CALIFORNIA STATUTES AND CODES
SECTIONS 85230-85244
EDUCATION CODE
SECTION 85230-85244
85230. (a) Except as otherwise provided in this code, money shall
be paid from the funds of any community college district for the
payment of the expenses of the district, only as provided in this
article.
(b) The Legislature reaffirms the status of the California
Community Colleges as a segment of public higher education and the
role of the Board of Governors of the California Community Colleges
in providing general supervision over community college districts.
The Legislature also reaffirms its grant of substantial fiscal
autonomy to community college districts. It is the intent of the
Legislature to provide for certain relationships between county
offices and community college districts while confirming that
governance authority over the community college districts rests with
district governing boards and the board of governors.
85231. All payments from the funds of a community college district
shall be made by written order of the governing board of the
district. Orders shall be on forms prescribed by the county
superintendent of schools. Forms may be printed and furnished by the
board of supervisors or the county superintendent of schools.
85232. Each order drawn on the funds of a community college
district shall be signed by at least a majority of the members of the
governing board of the district, or by a person or persons
authorized by the governing board to sign orders in its name. No
person other than an officer or employee of the district shall be
authorized to sign orders.
85233. The governing board of each community college district shall
be responsible for filing, or causing to be filed, with the county
superintendent of schools the verified signature of each person,
including members of the governing board, authorized to sign orders
in its name. Except for districts determined to be fiscally
accountable pursuant to Section 85266 and districts determined to be
fiscally independent pursuant to Section 85266.5, no order on the
funds of any district shall be approved by the county superintendent
of schools unless the signatures are on file in the superintendent's
office and he or she is satisfied that the signatures on the order
are those of persons authorized to sign the order.
85234. Each order drawn against the funds of a community college
district shall be numbered and shall state: (a) the particular fund
or funds of the district against which it is drawn, (b) the amount of
the payment to be made from each fund, and (c) the rate of salary
and the period of service of any employee of the district for whom an
order is issued for payment of salary or wages. If drawn for any
purpose other than the payment of salaries or wages of district
employees, the order shall be accompanied by an itemized bill showing
the separate items and the price of each.
85235. Each order drawn against the funds of a community college
district shall be transmitted to the county superintendent of
schools, and, if approved and signed by him or her, shall become a
requisition on the county auditor. The county superintendent may
prescribe alternative procedures for districts determined to be
fiscally accountable pursuant to Section 85266.
85236. The county superintendent of schools may examine each order
on community college district funds transmitted to him or her, in the
order in which it is received in his or her office. If it appears
that the order is properly drawn for the payment of legally
authorized expenses against the proper funds of the district, and
that there are sufficient moneys in the fund or funds against which
the order is drawn to pay it, he or she shall endorse upon it
"examined and approved," and shall, in attestation thereof, affix his
or her signature and number and date the requisition and transmit it
directly to the county auditor, in the order in which the order is
received in his or her office. The county superintendent may
prescribe alternative methods for districts determined to be fiscally
accountable pursuant to Section 85266.
85237. (a) If, at any time during a fiscal year, the county
superintendent of schools concludes that the expenditures of a
community college district in the territory within his or her
jurisdiction are likely to exceed the anticipated income of the
district for that fiscal year, he or she shall notify the district in
writing of that conclusion, and may conduct a comprehensive review
of the financial and budgetary conditions of the district.
(b) The superintendent shall report his or her findings and
recommendations under this section to the governing board of the
district, and may include recommendations of methods by which the
budgeted expenditures for the balance of the fiscal year may be
brought into balance with the revenue of the district. The report
shall be made to the governing board at a public meeting of the
governing board. The governing board shall, no later than 15 days
after receipt of the report, notify the county superintendent of
schools of its proposed actions on those recommendations.
85237.5. (a) At any time during a fiscal year, the county
superintendent may audit the expenditures and internal controls of
community college districts he or she determines to be fiscally
accountable. The county superintendent shall report his or her
findings and recommendation to the governing board of the district.
(b) The governing board shall, no later than 15 days after receipt
of the report made under this section, notify the county
superintendent of schools of its proposed actions on his or her
recommendation. Upon review of the governing board report, the county
superintendent, at his or her discretion, may revoke the authority
for the district to be fiscally accountable pursuant to Section
85266.
85238. If the order is disapproved by the county superintendent of
schools, it shall be returned to the governing board of the community
college district, except as otherwise provided in this code for the
registration of warrants, with a statement of his or her reasons for
disapproving the order.
85239. (a) The county auditor may examine each order and
requisition on community college district funds transmitted by the
county superintendent of schools. If the county auditor allows the
order and requisition, he or she shall endorse thereon "examined and
allowed," and shall date, number, and sign it, whereupon it shall
become a warrant on the county treasurer. The county auditor shall
detach any bill attached to the requisition, and shall number the
bill, giving it the same number given to the warrant, and file it in
his or her office. The county auditor shall thereupon return the
order, requisition, and warrant to the county superintendent of
schools, who shall transmit it to the governing board of the district
for issuance to the payee or to the order of the payee.
(b) (1) Any requisition of the county superintendent of schools,
whether based upon written order of the governing board of a
community college district or authorized by law, shall constitute
full authority for the signature for allowance thereof by the county
auditor as a warrant on the county treasurer, and no other authority
shall be necessary or required for that action by the county auditor.
(2) "Requisition," as used in this section, includes any order or
demand signed by the county superintendent of schools directing the
county auditor to draw his or her warrant on the county treasurer.
85239.1. The county auditor may authorize the destruction of any
bill or supporting document received from a school district for
purposes of Section 85239 if all of the following conditions are met:
(a) The record, paper, or document is photographed,
microphotographed, or reproduced on film of a type approved for
permanent photographic records by the National Bureau of Standards;
(b) The device used to reproduce such record, paper, or document
on film is one which accurately reproduces the original thereof in
all details; and
(c) The photographs, microphotographs, or other reproductions on
film are placed in conveniently accessible files and provision is
made for preserving, examining, and using the same.
85240. (a) In lieu of drawing a warrant as provided in Section
85239, the county auditor may, with the approval of the governing
board of the community college district, endorse, date, and number
the order and requisition, and may prepare a separate warrant on the
county treasurer for the same amount as the order and requisition.
The warrant shall show that it had been drawn on the order of a
community college district, shall name the community college
district, and shall show the payee and date of issue, as well as
other information deemed appropriate by the county auditor.
(b) The county auditor shall draw the separate warrant by signing
it, and no other signature shall be required. Thereupon, the county
auditor shall transmit the separate warrant to the county
superintendent of schools, who shall transmit it to the governing
board of the district for issuance to the payee or to the order of
the payee, or, with the approval of the governing board of the
district, shall transmit it to the payee.
(c) The order and requisition may direct the transfer of the
amount of the separate warrant from the funds of the district to a
clearing fund in the county treasury, which shall be known as the
Schools Commercial Revolving Fund, to the end that separate warrants
for all districts may be drawn against a single revolving fund.
85241. The governing board of any community college district may,
with the approval of the county auditor and county treasurer, in lieu
of issuing single orders for the payment of the salary or wages of
each employee, issue payroll orders, on forms prescribed by the
county superintendent of schools for the payment of the salaries or
wages of two or more employees. Payroll orders may be drawn only for
the payment of salaries and wages of employees, and shall constitute
requisitions on the county auditor and warrants on the county
treasurer when approved and signed by the county superintendent of
schools and allowed and signed by the county auditor, respectively.
85242. Each payroll order drawn pursuant to this article shall be
drawn, approved, and issued in the same manner and shall contain the
same minimum content as prescribed for single orders. Each payroll
order shall list the names of all employees in whose favor the order
is drawn and shall state the amount of money due each.
85243. (a) The county superintendent of schools shall keep, open to
the inspection of the public, a register of warrants, showing the
fund upon which the requisitions have been drawn, the number, in
whose favor, and for what purpose they were drawn.
(b) The county superintendent of schools shall prescribe rules for
community college districts determined to be fiscally accountable,
pursuant to Section 85266, that retain copies of warrants and
supporting documents within the district files.
85244. (a) Orders for the payment of wages and payroll orders for
the payment of wages of employees employed full time in positions
that are not academic positions shall be drawn twice during each
calendar month on days designated in advance by the governing board
of each community college district to which this section is made
applicable. Labor performed between the 1st and 15th days, inclusive,
of any calendar month shall be paid for between the 16th and 26th
day of the month during which the labor was performed, and labor
performed between the 16th and the last day, inclusive, of any
calendar month, shall be paid for between the 1st and 10th day of the
following month.
(b) The governing board of each community college district that
has 5,000 or more full-time equivalent students (FTES), and the
governing board of each district with less than 5,000 FTES in a
county with a population in excess of 4,000,000 persons as determined
by the 1960 federal census, shall make this section applicable to
the board, whenever a majority of the employees of the district
employed full time in positions that are not academic positions
petition the board in writing to do so.
(c) The governing board of a community college district that has
less than 5,000 FTES, other than a community college district
situated in a county with a population in excess of 4,000,000 persons
as determined by the 1960 federal census, may, on the petition in
writing of a majority of the employees of the district employed full
time in positions that are not academic positions, make this section
applicable to the board.