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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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A district may be able to contract for services successfully without engaging in bargaining if
there is a management-rights clause or waiver in the collective bargaining agreement. Any such
waiver
must
be clear, unmistakable, and knowing.
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B. S
TATUTORY
P
ROVISIONS
A
LLOWING
P
ERSONAL
S
ERVICES
C
ONTRACTS
There are eight different circumstances under which a personal-services contract may be
permissible:
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To achieve cost savings under very specific conditions (See Section A
below);
Where a contract is mandated by the Legislature;
When certain services are not available within the District;
When the services are incidental to a contract for the purchase or lease of
real or personal property;
Where the contract is necessary to accomplish certain policy, administrative
or legal community college district goals and purposes, and are necessary to
protect against conflict of interest or to ensure independent and unbiased
findings;
For emergency appointments, not to exceed 60 working days;
When equipment or materials are not available from the district; or
When the services are of an urgent, temporary, or occasional nature.
1. T
O
A
CHIEVE
C
OST
S
AVINGS
W
HEN
A
LL OF THE
F
OLLOWING
C
ONDITIONS
A
RE
M
ET
:
Community college districts may enter into personal services contracts for all services currently
or customarily performed by classified school employees to achieve cost savings, provided that
all of the following conditions are met:
Clearly demonstrated overall cost savings:
The governing board or contracting agency must clearly demonstrate that the proposed contract
will result in actual overall cost savings to the community college district, provided that the
following principles are used in comparing costs:
Include the community college district’s additional cost of providing the
same service as proposed by a contractor. The additional costs include the
salaries and benefits of additional staff that would be needed and the cost of
additional space, equipment, and materials.
Exclude the community college district’s indirect overhead costs unless
these costs can be attributed solely to the function in question and would not
exist if that function was not performed by the community college district.