89500. (a) (1) Notwithstanding any other provision of law, the
trustees shall provide by rule for the government of their appointees
and employees, pursuant to this chapter and other applicable
provisions of law, including, but not limited to: appointment;
classification; terms; duties; pay and overtime pay; uniform and
equipment allowances; travel expenses and allowances; rates for
housing and lodging; moving expenses; leave of absence; tenure;
vacation; holidays; layoff; dismissal; demotion; suspension; sick
leave; reinstatement; and employer's contribution to employees',
annuitants', and survivors' health benefits plans.
(2) The rules adopted by the trustees relating to tenure, layoff,
dismissal, demotion, suspension, and reinstatement of academic and
administrative employees shall be adopted on or before February 1,
1962, and become effective on July 1, 1962, with respect to employees
who are academic teaching and administrative employees as defined in
subdivision (1)(e) of Section 24301, as it read on June 30, 1961, as
enacted by Chapter 2 of the Statutes of 1959.
(b) The adoption of these rules and regulations shall not be
subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code.
(c) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if the
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
89500.7. (a) The trustees shall offer, on at least a semiannual
basis, to each of the university's filers, an orientation course on
the relevant ethics statutes and regulations that govern the official
conduct of university officials.
(b) As used in this section, "filer" means each member, officer,
or designated employee of the California State University, including
a trustee, who, because of his or her affiliation with the university
or any subdivision or campus thereof, is required to file a
Statement of Economic Interests in accordance with Chapter 7
(commencing with Section 87100) of Title 9 of the Government Code.
(c) The trustees shall maintain records indicating the specific
attendees, each attendee's job title, and dates of their attendance
for each orientation course offered pursuant to this section. These
records shall be maintained for a period of at least five years after
each course is offered. These records shall be public records
subject to inspection and copying in accordance with subdivision (a)
of Section 81008 of the Government Code and any other public records
disclosure laws that are applicable to the university.
(d) Except as provided in subdivision (e), each filer shall attend
the orientation course established pursuant to subdivision (a) in
accordance with both of the following:
(1) For a person who, as of January 1, 2005, is a filer, as
defined in subdivision (b), not later than December 31, 2005, and
thereafter, at least once during each consecutive period of two
calendar years commencing on January 1, 2007.
(2) For a person who becomes a filer, as defined in subdivision
(b), after January 1, 2005, within six months after he or she becomes
a filer, and at least once during each consecutive period of two
calendar years commencing on January 1 of the first odd-numbered year
thereafter.
(e) The requirements of subdivision (d) shall not apply to a
filer, as defined in subdivision (b), who has taken an ethics
orientation course through another state agency or the Legislature
within the periods set forth in paragraphs (1) and (2) of subdivision
(d) if, in the determination of the trustees, that course covered
substantially the same material as the course the university would
offer to the filer pursuant to this section.
89501. (a) For the purpose of facilitating the recruitment of
professional and technically trained persons to fill positions for
which there is a shortage of qualified applicants, the trustees may
authorize payment of all or a part of the travel expense of
applicants who are called for interview and all or a part of the
travel and moving expense of persons who change their place of
residence to accept employment with the state. These payments shall
be made only upon the certification of the trustees that the
expenditure is necessary in order to recruit qualified persons needed
by the California State University.
If, for reasons that do not meet the approval of the trustees, the
employee or applicant for employment does not accept or continue the
employment for a period of two years, he or she shall reimburse the
trustees for the moving and travel expenses for the full or
proportionate amount.
For the purposes of this section, satisfactory reasons for not
completing two years of employment shall be death, prolonged illness,
disability, unacceptability of the applicant or employee to the
trustees, and similar eventualities beyond the control of the
applicant or employee.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if the
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
89502. (a) It is the policy of the state that the workweek of the
employees of the California State University shall be 40 hours, and
the workday of such employees eight hours, except that workweeks and
workdays of a different number of hours may be established in order
to meet the varying needs of the different campuses and facilities.
It is the policy of the state to avoid the necessity for overtime
work whenever possible.
This policy does not restrict the extension of regular
working-hour schedules on an overtime basis when the action is
necessary to carry on the business of the California State University
properly during a manpower shortage.
The trustees may provide for the payment of overtime in designated
classes for work performed after the normal scheduled workday or
normal scheduled workweek, when the designation is appropriate to the
designated class.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if the
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
89503. (a) The trustees may authorize payments into a private fund
to provide health and welfare benefits to nonpermanent employees of
the class specified in Section 19830 of the Government Code employed
by the trustees, upon a finding by the trustees as to any position
that the criteria stated in subdivision (a) of Section 19831 of the
Government Code are satisfied.
(b) Payments made by the state pursuant to this section to any
fund on behalf of any employees shall be in lieu of benefits such as
vacation allowance, sick leave, and retirement that may be granted
directly by the state in accordance with law.
(c) The trustees may determine the equitable application of this
section to ensure that the employees receive benefits comparable to,
but not in excess of, those provided in comparable private
employment.
(d) The payments authorized by this section shall be a proper
charge against any funds available for the support of the California
State University.
(e) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that, if the
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
89504. (a) Upon separation from service without fault on his or her
part, an employee is entitled to a lump-sum payment as of the time
of separation for any unused or accumulated vacation or for any time
off to which the employee is entitled by reason of previous overtime
work where compensating time off for overtime work is provided for by
the trustees. This sum shall be computed by projecting the
accumulated time on a calendar basis so that the lump sum will equal
the amount which the employee would have been paid had the employee
taken the time off but not separated from the service.
(b) Employees separated from service through fault of their own
are entitled to a lump-sum payment for compensating time off for
overtime work, and in addition, the portion, if any, of unused
vacation as the trustees may determine. The computation of this sum
shall be based on actual accumulated time without projection as
provided in subdivision (a).
(c) Lump-sum payment for vacation shall not be made to a person
who separates from a position for the purpose of accepting another
position in the state service, except either of the following:
(1) Upon movement to a position in which vacation credits are
neither accrued nor used.
(2) Upon reassignment of an employee, subsequent to January 1,
1965, from a position other than an academic year position, to an
academic year position.
However, a lump-sum payment shall not be made to a person who
returns to a position in the same class within 15 working days of the
date of the person's resignation.
(d) Except for payment authorized or excluded under subdivision
(c), an employee who returns to state service during the period
through which his or her lump-sum payment was computed may refund the
amount of lump-sum payment which exceeds his or her break in service
and have the balance of credits restored as though he or she had
remained in state service and taken the time off.
(e) If subdivisions (a) to (d), inclusive, are in conflict with
the provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if the
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
(f) Notwithstanding other provisions of this section, the trustees
may provide for lump-sum payment for vacation for nonrepresented
employees of the California State University.
89505. The trustees, subject to such conditions as they may
establish, may purchase annuity contracts for any of their employees,
and shall reduce the salary of any such employee for whom such
contract is purchased in the amount of the cost thereof; provided
that each of the following conditions are met:
(a) The annuity contract is under an annuity plan which meets the
requirements of Section 403(b) of the Internal Revenue Code of 1954
of the United States as amended by the Employment Retirement Income
Security Act of 1974 (P.L. 93-406).
(b) The employee makes application to the trustees for such
purchase and reduction of salary.
(c) All provisions of the Insurance Code applicable to the
purchase of such annuities are satisfied.
If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if such
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
89505.5. (a) Officers and employees of the California State
University may participate in the deferred compensation plan
established pursuant to Section 19993 of the Government Code upon
compliance with the statutory prerequisites for participation in the
plan.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if the
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
89506. (a) The trustees, subject to such conditions as they may
establish, may enter into contracts of group life insurance and
contracts of group disability insurance or protection with respect to
any class of their employees they may designate or with respect to
all such employees, with any insurer, medical service plan, or
nonprofit hospital service plan corporation they may select;
provided, that all applicable provisions of state law relating to any
such coverage, or to the qualifications of the provider of coverage,
are satisfied.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if such
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
89507. (a) The trustees, subject to any conditions which the
trustees may impose, may establish programs of insurance with respect
to any class of employees of the trustees which the trustees may
designate or with respect to all of the employees of the trustees,
with any insurer or insurers, insurance broker or brokers, or
insurance agent or agents, the trustees may select, provided that all
applicable provisions of the Insurance Code relating to the
insurance, or to the qualifications of the insurer, broker, or agent,
are satisfied. The premiums of the programs of insurance shall be
borne by the employees, employer, or employees and employer
participating therein.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if the
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
89508. (a) Each person holding a four-year term appointment under
Section 80507 on June 30, 1961, regardless of when the term
commenced, shall on that date be entitled to all personnel benefits
and rights under the law which would have attached to the person's
position if he or she had been appointed and had served throughout
his or her state university employment under the provisions of law
applicable to persons serving under appointments made pursuant to
Article 2 (commencing with Section 89530).
On and after July 1, 1961, the person shall be entitled to all
personnel benefits and rights conferred by Section 66609 upon state
employees appointed pursuant to Article 2 and transferred to the
Trustees of the California State University by that section.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if the
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
89510. (a) The trustees may grant a leave of absence without
compensation to any nonacademic employee.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if such
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
89512. (a) Upon the expiration of the leave of absence granted
pursuant to Section 89510 the employee to whom the leave of absence
was granted is entitled to reinstatement in the position he held at
the time the leave of absence was granted him, if the position is
still in existence, or to any other comparable existing vacant
position for which he is qualified.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if such
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
89513. (a) Every employee who has entered or who hereafter enters
the active military service of the United States of America or of the
State of California, including active service in any uniformed
auxiliary of, or to, any branch of such military service created or
authorized as such auxiliary by the Congress of the United States of
America or by the Legislature of the State of California, or in the
full-time paid service of the American Red Cross, during any period
of national emergency declared by the President of the United States
of America or during any war in which the United States of America is
engaged, shall be deemed to have been entitled or shall be entitled
to absent himself from his duties.
Within six months after such employee honorably leaves such
service or has been placed on inactive duty he shall be entitled to
return to the position held by him at the time of his entrance into
such military service, at the salary to which he would have been
entitled had he not absented himself from his duties.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if such
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
89514. (a) The time during which an employee of the trustees is on
leave of absence without compensation shall not be credited toward
retirement under any retirement system of the state. If such employee
receives compensation during such leave of absence the time for
which he receives such compensation shall be credited toward
retirement. The period of any leave of absence shall not be construed
as a break in the continuity of service required toward retirement.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if such
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
89515. The trustees shall eliminate all policies which
detrimentally and unreasonably affect the employment status of
females hired by the California State University. To accomplish this
purpose, the trustees shall do all of the following:
(a) Review hiring, wages, job classifications, and advancement
practices as applied to female employees and take corrective measures
where inequities exist.
(b) Review selection procedures utilized for employment of female
employees to determine disparate selection practices.
(c) Assure opportunity of advancement for qualified female
employees to executive positions within departments and divisions.
If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if the
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
89516. The trustees may establish rules and regulations which allow
academic teaching employees, librarians, counselors, and student
affairs officers to reduce their workload from full-time to part-time
duties.
Such regulations shall include but shall not be limited to the
following if such employees wish to reduce their workload and
maintain retirement benefits pursuant to Section 20815 of the
Government Code:
(a) The employee must have reached the age of 55 prior to
reduction in workload.
(b) The employee must have been employed full-time as an academic
employee for at least 10 years of which the immediately preceding
five years were full-time employment. For purposes of this
subdivision, sabbatical and other approved leaves shall not
constitute a break in service. However, time spent on sabbatical or
on other approved leaves shall not be used in satisfying the
five-year full-time employment requirement.
(c) The option of part-time employment must be exercised at the
request of the employee and can be revoked only with the mutual
consent of the employer and the employee.
(d) The employee shall be paid a salary which is the pro rata
share of the salary the employee would be earning had the employee
not elected to exercise the option of part-time employment but shall
retain all other rights and benefits for which the employee makes the
payments that would be required if the employee remained in
full-time employment.
The employee shall receive health benefits in the same manner as a
full-time employee.
This section shall only be applicable to academic teaching
employees, librarians, counselors, and student affairs officers who
receive no higher salary than the maximum paid to a department
chairman.
If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if such
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
89517. (a) The minimum and maximum salary limits for laborers,
workmen, and mechanics employed on an hourly or per diem basis need
not be uniform throughout the state, but the trustees shall
ascertain, as to each such position, the general prevailing rate of
such wages in the various localities of the state.
In fixing such minimum and maximum salary limits within the
various localities of the state, the trustees shall take into account
the prevailing rates of wages in the localities in which the
employee is to work and other relevant factors, and shall not fix the
minimum salary limits below the general prevailing rate so
ascertained for the various localities.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if such
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
89518. (a) Any librarian employed by the trustees on a 12-month
basis in a fiscal year has the right to elect to be employed for one
or more fiscal years on a 10-month basis. The compensation of any
librarian making the election shall be reduced for any such fiscal
year in the same proportion as the compensation of instructional
academic employees whose fiscal year employment basis is changed from
a 12-month basis to a 10-month basis.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if such
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
89519. (a) The trustees shall grant a leave of absence without pay
for the purposes of the pregnancy, childbirth or the recovery
therefrom of a female employee, for a period as determined by the
employee not exceeding one year to any permanent employee under the
jurisdiction of the trustees. When the employee has notified the
trustees as to the period of the leave of absence required, any
change in the length of the period of leave shall not be effective
unless approved by the trustees.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if such
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
89519.5. (a) Subject to subdivision (b), the trustees shall grant
to an employee, who has exhausted all available sick leave, the
following leaves of absence with pay:
(1) A leave of absence not exceeding 30 days to any employee who
is an organ donor in any one-year period, for the purpose of donating
his or her organ to another person.
(2) A leave of absence not exceeding five days to any employee who
is a bone marrow donor in any one-year period, for the purpose of
donating his or her bone marrow to another person.
(b) To receive a leave of absence pursuant to subdivision (a), an
employee shall provide written verification to the trustees that he
or she is an organ or bone marrow donor and that there is a medical
necessity for the donation of the organ or bone marrow.
(c) Any period of time during which an employee is required to be
absent from his or her position by reason of being an organ or bone
marrow donor is not a break in his or her continuous service for the
purpose of his or her right to salary adjustments, sick leave,
vacation, annual leave, or seniority.
(d) If an employee is unable to return to work beyond the time or
period that he or she is granted leave pursuant to this section, he
or she shall be paid any vacation balance, annual leave balance, or
accumulated compensable overtime. The payment shall be computed by
projecting the accumulated time on a calendar basis as though the
employee was taking time off. If, during the period of projection,
the employee is able to return to work, he or she shall be returned
to his or her former position.
(e) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that, if those
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
89520. (a) The provisions of Article 4.5 (commencing with Section
19400) of Chapter 7 of Part 2 of Division 5 of the Government Code,
relating to upward mobility, shall be applicable to the California
State University System. The trustees shall administer the program
for its employees and shall have the powers and duties with respect
to employees of the California State University System, as are given
to the State Personnel Board in Article 4.5 (commencing with Section
19400) of Chapter 7 of Part 2 of Division 5 of the Government Code,
with respect to state civil service employees. In the event of
conflict between the provisions of Article 4.5 (commencing with
Section 19400) of Chapter 7 of Part 2 of Division 5 of the Government
Code and the antidiscrimination and affirmative action requirements
of Title VI and Title VII of the Civil Rights Act of 1964, as
amended; Title IX of the Education Amendments of 1972, as amended;
Executive Order Number 11246, as amended, and the rules and
regulations adopted under each of these, the federal law shall
prevail.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if the
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
89522. All applications for appointment to academic, administrative
and nonacademic positions shall include a place for listing
volunteer experience and such experience shall be considered if it is
relevant to the position being applied for.
89523. (a) Any employee who, immediately prior to becoming an
employee, was an employee of an auxiliary organization as provided in
Section 89900, and whose functions and employment were, subsequent
to January 1, 1969, transferred to and assumed by a state university
or college, shall be entitled to accumulate credit for vacation at
the rate to which he or she would have been entitled if his or her
employment by the auxiliary organization had been employment by a
state university or college.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if the
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
89524. (a) Any employee who, immediately prior to becoming an
employee, was an employee of an auxiliary organization as provided in
Section 89900, and whose functions and employment were, subsequent
to January 1, 1969, transferred to and assumed by a state university
or college, shall be entitled to retain accumulated sick leave, and
to accumulate sick leave credit as if his or her employment by the
auxiliary organization had been employment by a state university or
college.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if the
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
89525. When an employee uses sick leave or vacation, or both,
because of an injury compensable under the Labor Code, and the
California State University is reimbursed by a third person for its
damages by reason of this use, there shall be granted, for credit to
the employee's sick leave or vacation account, sick leave or vacation
equivalent to the amount so used or proportionately if reimbursement
is only in part. If the California State University does not collect
from the third person the full amount of the compensation paid and
other damages for which it is liable to the employee, and if the
amount collected is not itemized so that there may be ascertained the
amount collected in reimbursement for the sick leave or vacation
used, the sick leave or vacation to be credited shall be in the same
ratio to the sick leave or vacation used as the total amount
collected bears to the total amount of the California State
University's damages. "Sick leave" or "vacation," as used in this
rule, includes sick leave or vacation credit used to augment
disability indemnity.
89527. (a) An officer or employee who is or may be entitled to
temporary disability indemnity under Division 4 (commencing with
Section 3200) or Division 4.5 (commencing with Section 6100) of the
Labor Code shall receive any accumulated sick leave, or accumulated
compensable overtime, or accumulated vacation for the absence. The
trustees shall decrease the charge of sick leave, or compensable
overtime, or vacation in the amount of temporary disability payment
received so that the officer or employee shall not receive payment in
excess of full salary or wage.
If an officer or employee does not wish to use his or her
accumulated sick leave, or accumulated compensable overtime, or
accumulated vacation, he or she shall notify his or her appointing
power within 15 days after the injury is reported to the appointing
power. After the 15 days his or her accumulations shall be used until
the date he or she notifies the appointing power in writing that he
or she no longer wishes to use the accumulations. When computing sick
leave, or overtime, or vacation under this section the employee
shall be given credit for any holidays that occur during the period
of absence hereunder.
He or she is, nevertheless, entitled to medical, surgical, and
hospital treatment as provided in the Labor Code. When his or her
accumulated sick leave, or overtime, or vacation, or all, are
exhausted, he or she is still entitled to receive disability
indemnity.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if the
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
89528. (a) In order to improve the recruitment and retention of
faculty in specified academic disciplines, the trustees shall
establish a supplemental salary program.
Each fiscal year, the trustees shall identify both of the
following:
(1) Those academic disciplines for which recruiting and retaining
competent faculty has been a problem because the faculty salaries
generally applicable are not competitive with salaries offered by
industry or by other educational institutions.
(2) Those faculty members in the academic disciplines identified
pursuant to paragraph (1) who shall qualify for participation in the
supplemental salary program.
The memorandum of understanding between the trustees and the
appropriate faculty bargaining unit shall specify the implementation
plan for the supplemental salary program.
(b) This section shall be operative only for those years in which
the Budget Act appropriates funds specifically for the supplemental
salary program pursuant to this section.
(c) If this section is in conflict with a memorandum of
understanding reached pursuant to Chapter 12 (commencing with Section
3560) of Division 4 of Title 1 of the Government Code, the
memorandum of understanding shall be controlling without further
legislative action, except that if the provisions of a memorandum of
understanding require the expenditure of funds, the provisions shall
not become effective unless approved by the Legislature in the annual
Budget Act.
89500. (a) (1) Notwithstanding any other provision of law, the
trustees shall provide by rule for the government of their appointees
and employees, pursuant to this chapter and other applicable
provisions of law, including, but not limited to: appointment;
classification; terms; duties; pay and overtime pay; uniform and
equipment allowances; travel expenses and allowances; rates for
housing and lodging; moving expenses; leave of absence; tenure;
vacation; holidays; layoff; dismissal; demotion; suspension; sick
leave; reinstatement; and employer's contribution to employees',
annuitants', and survivors' health benefits plans.
(2) The rules adopted by the trustees relating to tenure, layoff,
dismissal, demotion, suspension, and reinstatement of academic and
administrative employees shall be adopted on or before February 1,
1962, and become effective on July 1, 1962, with respect to employees
who are academic teaching and administrative employees as defined in
subdivision (1)(e) of Section 24301, as it read on June 30, 1961, as
enacted by Chapter 2 of the Statutes of 1959.
(b) The adoption of these rules and regulations shall not be
subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code.
(c) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if the
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
89500.7. (a) The trustees shall offer, on at least a semiannual
basis, to each of the university's filers, an orientation course on
the relevant ethics statutes and regulations that govern the official
conduct of university officials.
(b) As used in this section, "filer" means each member, officer,
or designated employee of the California State University, including
a trustee, who, because of his or her affiliation with the university
or any subdivision or campus thereof, is required to file a
Statement of Economic Interests in accordance with Chapter 7
(commencing with Section 87100) of Title 9 of the Government Code.
(c) The trustees shall maintain records indicating the specific
attendees, each attendee's job title, and dates of their attendance
for each orientation course offered pursuant to this section. These
records shall be maintained for a period of at least five years after
each course is offered. These records shall be public records
subject to inspection and copying in accordance with subdivision (a)
of Section 81008 of the Government Code and any other public records
disclosure laws that are applicable to the university.
(d) Except as provided in subdivision (e), each filer shall attend
the orientation course established pursuant to subdivision (a) in
accordance with both of the following:
(1) For a person who, as of January 1, 2005, is a filer, as
defined in subdivision (b), not later than December 31, 2005, and
thereafter, at least once during each consecutive period of two
calendar years commencing on January 1, 2007.
(2) For a person who becomes a filer, as defined in subdivision
(b), after January 1, 2005, within six months after he or she becomes
a filer, and at least once during each consecutive period of two
calendar years commencing on January 1 of the first odd-numbered year
thereafter.
(e) The requirements of subdivision (d) shall not apply to a
filer, as defined in subdivision (b), who has taken an ethics
orientation course through another state agency or the Legislature
within the periods set forth in paragraphs (1) and (2) of subdivision
(d) if, in the determination of the trustees, that course covered
substantially the same material as the course the university would
offer to the filer pursuant to this section.
89501. (a) For the purpose of facilitating the recruitment of
professional and technically trained persons to fill positions for
which there is a shortage of qualified applicants, the trustees may
authorize payment of all or a part of the travel expense of
applicants who are called for interview and all or a part of the
travel and moving expense of persons who change their place of
residence to accept employment with the state. These payments shall
be made only upon the certification of the trustees that the
expenditure is necessary in order to recruit qualified persons needed
by the California State University.
If, for reasons that do not meet the approval of the trustees, the
employee or applicant for employment does not accept or continue the
employment for a period of two years, he or she shall reimburse the
trustees for the moving and travel expenses for the full or
proportionate amount.
For the purposes of this section, satisfactory reasons for not
completing two years of employment shall be death, prolonged illness,
disability, unacceptability of the applicant or employee to the
trustees, and similar eventualities beyond the control of the
applicant or employee.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if the
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
89502. (a) It is the policy of the state that the workweek of the
employees of the California State University shall be 40 hours, and
the workday of such employees eight hours, except that workweeks and
workdays of a different number of hours may be established in order
to meet the varying needs of the different campuses and facilities.
It is the policy of the state to avoid the necessity for overtime
work whenever possible.
This policy does not restrict the extension of regular
working-hour schedules on an overtime basis when the action is
necessary to carry on the business of the California State University
properly during a manpower shortage.
The trustees may provide for the payment of overtime in designated
classes for work performed after the normal scheduled workday or
normal scheduled workweek, when the designation is appropriate to the
designated class.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if the
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
89503. (a) The trustees may authorize payments into a private fund
to provide health and welfare benefits to nonpermanent employees of
the class specified in Section 19830 of the Government Code employed
by the trustees, upon a finding by the trustees as to any position
that the criteria stated in subdivision (a) of Section 19831 of the
Government Code are satisfied.
(b) Payments made by the state pursuant to this section to any
fund on behalf of any employees shall be in lieu of benefits such as
vacation allowance, sick leave, and retirement that may be granted
directly by the state in accordance with law.
(c) The trustees may determine the equitable application of this
section to ensure that the employees receive benefits comparable to,
but not in excess of, those provided in comparable private
employment.
(d) The payments authorized by this section shall be a proper
charge against any funds available for the support of the California
State University.
(e) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that, if the
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
89504. (a) Upon separation from service without fault on his or her
part, an employee is entitled to a lump-sum payment as of the time
of separation for any unused or accumulated vacation or for any time
off to which the employee is entitled by reason of previous overtime
work where compensating time off for overtime work is provided for by
the trustees. This sum shall be computed by projecting the
accumulated time on a calendar basis so that the lump sum will equal
the amount which the employee would have been paid had the employee
taken the time off but not separated from the service.
(b) Employees separated from service through fault of their own
are entitled to a lump-sum payment for compensating time off for
overtime work, and in addition, the portion, if any, of unused
vacation as the trustees may determine. The computation of this sum
shall be based on actual accumulated time without projection as
provided in subdivision (a).
(c) Lump-sum payment for vacation shall not be made to a person
who separates from a position for the purpose of accepting another
position in the state service, except either of the following:
(1) Upon movement to a position in which vacation credits are
neither accrued nor used.
(2) Upon reassignment of an employee, subsequent to January 1,
1965, from a position other than an academic year position, to an
academic year position.
However, a lump-sum payment shall not be made to a person who
returns to a position in the same class within 15 working days of the
date of the person's resignation.
(d) Except for payment authorized or excluded under subdivision
(c), an employee who returns to state service during the period
through which his or her lump-sum payment was computed may refund the
amount of lump-sum payment which exceeds his or her break in service
and have the balance of credits restored as though he or she had
remained in state service and taken the time off.
(e) If subdivisions (a) to (d), inclusive, are in conflict with
the provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if the
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
(f) Notwithstanding other provisions of this section, the trustees
may provide for lump-sum payment for vacation for nonrepresented
employees of the California State University.
89505. The trustees, subject to such conditions as they may
establish, may purchase annuity contracts for any of their employees,
and shall reduce the salary of any such employee for whom such
contract is purchased in the amount of the cost thereof; provided
that each of the following conditions are met:
(a) The annuity contract is under an annuity plan which meets the
requirements of Section 403(b) of the Internal Revenue Code of 1954
of the United States as amended by the Employment Retirement Income
Security Act of 1974 (P.L. 93-406).
(b) The employee makes application to the trustees for such
purchase and reduction of salary.
(c) All provisions of the Insurance Code applicable to the
purchase of such annuities are satisfied.
If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if such
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
89505.5. (a) Officers and employees of the California State
University may participate in the deferred compensation plan
established pursuant to Section 19993 of the Government Code upon
compliance with the statutory prerequisites for participation in the
plan.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if the
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
89506. (a) The trustees, subject to such conditions as they may
establish, may enter into contracts of group life insurance and
contracts of group disability insurance or protection with respect to
any class of their employees they may designate or with respect to
all such employees, with any insurer, medical service plan, or
nonprofit hospital service plan corporation they may select;
provided, that all applicable provisions of state law relating to any
such coverage, or to the qualifications of the provider of coverage,
are satisfied.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if such
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
89507. (a) The trustees, subject to any conditions which the
trustees may impose, may establish programs of insurance with respect
to any class of employees of the trustees which the trustees may
designate or with respect to all of the employees of the trustees,
with any insurer or insurers, insurance broker or brokers, or
insurance agent or agents, the trustees may select, provided that all
applicable provisions of the Insurance Code relating to the
insurance, or to the qualifications of the insurer, broker, or agent,
are satisfied. The premiums of the programs of insurance shall be
borne by the employees, employer, or employees and employer
participating therein.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if the
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
89508. (a) Each person holding a four-year term appointment under
Section 80507 on June 30, 1961, regardless of when the term
commenced, shall on that date be entitled to all personnel benefits
and rights under the law which would have attached to the person's
position if he or she had been appointed and had served throughout
his or her state university employment under the provisions of law
applicable to persons serving under appointments made pursuant to
Article 2 (commencing with Section 89530).
On and after July 1, 1961, the person shall be entitled to all
personnel benefits and rights conferred by Section 66609 upon state
employees appointed pursuant to Article 2 and transferred to the
Trustees of the California State University by that section.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if the
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
89510. (a) The trustees may grant a leave of absence without
compensation to any nonacademic employee.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if such
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
89512. (a) Upon the expiration of the leave of absence granted
pursuant to Section 89510 the employee to whom the leave of absence
was granted is entitled to reinstatement in the position he held at
the time the leave of absence was granted him, if the position is
still in existence, or to any other comparable existing vacant
position for which he is qualified.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if such
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
89513. (a) Every employee who has entered or who hereafter enters
the active military service of the United States of America or of the
State of California, including active service in any uniformed
auxiliary of, or to, any branch of such military service created or
authorized as such auxiliary by the Congress of the United States of
America or by the Legislature of the State of California, or in the
full-time paid service of the American Red Cross, during any period
of national emergency declared by the President of the United States
of America or during any war in which the United States of America is
engaged, shall be deemed to have been entitled or shall be entitled
to absent himself from his duties.
Within six months after such employee honorably leaves such
service or has been placed on inactive duty he shall be entitled to
return to the position held by him at the time of his entrance into
such military service, at the salary to which he would have been
entitled had he not absented himself from his duties.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if such
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
89514. (a) The time during which an employee of the trustees is on
leave of absence without compensation shall not be credited toward
retirement under any retirement system of the state. If such employee
receives compensation during such leave of absence the time for
which he receives such compensation shall be credited toward
retirement. The period of any leave of absence shall not be construed
as a break in the continuity of service required toward retirement.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if such
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
89515. The trustees shall eliminate all policies which
detrimentally and unreasonably affect the employment status of
females hired by the California State University. To accomplish this
purpose, the trustees shall do all of the following:
(a) Review hiring, wages, job classifications, and advancement
practices as applied to female employees and take corrective measures
where inequities exist.
(b) Review selection procedures utilized for employment of female
employees to determine disparate selection practices.
(c) Assure opportunity of advancement for qualified female
employees to executive positions within departments and divisions.
If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if the
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
89516. The trustees may establish rules and regulations which allow
academic teaching employees, librarians, counselors, and student
affairs officers to reduce their workload from full-time to part-time
duties.
Such regulations shall include but shall not be limited to the
following if such employees wish to reduce their workload and
maintain retirement benefits pursuant to Section 20815 of the
Government Code:
(a) The employee must have reached the age of 55 prior to
reduction in workload.
(b) The employee must have been employed full-time as an academic
employee for at least 10 years of which the immediately preceding
five years were full-time employment. For purposes of this
subdivision, sabbatical and other approved leaves shall not
constitute a break in service. However, time spent on sabbatical or
on other approved leaves shall not be used in satisfying the
five-year full-time employment requirement.
(c) The option of part-time employment must be exercised at the
request of the employee and can be revoked only with the mutual
consent of the employer and the employee.
(d) The employee shall be paid a salary which is the pro rata
share of the salary the employee would be earning had the employee
not elected to exercise the option of part-time employment but shall
retain all other rights and benefits for which the employee makes the
payments that would be required if the employee remained in
full-time employment.
The employee shall receive health benefits in the same manner as a
full-time employee.
This section shall only be applicable to academic teaching
employees, librarians, counselors, and student affairs officers who
receive no higher salary than the maximum paid to a department
chairman.
If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if such
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
89517. (a) The minimum and maximum salary limits for laborers,
workmen, and mechanics employed on an hourly or per diem basis need
not be uniform throughout the state, but the trustees shall
ascertain, as to each such position, the general prevailing rate of
such wages in the various localities of the state.
In fixing such minimum and maximum salary limits within the
various localities of the state, the trustees shall take into account
the prevailing rates of wages in the localities in which the
employee is to work and other relevant factors, and shall not fix the
minimum salary limits below the general prevailing rate so
ascertained for the various localities.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if such
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
89518. (a) Any librarian employed by the trustees on a 12-month
basis in a fiscal year has the right to elect to be employed for one
or more fiscal years on a 10-month basis. The compensation of any
librarian making the election shall be reduced for any such fiscal
year in the same proportion as the compensation of instructional
academic employees whose fiscal year employment basis is changed from
a 12-month basis to a 10-month basis.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if such
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
89519. (a) The trustees shall grant a leave of absence without pay
for the purposes of the pregnancy, childbirth or the recovery
therefrom of a female employee, for a period as determined by the
employee not exceeding one year to any permanent employee under the
jurisdiction of the trustees. When the employee has notified the
trustees as to the period of the leave of absence required, any
change in the length of the period of leave shall not be effective
unless approved by the trustees.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if such
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
89519.5. (a) Subject to subdivision (b), the trustees shall grant
to an employee, who has exhausted all available sick leave, the
following leaves of absence with pay:
(1) A leave of absence not exceeding 30 days to any employee who
is an organ donor in any one-year period, for the purpose of donating
his or her organ to another person.
(2) A leave of absence not exceeding five days to any employee who
is a bone marrow donor in any one-year period, for the purpose of
donating his or her bone marrow to another person.
(b) To receive a leave of absence pursuant to subdivision (a), an
employee shall provide written verification to the trustees that he
or she is an organ or bone marrow donor and that there is a medical
necessity for the donation of the organ or bone marrow.
(c) Any period of time during which an employee is required to be
absent from his or her position by reason of being an organ or bone
marrow donor is not a break in his or her continuous service for the
purpose of his or her right to salary adjustments, sick leave,
vacation, annual leave, or seniority.
(d) If an employee is unable to return to work beyond the time or
period that he or she is granted leave pursuant to this section, he
or she shall be paid any vacation balance, annual leave balance, or
accumulated compensable overtime. The payment shall be computed by
projecting the accumulated time on a calendar basis as though the
employee was taking time off. If, during the period of projection,
the employee is able to return to work, he or she shall be returned
to his or her former position.
(e) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that, if those
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
89520. (a) The provisions of Article 4.5 (commencing with Section
19400) of Chapter 7 of Part 2 of Division 5 of the Government Code,
relating to upward mobility, shall be applicable to the California
State University System. The trustees shall administer the program
for its employees and shall have the powers and duties with respect
to employees of the California State University System, as are given
to the State Personnel Board in Article 4.5 (commencing with Section
19400) of Chapter 7 of Part 2 of Division 5 of the Government Code,
with respect to state civil service employees. In the event of
conflict between the provisions of Article 4.5 (commencing with
Section 19400) of Chapter 7 of Part 2 of Division 5 of the Government
Code and the antidiscrimination and affirmative action requirements
of Title VI and Title VII of the Civil Rights Act of 1964, as
amended; Title IX of the Education Amendments of 1972, as amended;
Executive Order Number 11246, as amended, and the rules and
regulations adopted under each of these, the federal law shall
prevail.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if the
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
89522. All applications for appointment to academic, administrative
and nonacademic positions shall include a place for listing
volunteer experience and such experience shall be considered if it is
relevant to the position being applied for.
89523. (a) Any employee who, immediately prior to becoming an
employee, was an employee of an auxiliary organization as provided in
Section 89900, and whose functions and employment were, subsequent
to January 1, 1969, transferred to and assumed by a state university
or college, shall be entitled to accumulate credit for vacation at
the rate to which he or she would have been entitled if his or her
employment by the auxiliary organization had been employment by a
state university or college.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if the
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
89524. (a) Any employee who, immediately prior to becoming an
employee, was an employee of an auxiliary organization as provided in
Section 89900, and whose functions and employment were, subsequent
to January 1, 1969, transferred to and assumed by a state university
or college, shall be entitled to retain accumulated sick leave, and
to accumulate sick leave credit as if his or her employment by the
auxiliary organization had been employment by a state university or
college.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if the
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
89525. When an employee uses sick leave or vacation, or both,
because of an injury compensable under the Labor Code, and the
California State University is reimbursed by a third person for its
damages by reason of this use, there shall be granted, for credit to
the employee's sick leave or vacation account, sick leave or vacation
equivalent to the amount so used or proportionately if reimbursement
is only in part. If the California State University does not collect
from the third person the full amount of the compensation paid and
other damages for which it is liable to the employee, and if the
amount collected is not itemized so that there may be ascertained the
amount collected in reimbursement for the sick leave or vacation
used, the sick leave or vacation to be credited shall be in the same
ratio to the sick leave or vacation used as the total amount
collected bears to the total amount of the California State
University's damages. "Sick leave" or "vacation," as used in this
rule, includes sick leave or vacation credit used to augment
disability indemnity.
89527. (a) An officer or employee who is or may be entitled to
temporary disability indemnity under Division 4 (commencing with
Section 3200) or Division 4.5 (commencing with Section 6100) of the
Labor Code shall receive any accumulated sick leave, or accumulated
compensable overtime, or accumulated vacation for the absence. The
trustees shall decrease the charge of sick leave, or compensable
overtime, or vacation in the amount of temporary disability payment
received so that the officer or employee shall not receive payment in
excess of full salary or wage.
If an officer or employee does not wish to use his or her
accumulated sick leave, or accumulated compensable overtime, or
accumulated vacation, he or she shall notify his or her appointing
power within 15 days after the injury is reported to the appointing
power. After the 15 days his or her accumulations shall be used until
the date he or she notifies the appointing power in writing that he
or she no longer wishes to use the accumulations. When computing sick
leave, or overtime, or vacation under this section the employee
shall be given credit for any holidays that occur during the period
of absence hereunder.
He or she is, nevertheless, entitled to medical, surgical, and
hospital treatment as provided in the Labor Code. When his or her
accumulated sick leave, or overtime, or vacation, or all, are
exhausted, he or she is still entitled to receive disability
indemnity.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if the
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
89528. (a) In order to improve the recruitment and retention of
faculty in specified academic disciplines, the trustees shall
establish a supplemental salary program.
Each fiscal year, the trustees shall identify both of the
following:
(1) Those academic disciplines for which recruiting and retaining
competent faculty has been a problem because the faculty salaries
generally applicable are not competitive with salaries offered by
industry or by other educational institutions.
(2) Those faculty members in the academic disciplines identified
pursuant to paragraph (1) who shall qualify for participation in the
supplemental salary program.
The memorandum of understanding between the trustees and the
appropriate faculty bargaining unit shall specify the implementation
plan for the supplemental salary program.
(b) This section shall be operative only for those years in which
the Budget Act appropriates funds specifically for the supplemental
salary program pursuant to this section.
(c) If this section is in conflict with a memorandum of
understanding reached pursuant to Chapter 12 (commencing with Section
3560) of Division 4 of Title 1 of the Government Code, the
memorandum of understanding shall be controlling without further
legislative action, except that if the provisions of a memorandum of
understanding require the expenditure of funds, the provisions shall
not become effective unless approved by the Legislature in the annual
Budget Act.
89500. (a) (1) Notwithstanding any other provision of law, the
trustees shall provide by rule for the government of their appointees
and employees, pursuant to this chapter and other applicable
provisions of law, including, but not limited to: appointment;
classification; terms; duties; pay and overtime pay; uniform and
equipment allowances; travel expenses and allowances; rates for
housing and lodging; moving expenses; leave of absence; tenure;
vacation; holidays; layoff; dismissal; demotion; suspension; sick
leave; reinstatement; and employer's contribution to employees',
annuitants', and survivors' health benefits plans.
(2) The rules adopted by the trustees relating to tenure, layoff,
dismissal, demotion, suspension, and reinstatement of academic and
administrative employees shall be adopted on or before February 1,
1962, and become effective on July 1, 1962, with respect to employees
who are academic teaching and administrative employees as defined in
subdivision (1)(e) of Section 24301, as it read on June 30, 1961, as
enacted by Chapter 2 of the Statutes of 1959.
(b) The adoption of these rules and regulations shall not be
subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code.
(c) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if the
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
89500.7. (a) The trustees shall offer, on at least a semiannual
basis, to each of the university's filers, an orientation course on
the relevant ethics statutes and regulations that govern the official
conduct of university officials.
(b) As used in this section, "filer" means each member, officer,
or designated employee of the California State University, including
a trustee, who, because of his or her affiliation with the university
or any subdivision or campus thereof, is required to file a
Statement of Economic Interests in accordance with Chapter 7
(commencing with Section 87100) of Title 9 of the Government Code.
(c) The trustees shall maintain records indicating the specific
attendees, each attendee's job title, and dates of their attendance
for each orientation course offered pursuant to this section. These
records shall be maintained for a period of at least five years after
each course is offered. These records shall be public records
subject to inspection and copying in accordance with subdivision (a)
of Section 81008 of the Government Code and any other public records
disclosure laws that are applicable to the university.
(d) Except as provided in subdivision (e), each filer shall attend
the orientation course established pursuant to subdivision (a) in
accordance with both of the following:
(1) For a person who, as of January 1, 2005, is a filer, as
defined in subdivision (b), not later than December 31, 2005, and
thereafter, at least once during each consecutive period of two
calendar years commencing on January 1, 2007.
(2) For a person who becomes a filer, as defined in subdivision
(b), after January 1, 2005, within six months after he or she becomes
a filer, and at least once during each consecutive period of two
calendar years commencing on January 1 of the first odd-numbered year
thereafter.
(e) The requirements of subdivision (d) shall not apply to a
filer, as defined in subdivision (b), who has taken an ethics
orientation course through another state agency or the Legislature
within the periods set forth in paragraphs (1) and (2) of subdivision
(d) if, in the determination of the trustees, that course covered
substantially the same material as the course the university would
offer to the filer pursuant to this section.
89501. (a) For the purpose of facilitating the recruitment of
professional and technically trained persons to fill positions for
which there is a shortage of qualified applicants, the trustees may
authorize payment of all or a part of the travel expense of
applicants who are called for interview and all or a part of the
travel and moving expense of persons who change their place of
residence to accept employment with the state. These payments shall
be made only upon the certification of the trustees that the
expenditure is necessary in order to recruit qualified persons needed
by the California State University.
If, for reasons that do not meet the approval of the trustees, the
employee or applicant for employment does not accept or continue the
employment for a period of two years, he or she shall reimburse the
trustees for the moving and travel expenses for the full or
proportionate amount.
For the purposes of this section, satisfactory reasons for not
completing two years of employment shall be death, prolonged illness,
disability, unacceptability of the applicant or employee to the
trustees, and similar eventualities beyond the control of the
applicant or employee.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if the
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
89502. (a) It is the policy of the state that the workweek of the
employees of the California State University shall be 40 hours, and
the workday of such employees eight hours, except that workweeks and
workdays of a different number of hours may be established in order
to meet the varying needs of the different campuses and facilities.
It is the policy of the state to avoid the necessity for overtime
work whenever possible.
This policy does not restrict the extension of regular
working-hour schedules on an overtime basis when the action is
necessary to carry on the business of the California State University
properly during a manpower shortage.
The trustees may provide for the payment of overtime in designated
classes for work performed after the normal scheduled workday or
normal scheduled workweek, when the designation is appropriate to the
designated class.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if the
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
89503. (a) The trustees may authorize payments into a private fund
to provide health and welfare benefits to nonpermanent employees of
the class specified in Section 19830 of the Government Code employed
by the trustees, upon a finding by the trustees as to any position
that the criteria stated in subdivision (a) of Section 19831 of the
Government Code are satisfied.
(b) Payments made by the state pursuant to this section to any
fund on behalf of any employees shall be in lieu of benefits such as
vacation allowance, sick leave, and retirement that may be granted
directly by the state in accordance with law.
(c) The trustees may determine the equitable application of this
section to ensure that the employees receive benefits comparable to,
but not in excess of, those provided in comparable private
employment.
(d) The payments authorized by this section shall be a proper
charge against any funds available for the support of the California
State University.
(e) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that, if the
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
89504. (a) Upon separation from service without fault on his or her
part, an employee is entitled to a lump-sum payment as of the time
of separation for any unused or accumulated vacation or for any time
off to which the employee is entitled by reason of previous overtime
work where compensating time off for overtime work is provided for by
the trustees. This sum shall be computed by projecting the
accumulated time on a calendar basis so that the lump sum will equal
the amount which the employee would have been paid had the employee
taken the time off but not separated from the service.
(b) Employees separated from service through fault of their own
are entitled to a lump-sum payment for compensating time off for
overtime work, and in addition, the portion, if any, of unused
vacation as the trustees may determine. The computation of this sum
shall be based on actual accumulated time without projection as
provided in subdivision (a).
(c) Lump-sum payment for vacation shall not be made to a person
who separates from a position for the purpose of accepting another
position in the state service, except either of the following:
(1) Upon movement to a position in which vacation credits are
neither accrued nor used.
(2) Upon reassignment of an employee, subsequent to January 1,
1965, from a position other than an academic year position, to an
academic year position.
However, a lump-sum payment shall not be made to a person who
returns to a position in the same class within 15 working days of the
date of the person's resignation.
(d) Except for payment authorized or excluded under subdivision
(c), an employee who returns to state service during the period
through which his or her lump-sum payment was computed may refund the
amount of lump-sum payment which exceeds his or her break in service
and have the balance of credits restored as though he or she had
remained in state service and taken the time off.
(e) If subdivisions (a) to (d), inclusive, are in conflict with
the provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if the
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
(f) Notwithstanding other provisions of this section, the trustees
may provide for lump-sum payment for vacation for nonrepresented
employees of the California State University.
89505. The trustees, subject to such conditions as they may
establish, may purchase annuity contracts for any of their employees,
and shall reduce the salary of any such employee for whom such
contract is purchased in the amount of the cost thereof; provided
that each of the following conditions are met:
(a) The annuity contract is under an annuity plan which meets the
requirements of Section 403(b) of the Internal Revenue Code of 1954
of the United States as amended by the Employment Retirement Income
Security Act of 1974 (P.L. 93-406).
(b) The employee makes application to the trustees for such
purchase and reduction of salary.
(c) All provisions of the Insurance Code applicable to the
purchase of such annuities are satisfied.
If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if such
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
89505.5. (a) Officers and employees of the California State
University may participate in the deferred compensation plan
established pursuant to Section 19993 of the Government Code upon
compliance with the statutory prerequisites for participation in the
plan.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if the
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
89506. (a) The trustees, subject to such conditions as they may
establish, may enter into contracts of group life insurance and
contracts of group disability insurance or protection with respect to
any class of their employees they may designate or with respect to
all such employees, with any insurer, medical service plan, or
nonprofit hospital service plan corporation they may select;
provided, that all applicable provisions of state law relating to any
such coverage, or to the qualifications of the provider of coverage,
are satisfied.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if such
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
89507. (a) The trustees, subject to any conditions which the
trustees may impose, may establish programs of insurance with respect
to any class of employees of the trustees which the trustees may
designate or with respect to all of the employees of the trustees,
with any insurer or insurers, insurance broker or brokers, or
insurance agent or agents, the trustees may select, provided that all
applicable provisions of the Insurance Code relating to the
insurance, or to the qualifications of the insurer, broker, or agent,
are satisfied. The premiums of the programs of insurance shall be
borne by the employees, employer, or employees and employer
participating therein.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if the
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
89508. (a) Each person holding a four-year term appointment under
Section 80507 on June 30, 1961, regardless of when the term
commenced, shall on that date be entitled to all personnel benefits
and rights under the law which would have attached to the person's
position if he or she had been appointed and had served throughout
his or her state university employment under the provisions of law
applicable to persons serving under appointments made pursuant to
Article 2 (commencing with Section 89530).
On and after July 1, 1961, the person shall be entitled to all
personnel benefits and rights conferred by Section 66609 upon state
employees appointed pursuant to Article 2 and transferred to the
Trustees of the California State University by that section.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if the
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
89510. (a) The trustees may grant a leave of absence without
compensation to any nonacademic employee.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if such
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
89512. (a) Upon the expiration of the leave of absence granted
pursuant to Section 89510 the employee to whom the leave of absence
was granted is entitled to reinstatement in the position he held at
the time the leave of absence was granted him, if the position is
still in existence, or to any other comparable existing vacant
position for which he is qualified.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if such
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
89513. (a) Every employee who has entered or who hereafter enters
the active military service of the United States of America or of the
State of California, including active service in any uniformed
auxiliary of, or to, any branch of such military service created or
authorized as such auxiliary by the Congress of the United States of
America or by the Legislature of the State of California, or in the
full-time paid service of the American Red Cross, during any period
of national emergency declared by the President of the United States
of America or during any war in which the United States of America is
engaged, shall be deemed to have been entitled or shall be entitled
to absent himself from his duties.
Within six months after such employee honorably leaves such
service or has been placed on inactive duty he shall be entitled to
return to the position held by him at the time of his entrance into
such military service, at the salary to which he would have been
entitled had he not absented himself from his duties.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if such
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
89514. (a) The time during which an employee of the trustees is on
leave of absence without compensation shall not be credited toward
retirement under any retirement system of the state. If such employee
receives compensation during such leave of absence the time for
which he receives such compensation shall be credited toward
retirement. The period of any leave of absence shall not be construed
as a break in the continuity of service required toward retirement.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if such
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
89515. The trustees shall eliminate all policies which
detrimentally and unreasonably affect the employment status of
females hired by the California State University. To accomplish this
purpose, the trustees shall do all of the following:
(a) Review hiring, wages, job classifications, and advancement
practices as applied to female employees and take corrective measures
where inequities exist.
(b) Review selection procedures utilized for employment of female
employees to determine disparate selection practices.
(c) Assure opportunity of advancement for qualified female
employees to executive positions within departments and divisions.
If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if the
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
89516. The trustees may establish rules and regulations which allow
academic teaching employees, librarians, counselors, and student
affairs officers to reduce their workload from full-time to part-time
duties.
Such regulations shall include but shall not be limited to the
following if such employees wish to reduce their workload and
maintain retirement benefits pursuant to Section 20815 of the
Government Code:
(a) The employee must have reached the age of 55 prior to
reduction in workload.
(b) The employee must have been employed full-time as an academic
employee for at least 10 years of which the immediately preceding
five years were full-time employment. For purposes of this
subdivision, sabbatical and other approved leaves shall not
constitute a break in service. However, time spent on sabbatical or
on other approved leaves shall not be used in satisfying the
five-year full-time employment requirement.
(c) The option of part-time employment must be exercised at the
request of the employee and can be revoked only with the mutual
consent of the employer and the employee.
(d) The employee shall be paid a salary which is the pro rata
share of the salary the employee would be earning had the employee
not elected to exercise the option of part-time employment but shall
retain all other rights and benefits for which the employee makes the
payments that would be required if the employee remained in
full-time employment.
The employee shall receive health benefits in the same manner as a
full-time employee.
This section shall only be applicable to academic teaching
employees, librarians, counselors, and student affairs officers who
receive no higher salary than the maximum paid to a department
chairman.
If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if such
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
89517. (a) The minimum and maximum salary limits for laborers,
workmen, and mechanics employed on an hourly or per diem basis need
not be uniform throughout the state, but the trustees shall
ascertain, as to each such position, the general prevailing rate of
such wages in the various localities of the state.
In fixing such minimum and maximum salary limits within the
various localities of the state, the trustees shall take into account
the prevailing rates of wages in the localities in which the
employee is to work and other relevant factors, and shall not fix the
minimum salary limits below the general prevailing rate so
ascertained for the various localities.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if such
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
89518. (a) Any librarian employed by the trustees on a 12-month
basis in a fiscal year has the right to elect to be employed for one
or more fiscal years on a 10-month basis. The compensation of any
librarian making the election shall be reduced for any such fiscal
year in the same proportion as the compensation of instructional
academic employees whose fiscal year employment basis is changed from
a 12-month basis to a 10-month basis.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if such
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
89519. (a) The trustees shall grant a leave of absence without pay
for the purposes of the pregnancy, childbirth or the recovery
therefrom of a female employee, for a period as determined by the
employee not exceeding one year to any permanent employee under the
jurisdiction of the trustees. When the employee has notified the
trustees as to the period of the leave of absence required, any
change in the length of the period of leave shall not be effective
unless approved by the trustees.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if such
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
89519.5. (a) Subject to subdivision (b), the trustees shall grant
to an employee, who has exhausted all available sick leave, the
following leaves of absence with pay:
(1) A leave of absence not exceeding 30 days to any employee who
is an organ donor in any one-year period, for the purpose of donating
his or her organ to another person.
(2) A leave of absence not exceeding five days to any employee who
is a bone marrow donor in any one-year period, for the purpose of
donating his or her bone marrow to another person.
(b) To receive a leave of absence pursuant to subdivision (a), an
employee shall provide written verification to the trustees that he
or she is an organ or bone marrow donor and that there is a medical
necessity for the donation of the organ or bone marrow.
(c) Any period of time during which an employee is required to be
absent from his or her position by reason of being an organ or bone
marrow donor is not a break in his or her continuous service for the
purpose of his or her right to salary adjustments, sick leave,
vacation, annual leave, or seniority.
(d) If an employee is unable to return to work beyond the time or
period that he or she is granted leave pursuant to this section, he
or she shall be paid any vacation balance, annual leave balance, or
accumulated compensable overtime. The payment shall be computed by
projecting the accumulated time on a calendar basis as though the
employee was taking time off. If, during the period of projection,
the employee is able to return to work, he or she shall be returned
to his or her former position.
(e) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that, if those
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
89520. (a) The provisions of Article 4.5 (commencing with Section
19400) of Chapter 7 of Part 2 of Division 5 of the Government Code,
relating to upward mobility, shall be applicable to the California
State University System. The trustees shall administer the program
for its employees and shall have the powers and duties with respect
to employees of the California State University System, as are given
to the State Personnel Board in Article 4.5 (commencing with Section
19400) of Chapter 7 of Part 2 of Division 5 of the Government Code,
with respect to state civil service employees. In the event of
conflict between the provisions of Article 4.5 (commencing with
Section 19400) of Chapter 7 of Part 2 of Division 5 of the Government
Code and the antidiscrimination and affirmative action requirements
of Title VI and Title VII of the Civil Rights Act of 1964, as
amended; Title IX of the Education Amendments of 1972, as amended;
Executive Order Number 11246, as amended, and the rules and
regulations adopted under each of these, the federal law shall
prevail.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if the
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
89522. All applications for appointment to academic, administrative
and nonacademic positions shall include a place for listing
volunteer experience and such experience shall be considered if it is
relevant to the position being applied for.
89523. (a) Any employee who, immediately prior to becoming an
employee, was an employee of an auxiliary organization as provided in
Section 89900, and whose functions and employment were, subsequent
to January 1, 1969, transferred to and assumed by a state university
or college, shall be entitled to accumulate credit for vacation at
the rate to which he or she would have been entitled if his or her
employment by the auxiliary organization had been employment by a
state university or college.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if the
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
89524. (a) Any employee who, immediately prior to becoming an
employee, was an employee of an auxiliary organization as provided in
Section 89900, and whose functions and employment were, subsequent
to January 1, 1969, transferred to and assumed by a state university
or college, shall be entitled to retain accumulated sick leave, and
to accumulate sick leave credit as if his or her employment by the
auxiliary organization had been employment by a state university or
college.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if the
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
89525. When an employee uses sick leave or vacation, or both,
because of an injury compensable under the Labor Code, and the
California State University is reimbursed by a third person for its
damages by reason of this use, there shall be granted, for credit to
the employee's sick leave or vacation account, sick leave or vacation
equivalent to the amount so used or proportionately if reimbursement
is only in part. If the California State University does not collect
from the third person the full amount of the compensation paid and
other damages for which it is liable to the employee, and if the
amount collected is not itemized so that there may be ascertained the
amount collected in reimbursement for the sick leave or vacation
used, the sick leave or vacation to be credited shall be in the same
ratio to the sick leave or vacation used as the total amount
collected bears to the total amount of the California State
University's damages. "Sick leave" or "vacation," as used in this
rule, includes sick leave or vacation credit used to augment
disability indemnity.
89527. (a) An officer or employee who is or may be entitled to
temporary disability indemnity under Division 4 (commencing with
Section 3200) or Division 4.5 (commencing with Section 6100) of the
Labor Code shall receive any accumulated sick leave, or accumulated
compensable overtime, or accumulated vacation for the absence. The
trustees shall decrease the charge of sick leave, or compensable
overtime, or vacation in the amount of temporary disability payment
received so that the officer or employee shall not receive payment in
excess of full salary or wage.
If an officer or employee does not wish to use his or her
accumulated sick leave, or accumulated compensable overtime, or
accumulated vacation, he or she shall notify his or her appointing
power within 15 days after the injury is reported to the appointing
power. After the 15 days his or her accumulations shall be used until
the date he or she notifies the appointing power in writing that he
or she no longer wishes to use the accumulations. When computing sick
leave, or overtime, or vacation under this section the employee
shall be given credit for any holidays that occur during the period
of absence hereunder.
He or she is, nevertheless, entitled to medical, surgical, and
hospital treatment as provided in the Labor Code. When his or her
accumulated sick leave, or overtime, or vacation, or all, are
exhausted, he or she is still entitled to receive disability
indemnity.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if the
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
89528. (a) In order to improve the recruitment and retention of
faculty in specified academic disciplines, the trustees shall
establish a supplemental salary program.
Each fiscal year, the trustees shall identify both of the
following:
(1) Those academic disciplines for which recruiting and retaining
competent faculty has been a problem because the faculty salaries
generally applicable are not competitive with salaries offered by
industry or by other educational institutions.
(2) Those faculty members in the academic disciplines identified
pursuant to paragraph (1) who shall qualify for participation in the
supplemental salary program.
The memorandum of understanding between the trustees and the
appropriate faculty bargaining unit shall specify the implementation
plan for the supplemental salary program.
(b) This section shall be operative only for those years in which
the Budget Act appropriates funds specifically for the supplemental
salary program pursuant to this section.
(c) If this section is in conflict with a memorandum of
understanding reached pursuant to Chapter 12 (commencing with Section
3560) of Division 4 of Title 1 of the Government Code, the
memorandum of understanding shall be controlling without further
legislative action, except that if the provisions of a memorandum of
understanding require the expenditure of funds, the provisions shall
not become effective unless approved by the Legislature in the annual
Budget Act.
