Human Resources Academy II for Community College Districts

purposes pursuant to 88003.1(a) is always subject to negotiations. Additionally, whether or not the decision to subcontract is negotiable, the effects of subcontracting on unit employees must still be negotiated. 93 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. However, any such waiver must be clear, unmistakable and knowing. 94

A DMINISTRATOR C ONTRACTS

Section 9

A. E MPLOYMENT BY A SSIGNMENT OR C ONTRACT Education Code Section 72411(a) mandates that all “educational administrators” be employed by the governing board by an appointment or contract of up to four years. The section also permits, but does not mandate, that all other administrators be employed in this manner. The parties are not required to wait until expiration of the term of an assignment or contract to revise its terms. Rather, 72411(a) also provides that, with the consent of the administrator, the board can terminate the contract or assignment, effective the following July 1, and reemploy the administrator for a new term, on any terms and conditions to which they mutually agree. B. N ONRENEWAL OF A DMINISTRATOR C ONTRACTS Pursuant to Education Code section 72411(b), if the board decides not to reemploy an administrator at the expiration of the administrator’s appointment or contract, the board must give the administrator written notice of this determination. Where the administrator’s appointment or term is longer than a year, the notice must be given at least six months in advance of the expiration of the appointment or contract, unless the contract or appointment provide otherwise. If the appointment or term does not exceed a year, the administrator must be notified that he or she will not be reemployed for the following college year on or before March 15. The consequences for failing to provide the required notice are significant. Section 72411(c) provides that, if the board fails to give the required notice, the administrator is deemed to be reemployed for a term of the same duration as the one completed, with all other terms and conditions unchanged. In other words, if a district misses the statutory or contractual notice deadline for an administrator with a four-year contract, he or she is deemed reemployed for four years. Thus, it is critically important that districts calculate and calendar the notice of nonrenewal deadlines for each administrator contract. Often, administrators negotiate contracts with longer notice periods than the six months provided by statute. These deadlines should be calendared at the time the contract is executed to avoid missing the deadline and inheriting an administrator for a lengthy term that the district had intended to release. However, an employee may not intentionally avoid service of the notice and then claim that the District failed to give notice. 95

Human Resources Academy II for Community College Districts ©2019 (c) Liebert Cassidy Whitmore 50