Human Resources Academy II for Community College Districts

the stoppage of public business or because of the limited duration of the work. The method of selection and the qualification standards for an emergency 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 so as to prevent the use of emergency appointments to circumvent the regular or ordinary hiring process.  The contractor 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.  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. 87

In determining whether a personal services contract is for performing one of the “special services,” enumerated in section 88003.1, courts generally consider the, “the nature of the services; the necessary qualifications required of a person furnishing the services; and the availability of the service from public sources.” 88 Services may also be special because of the outstanding skill or expertise of the person furnishing them. 89 Whether services are “special” is a question of fact. 90 Education Code section 88003.1 applies to all community college districts, including those that have adopted the merit system. 91 Personal service contracts entered into after January 1, 2003 are subject to the provisions of this section but, where the contract was entered into before that date, personal services contracts renewed or rebid (whether or not with the same contractor) subsequent to that date are not subject to section 88003.1. 92 D. C OLLECTIVE B ARGAINING I SSUES The decision to subcontract work by a district raises collective bargaining issues. If the purpose of the decision is to reduce labor costs (including any subcontract pursuant to section 88003.1(a)) it must be negotiated. In contrast, if the subcontracting is for purposes other than cost saving (i.e. those purposes set forth in section 88003.1(b)), the district may not need to bargain the decision to subcontract. The duty to bargain in this context depends largely on whether the subcontracting will result in the removal of existing work for unit employees. Where the subcontract will result in removal of existing work, the decision to subcontract must be negotiated. However, note that the purposes set forth in section 88003.1(b) describe situations that are largely premised on a district’s lack of internal resources to perform the work. Thus, subcontracting in this context should have less impact on existing unit work than a subcontract for cost-saving purposes. This explains why the decision to subcontract for cost-savings

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