Title 5: "Shall" Means Mandatory

Spring
1996
Resolution Number: 
06.07
Contact: 
Assigned to : 
Category: 
State and Legislative Issues
Status: 
Completed

Whereas the administration at Pasadena City College has officially maintained that the term "shall" in Title 5 is to be interpreted as "should" when applied to the duties of their Board of Trustees including "to consult collegially" on "academic and professional matters" such as the budget process, and

Whereas the Superior Court of the State of California (Pasadena), apparently relying on the administration's mischaracterizations, agreed that the "shall" really means "should," resulting in the matter being now before the California Appellate Court, and

Whereas the Academic Senate for California Community Colleges considers it important to all California faculty senates to have the "shall" provisions of Title 5 be interpreted as mandatory and not permissive as they relate to "consulting collegially" on academic and professional matters,


Resolved that the Academic Senate for California Community Colleges maintain that the "shall" provisions of Title 5 create a mandatory duty rather than a permissive suggestion to "consult collegially" on academic and professional matters including the budgetary process, and

Resolved that the Academic Senate for California Community Colleges direct the Executive Committee to seek independent legal counsel on this matter and file an Amicus Brief if appropriate.
M/S/C Disposition: Board of Governors, Executive Committee, Local Senates

Status Report: 

Seek legal counsel on filing of Amicus Brief - file brief if appropriate.