Section 42723 - Employment Status(a) A Management Personnel Plan employee serves at the will of the campus President or the Chancellor, as appropriate. A Management Personnel Plan employee shall not serve a probationary period and shall not receive permanent status.(b) Athletic personnel who are appointed to positions in the Management Personnel Plan may be given appointments for a definite term. Any such appointment must be in writing and contain the initial date of appointment, the date on which the appointment expires, and a statement that the appointment may be terminated by the appointing authority at any time on terms set forth in the appointment document.(c) A Management Personnel Plan employee who had permanent status in a class prior to January 1, 1984 shall retain permanent status in the class despite inclusion as a Management Personnel Plan employee. A Management Personnel Plan employee who prior to January 1, 1984 was serving a probationary period may be awarded permanent status by the appointing power upon the successful conclusion of the probationary period. Upon acquisition of permanent status such an employee shall retain permanent status in the same manner as an employee who has permanent status prior to January 1, 1984.(d) A Management Personnel Plan employee who retains permanent status under subdivision (c) and who is placed in or promoted to a position under the Management Personnel Plan shall retain retreat rights as described in this subdivision (d) to the former class in which permanent status is held. Should the appointing power terminate the Management Personnel Plan employee's service in a Management Personnel Plan position, the employee shall have the right to return to the former class in which permanent status is held at the salary last received in the permanent class.(e) With respect to employees who were hired on or after January 1, 1984, the President or Chancellor, as appropriate, shall give a Management Personnel Plan employee, with the exception of athletic personnel appointed to definite terms under (b) above, notice of termination at least three months prior to the employee's separation date or shall give a Management Personnel Plan employee, with the exception of athletic personnel appointed to definite terms under (b) above, corresponding salary in lieu of notice.Cal. Code Regs. Tit. 5, § 42723
1. Amendment of subsection (d) filed 5-19-2000; operative 5-19-2000. Submitted to OAL for printing only (Register 2000, No. 26).
2. New subsection (b), subsection relettering and amendment of newly designated subsections (d) and (e) filed 11-6-2008; operative 11-6-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 45).
3. Amendment of subsections (a) and (e) filed 7-11-2023; operative 7-11-2023 pursuant to Education Code section 89030.1. Exempt from the Administrative Procedure Act and OAL review pursuant to Education Code section 89030(b). Submitted to OAL for courtesy filing and for printing only pursuant to Education Code section 89030.1(e) (Register 2023, No. 28). Note: Authority cited: Sections 89030 and 89500, Education Code. Reference: Section 89500, Education Code.
1. Amendment of subsection (d) filed 5-19-2000; operative 5-19-2000. Submitted to OAL for printing only (Register 2000, No. 26).
2. New subsection (b), subsection relettering and amendment of newly designated subsections (d) and (e) filed 11-6-2008; operative 11-6-2008 pursuant to Government Code section 11343.4(Register 2008, No. 45).
3. Amendment of subsections (a) and (e) filed 7-11-2023; operative 7/11/2023 pursuant to Education Code section 89030.1. Exempt from the Administrative Procedure Act and OAL review pursuant to Education Code section 89030(b). Submitted to OAL for courtesy filing and for printing only pursuant to Education Code section 89030.1(e) (Register 2023, No. 28).