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

Section 7

ARTICIPATORY

OVERNANCE

California community colleges are required to “consult collegially” with their employees’

classified and academic senates, as well as their students’ senate.

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PERB has made clear that

senate consultation may not intrude upon the mandatory subjects of bargaining, and that

consulting with an employee senate on a subject of bargaining constitutes an unfair labor

practice. However, distinguishing between the appropriate spheres for labor organizations and

senates can be challenging.

Briefly, the regulations limit

academic

senate consultation to “academic and professional

matters” within 11 enumerated categories: (1) curriculum; (2) degree and certificate

requirements; (3) grading policies; (4) educational program development; (5) standards or

policies regarding student preparation/success; (6) district and college governance structures, as

related to faculty roles; (7) faculty roles in accreditation; (8) policies for faculty professional

development activities; (9) program review processes; (10) institutional planning processes; and

(11) other academic and professional matters, as are mutually agreed upon between the

governing board and the academic senate. However, this list leaves much room for interpretation

over whether consultation with the academic senate would usurp the authority of the exclusive

representative. Indeed, there are areas of overlap where particular care must be taken. For

example, Education Code section 87610.1, subdivision (a) requires that in districts where tenure

evaluation procedures are collectively bargained, the faculty’s exclusive representative must

consult with the academic senate before engaging in collective bargaining on these procedures.

In short, where districts are unsure as to whether a matter involves a mandatory subject of

bargaining, they should consult with counsel before engaging in discussions on the matter with

their senates.

The Education Code also provides for a limited consultative role for

classified

senates. Districts

have an obligation under Education Code section 70902 and the districts’ own policies and

procedures, to ensure that classified employees have an appropriate opportunity to be heard on

matters that significantly impact their employment. Further, staff must be given “an opportunity

to participate in the formulation and development” of any matters that significantly affect

staff.

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Thus, districts should include classified representation on any governance group that

addresses issues significantly affecting the classified service.

Education Code section 70901.2 also directs the manner of appointment of classified members to

governance task forces. Where a district has made a decision to include classified staff on a

college or district task force, committee, or other governance group, Section 70901.2 specifically

invests the

exclusive representative

with the right to appoint such a representative.

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However,

section 70901.2 does

not

create a right of representation on such task forces. The exclusive

representative’s appointment rights are only triggered after the district has made a determination

to include classified staff on the governance committee or task force. Further, this right applies

only to “governance” groups. Governance groups are those which establish policies and

procedures—rather than apply existing policies and procedures to specific circumstances. Thus,

for example, a committee to establish criteria for selecting an architect could be a governance

function. But a committee established to apply those criteria to particular applicants is not a