87801. The governing board of a community college district shall
fix and order paid the compensation of persons employed by the board
as academic employees unless otherwise prescribed by law.
87802. The governing board of each community college district shall
adopt and cause to be printed and made available to each academic
employee a schedule of salaries to be paid.
87804. The governing board of a community college district may
employ such temporary employees of the district as it deems necessary
and shall adopt and make public a salary schedule setting the daily
or pay period rate or rates for temporary employees.
This section shall not be construed as modifying or repealing any
law fixing a minimum annual salary for employees of district.
87806. The governing board of a community college district may at
any time during any school year increase the salaries of persons
employed by the district in academic positions. The increase shall be
effective on any date ordered by the governing board.
87807. The governing board of community college district shall not
decrease the annual salary of a person employed by the district in an
academic position for failure to meet any requirement of the
district that the person complete additional educational units,
course of study, or work in any college or university or any
equivalent thereof.
87809. If a community college district fails to pay the salary of
any person employed by it in an academic position who has on file a
contract of employment held valid by the legal adviser of the county
superintendent of schools having jurisdiction over the district, that
county superintendent of schools may transfer sufficient money from
the funds of the district to the county school service fund and pay
the salary from that fund.
87810. Whenever a person has rendered service in an academic
position, or the governing board of a district has employed a person
in an academic position or the county superintendent has drawn an
order for a warrant in favor of a person in an academic position, for
a period of service during which the person did not have the
qualifications required for the position as required by law, and when
as a result thereof the employment of the person to render the
service, the rendering of the service, the inclusion of the
attendance of students taught by the person in the average daily
attendance of the district, or the drawing of the order warrant for
the service of that person, is in violation of any provision of this
code, the employment, rendering of service, inclusion of attendance,
or drawing of the order for the warrant shall be deemed fully legal
for all purposes if the board of governors approves thereof in
accordance with this section.
The board of governors shall adopt rules and regulations to
establish procedures for a review in those cases and shall determine
whether the rendering of the service shall be approved and made fully
legal for all purposes. If the board gives its approval to the
rendering of such service, then the employment, inclusion of
attendance, and drawing of the order for the warrant shall be
automatically approved and made fully legal for all purposes.
Unless and until amended by the board of governors, the
regulations shall provide that the rendering of the service shall be
approved if either of the following circumstances apply:
(a) The board determines that the person rendering the service had
the necessary qualifications during the period of service in
question.
(b) The district governing board determines, through a process
that meets the requirements of Section 87359, and based on reasonable
evidence, that the person rendering the service had qualifications
that are at least equivalent to the qualifications specified in
regulations of the board of governors.
87815. A person in an academic position who serves less than a full
school year shall receive as salary only an amount that bears the
same ratio to the established annual salary for the position as the
number of working days he or she serves bears to the total number of
working days plus institutes in the annual school term, and any other
day when the employee is required by the governing board to be
present at the schools of the district. Notwithstanding any
provisions of this section to the contrary, a person in an academic
position who serves a complete semester shall receive not less than
one-half of the established annual salary for the position. This
section shall not be so construed as to prevent the payment of
compensation to a person while on leave of absence when the payment
of the compensation is authorized by law.
In the event any such person dies during the school year, his or
her estate shall be entitled to receive, as salary owed to the
decedent, an amount that bears the same ratio to the established
annual salary for the position as the number of working days he or
she served bears to the total number of working days plus institutes
in the annual school term, and any other day when the employee was
required by the governing board to be present at the schools of the
district, less any salary paid to the decedent prior to his or her
death.
87816. Notwithstanding the provisions of Section 87815, the
governing board of a community college district may adopt an
alternative method of computing the salary received by an academic
employee who serves less than a full school year.
The alternative method shall include the deduction from the
employee's regular salary of only that amount actually paid to a
substitute or, if a substitute is not employed, the amount which
would have been paid to a substitute had a substitute been employed.
For the purposes of this section, the amount which would have been
paid to a substitute is that amount established by the district in a
published salary schedule for substitute employees.
The alternative method shall only be applied upon authorization by
the community college board based upon individual employee
application and shall be limited to no more than five days per school
year for each employee.
87817. Notwithstanding the provisions of Section 87815 or any other
provision of law to the contrary, if a person is employed by a
community college district in an academic position at the beginning
of the second semester of a school year for services during that
semester, the compensation of the employee shall be not less than
one-half of the annual compensation for that position.
87818. Whenever a salary schedule increasing the salaries of its
academic employees is adopted by a community college district to be
effective at the commencement of the second semester of a school
year:
(a) The compensation of the employees shall not exceed one-half of
the annual compensation for their positions under the former salary
schedule for services during the first semester.
(b) The compensation of the employees shall not be less than
one-half of the annual compensation for their positions under the
newly adopted salary schedule for services during the second
semester.
This section shall not be construed to limit the time at which any
salary increase ordered by the governing board shall become
effective.
87821. Each salary payment for any calendar month may be made on
the last working day of the month and shall be paid not earlier than
the last working day of the month and not later than the fifth day of
the succeeding calendar month except that faculty employed for less
than full time in classes for adults, in a day or evening community
college, shall be paid on or before the 10th day of the succeeding
calendar month for services performed during the preceding calendar
month.
If the community college district provides for the payment of the
salary of employees employed in academic positions once each two
weeks, twice a month, or once each four weeks, each salary payment
may be made on the last working day of the payroll period and shall
be made not earlier than the last working day of the payroll period
and not later than the eighth working day of the following payroll
period.
This section shall not prohibit a district from making a payment
of earned salary prior to the last working day of the month or
payroll period.
87822. Except as provided in Section 87790, when any community
college district employs an academic employee to perform instruction
or other services in addition to his or her regular instructing
duties, or when a district employs an academic employee to perform
instructing or other services at a summer school maintained by the
district, the district shall pay the employee for those services
either in one lump sum or at an hourly, daily, biweekly,
quadriweekly, or monthly rate of pay. If the pay is in one lump sum,
the district shall pay the employee within 10 days after the
termination of the services. If the pay is at an hourly, daily,
biweekly, quadriweekly or monthly rate, the district shall pay the
employee within 10 days after the end of each calendar month or pay
period during which the services are performed.
87823. Instead of issuing a single warrant to each employee for
salary or wages the district may use a payroll form of warrant making
payment to two or more employees on one payroll warrant.
87824. When the payroll form of warrant is used, the approved and
allowed payroll warrant shall be deposited with the county treasurer,
who shall make payment to the employee or his order.
87825. When the payroll form of warrant is used the name of each
employee shall be listed.
87828. Except as otherwise provided in this code, no warrant shall
be drawn in favor of any academic employee, unless the officer whose
duty it is to draw the warrant is satisfied that the employee has
faithfully performed all the duties prescribed.
87831. Whenever reports are required to be filed with the county
superintendent of schools by academic employees of districts
authorized to issue warrants under the provision of Section 85266 and
the reports have not been filed, the county superintendent of
schools may direct the district in writing to withhold the salary
payment due the employee involved. The payment should not be released
to the employee until directed in writing by the county
superintendent of schools.
87832. For the purposes of Section 395 of the Military and Veterans
Code or any other provision of law providing for the payment of
salary or compensation to an employee of a community college district
while absent from duty because he or she is engaged in ordered
military or naval duty, the employee's salary or compensation for 30
days shall (a), with respect to an employee serving in an academic
position, be deemed to be one-tenth of the annual salary established
for the position and (b), with respect to an employee serving in a
classified position, be deemed to be one month's salary.
87833. Except as provided in Section 87834, the governing board of
each community college district, when drawing an order for the salary
payment due to an academic employee of the district, shall with or
without charge reduce the order by the amount which the board has
been requested in a revocable written authorization by the employee
to deduct for the purpose of paying the dues of the employee for
membership in any local professional organization, or in any
statewide professional organization, or in any other professional
organization affiliated or otherwise connected with a statewide
professional organization which authorizes the statewide organization
to receive membership dues on its behalf and for the purpose of
paying his or her pro rata share of the costs incurred by the
district in making the deduction. No charge shall exceed the actual
cost to the district of the dues deduction. Any revocation of a
written authorization shall be in writing and shall be effective
commencing with the next pay period.
Unless otherwise provided in an agreement negotiated pursuant to
Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1
of the Government Code, the governing board shall, no later than the
10th day of each pay period for academic employees, draw its order
upon the funds of the district in favor of the organization
designated by the employee for an amount equal to the total of the
dues deductions made with respect to that organization for the
previous pay period and shall transmit the total amount to that
organization no later than the 15th day of each pay period for
academic employees. When timely transmittal of dues payments by a
county is necessary for a community college district to comply with
the provisions of this section, the county shall act in a timely
manner. If the employees of a district do not authorize the board to
make a deduction to pay their pro rata share of the costs of making
deductions for the payment of dues, the board shall deduct from the
amount transmitted to the organization on whose account the dues
payments were deducted the actual costs of making the deduction.
The revocable written authorization shall remain in effect until
expressly revoked in writing by the employee. Whenever there is a
change in the amount required for the payment to the organization,
the employee organization shall provide the employee with adequate
and necessary data on the change at a time sufficiently prior to the
effective date of the change to allow the employee an opportunity to
revoke the written authorization, if desired. The employee
organization shall provide the public school employer with
notification of the change at a time sufficiently prior to the
effective date of the change to allow the employer an opportunity to
make the necessary adjustments and with a copy of the notification of
the change which has been sent to all concerned employees.
The governing board shall not require the completion of a new
deduction authorization when a dues change has been effected or at
any other time without the express approval of the concerned employee
organization.
87834. The governing board of each community college district when
drawing an order for the salary or wage payment due to an academic
employee of the district shall, with or without charge, reduce the
order for the payment of service fees to the certified or recognized
organization as required in an organizational security arrangement
between the exclusive representative and a public school employer as
provided under Chapter 10.7 (commencing with Section 3540) of
Division 4 of Title 1 of the Government Code. However, the
organizational security arrangement shall provide that any employee
may pay service fees directly to the certified or recognized employee
organization in lieu of having the service fees deducted from the
salary or wage order.
If the employees of a district do not authorize the board to make
a deduction to pay their pro rata share of the costs of making
deductions for the payment of service fees to the certificated or
recognized organization, the board shall deduct from the amount
transmitted to the organization on whose account the payments were
deducted the actual costs, if any, of making the deduction. No charge
shall exceed the actual cost to the district of the deduction. These
actual costs shall be determined by the board and shall include
startup and ongoing costs.
87834.5. (a) Notwithstanding any other law, the governing board of
a community college district that collects or deducts dues, agency
fees, fair share fees, or any other fee or amount of money from the
salary of an academic employee for the purpose of transmitting the
money to an employee organization shall transmit the money to the
employee organization within 15 days of issuing the paycheck
containing the deduction to the employee.
(b) (1) This section does not limit the right of an employee
organization or affected employee to sue for a failure of the
employer to transmit dues or fees pursuant to this section.
(2) In an action brought for a violation of subdivision (a), the
court may award reasonable attorney fees and costs to the prevailing
party if any party to the action requests attorney fees and costs.
87801. The governing board of a community college district shall
fix and order paid the compensation of persons employed by the board
as academic employees unless otherwise prescribed by law.
87802. The governing board of each community college district shall
adopt and cause to be printed and made available to each academic
employee a schedule of salaries to be paid.
87804. The governing board of a community college district may
employ such temporary employees of the district as it deems necessary
and shall adopt and make public a salary schedule setting the daily
or pay period rate or rates for temporary employees.
This section shall not be construed as modifying or repealing any
law fixing a minimum annual salary for employees of district.
87806. The governing board of a community college district may at
any time during any school year increase the salaries of persons
employed by the district in academic positions. The increase shall be
effective on any date ordered by the governing board.
87807. The governing board of community college district shall not
decrease the annual salary of a person employed by the district in an
academic position for failure to meet any requirement of the
district that the person complete additional educational units,
course of study, or work in any college or university or any
equivalent thereof.
87809. If a community college district fails to pay the salary of
any person employed by it in an academic position who has on file a
contract of employment held valid by the legal adviser of the county
superintendent of schools having jurisdiction over the district, that
county superintendent of schools may transfer sufficient money from
the funds of the district to the county school service fund and pay
the salary from that fund.
87810. Whenever a person has rendered service in an academic
position, or the governing board of a district has employed a person
in an academic position or the county superintendent has drawn an
order for a warrant in favor of a person in an academic position, for
a period of service during which the person did not have the
qualifications required for the position as required by law, and when
as a result thereof the employment of the person to render the
service, the rendering of the service, the inclusion of the
attendance of students taught by the person in the average daily
attendance of the district, or the drawing of the order warrant for
the service of that person, is in violation of any provision of this
code, the employment, rendering of service, inclusion of attendance,
or drawing of the order for the warrant shall be deemed fully legal
for all purposes if the board of governors approves thereof in
accordance with this section.
The board of governors shall adopt rules and regulations to
establish procedures for a review in those cases and shall determine
whether the rendering of the service shall be approved and made fully
legal for all purposes. If the board gives its approval to the
rendering of such service, then the employment, inclusion of
attendance, and drawing of the order for the warrant shall be
automatically approved and made fully legal for all purposes.
Unless and until amended by the board of governors, the
regulations shall provide that the rendering of the service shall be
approved if either of the following circumstances apply:
(a) The board determines that the person rendering the service had
the necessary qualifications during the period of service in
question.
(b) The district governing board determines, through a process
that meets the requirements of Section 87359, and based on reasonable
evidence, that the person rendering the service had qualifications
that are at least equivalent to the qualifications specified in
regulations of the board of governors.
87815. A person in an academic position who serves less than a full
school year shall receive as salary only an amount that bears the
same ratio to the established annual salary for the position as the
number of working days he or she serves bears to the total number of
working days plus institutes in the annual school term, and any other
day when the employee is required by the governing board to be
present at the schools of the district. Notwithstanding any
provisions of this section to the contrary, a person in an academic
position who serves a complete semester shall receive not less than
one-half of the established annual salary for the position. This
section shall not be so construed as to prevent the payment of
compensation to a person while on leave of absence when the payment
of the compensation is authorized by law.
In the event any such person dies during the school year, his or
her estate shall be entitled to receive, as salary owed to the
decedent, an amount that bears the same ratio to the established
annual salary for the position as the number of working days he or
she served bears to the total number of working days plus institutes
in the annual school term, and any other day when the employee was
required by the governing board to be present at the schools of the
district, less any salary paid to the decedent prior to his or her
death.
87816. Notwithstanding the provisions of Section 87815, the
governing board of a community college district may adopt an
alternative method of computing the salary received by an academic
employee who serves less than a full school year.
The alternative method shall include the deduction from the
employee's regular salary of only that amount actually paid to a
substitute or, if a substitute is not employed, the amount which
would have been paid to a substitute had a substitute been employed.
For the purposes of this section, the amount which would have been
paid to a substitute is that amount established by the district in a
published salary schedule for substitute employees.
The alternative method shall only be applied upon authorization by
the community college board based upon individual employee
application and shall be limited to no more than five days per school
year for each employee.
87817. Notwithstanding the provisions of Section 87815 or any other
provision of law to the contrary, if a person is employed by a
community college district in an academic position at the beginning
of the second semester of a school year for services during that
semester, the compensation of the employee shall be not less than
one-half of the annual compensation for that position.
87818. Whenever a salary schedule increasing the salaries of its
academic employees is adopted by a community college district to be
effective at the commencement of the second semester of a school
year:
(a) The compensation of the employees shall not exceed one-half of
the annual compensation for their positions under the former salary
schedule for services during the first semester.
(b) The compensation of the employees shall not be less than
one-half of the annual compensation for their positions under the
newly adopted salary schedule for services during the second
semester.
This section shall not be construed to limit the time at which any
salary increase ordered by the governing board shall become
effective.
87821. Each salary payment for any calendar month may be made on
the last working day of the month and shall be paid not earlier than
the last working day of the month and not later than the fifth day of
the succeeding calendar month except that faculty employed for less
than full time in classes for adults, in a day or evening community
college, shall be paid on or before the 10th day of the succeeding
calendar month for services performed during the preceding calendar
month.
If the community college district provides for the payment of the
salary of employees employed in academic positions once each two
weeks, twice a month, or once each four weeks, each salary payment
may be made on the last working day of the payroll period and shall
be made not earlier than the last working day of the payroll period
and not later than the eighth working day of the following payroll
period.
This section shall not prohibit a district from making a payment
of earned salary prior to the last working day of the month or
payroll period.
87822. Except as provided in Section 87790, when any community
college district employs an academic employee to perform instruction
or other services in addition to his or her regular instructing
duties, or when a district employs an academic employee to perform
instructing or other services at a summer school maintained by the
district, the district shall pay the employee for those services
either in one lump sum or at an hourly, daily, biweekly,
quadriweekly, or monthly rate of pay. If the pay is in one lump sum,
the district shall pay the employee within 10 days after the
termination of the services. If the pay is at an hourly, daily,
biweekly, quadriweekly or monthly rate, the district shall pay the
employee within 10 days after the end of each calendar month or pay
period during which the services are performed.
87823. Instead of issuing a single warrant to each employee for
salary or wages the district may use a payroll form of warrant making
payment to two or more employees on one payroll warrant.
87824. When the payroll form of warrant is used, the approved and
allowed payroll warrant shall be deposited with the county treasurer,
who shall make payment to the employee or his order.
87825. When the payroll form of warrant is used the name of each
employee shall be listed.
87828. Except as otherwise provided in this code, no warrant shall
be drawn in favor of any academic employee, unless the officer whose
duty it is to draw the warrant is satisfied that the employee has
faithfully performed all the duties prescribed.
87831. Whenever reports are required to be filed with the county
superintendent of schools by academic employees of districts
authorized to issue warrants under the provision of Section 85266 and
the reports have not been filed, the county superintendent of
schools may direct the district in writing to withhold the salary
payment due the employee involved. The payment should not be released
to the employee until directed in writing by the county
superintendent of schools.
87832. For the purposes of Section 395 of the Military and Veterans
Code or any other provision of law providing for the payment of
salary or compensation to an employee of a community college district
while absent from duty because he or she is engaged in ordered
military or naval duty, the employee's salary or compensation for 30
days shall (a), with respect to an employee serving in an academic
position, be deemed to be one-tenth of the annual salary established
for the position and (b), with respect to an employee serving in a
classified position, be deemed to be one month's salary.
87833. Except as provided in Section 87834, the governing board of
each community college district, when drawing an order for the salary
payment due to an academic employee of the district, shall with or
without charge reduce the order by the amount which the board has
been requested in a revocable written authorization by the employee
to deduct for the purpose of paying the dues of the employee for
membership in any local professional organization, or in any
statewide professional organization, or in any other professional
organization affiliated or otherwise connected with a statewide
professional organization which authorizes the statewide organization
to receive membership dues on its behalf and for the purpose of
paying his or her pro rata share of the costs incurred by the
district in making the deduction. No charge shall exceed the actual
cost to the district of the dues deduction. Any revocation of a
written authorization shall be in writing and shall be effective
commencing with the next pay period.
Unless otherwise provided in an agreement negotiated pursuant to
Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1
of the Government Code, the governing board shall, no later than the
10th day of each pay period for academic employees, draw its order
upon the funds of the district in favor of the organization
designated by the employee for an amount equal to the total of the
dues deductions made with respect to that organization for the
previous pay period and shall transmit the total amount to that
organization no later than the 15th day of each pay period for
academic employees. When timely transmittal of dues payments by a
county is necessary for a community college district to comply with
the provisions of this section, the county shall act in a timely
manner. If the employees of a district do not authorize the board to
make a deduction to pay their pro rata share of the costs of making
deductions for the payment of dues, the board shall deduct from the
amount transmitted to the organization on whose account the dues
payments were deducted the actual costs of making the deduction.
The revocable written authorization shall remain in effect until
expressly revoked in writing by the employee. Whenever there is a
change in the amount required for the payment to the organization,
the employee organization shall provide the employee with adequate
and necessary data on the change at a time sufficiently prior to the
effective date of the change to allow the employee an opportunity to
revoke the written authorization, if desired. The employee
organization shall provide the public school employer with
notification of the change at a time sufficiently prior to the
effective date of the change to allow the employer an opportunity to
make the necessary adjustments and with a copy of the notification of
the change which has been sent to all concerned employees.
The governing board shall not require the completion of a new
deduction authorization when a dues change has been effected or at
any other time without the express approval of the concerned employee
organization.
87834. The governing board of each community college district when
drawing an order for the salary or wage payment due to an academic
employee of the district shall, with or without charge, reduce the
order for the payment of service fees to the certified or recognized
organization as required in an organizational security arrangement
between the exclusive representative and a public school employer as
provided under Chapter 10.7 (commencing with Section 3540) of
Division 4 of Title 1 of the Government Code. However, the
organizational security arrangement shall provide that any employee
may pay service fees directly to the certified or recognized employee
organization in lieu of having the service fees deducted from the
salary or wage order.
If the employees of a district do not authorize the board to make
a deduction to pay their pro rata share of the costs of making
deductions for the payment of service fees to the certificated or
recognized organization, the board shall deduct from the amount
transmitted to the organization on whose account the payments were
deducted the actual costs, if any, of making the deduction. No charge
shall exceed the actual cost to the district of the deduction. These
actual costs shall be determined by the board and shall include
startup and ongoing costs.
87834.5. (a) Notwithstanding any other law, the governing board of
a community college district that collects or deducts dues, agency
fees, fair share fees, or any other fee or amount of money from the
salary of an academic employee for the purpose of transmitting the
money to an employee organization shall transmit the money to the
employee organization within 15 days of issuing the paycheck
containing the deduction to the employee.
(b) (1) This section does not limit the right of an employee
organization or affected employee to sue for a failure of the
employer to transmit dues or fees pursuant to this section.
(2) In an action brought for a violation of subdivision (a), the
court may award reasonable attorney fees and costs to the prevailing
party if any party to the action requests attorney fees and costs.
87801. The governing board of a community college district shall
fix and order paid the compensation of persons employed by the board
as academic employees unless otherwise prescribed by law.
87802. The governing board of each community college district shall
adopt and cause to be printed and made available to each academic
employee a schedule of salaries to be paid.
87804. The governing board of a community college district may
employ such temporary employees of the district as it deems necessary
and shall adopt and make public a salary schedule setting the daily
or pay period rate or rates for temporary employees.
This section shall not be construed as modifying or repealing any
law fixing a minimum annual salary for employees of district.
87806. The governing board of a community college district may at
any time during any school year increase the salaries of persons
employed by the district in academic positions. The increase shall be
effective on any date ordered by the governing board.
87807. The governing board of community college district shall not
decrease the annual salary of a person employed by the district in an
academic position for failure to meet any requirement of the
district that the person complete additional educational units,
course of study, or work in any college or university or any
equivalent thereof.
87809. If a community college district fails to pay the salary of
any person employed by it in an academic position who has on file a
contract of employment held valid by the legal adviser of the county
superintendent of schools having jurisdiction over the district, that
county superintendent of schools may transfer sufficient money from
the funds of the district to the county school service fund and pay
the salary from that fund.
87810. Whenever a person has rendered service in an academic
position, or the governing board of a district has employed a person
in an academic position or the county superintendent has drawn an
order for a warrant in favor of a person in an academic position, for
a period of service during which the person did not have the
qualifications required for the position as required by law, and when
as a result thereof the employment of the person to render the
service, the rendering of the service, the inclusion of the
attendance of students taught by the person in the average daily
attendance of the district, or the drawing of the order warrant for
the service of that person, is in violation of any provision of this
code, the employment, rendering of service, inclusion of attendance,
or drawing of the order for the warrant shall be deemed fully legal
for all purposes if the board of governors approves thereof in
accordance with this section.
The board of governors shall adopt rules and regulations to
establish procedures for a review in those cases and shall determine
whether the rendering of the service shall be approved and made fully
legal for all purposes. If the board gives its approval to the
rendering of such service, then the employment, inclusion of
attendance, and drawing of the order for the warrant shall be
automatically approved and made fully legal for all purposes.
Unless and until amended by the board of governors, the
regulations shall provide that the rendering of the service shall be
approved if either of the following circumstances apply:
(a) The board determines that the person rendering the service had
the necessary qualifications during the period of service in
question.
(b) The district governing board determines, through a process
that meets the requirements of Section 87359, and based on reasonable
evidence, that the person rendering the service had qualifications
that are at least equivalent to the qualifications specified in
regulations of the board of governors.
87815. A person in an academic position who serves less than a full
school year shall receive as salary only an amount that bears the
same ratio to the established annual salary for the position as the
number of working days he or she serves bears to the total number of
working days plus institutes in the annual school term, and any other
day when the employee is required by the governing board to be
present at the schools of the district. Notwithstanding any
provisions of this section to the contrary, a person in an academic
position who serves a complete semester shall receive not less than
one-half of the established annual salary for the position. This
section shall not be so construed as to prevent the payment of
compensation to a person while on leave of absence when the payment
of the compensation is authorized by law.
In the event any such person dies during the school year, his or
her estate shall be entitled to receive, as salary owed to the
decedent, an amount that bears the same ratio to the established
annual salary for the position as the number of working days he or
she served bears to the total number of working days plus institutes
in the annual school term, and any other day when the employee was
required by the governing board to be present at the schools of the
district, less any salary paid to the decedent prior to his or her
death.
87816. Notwithstanding the provisions of Section 87815, the
governing board of a community college district may adopt an
alternative method of computing the salary received by an academic
employee who serves less than a full school year.
The alternative method shall include the deduction from the
employee's regular salary of only that amount actually paid to a
substitute or, if a substitute is not employed, the amount which
would have been paid to a substitute had a substitute been employed.
For the purposes of this section, the amount which would have been
paid to a substitute is that amount established by the district in a
published salary schedule for substitute employees.
The alternative method shall only be applied upon authorization by
the community college board based upon individual employee
application and shall be limited to no more than five days per school
year for each employee.
87817. Notwithstanding the provisions of Section 87815 or any other
provision of law to the contrary, if a person is employed by a
community college district in an academic position at the beginning
of the second semester of a school year for services during that
semester, the compensation of the employee shall be not less than
one-half of the annual compensation for that position.
87818. Whenever a salary schedule increasing the salaries of its
academic employees is adopted by a community college district to be
effective at the commencement of the second semester of a school
year:
(a) The compensation of the employees shall not exceed one-half of
the annual compensation for their positions under the former salary
schedule for services during the first semester.
(b) The compensation of the employees shall not be less than
one-half of the annual compensation for their positions under the
newly adopted salary schedule for services during the second
semester.
This section shall not be construed to limit the time at which any
salary increase ordered by the governing board shall become
effective.
87821. Each salary payment for any calendar month may be made on
the last working day of the month and shall be paid not earlier than
the last working day of the month and not later than the fifth day of
the succeeding calendar month except that faculty employed for less
than full time in classes for adults, in a day or evening community
college, shall be paid on or before the 10th day of the succeeding
calendar month for services performed during the preceding calendar
month.
If the community college district provides for the payment of the
salary of employees employed in academic positions once each two
weeks, twice a month, or once each four weeks, each salary payment
may be made on the last working day of the payroll period and shall
be made not earlier than the last working day of the payroll period
and not later than the eighth working day of the following payroll
period.
This section shall not prohibit a district from making a payment
of earned salary prior to the last working day of the month or
payroll period.
87822. Except as provided in Section 87790, when any community
college district employs an academic employee to perform instruction
or other services in addition to his or her regular instructing
duties, or when a district employs an academic employee to perform
instructing or other services at a summer school maintained by the
district, the district shall pay the employee for those services
either in one lump sum or at an hourly, daily, biweekly,
quadriweekly, or monthly rate of pay. If the pay is in one lump sum,
the district shall pay the employee within 10 days after the
termination of the services. If the pay is at an hourly, daily,
biweekly, quadriweekly or monthly rate, the district shall pay the
employee within 10 days after the end of each calendar month or pay
period during which the services are performed.
87823. Instead of issuing a single warrant to each employee for
salary or wages the district may use a payroll form of warrant making
payment to two or more employees on one payroll warrant.
87824. When the payroll form of warrant is used, the approved and
allowed payroll warrant shall be deposited with the county treasurer,
who shall make payment to the employee or his order.
87825. When the payroll form of warrant is used the name of each
employee shall be listed.
87828. Except as otherwise provided in this code, no warrant shall
be drawn in favor of any academic employee, unless the officer whose
duty it is to draw the warrant is satisfied that the employee has
faithfully performed all the duties prescribed.
87831. Whenever reports are required to be filed with the county
superintendent of schools by academic employees of districts
authorized to issue warrants under the provision of Section 85266 and
the reports have not been filed, the county superintendent of
schools may direct the district in writing to withhold the salary
payment due the employee involved. The payment should not be released
to the employee until directed in writing by the county
superintendent of schools.
87832. For the purposes of Section 395 of the Military and Veterans
Code or any other provision of law providing for the payment of
salary or compensation to an employee of a community college district
while absent from duty because he or she is engaged in ordered
military or naval duty, the employee's salary or compensation for 30
days shall (a), with respect to an employee serving in an academic
position, be deemed to be one-tenth of the annual salary established
for the position and (b), with respect to an employee serving in a
classified position, be deemed to be one month's salary.
87833. Except as provided in Section 87834, the governing board of
each community college district, when drawing an order for the salary
payment due to an academic employee of the district, shall with or
without charge reduce the order by the amount which the board has
been requested in a revocable written authorization by the employee
to deduct for the purpose of paying the dues of the employee for
membership in any local professional organization, or in any
statewide professional organization, or in any other professional
organization affiliated or otherwise connected with a statewide
professional organization which authorizes the statewide organization
to receive membership dues on its behalf and for the purpose of
paying his or her pro rata share of the costs incurred by the
district in making the deduction. No charge shall exceed the actual
cost to the district of the dues deduction. Any revocation of a
written authorization shall be in writing and shall be effective
commencing with the next pay period.
Unless otherwise provided in an agreement negotiated pursuant to
Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1
of the Government Code, the governing board shall, no later than the
10th day of each pay period for academic employees, draw its order
upon the funds of the district in favor of the organization
designated by the employee for an amount equal to the total of the
dues deductions made with respect to that organization for the
previous pay period and shall transmit the total amount to that
organization no later than the 15th day of each pay period for
academic employees. When timely transmittal of dues payments by a
county is necessary for a community college district to comply with
the provisions of this section, the county shall act in a timely
manner. If the employees of a district do not authorize the board to
make a deduction to pay their pro rata share of the costs of making
deductions for the payment of dues, the board shall deduct from the
amount transmitted to the organization on whose account the dues
payments were deducted the actual costs of making the deduction.
The revocable written authorization shall remain in effect until
expressly revoked in writing by the employee. Whenever there is a
change in the amount required for the payment to the organization,
the employee organization shall provide the employee with adequate
and necessary data on the change at a time sufficiently prior to the
effective date of the change to allow the employee an opportunity to
revoke the written authorization, if desired. The employee
organization shall provide the public school employer with
notification of the change at a time sufficiently prior to the
effective date of the change to allow the employer an opportunity to
make the necessary adjustments and with a copy of the notification of
the change which has been sent to all concerned employees.
The governing board shall not require the completion of a new
deduction authorization when a dues change has been effected or at
any other time without the express approval of the concerned employee
organization.
87834. The governing board of each community college district when
drawing an order for the salary or wage payment due to an academic
employee of the district shall, with or without charge, reduce the
order for the payment of service fees to the certified or recognized
organization as required in an organizational security arrangement
between the exclusive representative and a public school employer as
provided under Chapter 10.7 (commencing with Section 3540) of
Division 4 of Title 1 of the Government Code. However, the
organizational security arrangement shall provide that any employee
may pay service fees directly to the certified or recognized employee
organization in lieu of having the service fees deducted from the
salary or wage order.
If the employees of a district do not authorize the board to make
a deduction to pay their pro rata share of the costs of making
deductions for the payment of service fees to the certificated or
recognized organization, the board shall deduct from the amount
transmitted to the organization on whose account the payments were
deducted the actual costs, if any, of making the deduction. No charge
shall exceed the actual cost to the district of the deduction. These
actual costs shall be determined by the board and shall include
startup and ongoing costs.
87834.5. (a) Notwithstanding any other law, the governing board of
a community college district that collects or deducts dues, agency
fees, fair share fees, or any other fee or amount of money from the
salary of an academic employee for the purpose of transmitting the
money to an employee organization shall transmit the money to the
employee organization within 15 days of issuing the paycheck
containing the deduction to the employee.
(b) (1) This section does not limit the right of an employee
organization or affected employee to sue for a failure of the
employer to transmit dues or fees pursuant to this section.
(2) In an action brought for a violation of subdivision (a), the
court may award reasonable attorney fees and costs to the prevailing
party if any party to the action requests attorney fees and costs.
