Section 88123 Of Article 3. Merit System From California Education Code >> Division 7. >> Title 3. >> Part 51. >> Chapter 4. >> Article 3.
88123
. For reasonable causes, an employee may be suspended without
pay for not more than 30 days , except as provided in this section,
or may be demoted or dismissed. In such case, the personnel director,
shall within 10 days of the suspension, demotion, or dismissal, file
written charges with the commission and give to the employee or
deposit in the United States registered mail with postage prepaid,
addressed to the employee at his or her last known place of address,
a copy of the charges.
Whenever an employee of a community college district is charged
with the commission of any sex offense, defined in Section 87010, or
any narcotics offense, as defined in Section 87011, or a violation of
Sections 11357 to 11361, inclusive, 11363, 11364, or 11377 to 11382,
inclusive, insofar as such sections relate to, any controlled
substances in paragraph (4) or (5) of subdivision (b) of Section
11056, or any controlled substances in subdivision (d) of Section
11054, except paragraphs (10), (11), (12), and (17) of such
subdivision, of the Health and Safety Code by complaint, information,
or indictment filed in a court of competent jurisdiction, the
governing board of the district may immediately suspend the employee
for a period of time extending for not more than 10 days after the
date of the entry of the court judgment. However, the suspension may
be extended beyond such 10-day period in case the governing board
gives notice within such 10-day period that it will dismiss the
employee 30 days after the service of the notice, unless the employee
demands a hearing. An employee so suspended shall continue to be
paid his or her regular salary during the period of the suspension if
and during such time as he or she furnishes to the district a
suitable bond, or other security acceptable to the governing board,
as a guarantee that the employee will repay to the district the
amount of salary so paid to him or her during the period of the
suspension in case the employee is convicted of such charges, or the
employee does not return to service after such period of suspension.
If the judgment determines that the employee is not guilty of such
charges, or if the complaint, information, or indictment is
dismissed, the district shall reimburse the employee for the cost of
the bond; or, if the employee has not elected to furnish such bond,
the district shall pay to the employee his or her full compensation
during the period of the suspension; provided the employee returns to
service after such period of suspension.