American Federation of Teachers Guild v. San Diego Community College Dist.
This appeal from a judgment dismissing a petition for a writ of mandate following the court's sustaining of a general demurrer without leave to amend, involves a disagreement between plaintiff American Federation of Teachers Guild, Local 1931, San Diego and Grossmont-Cuyamaca Community Colleges (the Guild) and defendants San Diego Community College District and San Diego Community College District Board of Trustees (together the District) regarding the District's exclusion of six categories of current and former nonacademic employees from the District's classified service─which confers certain statutory rights and benefits to classified employees─based on two exemptions set forth in the Education Code (undesignated statutory references will be to the Education Code unless otherwise specified).
Specifically, the District excluded from its classified service (1) lifeguards, tutors, art models, accompanists, and interpreters for the deaf under the personal services contracting exemption set forth in section 88003.1, subdivision (b)(7) (hereafter section 88003.1(b)(7)), under which such exclusion is permissible when the services "are of such an urgent, temporary, or occasional nature that the delay incumbent in their implementation under the community college district's regular or ordinary hiring process would frustrate their very purpose"; and (2) employees of the District's KSDS Jazz88.3 radio station under the professional experts exemption set forth in section 88003, which provides that "professional experts employed on a temporary basis for a specific project, regardless of length of employment, shall not be a part of the classified service."
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