Name That Section - Frequently Used Education Code and Title 5 Sections for Community College Districts

Pursuant to Government Code section 54957: Public Employee Discipline/Dismissal/Release.

 Send notice at least 24 hours in advance of the board meeting to the affected administrator, giving him/her notice that in the closed session, the Board may hear charges or complaints about the administrator, and giving him/her the opportunity to request an open hearing.  Board Action – must occur before March 15 for administrators on a one-year contract or six months before end of contract for administrators on a multi-year contract. If a multi- year contract specifies a shorter notice period, the District should give notice according to the terms of the contract.  Only if administrator requests an open hearing: In open session, President/Superintendent states to Board that he or she is recommending the non-reelection of the academic administrator in the position of [job title]. Board President then invites any member of the public who has signed up properly to speak on the item.  If the administrator does not request an open hearing: In closed session, the President/Superintendent informs the board of the recommendation that the administrator not be re-elected for another term.  The Board deliberates in closed session, and votes whether to give the administrator notice of non-reelection. Appendix D includes a Resolution for the Board to consider.  Only if the Board decides to give the notice: The Board in open session announces, “In closed session, the Board determined to give a notice of release and non-reassignment to an academic administrator in the position of [job title]. [The vote was unanimous] or [Members A, B, C, D voted in favor. Members E, F and G voted against.]

Note: If the Board decides not to give the notice, the Board does not announce anything out of the closed session .

b. Following Board Action

 Before March 15 for administrators on a one-year contract or six months before the end of contract for administrators on a multi-year contract (or before the time to give notice according to the term of the contract): Letter to administrator from Superintendent/President confirming that the Board has taken action. (See Appendix E.)

The following applies only if administrator has completed two years of satisfactory service:

1. Evaluate whether administrator meets minimum qualifications for a faculty- service area. 2. If so, determine whether district has a probationary faculty position for administrator.  After the March 15 letter and before June 30, send a second letter confirming that the administrator’s assignment will end on June 30. (See Appendix F.) For an administrator on a multi-year contract, this letter must be sent after the six-month notice and before the end of contract unless the contract specifies a shorter notice period.

Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts ©2019 (c) Liebert Cassidy Whitmore 26