Section 7:?Appointment Status – Confidential Employees
Letter of Appointment
Upon hire, confidential employees shall be provided with a letter of employment which shall contain appointment status, job title, name of supervisor, beginning date, salary placement and probationary status and will be accompanied by a current class description and a copy of the Management/Confidential Employee’s Handbook. Appointment status and subsequent extensions or modifications will be given to the employee in writing.
If the employee had previously been a member of a PCC bargaining unit, the employee will be provided with comparative information and transitional information relating to changes in appointment status, compensation and/or benefits.
Exempt and Non-Exempt Status
There are two categories of confidential employees, those who are non-exempt and those who are exempt from coverage of the Federal Fair Labor Standards Act. These categories primarily affect eligibility for payment of overtime or compensatory time off for overtime worked, but also affect some conditions of employment as noted below. Exempt employees are not entitled to overtime payment or accumulation of compensatory time.
Probationary Appointments
All confidential employees whether new to the College or moving from another employee group (e.g., classified or academic professional), will serve a probationary period.
Non-exempt confidential employees who are new to the College will serve a 9 month probationary period from the date of appointment. Non-exempt confidential employees moving from another employee group into the confidential group will serve a three month probationary period.
Exempt confidential employees will serve a probationary period of three consecutive fiscal years of service from the date of appointment. The three consecutive years of service will be calculated as follows: Credit for the first year of service for employees hired prior to January 15th of any year is from the date of hire to the end of the fiscal year. For employees hired after January 15th, the first year of service will begin at the start of the next fiscal year. Credit for the second and third years is based upon a continuous full fiscal year of service.
These annual appointments constitute a probationary period which is generally three years. However, Management may determine that it is necessary to extend the probationary period for a fourth or fifth year. In such cases, the employee shall be notified in writing of the extension and the reasons. In no case shall the probationary period exceed five years.
Confidential employees shall be notified in writing at least ninety (90) days in advance should their annual appointment not be continued. During probation employees may be dismissed upon written notice without following the progressive discipline process described in Section 10.
Continuous Appointments
Upon completion of the probationary period, continuous appointment status for confidential employees shall be based upon the recommendations of the supervisor through the appropriate management channels for approval. Continuous special appointment letters shall be issued to a confidential employee fulfilling all the terms outlined above. Unless notified otherwise, continuous appointments are automatically renewed on the same terms and conditions each year.
All Confidential employees (non-exempt and exempt) shall be notified in writing at least 180 days in advance should their continuous appointment not be renewed.
Temporary Assignments
A special letter of assignment will be used to appoint a confidential employee to fill a budgeted position on a temporary basis for a minimum of 1040 hours in a fiscal year, or for a fixed period established at the time of hire.
Temporary appointments shall be subject to termination at the end date established in the originating agreement or subject to reduction at any time depending on the availability of funding and/or the needs of the College. Written notice of termination or a change in employment status will be provided to the employee as soon as possible to provide the employee with as much notice as can be reasonably given.
Miscellaneous Provisions
Employees shall be evaluated prior to the completion of their probationary period and notified in writing should their probationary appointment not be continued. Employees whose probationary appointment will not be continued and who have completed prior probationary periods in other positions within the College may be reassigned if a suitable position is found. Employees terminated during the probationary period do not have access to the grievance process.
Confidential employees wishing to return to or be appointed to faculty, classified, or academic professional status may apply for vacant positions through the existing procedures and/or through applicable processes in the College’s collective bargaining agreements.
General Appointment Status Changes
A confidential position or positions may be eliminated in the event of discontinuance or reduction of programs due to lack of enrollment or other causes. In such cases, the College will attempt to place affected confidential employees in other suitable positions when available. If suitable positions are not available, the College will provide written notice in accordance with the provisions for probationary and continuous appointment non-renewal prior to the effective date of termination.
In the event of financial shortage or emergency as declared by the Board, a confidential employee may be terminated as follows: temporary or special appointments upon notice; probationary appointments with two weeks following receipt of written notice; and continuous appointment with one month following receipt of written notice.