Cal. Code Regs. tit. 5 § 53021

Current through Register 2024 Notice Reg. No. 24, June 14, 2024
Section 53021 - Recruitment
(a) Except as otherwise provided in this section, community college districts shall actively recruit from both within and outside the district work force to attract qualified and equity-minded applicants for all vacancies. This shall include outreach designed to ensure that all persons are provided the opportunity to seek employment with the district. The requirement of open recruitment shall apply to all full-time and part-time vacancies in all job categories and classifications, including, but not limited to, faculty, classified employees, categorically funded positions, and all executive/administrative/managerial positions.
(b) Recruitment for all full-time positions shall be posted in the clearinghouse established pursuant to subdivision (b) of Education Code section 87108. In addition, community college districts shall invite job seekers registered with the clearinghouse indicating an interest in the type of position(s) being recruited by the district to apply for the position(s). Recruitment for part-time faculty positions may be conducted separately for each vacancy or by annually establishing a pool of eligible candidates, but in either case full and open recruitment is required consistent with this section.
(c) "In-house or promotional only" recruitments may be used only to fill an interim position. An interim appointment may last only until a full-time appointment is made, and may not exceed two years in duration. All district employees shall be encouraged to apply for interim appointments. Otherwise, all recruitment procedures required by this subchapter shall apply.
(d) For purposes of this section, a vacancy is not created, and the requirements of subdivisions (a) and (b) do not apply, when:
(1) there is a reorganization that does not result in a net increase in the number of employees;
(2) one or more lateral transfers are made and there is no net increase in the number of employees;
(3) a position which is currently occupied by an incumbent is upgraded, reclassified, or renamed without significantly altering the duties being performed by the individual;
(4) the faculty in a division or department elect one faculty member to serve as a chairperson for a prescribed limited term;
(5) the position is filled by a temporary, short-term, or substitute employee appointed pursuant to Education Code sections 87422, 87480, 87482.5 (b), 88003, 88106 or 88109;
(6) a part-time faculty member is assigned to teach the same or fewer hours than they previously taught in the same discipline without a substantial break in service. For purposes of this section, "a substantial break in service" means more than one calendar year or such different period as may be defined by a collective bargaining agreement; or
(7) an individual not currently employed by the district, who is specially trained, experienced, and competent to serve as an administrator, and who satisfies the minimum qualifications applicable to the position, is engaged to serve as an administrator through a professional services contract. No professional services contract, or series of may exceed two years in duration.

Cal. Code Regs. Tit. 5, § 53021

1. Repealer and new section filed 3-26-92; operative 4-24-92 (Register 92, No. 17).
2. Amendment subsections (b) and (d)-(e)(2) filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
3. Amendment of subsections (a) and (b)(1)-(b)(2), repealer of subsection (b)(3), amendment of subsections (c), (d) and (e)(1)-(e)(4) and new subsection (e)(5) filed 5-31-96; operative 6-30-96. Submitted to OAL for printing only (Register 96, No. 23).
4. Amendment of section and NOTE filed 7-12-2002; operative 8-11-2002. Submitted to OAL for printing only (Register 2002, No. 35).
5. Amendment filed 11-5-2003; operative 12-5-2003. Submitted to OAL for printing only (Register 2003, No. 46).
6. Amendment filed 9-19-2013; operative 10-19-2013. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2013, No. 38).
7. Change without regulatory effect amending NOTE filed 2-2-2018; operative 2-2-2018. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2018, No. 8).
8. Repealer and new section filed 9-20-2022; operative 10-20-2022. Submitted to OAL for filing and printing only pursuant to Education Code section 70901.5 (Register 2022, No. 40).

Note: Authority cited: Sections 66271.1, 66700, 70901 and 87105, Education Code. Reference: Sections 66010.2, 66030, 66071, 66270, 87108 and 87360, Education Code; and Sections 11135, 11136, 11137, 11139 and 11139.8, Government Code.

1. Repealer and new section filed 3-26-92; operative 4-24-92 (Register 92, No. 17).
2. Amendment subsections (b) and (d)-(e)(2) filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
3. Amendment of subsections (a) and (b)(1)-(b)(2), repealer of subsection (b)(3), amendment of subsections (c), (d) and (e)(1)-(e)(4) and new subsection (e)(5) filed 5-31-96; operative 6-30-96. Submitted to OAL for printing only (Register 96, No. 23).
4. Amendment of section and Note filed 7-12-2002; operative 8-11-2002. Submitted to OAL for printing only (Register 2002, No. 35).
5. Amendment filed 11-5-2003; operative 12-5-2003. Submitted to OAL for printing only (Register 2003, No. 46).
6. Amendment filed 9-19-2013; operative 10-19-2013. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2013, No. 38).
7. Change without regulatory effect amending Note filed 2-2-2018; operative 2-2-2018. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2018, No. 8).
8. Repealer and new section filed 9-20-2022; operative 10/20/2022. Submitted to OAL for filing and printing only pursuant to Education Code section 70901.5 (Register 2022, No. 40).