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

P ARTICIPATORY G OVERNANCE

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California community colleges are required to “consult collegially” with their employees’ classified and academic senates, as well as their students’ senate. 143 PERB has made clear that senate consultation may not intrude upon the mandatory subjects of bargaining, and that consulting with an employee senate on a subject of bargaining constitutes an unfair labor practice. However, distinguishing between the appropriate spheres for labor organizations and senates can be challenging. Briefly, the regulations limit academic senate consultation to “academic and professional matters” within 11 enumerated categories: (1) curriculum; (2) degree and certificate requirements; (3) grading policies; (4) educational program development; (5) standards or policies regarding student preparation/success; (6) district and college governance structures, as related to faculty roles; (7) faculty roles in accreditation; (8) policies for faculty professional development activities; (9) program review processes; (10) institutional planning processes; and (11) other academic and professional matters, as are mutually agreed upon between the governing board and the academic senate. However, this list leaves much room for interpretation over whether consultation with the academic senate would usurp the authority of the exclusive representative. Indeed, there are areas of overlap where particular care must be taken. For example, Education Code section 87610.1, subdivision (a) requires that in districts where tenure evaluation procedures are collectively bargained, the faculty’s exclusive representative must consult with the academic senate before engaging in collective bargaining on these procedures. In short, where districts are unsure as to whether a matter involves a mandatory subject of bargaining, they should consult with counsel before engaging in discussions on the matter with their senates. The Education Code also provides for a limited consultative role for classified senates. Districts have an obligation under Education Code section 70902 and the districts’ own policies and procedures, to ensure that classified employees have an appropriate opportunity to be heard on matters that significantly impact their employment. Further, staff must be given “an opportunity to participate in the formulation and development” of any matters that significantly affect staff. 144 Thus, districts should include classified representation on any governance group that addresses issues significantly affecting the classified service. Education Code section 70901.2 also directs the manner of appointment of classified members to governance task forces. Where a district has made a decision to include classified staff on a college or district task force, committee, or other governance group, Section 70901.2 specifically invests the exclusive representative with the right to appoint such a representative. 145 However, section 70901.2 does not create a right of representation on such task forces. The exclusive representative’s appointment rights are only triggered after the district has made a determination to include classified staff on the governance committee or task force. Further, this right applies only to “governance” groups. Governance groups are those which establish policies and procedures—rather than apply existing policies and procedures to specific circumstances. Thus, for example, a committee to establish criteria for selecting an architect could be a governance function. But a committee established to apply those criteria to particular applicants is not a

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