From: Joel, Harry
Sent: Wednesday, March 04, 2009 5:47 PM
To: Malamud, Monica; Estes, Susan; Stroud, Regina; Mohr, Tom; Claire, Michael E.
Subject: FW: Flex Day – March 11, 2009 (Revised)

Dear All:

As you know, this coming March 11, 2009 is the first time we have held a flex day in the middle of the semester. This has caused concern regarding our evening adjunct faculty whose classes on Wednesday, March 11, 2009 will be cancelled. Title 5 provides “Subject to the approval of the Chancellor pursuant to section 55724, a community college district may designate an amount of time in each fiscal year for employees to conduct staff, student, and instructional improvement activities. These activities may be conducted at any time during the fiscal year. The time designated for these activities shall be known as flexible time.”

The AFT contract states that “Part-time faculty shall participate in flex activities as part of their basic assignment if the flex day falls on a scheduled work day.” We know that evening classes on March 11 will be not be held due to this day (and evening) being a flex day. If an evening part time faculty member’s class is not held and he/she elects to participate in a flex day activity that day or another day, and a flex day participation form is submitted, he/she should be paid for the flex day. I don’t think we want to penalize the faculty member by not paying for flex time when a class is not held.

We know that the AFT contract also states that “Other part-time faculty members may voluntarily participate in flex activities, but shall not receive pay for such activity.” I interpret this to mean that if a part-time faculty member does not teach on March 11, 2009 but teaches on Tuesday and Thursday, March 10th and 12th, and decides to participate in a flex day activity, there would be no pay for the flex time.

Monica, I believe this summarizes to what we have agreed.

HJ

Harry W. Joel, Vice Chancellor
Human Resources & Employee Relations
San Mateo Community College District
3401 CSM Drive, San Mateo, CA 94402
650-358-6767 Fax: 650-574-6574
joelh@smccd.edu