SECTIONS 89550-89557 - California Statutes

EDUCATION CODE

SECTION 89550-89557

89550. (a) It shall be the policy of the California State
University to provide stability of employment by foreseeing and
avoiding unnecessary reductions in staff. However, when this is not
possible due to lack of funds or lack of work, the staff shall be
reduced in accordance with this article. The classes or teaching
service areas to be reduced and the employees therein to be laid off
shall be determined, in accordance with the provisions of this
article, by the president of the campus after consultation with the
employees and others in the same classes, specializations within
classes, or teaching service areas and other persons as appropriate,
including faculty and administrators. The chancellor shall make all
determinations for the office of the chancellor.
(b) The office of the Chancellor of the California State
University shall make a survey of all campuses in order to ascertain
the availability of suitable positions where staff to be laid off may
seek relocation. To the extent staff resources permit, similar
efforts shall be made with respect to colleges and universities
outside the California State University.
(c) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if the
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.

89551. (a) Layoff of administrative and nonacademic employees shall
be by class within a particular campus, or within the office of the
chancellor.
(b) Layoff of academic employees shall be by teaching service area
within a campus.
(c) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if such
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.

89552. (a) Whenever a determination has been made that there is a
lack of funds or lack of work, employees in a class or teaching
service area to be reduced shall be laid off in the following order:
(1) The Chancellor of the California State University or a
president of a state university may, at his or her discretion,
without regard to the class or teaching service area to be reduced,
separate from service any student assistant, instructor for extension
service, person employed on a temporary basis, or, with respect to
employment in a summer session, any member of the faculty of a campus
summer session. Persons described in this paragraph, if performing
the same or comparable work as that performed by a probationary or
permanent employee, shall be separated before any probationary or
permanent employee desiring to continue in employment is laid off
pursuant to the provisions of this article.
(2) Probationary employees not employed on a temporary basis,
without regard to length of service.
(3) Permanent employees:
(A) If the area of layoff is in administrative or nonacademic
classes, permanent administrative and nonacademic employees in the
inverse order of their length of employment both in the class and in
class of equal or higher rank.
(B) If the area of layoff is in class or rank positions, permanent
academic employees in the inverse order of their length of
employment at the campuses.
(C) If the area of layoff is in the closely related academic area,
permanent employees in the inverse order of their length of
employment in the class or in classes of equal or higher level at the
campuses.
(b) If the layoff is in a class, part-time employees shall be
credited with the service at the campus in the proportion that the
actual time employed bears to full-time employment. If the layoff is
in a teaching service area, part-time permanent employees shall be
credited with service as permanent employees of the campus in the
proportion that the actual time served as permanent employees bears
to full-time employment.
(c) In case two or more employees in the class or teaching service
area are tied for a place in the order of layoff, the president or
the chancellor, as appropriate to the place of employment, shall
determine which of the employees shall be laid off.
(d) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if the
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.

89553. (a) After a determination has been made of the class or
teaching service area to be reduced and the number of employees in
such class or area to be laid off, the president or chancellor shall
notify each employee to be laid off, that the employee is being laid
off for lack of funds or lack of work. Such notice shall be in
writing and mailed by certified mail, return receipt requested, to
the employee's last known address, or the notice may be delivered to
the employee in person who shall acknowledge receipt of the notice in
writing. The notice shall specify the effective date of layoff and
shall be delivered to the employee or mailed to the employee's last
known resident address at least 30 days, whenever possible, prior to
the effective date of the layoff. When curricular shifts or other
program changes, which can be anticipated, are to be made those who
will be laid off will normally be notified at least one year in
advance.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if such
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.

89554. (a) An employee to be laid off may elect to accept such
layoff prior to the date named in the notice of layoff. If an
employee elects to accept early layoff, he should give as much notice
as possible.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if such
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.

89555. (a) In lieu of being laid off, an administrative or
nonacademic employee may elect demotion or transfer to any class in
which he has served as a permanent employee or to any vacancy for
which he is qualified.
(b) In lieu of being laid off, an academic teaching employee
actively employed at a campus during the academic year 1975-76 or
prior thereto at such campus may elect transfer to that other
teaching service area in which he or she has served longest during
the preceding four years at the particular campus if both of the
following conditions exist:
(1) If the employee, during the four-year period immediately
preceding the date of the mailing of the layoff notice, taught at
least 24 semester units or 36 quarter units in any one teaching
service area other than the teaching service area in which he or she
is teaching on the date of the mailing of the layoff notice provided
that only such units as have accrued during the academic year 1975-76
and prior thereto may be utilized for purposes of transfer under
this section.
(2) If the employee has not previously during that year elected
transfer in lieu of layoff.
(c) In the event an employee elects demotion or transfer, his
place for layoff purposes in the class or teaching service area to
which he elects demotion or transfer shall be determined in
accordance with this article.
(d) An employee electing demotion or transfer shall notify the
president or chancellor in writing of his election within five
calendar days after receipt of the notice of layoff.
(e) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if such
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.

89556. (a) The president at each campus, and the chancellor at the
office of the chancellor, shall establish and maintain reemployment
lists of all permanent employees laid off for lack of funds or lack
of work during the preceding five-year period. Laid-off permanent
employees shall be listed by class or teaching service area
corresponding to the class or teaching service area from which they
were laid off.
(b) In the event there is a vacancy at a campus or at the office
of the chancellor, for which there exists no reemployment list, the
position may be offered to the persons in the appropriate class or
teaching service area who are on mandatory reemployment lists at
another campus or the office of the chancellor.
(c) A person shall deliver or cause to be delivered his acceptance
of an offer with the following times:
(1) When the person resides in the city from which the offer is
mailed, five days after the date the offer is received.
(2) When the person resides outside such city, seven days after
the offer is received.
(3) When the offer is made by telephone or telegram, 48 hours
after the offer is received. While a prudent effort shall be made to
contact the person eligible for reemployment, it is his
responsibility to keep the office maintaining the reemployment list
informed of where he may be reached readily.
(d) Any person on a reemployment list who cannot be reached within
five days, or who fails to reply to an offer of reemployment as
required by this section, shall be deemed to have declined the offer.
Such failure by any person may be excused by the president or
chancellor at his discretion. If the failure is excused, the person
may be reemployed or his name may be continued on the reemployment
list if the vacancy has already been filled.
(e) Any person on a reemployment list may request inactive status
for a prescribed period of not to exceed one year.
(f) Any person on the reemployment list who declines two offers of
reemployment shall be removed from the list. Any person removed from
a reemployment list may be restored to his relative position on the
list at the discretion of the president or chancellor upon a showing
of good cause.
(g) Any employee reemployed pursuant to this article shall be
reemployed in a class at a level at least equal to that from which he
was laid off.
(h) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if such
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.

89557. The trustees shall adopt appropriate rules and guidelines
relating to the implementation of the Reduced Worktime Act in Article
1.6 (commencing with Section 19996.20) of Chapter 7 of Part 2.6 of
Division 5 of Title 2 of the Government Code, for employees of the
California State University.