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23 Pepp. L. Rev. 322 (1995-1996)
Holidays

handle is hein.journals/pepplr23 and id is 332 raw text is: VI. HOLIDAYS Under Education Code section 88203, Presidential Proclamation No. 6257 does not establish a paid holiday for classified employees of the Matin Com- munity College District because the proclamation was not accompanied by a corresponding federal holiday, and presidential intent to establish a holi- day was not apparent in the proclamation's lan- guage: California School Employees Ass'n v. Governing Board of the Marin Community College District. I. INTRODUCTION In California School Employees Ass'n v. Governing Board of the Main Community College District,' the California Supreme Court ad- dressed whether the National Days of Thanksgiving proclaimed by President George Bush after the cessation of hostilities in the Persian Gulf could be considered appointed days of thanksgiving within the meaning of California Education Code section 88203, resulting in holiday compensation for the community college's classified employees The court held that President Bush's proclamation did not rise to the level of an appointed day and, consequently, that the classified employees were not entitled to holiday compensation.' In so holding, the court estab- lished a test for determining whether a presidential proclamation consti- tutes a holiday for purposes of California Code of Education sections 88203 and 79020.' This new test requires the classified employees to demonstrate that the President intended to establish a national holiday by also establishing a corresponding federal holiday.' In addition, the Court held that the President's intent must be apparent in the language and tone of the proclamation itself.' 1. 8 Cal. 4th 333, 878 P.2d 1321, 33 Cal. Rptr. 2d 109 (1994). Chief Justice Lucas authored the majority opinion in which Justices Arabian, Baxter, George and Werdegar concurred. Id. at 335-47, 878 P.2d at 1324-31, 33 Cal. Rptr. 2d at 112-19. Justice Kennard wrote a separate dissenting opinion in which Justice Mosk con- curred. Id, at 347-60, 878 P.2d at 1331-40, 33 Cal. Rptr. 2d. at 119-28 (Kennard, J., dissenting). 2. Id, at 336, 878 P.2d at 1324, 33 Cal. Rptr. 2d at 112. See generally 37 CAL Ju. 3D Holidays §§ 1, 2, 5, 6 (1977); 40 C.J.S. Holidays §§ 1-7 (1991). 3. California School Employees Ass'n (hereinafter CSEA), at 344, 878 P.2d at 1329, 33 Cal. Rptr. 2d at 117. 4. See id. at 346, 878 P.2d at 1331, 33 Cal. Rptr. 2d at 119. 5. Id. 6. Id.

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