SECTIONS 88160-88168 - California Statutes

EDUCATION CODE

SECTION 88160-88168

88160. The governing board of any community college district,
including city boards of education, shall fix and order paid the
compensation of persons a part of the classified service and other
nonacademic employees employed by the board unless otherwise
prescribed by law.

88162. (a) The governing board of any community college district
shall, not later than the date prescribed by law for approval of the
publication budget of every year, fix the annual salaries for the
ensuing school year for all persons employed by the district in
nonacademic positions. The governing board may, at the time, include
an increase in those annual salaries, all or part of which increase
is conditional upon the actual receipt by the district of anticipated
revenue from all sources. If the revenue actually received is less
than that anticipated, the governing board may, at any time during
the school year, reduce those annual salaries by an amount not to
exceed the amount which was granted subject to the receipt of such
revenues.
(b) The governing board of a community college district may, at
any time during the school year, increase the salaries of persons
employed by the district in nonacademic positions. The increase shall
be effective on any date ordered by the governing board.
(c) A governing board may, at any time, increase the wages or
salaries of classified employees if the board or, in a merit system
district, the personnel commission approves a classification change
in a position, a class of positions, or any or all of the positions
or classes of positions a part of the classified service.
(d) The provisions of this section shall not be construed to
permit a governing board to demote or dismiss an employee as a result
of reclassification of a position or class of positions except as
may otherwise be permitted by law.
(e) This section shall apply to districts that have adopted the
merit system in the same manner and effect as if it were a part of
Article 3 (commencing with Section 88060) of this chapter.

88163. If the governing board of a community college district
cannot comply with the provisions of subdivision (a) of Section 88162
because it is engaged in a study, which was commenced prior to the
commencement of the school year, to increase the salaries and wages
of persons employed by the district in nonacademic positions, the
board may, by appropriate action taken prior to the final adoption of
its budget, do either of the following:
(a) Adopt an interim salary schedule which shall be the same
schedule as for the preceding year, except that increases may be
granted at that time based upon increased cost-of-living indexes, and
provide that the salaries and wages fixed as a result of the study
shall be payable for the entire school year to include the period
thereof in which the study was conducted and final board action
taken.
(b) Provide that the salaries and wages fixed as a result of the
study shall be effective only for that portion of the school year, as
determined by the board at the time it takes action after the study
has been completed. "Portion of the school year," as used in this
subdivision shall not be for any period of time less than the period
of time remaining in the school year from the date the governing
board adopts the salary schedule based on the study commenced prior
to that school year.

88164. The governing board of any community college district not
paying the annual or monthly salaries of persons employed by the
district in 12 equal monthly payments may withhold, upon election by
the individual employee, from each payment made to that employee an
amount as follows:
(a) For an employee employed 11 months of a year, an amount equal
to 8 1/3 percent thereof and the total amount deducted to be paid not
later than the 10th day of September next succeeding.
(b) For an employee employed 10 months of a year, an amount equal
to 16 2/3 percent thereof and the total amount deducted to be paid in
two equal monthly installments not later than the 10th day of August
and the 10th day of September next succeeding.
(c) For an employee employed nine months a year, an amount equal
to 25 percent thereof and the total amount deducted to be paid in
three equal monthly installments not later than the 10th day of July,
the 10th day of August and the 10th day of September next
succeeding.
If Section 85244 is made applicable to any district, this section
shall apply except that the amount deducted from each regular pay
period and ultimate dates for payment of the amount deducted shall be
computed and set in accordance with the system adopted under Section
85244.
Once an employee has elected to be brought under the provisions of
this section, the election shall not be revocable until the
commencement of the next ensuing fiscal year. However, if any
employee leaves the service of the district by death or otherwise
before receiving moneys that may be due him or her, the amount due
the employee shall be paid within 30 days of the last working day to
the employee or any other person entitled thereto by law.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
3 (commencing with Section 88060).

88165. Orders for the payment of wages and payroll orders and
warrants for the payment of wages of employees a part of the
classified service in any community college district shall be drawn
at least once during each calendar month, for those districts not
using Section 85244 or 85260. Payment shall be made on the last
working day of the month in which the employee was in paid status.
This section shall not prohibit a community college district from
making a payment of earned salary prior to the last working day of
the pay period or of the month.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
3 (commencing with Section 88060).

88166. Whenever it is determined that an error has been made in the
calculation or reporting in any classified employee payroll or in
the payment of any classified employee's salary, the appointing
authority shall, within five workdays following such determination,
provide the employee with a statement of the correction and a
supplemental payment drawn against any available funds.

88167. (a) Except as provided in subdivision (b), the governing
board of each community college district, when drawing an order for
the salary or wage payment due to a classified employee of the
district, may, without charge, reduce the order by the amount which
it has been requested in a revocable written authorization by the
employee to deduct for the payment of dues in, or for any other
service provided by, any bona fide organization, of which the
employee is a member, whose membership consists, in whole or in part,
of employees of that district, and which has, as one of its
objectives, improvements in the terms or conditions of employment for
the advancement of the welfare of those employees.
The revocable written authorization shall remain in effect until
expressly revoked in writing by the employee. Whenever there is an
increase in the amount required for such a payment to the
organization, the employee organization shall provide the employee
with adequate and necessary data on the increase at a time
sufficiently prior to the effective date of the increase to allow the
employee an opportunity to revoke the written authorization, if
desired. The employee organization shall provide the public school
employer with notification of the increase at a time sufficiently
prior to the effective date of the increase to allow the employer an
opportunity to make the necessary changes and with a copy of the
notification of the increase which has been sent to all concerned
employees.
Upon receipt of a properly signed authorization for payroll
deductions by a classified employee pursuant to this section, the
governing board shall reduce the employee's pay warrant by the
designated amount in the next pay period following the closing date
for receipt of changes in pay warrants.
The governing board, on the same designated date of each month,
shall draw its order upon the funds of the district in favor of the
organization designated by the employee for an amount equal to the
total of the respective deductions made with respect to such
organization during the pay period.
The governing board shall not require the completion of a new
deduction authorization when a dues increase has been effected or at
any other time without the express approval of the concerned employee
organization.
(b) The governing board of each community college district, when
drawing an order for the salary or wage payment due to a classified
employee of the district may, without charge, reduce the order for
the payment of dues to, or for any other service provided by, the
certified or recognized organization of which the classified employee
is a member, or for the payment of service fees to the certified or
recognized organization as required in an organizational security
arrangement between the exclusive representative and a community
college district employer as provided under Chapter 10.7 (commencing
with Section 3540) of Division 4 of Title 1 of the Government Code.
However, the organizational security arrangement shall provide that
any employee may pay service fees directly to the certified or
recognized employee organization in lieu of having the service fees
deducted from the salary or wage order.
(c) This section shall apply to districts that have adopted the
merit system in the same manner and effect as if it were a part of
Article 3 (commencing with Section 88060).

88167.5. (a) Notwithstanding any other provision of law, the
governing board of a community college district that collects or
deducts dues, agency fees, fair share fees, or any other fee or
amount of money from the salary of a classified employee for the
purpose of transmitting the money to an employee organization shall
transmit the money to the employee organization within 15 days of
issuing the paycheck containing the deduction to the employee.
(b) (1) This section does not limit the right of an employee
organization or affected employee to sue for a failure of the
employer to transmit dues or fees pursuant to this section.
(2) In an action brought for a violation of subdivision (a), the
court may award reasonable attorney's fees and costs to the
prevailing party if any party to the action requests attorney's fees
and costs.
(c) This section applies to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
3 (commencing with Section 88060).

88168. Upon initial employment and upon each change in
classification thereafter, each classified employee shall be
furnished two copies of his or her class specification, salary data,
assignment or work location, together with duty hours and the
prescribed workweek. The salary data shall include the annual,
monthly or pay period, daily, hourly, overtime and differential rate
of compensation, whichever are applicable. One copy shall be retained
by the employee and the other copy shall be signed and dated by the
employee and returned to his or her supervisor.
This section shall not apply to short-term, limited-term, or
provisional employees, as those terms are defined in this chapter.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
3 (commencing with Section 88060).