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Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts
©2018 (c) Liebert Cassidy Whitmore
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3. P
ROCEDURES AND CHECKLIST FOR
R
ELEASING
A
DMINISTRATORS
a. Before Board Action
If appropriate, meet with administrator to communicate results of evaluation and intention
to recommend to Board non-reelection. (See Appendix C.)
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.