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

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-
California School Employees Ass'n v. Governing
Board of the Marin Community College District.
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.,
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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