Current through Register 2022 Notice Reg. No. 14, April 8, 2022
board of a community college district shall adopt policies and procedures that
provide district and college staff the opportunity to participate effectively
in district and college governance. At minimum, these policies and procedures
shall include the following:
or categories of positions or groups of positions other than faculty that
compose the staff of the district and its college(s) that, for the purposes of
this section, the governing board is required by law to recognize or chooses to
recognize pursuant to legal authority. In addition, for the purposes of this
section, management and nonmangement positions or groups of positions shall be
separately defined or categorized.
(2) Participation structures and procedures
for the staff positions defined or categorized.
(3) In performing the requirements of
subsections (a)(1) and (2), the governing board or its designees shall consult
with the representatives of existing staff councils, committees, employee
organizations, and other such bodies. Where no groups or structures for
participation exist that provide representation for the purposes of this
section for particular groups of staff, the governing board or its designees,
shall broadly inform all staff of the policies and procedures being developed,
invite the participation of staff, and provide opportunities for staff to
express their views.
shall be provided with opportunities to participate in the formulation and
development of district and college policies and procedures, and in those
processes for jointly developing recommendations for action by the governing
board, that the governing board reasonably determines, in consultation with
staff, have or will have a significant effect on staff.
(5) Except in unforeseeable, emergency
situations, the governing board shall not take action on matters significantly
affecting staff until it has provided staff an opportunity to participate in
the formulation and development of those matters through appropriate structures
and procedures as determined by the governing board in accordance with the
provisions of this Section.
policies and procedures of the governing board shall ensure that the
recommendations and opinions of staff are given every reasonable
When a college
or district task force, committee, or other governance group, is used to
consult with staff regarding implementation of this section or to deal with
other issues which have been determined to significantly affect staff pursuant
to subdivision (a)(4), the appointment of staff representatives shall be made
(A) The exclusive representative
shall appoint representatives for the respective bargaining unit employees,
unless the exclusive representative and the governing board mutually agree in a
memorandum of understanding to an alternative appointment process.
(B) Where a group of employees is not
represented by an exclusive agent, the appointment of a representative of such
employees on any task force, committee or governance group shall be made by, or
in consultation with, any other councils, committees, employee organizations,
or other staff groups that the governing board has officially recognized in its
policies and procedures for staff participation.
(C) When the task force, committee or
governance group will deal with issues outside the scope of collective
bargaining, any other council, committee or staff group, other than an
exclusive agent, that the governing board has officially recognized in its
policies and procedures for staff participation may be allowed to designate an
additional representative. These organizations shall not receive release time,
rights, or representation on such task forces, committees, or other governance
groups exceeding that offered to the exclusive representative of classified
(D) In all cases,
representatives shall be selected from the category that they
(b) In developing and carrying out policies
and procedures pursuant to subsection (a), the district governing board shall
ensure that its actions do not dominate or interfere with the formation or
administration of any employee organization, or contribute financial or other
support to it, or in any way encourage employees to join any organization in
preference to another. In addition, in order to comply with Government Code
seq., such procedures for staff participation shall not intrude on matters
within the scope of representation under section
the Government Code. Governing boards shall not interfere with the exercise of
employee rights to form, join, and participate in the activities of employee
organizations of their own choosing for the purpose of representation on all
matters of employer-employee relations. Nothing in this section shall be
construed to impinge upon or detract from any negotiations or negotiated
agreements between exclusive representatives and district governing boards. It
is the intent of the Board of Governors to respect lawful agreements between
staff and exclusive representatives as to how they will consult, collaborate,
share, or delegate among themselves the responsibilities that are or may be
delegated to staff pursuant to these regulations.
(c) Nothing in this section shall be
construed to impinge upon the policies and procedures governing the
participation rights of faculty and students pursuant to sections 53200-53204,
and section 51023.7, respectively.
(d) The governing board of a community
college district shall comply substantially with the provisions of this
Cal. Code Regs. Tit.
Note: Authority cited: Section
Education Code. Reference: Sections
Education Code; and Sections 3540et seq., Government
1. New section filed
3-12-91 by Board of Governors of California Community Colleges with the
Secretary of State operative 4-5-91. Submitted to OAL for printing only
pursuant to Education Code section
(Register 91, No. 23).
2. Editorial correction of printing error in
subsection (b) and HISTORY 1. (Register 91, No. 43).
of subsections (a)(1), (a)(3), (a)(5), (a)(7), (b), (c) and (d) filed 9-6-94;
operative 10-6-94. Submitted to OAL for printing only pursuant to Education
(Register 94, No. 38).
4. Amendment of section and Note filed
5-16-2003; operative 6-15-2003. Submitted to OAL for printing only pursuant to
Education Code section
(Register 2003, No. 27).