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

employee shall be determined by the community college district. The frequency of appointment, length of employment, and the circumstances appropriate for the appointment of firms or individuals under emergency appointments shall be restricted to prevent the use of emergency appointments to circumvent the regular hiring process.

7. E QUIPMENT OR M ATERIALS N OT A VAILABLE FROM D ISTRICT A personal-services contract is also permissible when it will provide equipment, materials, facilities, or support services that could not feasibly be provided by the community college district in the location where the services are to be performed. 8. S ERVICES ARE OF U RGENT , T EMPORARY , OR O CCASIONAL N ATURE A community college may hire under a personal-services contract where the services are of such an urgent, temporary, or occasional nature that the delay incumbent in their implementation under the community college district’s regular or ordinary hiring process would frustrate their very purpose.

Again, merit system districts should note that under Education Code section 88076, community college districts must classify employees whose contribution consists solely of the rendition of individual personal services and does not fall within the scope of the following exceptions: Academic positions, Part-time playground positions, Full-time students employed part-time, Part-time students employed part time in any college work-study program or in a work experience education program conducted by a community college that is financed by state or federal funds, Apprentice positions, Professional experts hired on a temporary basis for a specific project by the governing board or by the commission when so designated by the commission. The “test” for whether a community college district may contract for services depends on the nature of the services, necessary qualifications required of the person furnishing the services, and the availability of service from public sources. 91

LCW Practice Advisor

LCW Practice Advisor

Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts ©2018 (c) Liebert Cassidy Whitmore 38