Section 88003 Of Article 1. Employment From California Education Code >> Division 7. >> Title 3. >> Part 51. >> Chapter 4. >> Article 1.
88003
. The governing board of any community college district shall
employ persons for positions that are not academic positions. The
governing board, except where Article 3 (commencing with Section
88060) or Section 88137 applies, shall classify all those employees
and positions. The employees and positions shall be known as the
classified service. Substitute and short-term employees, employed and
paid for less than 75 percent of a college year, shall not be a part
of the classified service. Part-time playground positions,
apprentices and professional experts employed on a temporary basis
for a specific project, regardless of length of employment, shall not
be a part of the classified service. Full-time students employed
part time, and part-time students employed part time in any college
work-study program, or in a work experience education program
conducted by a community college district and which is financed by
state or federal funds, shall not be a part of the classified
service. Unless otherwise permitted, a person whose position does not
require certification qualifications shall not be employed by a
governing board, except as authorized by this section.
"Substitute employee," as used in this section, means any person
employed to replace any classified employee who is temporarily absent
from duty. In addition, if the district is then engaged in a
procedure to hire a permanent employee to fill a vacancy in any
classified position, the governing board may fill the vacancy through
the employment, for not more than 60 calendar days, of one or more
substitute employees, except to the extent that a collective
bargaining agreement then in effect provides for a different period
of time.
"Short-term employee," as used in this section, means any person
who is employed to perform a service for the district, upon the
completion of which, the service required or similar services will
not be extended or needed on a continuing basis. Before employing a
short-term employee, the governing board, at a regularly scheduled
board meeting, shall specify the service required to be performed by
the employee pursuant to the definition of "classification" in
subdivision (a) of Section 88001, and shall certify the ending date
of the service. The ending date may be shortened or extended by the
governing board, but shall not extend beyond 75 percent of a school
year.
"Seventy-five percent of a college year" means 195 working days,
including holidays, sick leave, vacation and other leaves of
absences, irrespective of number of hours worked per day.
Employment of either full-time or part-time students in any
college work-study program, or in a work experience education program
shall not result in the displacement of classified personnel or
impair existing contracts for services.
This section shall apply only to districts not incorporating the
merit system as outlined in Article 3 (commencing with Section
88060).