Section 89553 Of Article 2.5. Separation Of Employees From Service For Lack Of Funds Or Lack Of Work From California Education Code >> Division 8. >> Title 3. >> Part 55. >> Chapter 5. >> Article 2.5.
89553
. (a) After a determination has been made of the class or
teaching service area to be reduced and the number of employees in
such class or area to be laid off, the president or chancellor shall
notify each employee to be laid off, that the employee is being laid
off for lack of funds or lack of work. Such notice shall be in
writing and mailed by certified mail, return receipt requested, to
the employee's last known address, or the notice may be delivered to
the employee in person who shall acknowledge receipt of the notice in
writing. The notice shall specify the effective date of layoff and
shall be delivered to the employee or mailed to the employee's last
known resident address at least 30 days, whenever possible, prior to
the effective date of the layoff. When curricular shifts or other
program changes, which can be anticipated, are to be made those who
will be laid off will normally be notified at least one year in
advance.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if such
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.