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

Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts

employee shall be determined by the community college district. The

frequency of appointment, length of employment, and the circumstances

appropriate for the appointment of firms or individuals under emergency

appointments shall be restricted to prevent the use of emergency

appointments to circumvent the regular hiring process.

7. E

QUIPMENT OR

ATERIALS

VAILABLE FROM

ISTRICT

A personal-services contract is also permissible when it will provide equipment, materials,

facilities, or support services that could not feasibly be provided by the community college

district in the location where the services are to be performed.

8. S

ERVICES ARE OF

RGENT

, T

EMPORARY

CCASIONAL

ATURE

A community college may hire under a personal-services contract where the services are of such

an urgent, temporary, or occasional nature that the delay incumbent in their implementation

under the community college district’s regular or ordinary hiring process would frustrate their

very purpose.

LCW Practice Advisor

Again, merit system districts should note that under

Education Code section 88076, community college

districts must classify employees whose contribution

consists solely of the rendition of individual personal

services and does not fall within the scope of the

following exceptions: Academic positions, Part-time

playground positions, Full-time students employed

part-time, Part-time students employed part time in

any college work-study program or in a work

experience education program conducted by a

community college that is financed by state or federal

funds, Apprentice positions, Professional experts hired

on a temporary basis for a specific project by the

governing board or by the commission when so

designated by the commission.

LCW Practice Advisor

The “test” for whether a community college district

may contract for services depends on the nature of

the services, necessary qualifications required of the

person furnishing the services, and the availability of

service from public sources.