SECTIONS 71090-71096 - California Statutes

EDUCATION CODE

SECTION 71090-71096

71090. (a) The board shall appoint a chief executive officer, to be
known as the Chancellor of the California Community Colleges, and
fix his or her compensation.
(b) The chancellor shall execute the duties and responsibilities
as may be delegated to him or her by the board. Whenever in this code
a power is vested in the board, the board, by a majority vote, may
adopt a rule delegating that power to the chancellor or any officer,
employee, or committee as the board may designate. The rule shall
prescribe the limits of the delegation.

71090.5. In addition to the position authorized by subdivision (e)
of Section 4 of Article VII of the California Constitution, the
Governor, with the recommendation of the board of governors, shall
appoint up to six deputy and vice chancellors, who shall be exempt
from state civil service. The appointments shall not exceed an
aggregate total of six, for both the positions of deputy and vice
chancellor.

71092. (a) The board of governors shall employ and fix the
compensation, in accordance with law, of assistants, clerical, and
other employees as it deems necessary for the effective conduct of
the work of the board and the chancellor's office.
(b) Notwithstanding Section 19849.5 of the Government Code, the
Board of Governors of the California Community Colleges shall
designate the headquarters for each of its employees, except as
provided in Section 71004.

71093. Notwithstanding any other provision of law:
(a) The board of governors may authorize the chancellor to suspend
the authority of the Board of Trustees of the Compton Community
College District, or of any of the members of that board, to exercise
any powers or responsibilities or to take any official actions with
respect to the management of the district, including any of the
district's assets, contracts, expenditures, facilities, funds,
personnel, or property. The board of governors may authorize
suspension for a period up to five years from the effective date of
Assembly Bill 318 of the 2005-06 Regular Session, plus a period
lasting until the chancellor, the Fiscal Crisis and Management
Assistance Team, the Director of Finance, and the Secretary for
Education concur with the special trustee that the district has, for
two consecutive academic years, met the requirements of the
comprehensive assessment conducted, and the recovery plan prepared,
pursuant to Section 41329.59.
(b) A suspension authorized by this section becomes effective
immediately upon the delivery of a document to the administrative
offices of the Compton Community College District that sets forth the
finding of the chancellor that a suspension pursuant to this section
is necessary for the establishment of fiscal integrity and security
in that district.
(c) (1) If and when the chancellor suspends the authority of the
Board of Trustees of the Compton Community College District or any of
its members pursuant to this section, the chancellor may appoint a
special trustee as provided in paragraph (3) of subdivision (c) of
Section 84040, at district expense, to manage the district. The
chancellor is authorized to assume, and delegate to the special
trustee, those powers and duties of the Board of Trustees of the
Compton Community College District that the chancellor determines,
with the approval of the board of governors, are necessary for the
management of that district. The Board of Trustees of the Compton
Community College District may not exercise any of the duties or
powers assumed by the chancellor under this section.
(2) The chancellor may appoint as a special trustee under this
section a person who has served in a similar capacity prior to the
enactment of the act that adds this section. A special trustee
appointed under this section shall serve at the pleasure of the
chancellor.
(3) Notwithstanding any other provision of law, in order to
facilitate the appointment of the special trustee, the chancellor is
exempt, for the purposes of this section, from the requirements of
Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of
the Military and Veterans Code and Part 2 (commencing with Section
10100) of the Public Contract Code.
(d) Notwithstanding any other provision of law, at any time that
this section is in effect, the chancellor is authorized to assume,
and delegate to the special trustee, those powers and duties of the
Compton Community College District Personnel Commission that the
chancellor determines are necessary for the management of the
personnel functions of the Compton Community College District. The
personnel commission may not exercise any of the powers or duties
assumed by the chancellor.
(e) Notwithstanding any other provision of law, if the special
trustee has been a member of the State Teachers' Retirement System or
the Public Employees' Retirement System at any time prior to
appointment, he or she shall, for the period of service as special
trustee, be a member of the system to which he or she belonged,
unless the special trustee elects, in writing, not to be a member. If
the special trustee chooses to be a member, the special trustee
shall be placed on the payroll of the district, or the payroll of
another local education agency or other entity with which the
district has an exchange agreement pursuant to Section 87422 or other
applicable provisions of law, for the purpose of providing
appropriate contributions to the applicable retirement system.
(f) The special trustee appointed pursuant to this section is
authorized to do all of the following:
(1) Implement substantial changes in the fiscal policies and
practices of the Compton Community College District.
(2) Revise the academic program of the Compton Community College
District to reflect realistic income projections in response to the
dramatic effect of the changes in fiscal policies and practices upon
program quality.
(3) Encourage all members of the college community to accept a
fair share of the burden of the full recovery of the Compton
Community College District in the five operational areas of finance,
academics, personnel facilities, and governance.
(4) Enter into agreements on behalf of the Compton Community
College District and, subject to any contractual and statutory
obligation of the Compton Community College District, change any
existing district rules, regulations, policies, or practices as
necessary for the effective implementation of the recovery plan. Any
agreement authorized by this section shall be binding upon the
district for the term of the agreement, notwithstanding the removal
of the special trustee for any reason or the reinstatement of any
powers or responsibilities of the board of trustees. No agreement
authorized by this paragraph shall materially impair the security and
other interests of the holders of any bonds issued pursuant to
Article 9 (commencing with Section 63049.67) of Chapter 2 of Division
1 of Title 6.7 of the Government Code.
(5) Appoint an advisory committee to advise the special trustee
with respect to the management of the Compton Community College
District and the establishment and implementation of the arrangements
for provision of services by a partner district pursuant to Article
5 (commencing with Section 74292) of Chapter 5 of Part 46. This
advisory committee may include residents of the communities served by
the Compton Community College District, and any outside experts
deemed appropriate by the special trustee. No member of the advisory
committee shall receive any compensation or benefits for his or her
services as a member of the advisory committee.
(g) In the event of a vacancy in the special trustee position, the
chancellor shall temporarily assume all of the powers and duties of
the special trustee until another special trustee can be appointed
pursuant to this section.

71094. The chancellor's office may contract with community college
districts for the performance of administrative services necessary to
implement Section 12419.7 of the Government Code. The chancellor's
office may charge the districts for the costs of those administrative
services.

71095. (a) The chancellor's office, in consultation with the
California Emergency Management Agency and the Office of Homeland
Security, shall, by January 1, 2009, develop emergency preparedness
standards and guidelines to assist community college districts and
campuses in the event of a natural disaster, hazardous condition, or
terrorist activity on or around a community college campus.
(b) The standards and guidelines shall be developed in accordance
with the Standardized Emergency Management System and the National
Incident Management System, and shall be reviewed by the California
Emergency Management Agency in a manner that is consistent with
existing policy. In developing the standards and guidelines, the
chancellor's office shall consider, but is not limited to, all of the
following components:
(1) Information on establishing a campus emergency management
team.
(2) Provisions regarding overview training for every employee
within one year of commencement of employment.
(3) Information on specialized training for employees who may be
designated as part of an emergency management team.
(4) Information on preparedness, prevention, response, recovery,
and mitigation policies and procedures.
(5) Information on coordinating with the appropriate local, state,
and federal government authorities, and nongovernmental entities on
comprehensive emergency management and preparedness activities.

71096. The office of the Chancellor of the California Community
Colleges shall report to the Department of Finance no later than
September 1 of each year for the preceding fiscal year both of the
following:
(a) The amount of discounts authorized by Section 280 of the
Public Utilities Code for community colleges that reduce community
college district costs.
(b) The amount of discounts authorized by Section 280 of the
Public Utilities Code that have the effect of reducing the cost of
local assistance provided by the office of the chancellor as
appropriated pursuant to Schedule (14) of Item 6870-101-0001 of
Section 2.00 of the Budget Act of 2007 and any successive
appropriations for the same purpose in subsequent fiscal years for
maintaining connectivity for the community college districts.