizations in either of the
districts over the effects, if any, of the partner district's
operation of the Compton Community College District.