SECTIONS 87031-87045 - California Statutes

EDUCATION CODE

SECTION 87031-87045

87031. (a) Every employee has the right to inspect personnel
records pursuant to Section 1198.5 of the Labor Code.
(b) In addition to subdivision (a), all of the following shall
apply to an employee of a school district:
(1) Information of a derogatory nature shall not be entered into
an employee's personnel records unless and until the employee is
given notice and an opportunity to review and comment on that
information. The employee shall have the right to enter, and have
attached to any derogatory statement, his or her own comments. The
review shall take place during normal business hours and the employee
shall be released from duty for this purpose without salary
reduction.
(2) The employee shall not have the right to inspect personnel
records at a time when the employee is actually required to render
services to the district.
(3) Nothing in this section shall entitle an employee to review
ratings, reports, or records that (A) were obtained prior to the
employment of the person involved, (B) were prepared by identifiable
examination committee members, or (C) were obtained in connection
with a promotional examination.

87032. The governing board of a community college district shall
provide for the payment of the actual and necessary expenses,
including traveling expenses, of any employee of the district
incurred in the course of performing services for the district,
whether within or outside the district, under the direction of the
governing board. The board may authorize an advance of funds to cover
such necessary expense. Such advance shall be repaid or adjusted
upon filing of a regular claim for the actual and necessary expenses
incurred. The governing board may direct any employee of the district
to attend any convention or conference or to visit schools for the
discussion or observation of any school matter appertaining to the
duties of the employee or any question of interest to the district.

87035. (a) The governing board of a community college district may
grant leaves of absence to employees to appear as a witness in court
other than as a litigant or to respond to an official order from
another governmental jurisdiction for reasons not brought about
through the connivance or misconduct of the employee.
(b) The governing board of a community college district may grant
leaves of absence to employees, in academic positions regularly
called for jury duty in the manner provided for by law.
(c) The governing board may grant such leaves of absence with pay
up to the amount of the difference between the employee's regular
earnings and any amount he or she receives for jury or witness fees.

87036. The governing board of a community college shall grant leave
of absence to any employee serving in a classified or other
nonacademic position regularly called for jury duty in the manner
provided for by law. The governing board shall grant such leave with
pay up to the amount of the difference between the employee's regular
earnings and any amount he or she receives as juror's fees.
It is unlawful for the governing board or personnel commission of
any community college district to adopt or maintain any rule,
regulation, or policy which has as its purpose or effect a tendency
to encourage employees to seek exemption from jury duty, or to
directly or by indirection solicit or suggest to any employee that he
or she seek exemption from jury duty, or to discriminate against any
employee with respect to assignment, employment, promotion, or in
any other manner because of such employee's service on any jury
panel.
Nothing in the foregoing provisions shall preclude the district
superintendent or his or her agent from discussing with the affected
employee the practicality of seeking exemption when acceptance would
tend to materially disrupt the district's operations.

87038.5. No contract with any insurer or other employee welfare
benefit provider shall be approved or renewed if an administrative
employee of a community college district, or any employee
organization, as defined pursuant to subdivision (d) of Section
3540.1 of the Government Code, or any employee or agent thereof, has
a direct financial interest in any plan or program which is being
approved or renewed. The provisions of this section shall not apply
to any employee welfare benefit fund jointly administered by one or
more employers and one or more employee organizations or to any
employee welfare benefit fund established by the community college
district for the purpose of self insuring.
As used in this section, "direct financial interest" means the
receipt of or entitlement to a commission, fee, or other
remuneration, including the payment of fees for administrative
services rendered on behalf of such plans.

87039. It shall be unlawful for any person authorized to invoke
disciplinary action against any employee of a community college
district either in his or her individual capacity or as a member of
any board, to invoke or attempt to invoke disciplinary action against
any such employee or to discriminate against such employee in the
terms, conditions, and privileges of employment solely because of the
employee's appearance before the governing board of a district, the
county board of education, legislative committees, or any other duly
constituted governmental board, commission or council, whether such
appearance was undertaken voluntarily or otherwise.
Violation of the provisions of this section shall be a
misdemeanor.

87040. (a) (1) The governing board of each community college
district when drawing an order for the salary payment due to
employees of the district shall, without charge, reduce the order by
the amount which it has been requested in a revocable written
authorization by the employee to deduct for any or all of the
following purposes:
(A) Paying premiums on any policy or certificate of group life
insurance for the benefit of the employee or for group disability
insurance, or legal expense insurance, or any of them, for the
benefit of the employee or his or her dependents issued by an
admitted insurer on a form of policy or certificate approved by the
Insurance Commissioner.
(B) Paying rates, dues, fees, or other periodic charges on any
hospital service contract for the benefit of the employee, or his or
her dependents, issued by a nonprofit hospital service corporation on
a form approved by the Insurance Commissioner pursuant to the
provisions of Chapter 11A (commencing with Section 11491) of Part 2
of Division 2 of the Insurance Code.
(C) Paying periodic charges on any medical and hospital service
agreement or contract for the benefit of the employee, or his or her
dependents, issued by a nonprofit corporation subject to Part 2
(commencing with Section 5110) of, Part 3 (commencing with Section
7110) of, or Part 11 (commencing with Section 10810) of, Division 2
of Title 1 of the Corporations Code.
(D) Paying periodic charges on any legal services contract for the
benefit of the employee, or his or her dependents issued by a
nonprofit corporation subject to Part 3 (commencing with Section
7110) of, or Part 11 (commencing with Section 10810) of, Division 2
of Title 1 of the Corporations Code.
(2) This subdivision shall not apply to subdivision (b).
(b) For purposes of a deferred compensation plan authorized by
Section 403(b) or 457 of the Internal Revenue Code or an annuity
program authorized by Section 403(b) of the Internal Revenue Code
that is offered by the community college district which provides for
investments in corporate stocks, bonds, securities, mutual funds, or
annuities, except as prohibited by the California Constitution, the
governing board of each community college district when drawing an
order for the salary payment due to an employee of the district
shall, with or without charge, reduce the order by the amount which
it has been requested in a revocable written authorization by the
employee to deduct for participating in a deferred compensation plan
or annuity program offered by the community college district. The
governing board shall determine the cost of performing the requested
deduction and may collect that cost from the organization, entity, or
employee requesting or authorizing the deduction. For purposes of
this subdivision, the governing board of a community college district
is entitled to include in the amounts reducing the order the costs
of any compliance or administrative services that are required to
perform the requested deduction in compliance with federal or state
law, and may collect these costs from the participating employee, the
employee's participant account, or the organization or entity
authorizing the deduction.
(c) The governing board of the district shall, beginning with the
month designated by the employee and each month thereafter until
authorization for the deduction is revoked, draw its order upon the
funds of the district in favor of the insurer which has issued the
policies or certificates or in favor of the nonprofit hospital
service corporation which has issued hospital service contracts, or
in favor of the nonprofit corporation which has issued medical and
hospital service or legal service agreements or contracts, for an
amount equal to the total of the respective deductions therefor made
during the month. The governing board may require that the employee
submit his or her authorization for the deduction up to one month in
advance of the effective date of coverage.
(d) "Group insurance" as used in this section shall mean only a
bona fide group program of life or disability or life and disability
insurance where a master contract is held by the community college
district or an employee organization but it shall, nevertheless,
include annuity programs authorized by Section 403(b) of the Internal
Revenue Code when approved by the governing board.

87040.5. (a) For purposes of this section, the following
definitions shall apply:
(1) "Annuity contract" means an annuity contract described in
Section 403(b) of the Internal Revenue Code that is available to
employees as described in Section 770.3 of the Insurance Code.
(2) "Custodial account" means a custodial account described in
Section 403(b)(7) of the Internal Revenue Code.
(3) "Deferred compensation plan" means a plan described in Section
457 of the Internal Revenue Code.
(4) "Third-party administrator" means a person or entity that
provides administrative or compliance services to a community college
district as described in subdivision (b).
(b) A community college district may enter into a written contract
with a third-party administrator for services regarding an annuity
contract and custodial account or a deferred compensation plan
provided by the community college district. That contract may include
any of the following:
(1) Services to ensure compliance with either Section 403(b) of
the Internal Revenue Code regarding the annuity contract and
custodial account or Section 457 of the Internal Revenue Code
regarding a deferred compensation plan, including, but not limited
to, any of the following:
(A) Administer and maintain written plan documents governing the
community college district's plan.
(B) Review and authorize hardship withdrawal requests under
Section 403(b) of the Internal Revenue Code, transfer requests, loan
requests, unforeseeable emergency withdrawals under Section 457 of
the Internal Revenue Code and other disbursements permitted under
either Section 403(b) or 457 of the Internal Revenue Code.
(C) Review and determine domestic relations orders as qualified
domestic relations orders as described in Section 414(p) of the
Internal Revenue Code.
(D) Provide notice to eligible employees that is consistent with
Title 26 of the Code of Federal Regulations that those employees may
participate in an annuity contract and custodial account.
(E) Administer and maintain specimen salary reduction agreements
for the community college district and employees of that community
college district to initiate payroll deferrals.
(F) Monitor, from information provided either directly from the
employee, as part of the common remitting services provided pursuant
to paragraph (2), through information provided by the community
college district, or through information provided by vendors
authorized by the community college district to provide investment
products, the maximum contributions allowed by employees
participating in either the annuity contract and custodial account as
described in Sections 402(g), 414(v), and 415 of the Internal
Revenue Code or the deferred compensation plan as described in
Section 414(v) or 457 of the Internal Revenue Code.
(G) Calculate and maintain vesting information for contributions
made by the community college district to the annuity contract and
custodial account or deferred compensation plan.
(H) Identify and notify employees that are required to take a
minimum distribution of the funds in that employee's annuity contract
and custodial account or deferred compensation plan as described in
Section 401(a)(9) of the Internal Revenue Code.
(I) Coordinate responses to the Internal Revenue Service if there
is an Internal Revenue Service audit of the annuity contract and
custodial account or deferred compensation plan.
(2) Services to administer the annuity contract and custodial
account or a deferred compensation plan that includes, but is not
limited to, all of the following:
(A) Common remitting services.
(B) General educational information to employees about the annuity
contract and custodial account or the deferred compensation plan
that includes, but is not limited to, the enrollment process, program
eligibility, and investment options.
(C) Internal reports for the community college district to ensure
compliance with either Section 403(b) or 457 of the Internal Revenue
Code and compliance with Title 26 of the Code of Federal Regulations.
(D) Consulting services related to the design, operation, and
administration of the plan.
(E) Internal audits, on behalf of a community college district, of
a provider's plan compliance procedures with respect to the provider'
s annuity contract or custodial account offered under the community
college district's plan. These audits shall not be conducted more
than once per year for any provider's plan unless documented evidence
indicates a problem in complying with either Section 403(b) or 457
of the Internal Revenue Code.
(c) (1) If a community college district elects to contract with a
third-party administrator for the administrative or compliance
services to community college districts described in subdivision (b),
the community college district shall do all of the following:
(A) Require the third-party administrator to provide proof of
liability insurance and a fidelity bond in an amount determined by
the community college district to be sufficient to protect the assets
of participants and beneficiaries in the annuity contract and
custodial account or deferred compensation plan.
(B) Require the third-party administrator to provide evidence of a
safe chain-of-custody of assets process for ensuring fulfillment of
fiduciary responsibilities and timely placement of participant
investments.
(C) Require evidence, if the third-party administrator is related
to or affiliated with a provider of investment products pursuant to
Section 403(b) or 457 of the Internal Revenue Code, that data
generated from the services provided by the third-party administrator
are maintained in a manner that prevents the provider of investment
products from accessing that data unless access to the data is
required to provide the services in accordance with the contract
entered into with the community college district pursuant to
subdivision (b).
(2) This subdivision shall apply to any administrative or
compliance services provided pursuant to a contract for services
between a community college district and the State Teachers'
Retirement System if the system does not contract with a third-party
administrator to provide those administrative and compliance services
on behalf of the system.
(d) A third-party administrator shall disclose to any community
college district seeking his or her services any fees, commissions,
cost offsets, reimbursements, or marketing or promotional items
received by the administrator, a related entity, or a representative
or agent of the administrator or related entity from any plan
provider selected as a vendor of an annuity contract, custodial
account, or deferred compensation plan by the community college
district. A third-party administrator that is affiliated with or has
a contractual relationship with a provider of annuity contracts,
custodial accounts, or deferred compensation plans shall disclose the
existence of the relationship to each community college district and
each individual participant in the annuity contract, custodial
account or deferred compensation plan.
(e) Any personal information obtained by the third-party
administrator in providing services pursuant to this section shall be
used by the third-party administrator only to provide those services
for the community college district in accordance with the contract
entered into with the community college district pursuant to
subdivision (b).
(f) Nothing in this section shall be construed to interfere with
either of the following:
(1) The rights of employees or beneficiaries as described in
Section 770.3 of the Insurance Code.
(2) The ability of the community college district to establish
nonarbitrary requirements upon providers of an annuity contract that,
in the community college district's discretion, aid in the
administration of its benefit programs and do not unreasonably
discriminate against any provider of an annuity contract or interfere
with the rights of employees or beneficiaries as described in
Section 770.3 of the Insurance Code.
(g) This section shall not apply to any services provided by a
third-party administrator pursuant to a contract for services between
a community college district and the State Teachers' Retirement
System. Any services provided by a third-party administrator pursuant
to a contract for services between a community college district and
the State Teachers' Retirement System shall be subject to either
Section 24953, in the case of an annuity contract or custodial
account, or Section 24977, in the case of a deferred compensation
plan.

87042. Any school employee of a community college district who is
absent because of injury or illness which arose out of and in the
course of the person's employment, and for which the person is
receiving temporary disability benefits under the workers'
compensation laws of this state, shall not be entitled to receive
wages or salary from the district which, when added to the temporary
disability benefits, will exceed a full day's wages or salary.
During such periods of temporary disability so long as the
employee has available for the employee's use sick leave, vacation,
compensating time off or other paid leave of absence, the district
shall require that temporary disability checks be endorsed payable to
the district. The district shall then cause the employee to receive
the person's normal wage or salary less appropriate deductions
including but not limited to employee retirement contributions.
When sick leave, vacation, compensating time off or other
available paid leave is used in conjunction with temporary disability
benefits derived from workers' compensation, as provided in this
section, it shall be reduced only in that amount necessary to provide
a full day's wage or salary when added to the temporary disability
benefits.

87043. Notwithstanding the provisions of Sections 87042, 87787 and
88192, a community college district may waive the requirement that
temporary disability checks be endorsed payable to the district, and
may in lieu thereof, permit the employee to retain his temporary
disability check, providing that notice be given to the district that
such check has been delivered to the employee. In such cases, the
district shall then cause the employee to receive his normal wage or
salary less appropriate deductions, including, but not limited to,
employee retirement contributions, and an amount equivalent to the
face amount of the temporary disability check, which the employee has
been permitted to retain. In all cases, employee benefits are to be
computed on the basis of the employee's regular wage or salary prior
to the deduction of any amounts for temporary disability payments.
Nothing contained herein shall be deemed to in any way diminish
those rights and benefits which are granted to a school employee
pursuant to the provisions of Sections 87042, 87787 and 88192.

87044. When a president or other community college official
releases a minor student of such school to a peace officer for the
purpose of removing the minor from the school premises, such school
official shall take immediate steps to notify the parent, guardian,
or responsible relative of the minor regarding the release of the
minor to such officer, and regarding the place to which the minor is
reportedly being taken.

87045. (a) The governing board of a community college district may
establish a catastrophic leave program to permit employees of that
district to donate eligible leave credits to an employee when that
employee or a member of his or her family suffers from a catastrophic
illness or injury.
For the purposes of this section, the following terms are defined
as follows:
(1) "Catastrophic illness" or "injury" means an illness or injury
that is expected to incapacitate the employee for an extended period
of time, or that incapacitates a member of the employee's family
which incapacity requires the employee to take time off from work for
an extended period of time to care for that family member, and
taking extended time off work creates a financial hardship for the
employee because he or she has exhausted all of his or her sick leave
and other paid time off.
(2) "Eligible leave credits" means vacation leave and sick leave
accrued to the donating employee.
(b) Eligible leave credits may be donated to an employee for a
catastrophic illness or injury if all of the following requirements
are met:
(1) The employee who is, or whose family member is, suffering from
a catastrophic illness or injury requests that eligible leave
credits be donated and provides verification of catastrophic injury
or illness as required by the governing board of the community
college district in which he or she is employed.
(2) The governing board of the community college district
determines that the employee is unable to work due to the employee's
or his or her family member's catastrophic illness or injury.
(3) The employee has exhausted all accrued paid leave credits.
(c) If the transfer of eligible leave credits is approved by the
governing board of the community college district, any employee may,
upon written notice to the governing board, donate eligible leave
credits at a minimum of eight hours, and in hour increments
thereafter.
(d) The governing board of a community college district that
provides a catastrophic leave program pursuant to this section shall
adopt rules and regulations for the administration of this section,
including, but not limited to, the following:
(1) The maximum amount of time for which donated leave credits may
be used, but not to exceed use for a maximum period of 12
consecutive months.
(2) The verification of catastrophic injury or illness required
pursuant to paragraph (1) of subdivision (b).
(3) Making all transfers of eligible leave credit irrevocable.
(e) An employee who receives paid leave pursuant to this section
shall use any leave credits that he or she continues to accrue on a
monthly basis prior to receiving paid leave pursuant to this section.
(f) Notwithstanding the provisions of this section, the governing
board of a community college district and an exclusive bargaining
representative of employees in that district may agree to include in
any collective bargaining agreement a provision setting forth
requirements for a catastrophic leave program.