45220-45226
EDUCATION CODE
SECTION 45220-45226
45220. (a) "Common board" as used in this article means a board
with identical members that governs more than one school district.
"Common administration" as used in this section means the
administration by a person employed by governing boards of more than
one district or a common board to act as chief executive officer for
more than one school district.
(b) The term "a district whose average daily attendance is 3,000
or greater" shall be construed to include any district which is the
only district under the jurisdiction of the county superintendent of
schools regardless of its average daily attendance. It shall also
include districts governed by a "common board" or which use a "common
administration," as defined in this section.
45221. (a) On or after the effective date of this section the
classified employees of any district whose average daily attendance
is 3,000 or greater, may, in accordance with this article, petition
the governing board to make the provisions of Article 6 (commencing
with Section 45240) of this chapter applicable to their employer
district. That petition shall read substantially as follows:
"We, the undersigned classified employees of the _______________
(name of school district), constituting 15 percent or more of the
classified personnel entitled to vote, request the governing board
to submit to election the question of whether or not the merit
(civil service) system shall become applicable to this district.
NAME POSITION CLASSIFICATION"
"Classified employee," as used in this section, shall be construed
to include all personnel who are a part of the classified service as
defined in Section 45103.
(b) Within 120 days after receipt of the petition the governing
board shall do all of the following:
(1) Obtain the services of competent and qualified persons to
present the pros and cons of the issue. Notwithstanding this
paragraph, the classified employees who submitted the petition may
select the person or persons to present the proponent position on the
issue.
(2) Provide adequate and ample opportunity for all of its
classified personnel to attend one or more meetings at which the
issue is presented.
(3) Having complied with paragraphs (1) and (2), conduct an
election by secret ballot of its classified personnel to determine
whether or not they desire to make the merit system applicable to the
district. The ballot shall read:
"Shall the merit (civil service) system for classified employees
be applicable in the ____________ (name of school district)
__
'__' Yes
__
'__' No"
Although the ballot shall not require the employees' signatures
or other personal identifying requirements, the governing board shall
devise an identification system to ensure against fraud in the
balloting process.
(4) The governing board shall appoint a three- or five-person
tabulating committee, at least one member of which shall be a member
of the governing board, to canvass the ballots and present the
results to the governing board. If a simple majority votes in favor
of the merit system, that system shall become applicable in the
district.
(c) The tabulating committee required under this section shall
certify the results of the election to the governing board at the
next regular or special meeting of the board following the date the
committee completes tabulation of the votes. If the tabulating
committee completes the tabulation on the same day that the governing
board meets in regular or special session, the committee shall
certify the results of the election to the board at that meeting.
45222. Effective upon certification to a governing board by a
tabulating committee that an election, as authorized in Section 45221
of this code, has been successful, all of the provisions of Article
6 (commencing with Section 45240) of this chapter that can reasonably
be construed to be applicable to classified employees shall be
applicable.
All of the provisions of Article 6 (commencing with Section 45240)
of this chapter shall become fully effective upon appointment of at
least two members of the personnel commission.
The commission shall immediately adopt existing rules and
regulations of the district relating to classified personnel pending
the establishment of its rules and which are not inconsistent with
law.
45223. The governing board of a school district whose average daily
attendance is less than 3,000 may, by affirmative vote of a majority
of its members, adopt the procedure set forth in Article 6
(commencing with Section 45240) of this chapter. The motion or a
resolution for adoption of the system shall specify the date that the
provisions of Article 6 shall be applicable to the classified
employees of the district, which shall not be later than July 1 next
following the date of adoption.
45224. The governing board of a school district whose average daily
attendance is 3,000 or more may, by affirmative vote of a majority
of its members, and a county superintendent of schools, with the
consent of the majority of the members of the county board of
education, adopt the procedure set forth in Article 6 (commencing
with Section 45240) of this chapter, provided a lawful petition has
not been received as authorized in Section 45221, or may adopt the
procedure at any time after a two-year period has elapsed following
an unsuccessful election conducted in accordance with Section 45221
of this code.
The motion, order, or resolution for adoption of the procedure
shall specify the date that the provisions of Article 6 shall be
applicable to classified employees, which shall not be later than
July 1 next following the date of adoption.
45224.5. The procedure set forth in Article 6 (commencing with
Section 45240) of this chapter may also be adopted by a majority of
the voting electors of the school districts assenting to the plan
after it has been placed on the ballot upon the written petition of
qualified electors not less in number than 10 percent of the number
voting in the last election for a member of the governing board. The
question of adoption shall be placed on the ballot at the next
regular governing board member election, or the next primary or
general election in a general election year, whichever is earlier
after receipt of the petition by the registrar of voters.
The ballot measure shall specify the date that the provisions of
Article 6 (commencing with Section 45240) of this chapter shall be
applicable to classified employees, which shall not be later than
July 1 next following the date of adoption.
45225. When an election has been held, as authorized in this
article, and fails to receive a simple majority affirmative vote, the
classified employees of that district may not again petition for an
election until at least two years has elapsed since the last
election.
45226. Any person who intimidates, coerces, or discriminates in any
way against any classified employee for the doing of any act
authorized herein shall be personally liable to such employee for all
damages suffered thereby and such exemplary damages as the court may
allow.