Property Interest

A contract of employment with the college district creates a property interest in the position only for the period of time stated in the contract. Such a contract creates no property interest of any kind beyond the period of time stated in the contract. Perry v. Sindermann, 408 U.S. 593 (1972); Board of Regents of State Colls. v. Roth, 408 U.S. 564 (1972)

Administrator Contracts

The governing board of an institution of higher education, including a college district, may enter into an employment contract with an administrator who is to be paid in whole or in part from appropriated funds only if, before the date the contract is executed, the governing board determines that the contract is in the best interest

of the institution. A contract entered into by the governing board under this section

may not:

1. Provide for employment for more than three years;

2. Allow for severance or other payments on the termination of the contract to exceed an amount equal to the discounted net

present cash value of the contract on termination at a market interest rate agreed upon in the contract;

3. Allow for development leave that is inconsistent with Education Code 51.105; or

4. Award tenure in any way that varies from the institution’s general policy on the award of tenure.

The institution of higher education may not pay a salary to a person who is reassigned from an administrative position to a faculty or other position at the institution that exceeds the salary of other persons with similar qualifications performing similar duties.

Education Code 51.948(a)–(c)

“Administrator” means a person who has significant administrative duties relating to the operation of the institution, including the operation of a department, college, program, or other subdivision of the institution. Education Code 51.948(g)(1)

Note: For information related to severance provisions in contracts and employment agreements, see DEA.