SECTIONS 72022-72035 - California Statutes

EDUCATION CODE

SECTION 72022-72035

72022. The county committee on school district organization, upon
petition of the governing board of any community college district,
may provide for the establishment, rearrangement, or abolishment of
trustee areas in any community college district or increase or
decrease the number of members of the governing board, in the same
manner as trustee areas may be provided for in other districts under
Sections 5020 to 5024, inclusive.
When trustee areas are established or rearranged under this
section, governing board members shall be elected for four-year
terms, and shall be either five or seven in number. The number of
trustee areas shall not be less than two nor more than seven. The
terms of trustees shall, except as otherwise provided, be staggered
so that as nearly as practicable one-half of the trustees shall be
elected in each odd-numbered year.
Subject to provisions of this section, any resident and registered
elector of the school district not disqualified by the Constitution
or laws of the state is eligible to candidacy for, and appointment
and election to, the governing board of a community college district
in which trustee areas have been provided under this section.
When trustee areas are established or rearranged under this
section, the petition to the county committee by the governing board
shall provide for election of trustees by one of the following
methods:
(a) Election of an elector residing in and registered to vote in
the trustee area he seeks to represent, by only the registered
electors of the same trustee area;
(b) Election, of an elector residing in and registered to vote in
the trustee area he seeks to represent, by the registered electors of
the entire community college district.

72023. In every community college district in which trustee areas
have not been established, there shall be a governing board of either
five or seven members elected at large from the district to serve a
term of four years. If trustee areas have been established in a
community college district the governing board shall consist of a
member or members from each trustee area. The terms of trustees
shall, except as otherwise provided, be staggered so that as nearly
as practicable one-half of the trustees shall be elected in each
odd-numbered year.
In the Peralta Community College District, the governing board may
consist of not to exceed 15 members, if the governing board so
determines, whether or not trustee areas have been established.
The governing board of the Redwoods Community College District may
consist of eight members, provided the area contained in the Fort
Bragg Unified School District and the Mendocino Unified School
District is annexed to the Redwoods Community College District, and
provided an additional coterminous trustee area of the district is
established including such territory. Such governing board may
consist of nine members if, in addition to the annexation specified
above, the area contained within Del Norte County is annexed to the
Redwoods Community College District, and provided an additional
coterminous trustee area of the district is established including
such territory.

72023.5. (a) The governing board of each community college district
shall order the inclusion within the membership of the governing
board, in addition to the number of members otherwise prescribed, of
one or more nonvoting students who are residents of California as
determined pursuant to Part 41 (commencing with Section 68000). These
students shall have the right to attend each and all meetings of the
governing board, except that student members shall not have the
right, or be afforded the opportunity, to attend executive sessions
of the governing board.
The students selected to serve on the governing board, in addition
to being residents of California as determined pursuant to Part 41
(commencing with Section 68000), shall be enrolled in a community
college of the district and shall be chosen, and shall be recalled,
by the students enrolled in the community colleges of the district in
accordance with procedures prescribed by the governing board. A
student member shall be required throughout the term of his or her
appointment to be enrolled in a community college of the district for
at least five semester units, or its equivalent, and shall meet and
maintain the minimum standards of scholarship for community college
students prescribed by the community college district. The term of
the student members shall be one year commencing on June 1 of each
year.
The nonvoting student members appointed pursuant to this section
shall be entitled to mileage allowance to the same extent as regular
members, but are not entitled to the compensation prescribed by
Section 72425.
A nonvoting student member shall be seated with the members of the
governing board and shall be recognized as a full member of the
board at the meetings, including receiving all materials presented to
the board members and participating in the questioning of witnesses
and the discussion of issues.
The nonvoting student member shall not be included in determining
the vote required to carry any measure before the board.
The nonvoting student member shall not be liable for any acts of
the governing board.
(b) Notwithstanding subdivision (a), the student member or members
selected to serve on the governing board of a community college
district pursuant to subdivision (a) may do any of the following:
(1) Make and second motions at the discretion of the governing
board.
(2) Attend closed sessions, other than closed sessions on
personnel matters or collective bargaining matters, at the discretion
of the governing board.
(3) Receive compensation, at the discretion of the governing
board, up to the amount prescribed by Section 72425.
(4) Serve a term of one year commencing on May 15 of each year, at
the discretion of the governing board.
(c) It is the intent of the Legislature that any decision or
action, including any contract entered into pursuant thereto, upon
the motion or second of a motion of a student member, shall be fully
legal and enforceable against the district or any party thereto.
(d) The governing board of each community college district that
affords the student member or members of the board any of the
privileges enumerated in subdivision (b) shall, by May 15 of each
year, adopt rules and regulations implementing this section. These
rules and regulations shall be effective until May 15 of the
following year.

72024. (a) (1) In any community college district that is not
located in a city and county, and in which the full-time equivalent
students (FTES) for the prior college year exceeded 60,000, the
governing board may prescribe, as compensation for the services of
each member of the board who actually attends all meetings held by
the board, a sum not to exceed one thousand five hundred dollars
($1,500) in any month.
(2) In any community college district in which the FTES for the
prior college year was 60,000 or less, but more than 25,000, each
member of the governing board of the district who actually attends
all meetings held by the board may receive as compensation for his or
her services a sum not to exceed seven hundred fifty dollars ($750)
in any month.
(3) In any community college district in which the FTES for the
prior college year was 25,000 or less, but more than 10,000, each
member of the governing board of the district who actually attends
all meetings held may receive as compensation for his or her services
a sum not to exceed four hundred dollars ($400) in any month.
(4) In any community college district in which the FTES for the
prior college year was 10,000 or less, but more than 1,000, each
member of the governing board of the district who actually attends
all meetings held by the board may receive as compensation for his or
her services a sum not to exceed two hundred forty dollars ($240) in
any month.
(5) In any community college district in which the FTES for the
prior college year was 1,000 or less, but more than 150, each member
of the governing board of the district who actually attends all
meetings held by the board may receive as compensation for his or her
services a sum not to exceed one hundred twenty dollars ($120) in
any month.
(b) Any member of a governing board who does not attend all
meetings held by the board in any month may receive, as compensation
for his or her services, an amount not greater than a pro rata share
of the number of meetings actually attended based upon the maximum
compensation authorized by this subdivision.
(c) The compensation of members of the governing board of a
community college district newly organized or reorganized shall be
governed by subdivision (a). For this purpose, the total FTES in all
of the community colleges of the district in the college year in
which the organization or reorganization became effective shall be
deemed to be the FTES in the district for the prior college year.
(d) A member may be paid for any meeting when absent if the board,
by resolution duly adopted and included in its minutes, finds that,
at the time of the meeting, he or she is performing services outside
the meeting for the community college district, he or she was ill or
on jury duty, or the absence was due to a hardship deemed acceptable
by the board. The compensation shall be a charge against the funds of
the district.
(e) On an annual basis, the governing board may increase the
compensation of individual board members beyond the limits delineated
in this section, in an amount not to exceed 5 percent based on the
present monthly rate of compensation. Any increase made pursuant to
this section shall be effective upon approval by the governing board.
The action may be rejected by a majority of the voters in that
district voting in a referendum established for that purpose, as
prescribed by Chapter 2 (commencing with Section 9100) of Division 9
of the Elections Code.

72025. (a) The governing board of the Long Beach Community College
District may establish trustee areas pursuant to this section.
(b) Notwithstanding any other provision of law:
(1) If a proposal for the establishment of trustee areas is
approved by a majority of the voters voting at the election, the
establishment of trustee areas shall be effective upon the expiration
of the term of the member having the shortest remaining unexpired
portion of a term on the date of the election approving the
establishment of trustee areas, or the date of expiration of the term
of any member elected to the board during the year of the election
approving the establishment of trustee areas, whichever is shorter.
(2) The term of any member serving on the board on the date of the
election approving the establishment of trustee areas shall be
shortened until the date of expiration of the term of the member
having the shortest remaining unexpired portion of a term on the date
of the election approving the establishment of trustee areas, or the
date of expiration of the term of any member elected to the board
during the year of the election approving the establishment of
trustee areas, whichever is shorter.
(3) Vacancies shall be filled as provided by other provisions of
law and the term of the person filling the vacancy shall be
determined in accordance with paragraph (2).

72026. Notwithstanding any provision of law to the contrary, if the
governing board of a community college district finds that the
boundaries of trustee areas do not conform to the district's
geography or population distribution due to annexation of territory
to the district after the trustee boundaries were formed, the board
may, in its discretion, order a special election seeking voter
approval for rearrangement of such areas in the manner provided in
this section.
Upon adoption of a resolution by a majority of the members, the
board shall call and conduct at least one (1) public hearing on the
proposed rearrangement of trustee area boundaries by publishing
notice thereof in accordance with Section 6061 of the Government
Code. The notice shall be published at least 10 days prior to each
hearing to be held and shall state the time and place of the hearing
and the general nature of the proposed boundary rearrangement.
At the conclusion of such public hearing or hearings, the board
may adopt a resolution by majority vote of the members thereof
ordering a special election on the proposed rearrangement of trustee
areas within the district. The election shall be consolidated with
the next scheduled primary or general statewide election and shall be
called and conducted by the county superintendent of schools having
jurisdiction in the manner otherwise prescribed for elections in
Chapter 3 (commencing with Section 5300) of Part 4 of Division 1 of
Title 1.
The ballot shall contain the following words properly located
thereon: "For the rearrangement of trustee areas in ____ (insert
name) District--Yes" and "For the rearrangement of trustee areas in
____ (insert name) District--No."
If the proposal for the rearrangement of trustee areas within the
district pursuant to this section is approved by a majority of the
electors voting at the election and it appears that one or more
trustee areas in the district will not be represented in the
membership of the governing board or that one or more trustee areas
will have more than its allotted number of representatives in the
membership of the governing board, the county superintendent of
schools having jurisdiction shall call and conduct an election to
determine who shall represent such trustee area or areas at the next
regular election for community college trustees as otherwise provided
by law. The term of office of a newly elected and qualified member
shall expire on the date the term of the former member would have
expired if the former member had remained in office. If the offices
of two or more members become vacant due to the operation of this
paragraph, the superintendent shall determine by lot which term of
office of former members shall be assumed by which of the newly
elected and qualified members.

72026.5. Notwithstanding any other provision of law, in any
district which has annexed or annexes territory resulting in a
proposal for a rearrangement of trustee areas and which holds an
election pursuant to Section 72026 and a rearrangement of boundaries
is approved by the voters, in the event that such rearrangement
results in a trustee area having more or fewer than its allotted
number of representatives, a governing board member representing a
particular trustee area whose boundaries are rearranged so that he or
she no longer resides within the trustee area may serve out his or
her term of office as that area's representative. Succeeding
representatives shall be selected in the manner provided by law.

72027. (a) Upon the formation of a community college district the
county superintendent of schools having jurisdiction shall call and
set the date of an election for the purpose of electing the governing
board of the district. The call shall be issued not later than 30
days after the formation of the district. The election shall be
called, held, and conducted as are elections for members of governing
boards of elementary school districts.
(b) The first members of the governing board shall take office on
the third Monday following their election. The term of office of
subsequent members of the board shall begin on the first Friday in
December following their election.
(c) Notwithstanding subdivision (a), the county superintendent of
schools having jurisdiction may call and set the date for an election
for the purpose of electing the governing board of the district on
the same date that the election is held for the formation of the
community college district. The call for both elections shall be
issued at the same time. The election shall be called, held, and
conducted the same as elections for members of the governing boards
of elementary school districts.
(d) The majority of the members of the first elected board of any
newly formed community college district, the members of which
majority received the highest number of votes, shall serve until the
first Friday in December of the second succeeding odd-numbered year.
The terms of the other members shall expire on the first Friday in
December of the first succeeding odd-numbered year. Those members
shall continue in office until their successors are elected and
qualified.

72029. The governing board of a community college district may by
resolution limit campaign expenditures or contributions in elections
to district offices.

72031. The provisions of this section shall apply only to the Los
Angeles Community College District.
(a) Whenever in this code a section refers to a district, or to
two or more districts, governed by a single governing board, or by
governing boards of identical personnel, or to a district or
districts in which the average daily attendance is in excess of
400,000, or makes a similar reference, all provisions of the section
shall apply with equal force to both the city school district and
community college district.
(b) Members of the governing board of the Los Angeles Community
College District shall be elected at large in the manner established
by Chapter 62 of the Statutes of 1968.

72034. Notwithstanding any provision of Chapter 366 of the Statutes
of 1982, the terms of office of the members of the governing board
of the Santa Monica Community College District whose terms were
scheduled to expire in April 1985, expired in November 1984, and the
terms of office of those members whose terms were scheduled to expire
in April 1987, shall expire in November 1986.
The terms of the members elected in November of even-numbered
years shall commence on the first Tuesday following that election,
and those elected shall serve for a term of four years. Each member
shall continue to serve until his or her successor in office is
elected and qualified.
This section is declaratory of existing law.

72035. Notwithstanding any other provision of law, including, but
not limited to, Sections 5000.1 and 5010.5, and the Charter of the
City of San Diego, the number of members, the election of members,
and the reapportionment of trustee areas of the governing board of
the San Diego Community College District shall be conducted pursuant
to this section.
(a) Candidates for election as a member of the governing board of
the district shall be nominated by trustee area at a district primary
election held on the date of the statewide direct primary election.
At the district primary election, the two candidates receiving the
highest number of votes within the trustee area shall be nominees for
the general district election for that trustee area, and the nominee
who receives a majority of the votes cast by the voters of the
district in the districtwide general district election shall be
elected to represent that trustee area. The general district election
shall be held on the same date as the statewide general election.
Candidates for election as members of the governing board shall
file a declaration of candidacy as provided in this code. Each member
of the governing board elected at the general district election
shall hold office for a term of four years commencing on the first
Friday in December next succeeding his or her election.
The members of the governing board in office on the effective date
of the act that enacted this section at the 1991-92 Regular Session
of the Legislature shall hold office until the first Friday in
December of the year in which their respective term of office would
otherwise have terminated, or until a successor qualifies therefor.
(b) The territory of the district shall be divided into trustee
areas and one member of the governing board shall be elected from
each trustee area. A candidate for election as a member of the
governing board shall reside in, and be registered to vote in, the
trustee area he or she seeks to represent.
(c) The governing board of the district shall be composed of not
less than five members and not more than nine, as determined by the
governing board. Sections 5019 to 5030, inclusive, do not apply to
the governing board's determination of the number of members pursuant
to this subdivision. If the number of members of the governing board
is increased or decreased, the governing board shall establish new
trustee areas, abolish trustee areas, or adjust the boundaries of
trustee areas so that the number of trustee areas is equal to the
number of governing board members. If the number of members of the
governing board is increased, the additional members of the governing
board shall be elected at the next regular general district election
of board members occurring at least 123 days after the governing
board approved the increased number of board members. Prior to the
next general district election, the governing board shall divide by
lot the additional trustee area positions that are created so that
the term of one-half of the board members elected to those positions
shall expire on the first Friday in December following the next
general district election. The term of the other board members
elected to fill the remainder of the additional positions shall
expire on the first Friday in December following the second general
district election succeeding their election.
(d) The governing board shall adjust the boundaries of each
trustee area in existence on January 1, 1992, to reflect population
changes enumerated in the 1990 decennial federal census. The purpose
of the adjustment is to establish trustee areas so that the
population of each area is, as nearly as may be, the same proportion
of the total population of the district as each of the other areas.
Thereafter, the boundaries of trustee areas shall be adjusted
pursuant to Section 5019.5 and may be abolished or rearranged as
otherwise provided in this code.
(e) Pursuant to Sections 5019 and 5030, the county committee on
school district organization may propose to the district voters that
the member residing in each trustee area be elected by the registered
voters of that particular trustee area. The proposal shall be
submitted to the voters of the district at the next regular general
district election occurring at least 123 days after the adoption of
the proposal by the county committee on school district organization.
If that proposal is approved by a majority of the voters voting in
the election, then notwithstanding subdivision (a), there shall be no
direct primary election for governing board members at the next
election for members. Instead, members shall be elected at a general
district election held on the same day as the statewide general
election. At that general district election, board member candidates
shall be elected to represent the trustee area in which they reside
and are registered to vote by the registered voters of that trustee
area. The candidate in each trustee area receiving the highest number
of votes shall be elected.