Name that Section - Frequently Used Education Code and Title 5 Sections for Community College Districts

A district may be able to contract for services successfully without engaging in bargaining if there is a management-rights clause or waiver in the collective bargaining agreement. Any such waiver must be clear, unmistakable, and knowing. 89

B. S TATUTORY P ROVISIONS A LLOWING P ERSONAL S ERVICES C ONTRACTS There are eight different circumstances under which a personal-services contract may be permissible: 90

 To achieve cost savings under very specific conditions (See Section A below);

 Where a contract is mandated by the Legislature;

 When certain services are not available within the District;

 When the services are incidental to a contract for the purchase or lease of real or personal property;  Where the contract is necessary to accomplish certain policy, administrative or legal community college district goals and purposes, and are necessary to protect against conflict of interest or to ensure independent and unbiased findings;

 For emergency appointments, not to exceed 60 working days;

 When equipment or materials are not available from the district; or

 When the services are of an urgent, temporary, or occasional nature.

1. T O A CHIEVE C OST S AVINGS W HEN A LL OF THE F OLLOWING C ONDITIONS A RE M ET : Community college districts may enter into personal services contracts for all services currently or customarily performed by classified school employees to achieve cost savings, provided that all of the following conditions are met: Clearly demonstrated overall cost savings: The governing board or contracting agency must clearly demonstrate that the proposed contract will result in actual overall cost savings to the community college district, provided that the following principles are used in comparing costs: 

 Include the community college district’s additional cost of providing the same service as proposed by a contractor. The additional costs include the salaries and benefits of additional staff that would be needed and the cost of additional space, equipment, and materials.  Exclude the community college district’s indirect overhead costs unless these costs can be attributed solely to the function in question and would not exist if that function was not performed by the community college district.

Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts ©2018 (c) Liebert Cassidy Whitmore 35