Section 42702 - AppointmentsAppointments shall be made as follows:
(a) All appointments shall be based solely on ability and fitness for the position to be filled.(b) Persons whose names are on reemployment lists shall be offered reemployment in their previous classification before others are considered in filling vacancies and shall be given consideration appropriate to their qualifications for other available positions.(c) Persons in nonacademic, administrative, or Management Personnel Plan positions accept and hold employment in a classification subject to assignment and reassignment to any position in that classification or other classifications appropriate to their qualifications and performance on a campus or in the Office of the Chancellor.(d) The president of each campus or designee, using the consultative procedures established pursuant to section 42701 shall: (1) Make all appointments of academic employees.(2) Award or deny tenure to probationary academic employees.(3) Make all promotions of academic employees. Only tenured faculty or those selected for the simultaneous award of tenure may be promoted to the ranks of associate professor or professor.(e) Decisions made pursuant to subdivisions (d)(2) and (d)(3) of this section may be appealed to the Chancellor by the employee affected thereby.(f) The president of each campus or designee, after consultation with representatives of the faculty senate or council, shall make all appointments to the positions of vice president and dean.(g) The president of each campus or designee, subject to the approval of the Chancellor, shall reassign individuals serving in administrative positions to academic-administrative assignments.(h) The president of each campus shall use the classes of positions established by the Trustees as being in the "closely related" academic area as guides in placing individual positions in that area.(i) The president of each campus or designee shall make all appointments of administrative, nonacademic, and Management Personnel Plan employees.(j) The Chancellor or designee (1) shall make all appointments of employees in the Office of the Chancellor, except for vice chancellors,(2) shall recommend to the Trustees the appointment of vice chancellors,(3) shall make all appointments of acting presidents and,(4) shall recommend to the Trustees two or more candidates for the presidency of a campus after receiving and considering recommendations from any source, including interested faculty.(k) The Chancellor or designee:(1) May review decisions made pursuant to subdivision (d) of this section at the instance of tenured members of the faculty involved in recommendations to the president or designee provided by section 42701.(2) May review any action carried out under the provisions of article 2 or assume complete jurisdiction therein when the Chancellor determines such action to be necessary.(l) The Trustees: (1) Shall appoint the Chancellor, vice chancellors, upon recommendation of the Chancellor, the general counsel, and presidents other than acting presidents.(2) May of their own motion, review any action carried out under the provisions of article 2 or assume complete jurisdiction therein when they determine such action to be necessary and may to the extent they deem advisable delegate their authority to the Faculty and Staff Affairs Committee.(m) All appointments shall be made, and other budgetary, appointment, and classification forms shall be submitted, in accordance with procedures and forms established by the Chancellor or other lawful authority.Cal. Code Regs. Tit. 5, § 42702
1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35). For prior history, see Register 71, No. 31.
2. Amendment of subsection (k) and NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
3. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
4. Amendment of subsections (c) and (i) filed 10-10-84; effective upon filing pursuant to Government Code section 11346.2(d) (Register 84, No. 41).
5. Amendment of subsection (l) filed 5-24-91; operative 6-23-91 (Register 91, No. 27). Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
1. Amendment filed 8-22-72; effective thirtieth day thereafter (Register 72, No. 35). For prior history, see Register 71, No. 31.
2. Amendment of subsection (k) and NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).
3. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
4. Amendment of subsections (c) and (i) filed 10-10-84; effective upon filing pursuant to Government Code section 11346.2(d) (Register 84, No. 41).
5. Amendment of subsection ( l) filed 5-24-91; operative 6-23-91 (Register 91, No. 27).