88060-88139
EDUCATION CODE
SECTION 88060-88139
88060. Any community college district adopting the provisions of
this article in accordance with Section 88052 or 88057 of this
chapter shall cause the personnel commission to be appointed in the
manner prescribed in Sections 88065, 88066 and 88067. The personnel
commission shall appoint the personnel director in the manner
provided in Section 88084 after appointment of at least two of its
members.
88061. In any district in which the procedure set forth in this
article has been incorporated the governing board shall employ, pay,
and otherwise control the services of persons in nonacademic
positions in accordance with the provisions of this article.
No governing board shall remove a position from the classified
service by title assignment or otherwise unless the position is one
for which minimum qualifications have been established by the board
of governors pursuant to Section 87356.
88063. In any district that has adopted the provisions of this
article there shall be appointed a personnel commission composed of
either three or five members. The governing board of any community
college district, by a majority vote, and with the agreement of the
existing personnel commission of the district, if that commission is
in existence, may elect to increase the membership of the personnel
commission from three to five members or to decrease the membership
from five to three members. If two or more districts are under the
jurisdiction of governing boards of identical personnel, only one
commission shall be appointed. In those cases this article shall
apply alike to all of the districts, and the expenses of the
commission shall be paid out of the general funds of all of the
districts in proportion to the benefits derived therefrom as
determined by the governing board.
88063.5. Notwithstanding Section 88063 or any other provision of
law, in the case of a community college district that was formerly
under the jurisdiction of governing boards of identical personnel for
both the community college district and a unified district and that
had a majority of its population within an incorporated city which
had a population between 70,000 and 75,000 as of the 1950 census, and
where the governing board, by affirmative vote of the majority of
its members, made this article applicable to each of the districts
individually and separately, the rights of persons employed in
nonacademic positions shall continue in the same manner as if the
separation had not occurred, except that the rights shall be limited
to the district in which the person is employed on the day the action
was taken by the governing board. For purposes of determining
seniority, employment shall be deemed to have commenced as of the
date of original employment in either the unified district or the
community college district.
88064. (a) To be eligible for appointment or reappointment to the
commission, a person shall meet both of the following requirements:
(1) Be a registered voter and resident within the territorial
jurisdiction of the community college district.
(2) Be a known adherent to the principle of the merit system.
(b) No member of the governing board of any community college
district or a county board of education shall be eligible for
appointment, reappointment, or continuance as a member of the
commission. During his or her term of service, a member of the
commission shall not be an employee of the district.
(c) As used in this section, "known adherent to the principle of
the merit system," with respect to a new appointee, shall mean a
person who by the nature of his or her prior public or private
service has given evidence that he or she supports the concept of
employment, continuance in employment, in-service promotional
opportunities, and other related matters on the basis of merit and
fitness. As used in this section, "known adherent to the principle of
the merit system," with respect to a candidate for reappointment,
shall mean a commissioner who has clearly demonstrated through
meeting attendance and actions that he or she does, in fact, support
the merit system and its operation.
88065. One member of the commission shall be appointed by the
governing board of the district and one member, nominated by the
classified employees of the district, shall be appointed by the
governing board of the district. Those two members shall, in turn,
appoint the third member.
As used in this section, "classified employees" shall mean an
exclusive representative which represents the largest number of
classified employees in a unit or units within the district. If there
is no such exclusive representative within the district the
governing board shall, by written rule, prescribe the method by which
the recommendation is to be made by its classified employees.
In any community college district which has a five-member
personnel commission, two members of the commission shall be
appointed by the governing board of the district and two members,
nominated by the classified employees of the district, shall be
appointed by the governing board of the district. Those four members
of the personnel commission shall, in turn, appoint the fifth member
to the commission.
88066. (a) Within 30 days after adoption of the system the
governing board shall publicly announce its intended appointee, and
the appointee or appointees, as appropriate, nominated by its
classified employees. As soon after their appointment as practicable
but within 30 days, the appointed members shall announce their
intended appointee for the third or fifth member, as appropriate.
They may consider the recommendations of the governing board, the
classified employees, or other concerned citizens. If these members
do not announce their intended appointee within the 30-day period,
the Chancellor of the California Community Colleges shall make the
appointment.
"Adoption of the system" means, in the case of Section 88051, the
day on which a successful election is certified to the governing
board or, in the case of Section 88054, the day the governing board
approves a motion, order, or resolution to adopt the system
regardless of the date specified for operational commencement of the
system.
(b) Where a system is already in existence and a vacancy will
exist on December 1, by not later than September 30:
(1) The governing board shall publicly announce the name of the
person it intends to appoint or reappoint, if the vacancy is its
appointee.
(2) The appointee or appointees, as appropriate, of the governing
board and the appointee or appointees of the classified employees
shall publicly announce the name of the person they intend to
appoint, if the vacancy is their appointee.
If the governing board and the classified employees of the
district are unable to agree upon a nomination by September 30, the
Chancellor of the California Community Colleges shall make the
appointment within 30 days.
(c) Where a system is already in existence and a vacancy in a
position nominated by the classified employees will occur, the
classified employees shall submit the name of its nominee to the
governing board at least 30 days prior to the date on which the
vacancy will occur and the governing board shall appoint that nominee
to be effective on the date on which the vacancy would occur.
(d) At a board meeting to be held after 30 and within 45 days of
the dates specified in subdivision (a) and paragraph (1) of
subdivision (b), as the case may be, the governing board in open
hearing shall provide the public and employees and employee
organizations the opportunity to express their views on the
qualifications of those persons recommended by the governing board
for appointment.
The board at the time may make its appointment or may make a
substitute appointment or recommendation without further notification
or public hearing.
In the case of the nominees of the classified employees, the board
shall appoint the nominee, unless the classified employees
voluntarily withdraw the name of the nominee and submit the name of a
new nominee. In the latter case, the board shall then appoint the
new nominee.
(e) In the event a vacancy exists because of a failure of the
classified employees to agree on a nominee, the board may make an
emergency appointment as authorized in subdivision (b) of Section
88065. If there is no personnel director, the board may nevertheless
make an emergency interim appointment under this subdivision.
(f) At the next regularly scheduled personnel commission meeting
to be held after 30 days from adoption of the system, as specified in
subdivision (a), or at the next regularly scheduled personnel
commission meeting to be held after 30 days from the day the intended
appointee is announced, as specified in paragraph (2) of subdivision
(b), as the case may be, the appointee or appointees of the
governing board and the appointee or appointees nominated by the
classified employees shall, in an open hearing, provide the public
and employees and employee organizations the opportunity to express
their views on the qualifications of each candidate recommended for
the vacancy. Each candidate shall be invited to this meeting.
The appointee or appointees of the governing board and the
appointee or appointees nominated by the classified employees may
make their appointment or may make a substitute appointment or
recommendation without further notification or public hearing.
(g) A commissioner whose term has expired may continue to
discharge the duties of the office until a successor is appointed,
but for no more than 90 calendar days. This subdivision shall become
operative on January 1, 1994.
88067. Appointees to a commission in a district which has newly
adopted the system shall take office upon receipt of notification of
the appointment but the term of office shall run from noon of the
first day of December next succeeding.
In community college districts with a three-member personnel
commission, the initial appointee of the governing board shall serve
a three-year term, and the term of the appointee recommended by
classified employees and the third member selected by the other two
members shall be for two years and one year respectively.
In community college districts which have elected to establish a
five-member personnel commission, one of the initial appointees of
the governing board, and one of the initial appointees nominated by
the classified employees shall serve three-year terms. The term of
the other initial appointee of the governing board and the other
initial appointee nominated by the classified employees of the
district, shall be for two years, and the term of the appointee
selected by the other members of the commission shall be for one
year.
Subsequent terms shall be for three years commencing at noon the
first day of December.
A three-member commission may perform any act authorized or
required by law when two members have been appointed.
A five-member commission may perform any act authorized or
required by law when three members have been appointed.
88068. (a) Appointment to vacancies occurring subsequent to the
initial appointment shall be made by the original appointing
authority either for a new full term or to fill an unexpired term.
The procedures required in Sections 88065 and 88066 shall be followed
in the appointment and recommendation for appointment to fill
vacancies occurring subsequent to the initial appointments.
(b) Notwithstanding subdivision (a) the governing board at the
request of the personnel director shall declare that an emergency
exists and shall make an interim appointment to fill a vacancy or
vacancies to insure the continuance of the functions of the personnel
commission. An interim appointment shall terminate on the date the
notification of permanent appointment is received by the appointee.
(c) An interim appointee must meet the requirements of Section
88064 and be free of the restrictions contained therein.
(d) An interim appointment in no event shall be valid for more
than 60 days.
88069. (a) (1) After January 1, 2001, the classified employees of
any community college district that has already adopted this article
on September 17, 1965, may, in accordance with this article, petition
the governing board to request that the process to determine how
personnel commission members are appointed be determined by a
majority vote of the classified employees entitled to vote. That
petition shall read substantially as follows:
"We, the undersigned classified employees of the ____ (name of
community college district), constituting 15 percent or more of the
classified personnel entitled to vote, request the governing board to
submit to an election the question of how personnel commission
members shall be appointed.
NAME ____ POSITION CLASSIFICATION ____"
(2) "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 88001.
(b) (1) Within 90 days after receipt of a petition pursuant to
subdivision (a), the governing board shall conduct an election by
secret ballot of its classified personnel to determine the following
question and the ballot shall read:
"Shall personnel commission members in the ____ (name of community
college district) be appointed as follows:
(A) One member appointed by the governing board of the district.
(B) One member appointed by the classified employees of the
district.
(C) Those two members shall, in turn, appoint the third member.
____ Yes
____ No"
(2) Although the ballot conducted pursuant to paragraph (1) 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.
(3) The governing board shall appoint a three- to five-person
tabulating committee. At least one member of the committee shall be a
member of the governing board, to canvass the ballots and present
the results to the governing board and one member shall be a
classified employee nominated by the exclusive representative of the
classified employees of the district. If a simple majority votes in
favor of the process for appointing personnel commission members,
that process shall become applicable in the district as follows:
(A) The first vacancy on the commission shall be filled by a
person nominated by the classified employees of the district.
(B) The second vacancy on the commission shall be filled by a
person appointed by the governing board of the district.
(C) The third vacancy of the commission shall be appointed by the
first two members.
(4) If the ballot conducted pursuant to paragraph (2) fails to
pass, personnel commission members shall be appointed in accordance
with the procedure described in subdivision (c), and a petition by
the classified employees for another election shall not occur sooner
than two years after an election.
(c) (1) Subject to subdivisions (a) and (b), in a community
college district that has already adopted this article on September
17, 1965, members of the personnel commission shall be appointed by
the Chancellor of the California Community Colleges who shall
consider the recommendation of the governing board and other
interested parties.
(2) If the governing board and the personnel commission of a
community college district elect to increase the personnel commission
from three to five members, the Chancellor of the California
Community Colleges shall make one of the additional appointments.
Subsequent appointments shall be made in accordance with this
section.
(3) No later than 90 days before making the appointment, the
Chancellor of the California Community Colleges shall notify the
classified employees and the governing board in writing of the
vacancy on the personnel commission and provide them with guidelines
and procedures for making a recommendation and challenging a
nomination. If a vacancy occurs during the term of a member of the
personnel commission, the chancellor may appoint a new member after
providing the foregoing notice no later than 30 days before making
the appointment.
(4) A commissioner whose term has expired may continue to
discharge the duties of the office until a successor is appointed but
for no more than 90 calendar days.
(d) As used in this section, "classified employees" means an
organization of classified employees that represents the greatest
number of classified employees of the district as determined by the
board. If no organization exists within the district, the governing
board, by written rule, shall prescribe the method by which the
recommendation is to be made by its classified employees.
88070. The governing board may authorize payment to members of the
commission an amount not to exceed fifty dollars ($50) per meeting
and not to exceed two hundred fifty dollars ($250) per month.
88071. In a community college district with an average daily
attendance in excess of 40,000 and which is located in a metropolitan
area with a population of more than 4,000,000, the governing board
may authorize payment to members of the commission an amount not to
exceed one hundred dollars ($100) per meeting, and not to exceed five
hundred dollars ($500) per month.
88072. The governing board shall provide the commission with
suitable office accommodations.
88073. The commission shall prepare an annual budget for its own
office which, upon the approval of the county superintendent of
schools, shall be included by the governing board in the regular
budget of the community college district. The annual budget of the
commission may include amounts for the purposes of Section 88075.
The budget shall be prepared for a public hearing by the
commission to be held not later than May 30 of each year. The
commission shall forward a copy of its proposed budget to the
governing board indicating the time, date and place for the public
hearing of the budget and shall invite board and district
administration representatives to attend and present their views. The
commission shall fully consider the views of the governing board
prior to adoption of its proposed budget. The commission shall then
forward its proposed budget to the county superintendent of schools
for action.
If the county superintendent of schools proposes to reject the
budget as submitted by the commission, he shall, within 30 days after
the commission's submission of the budget, hold a public hearing on
the proposed rejection within the affected district. He shall have
informed both the commission and the governing board of the date,
time and place of the hearing. He may after such public hearing
either reject, or, with the concurrence of the commission, amend the
proposed budget. In the absence of agreement between the personnel
commission and the county superintendent the budget of the preceding
year shall determine the amount of the new budget, and the items of
expenditure shall be determined by the commission.
88075. The commission may, with respect to the staff of the
commission, expend funds for their orientation, training, retraining,
and development and for any purpose prescribed by Article 7
(commencing with Section 88220) of this chapter.
88076. (a) The commission shall classify all employees and
positions within the jurisdiction of the governing board or of the
commission, except those which are exempt from the classified
service, as specified in subdivision (b). The employees and positions
shall be known as the classified service. "To classify" shall
include, but not be limited to, allocating positions to appropriate
classes, arranging classes into occupational hierarchies, determining
reasonable relationships within occupational hierarchies, and
preparing written class specifications.
(b) The following positions and employees are exempt from the
classified service:
(1) Academic positions.
(2) Part-time playground positions.
(3) Full-time students employed part time.
(4) Part-time students employed part time in any college
work-study program or in a work experience education program
conducted by a community college which is financed by state or
federal funds.
(5) Apprentice positions.
(6) Positions established for the employment of professional
experts on a temporary basis for a specific project by the governing
board or by the commission when so designated by the commission.
Employment of either full-time or part-time students in any
college work-study program, or in a work experience education program
shall not result in the displacement of classified personnel or
impair existing contracts for services.
However, nothing in this section shall prevent an employee, who
has attained regular status in a full-time position, from taking a
voluntary reduction in time and retaining his or her regular status
under the provisions of this law.
No person whose contribution consists solely in the rendition of
individual personal services and whose employment does not come
within the scope of the exceptions listed above shall be employed
outside the classified service.
A part-time position is one for which the assigned time, when
computed on an hourly, daily, weekly, or monthly basis, is less than
87 1/2 percent of the normally assigned time of the majority of
employees in the classified service.
88077. Nothing contained in Section 88076 shall be interpreted to
exclude the employment of architectural and engineering firms
employed on a temporary basis for a specific project by a governing
board or the commission when so designated by the commission.
88078. In addition to the exemptions authorized in Section 88076,
there shall be exempt from the classified service positions
established for the employment of community representatives in
advisory or consulting capacities for not more than 90 working days
in a fiscal year, provided that:
(1) The authorized duties are not those normally assigned to a
class of positions in the classified service,
(2) The authorized duties are approved by the personnel commission
in advance of employment, and
(3) A regular classified employee of the community college
district shall not receive a concurrent appointment to such a
position.
88079. If the governing board of any community college district
establishes positions and restricts initial appointment of new
employees to mentally, physically, or developmentally disabled
persons, then such positions shall, in addition to the regular class
title, be classified as "restricted." The positions shall be part of
the classified service and persons so employed shall be classified
employees for all purposes except that they shall not be subject to
the provisions of Section 88091 or 88092, and that they shall not
acquire permanent status or seniority credit and shall not be
eligible for promotion into the regular classified service until they
have complied with the provisions of subdivision (c) of Section
88005.
88080. (a) The commission shall prescribe and, amend, and interpret
subject to this article, such rules as may be necessary to insure
the efficiency of the service and the selection and retention of
employees upon a basis of merit and fitness. The rules shall not
apply to bargaining unit members if the subject matter is within the
scope of representation, as defined in Section 3543.2 of the
Government Code, and is included in a negotiated agreement between
the governing board and that unit. The rules shall be binding upon
the governing board, but shall not restrict the authority of the
governing board provided pursuant to other sections of this code.
(b) No rule or amendment which would affect classified employees
who are represented by a certified or recognized exclusive bargaining
representative shall be adopted by the commission until the
exclusive bargaining representative and the community college
employer of the classified employees who would be affected have been
given reasonable notice of the proposal.
88081. (a) The rules shall provide for the procedures to be
followed by the governing board as they pertain to the classified
service regarding applications, examinations, eligibility,
appointments, promotions, demotions, transfers, dismissals,
resignations, layoffs, reemployment, vacations, leaves of absence,
compensation within classification, job analyses and specifications,
performance evaluations, public advertisement of examinations,
rejection of unfit applicants without competition, and any other
matters necessary to carry out the provisions and purposes of this
article.
(b) With respect to those matters set forth in subdivision (a)
which are a subject of negotiation under the provisions of Section
3543.2 of the Government Code, such rules as apply to each bargaining
unit shall be in accordance with the negotiated agreement, if any,
between the exclusive representative for that unit and the public
school employer.
88082. The rules of the commission and copies of this article shall
be printed and made available to each school, office, and permanent
worksite where employees report and shall be distributed to school
libraries for loan to employees.
Within one year of when a district adopts the merit system, the
commission shall adopt rules pursuant to Section 88080 and shall give
to each new regular employee a handbook which summarizes the basic
rules and working conditions for classified employees and provides
information regarding access to copies of the complete rules and the
merit system.
88083. The commission may classify as apprentice positions certain
positions where the principal requirement is that of learning to
perform efficiently, by study and practice, specific duties
concerning which a definite plan of systematic instruction and
special supervision has been approved by the California
Apprenticeship Council for the designated trade.
The apprenticeship training plan adopted by the governing board of
the community college district shall be approved by the California
Apprenticeship Council.
No assignment to any position classified as an apprentice position
shall be allowed to continue beyond the predetermined apprenticeship
period approved by the California Apprenticeship Council for the
designated trade, except that the community college district's joint
apprenticeship committee may approve retention of an employee as an
apprentice up to six months beyond the predetermined apprentice
period.
The selection of eligible persons shall be made in accordance
with their position on employment lists established by competitive or
qualifying examinations.
Section 88033 shall be applicable to apprentice positions.
However, relative age may be considered as a factor in the ranking of
candidates for apprentice positions.
Credit for prior training in a regularly indentured apprenticeship
program shall be given to qualified candidates.
In all cases of apprenticeship probationary periods, the standards
of duration and qualifications shall be fixed by the commission
insofar as they do not exceed the maximum standards set up by the
California Apprenticeship Council. Termination for cause may be
prescribed for any apprentice who fails to attain the predetermined
standards of apprenticeship or for causes as prescribed by the rules
of the commission.
The commission shall recommend to the governing board a graduated
scale of compensation rates for the various levels of apprentices,
taking into consideration the percentage relationship to the
districts' journeyman wage of the trade as provided in the statement
of policies of the California Apprenticeship Council.
The commission may determine that promotional examinations shall
be held for entrance into various levels of apprentice positions and
entrance into journeyman positions in a skilled trade.
88084. The commission shall appoint a personnel director within 90
days after the adoption of a merit system from an eligibility list
established from a competitive examination given under the auspices
of the commission. The commission shall appoint all employees paid
from funds budgeted for the support of the commission and shall
supervise the activities of those employees that are performed as a
part of the functions of the commission. These employees shall be
appointed from eligibility lists established pursuant to the
provisions of this article, be classified employees of the community
college district and shall be accorded all the rights, benefits, and
burdens of any other classified employee serving in the regular
service of the district, including representation by the appropriate
exclusive representative, if any.
88085. Notwithstanding the provisions of Section 88084, the
personnel commission, in a community college district employing 100
or fewer classified employees, may, with the consent of a majority of
the classified employees, contract for the services of a qualified
personnel director with another school district having the merit
(civil service) system, or a city or a county governmental agency if
the city or county has a civil service system for the management of
its employee personnel.
Such a contract shall be for not more than two years and may be
extended, with the approval of a majority of the classified
employees, for additional periods not to exceed two years at one
time.
If at the end of any contract period the district is employing
more than 100 classified employees, the personnel commission shall
then comply with the provisions of Section 88084.
A contract approved under the provisions of this section shall
become null and void in the event of district reorganization when the
provisions of the contract, if continued in force would supersede or
be in conflict with the provisions of Section 88019.
88086. (a) The personnel director shall be responsible to the
commission for carrying out all procedures in the administration of
the classified personnel in conformity with this article and the
rules of the commission, and shall be free of prejudgment or bias in
order to ensure the impartiality of the commission. He or she shall
also act as secretary of the commission and shall prepare, or cause
to be prepared, an annual report which shall be sent by the
commission to the governing board.
(b) A personnel director shall not advise or make recommendations
to the commission regarding any disciplinary action appealed to the
commission under Section 88124, if the personnel director is the
party who brought the action against the employee.
88086.5. Sections 88022, 88023, 88160, 88198, 88199, 88201, and
88202 are applicable to the employees of community college districts
that have adopted a merit system pursuant to the procedure set forth
in this article.
This section is declaratory of existing law. The sections here
enumerated are to be construed and applied in the same manner and
with the same effect as when they were applicable to the employees of
those school districts prior to the enactment of Section 88000 by
Chapter 1267 of the Statutes of 1959, and in accordance with the
applicable provisions of this article and the rules of the personnel
commission.
88087. The commission shall recommend to the governing board salary
schedules for the classified service. The governing board may
approve, amend, or reject these recommendations. No amendment shall
be adopted until the commission is first given a reasonable
opportunity to make a written statement of the effect the amendments
will have upon the principle of like pay for like service. No changes
shall operate to disturb the relationship which compensation
schedules bear to one another, as the relationship has been
established in the classification made by the commission.
88088. Any person who has been continuously employed in a position
defined as a position in the classified service for a period of six
months immediately preceding the date on which the procedure set
forth in this article is adopted shall be deemed to be in the
permanent classified service. No layoff or suspension of service
during the time when the schools of the district are not in session
shall count as an interruption of continuous service.
88089. All persons who have been continuously employed by a
community college district for less than six months immediately
preceding the date on which the procedure set forth in this article
is adopted shall be deemed to hold their positions under probationary
classification.
88090. Any employee serving in an academic position whose position
is by virtue of change of law deemed to be in the classified service
shall without examination become a member of the classified service
in accordance with the terms of Sections 88088 and 88089. Full
seniority rights shall be retained, except that no seniority credit
shall be allowed by virtue of previous academic service in case of
layoff for lack of funds or lack of work.
Any employee serving in a classified position whose position is by
virtue of change of law deemed to be an academic position shall
without examination become an academic employee and shall be deemed
to have the necessary qualifications for the position. Full seniority
rights will be retained, except that no seniority credit will be
allowed by virtue of previous classified service in case of layoff
for lack of funds or lack of work. Any such person who has been
continuously employed in a regular position in the classified service
for the length of time necessary to acquire permanency as a faculty
member shall, if employed as a faculty member, be deemed to be
tenured. Any such person serving in a regular position in the
classified service for an amount of time less than that necessary to
acquire faculty tenure shall be a probationary employee of the
district; such regular classified service shall be considered as
probationary service toward the attainment of tenure as a faculty
member.
88091. (a) All vacancies in the classified service shall be filled
pursuant to this article and the rules of the commission, from
applicants on eligibility lists which, wherever practicable, as
determined by the commission, shall be made up from promotional
examinations, or appointments may be made by means of transfer,
demotion, reinstatement, and reemployment in accordance with the
rules of the commission. All applicants for promotional examinations
shall have the required amount of service in classes designated by
the commission or meet the minimum qualifications of education,
training, experience, and length of service, which shall be
determined by the commission to be appropriate for the class for
which they have applied. Any promotional applicant who has served the
required amount of time in a designated class or who meets the
minimum qualifications for admission to a promotional examination
shall be admitted to the examination. Applicants shall be placed on
the eligibility lists in the order of their relative merit as
determined by competitive examinations. The final scores of
candidates shall be rounded to the nearest whole percent for all
eligibles. All eligibles with the same percentage score will be
considered as having the same rank. Appointments shall be made from
the eligibles having the first three ranks on the list who are ready
and willing to accept the position.
(b) (1) Upon the request of a majority of the members of the
governing board of a community college district, the commission may
exempt two executive secretarial positions from the requirements of
this section. Exemptions authorized under this subdivision shall be
limited to one executive secretary position reporting directly to
members of the governing board, and one executive secretary position
reporting directly to the chancellor.
(2) Any person employed in an exempt executive secretarial
position shall continue to be afforded all of the rights, benefits,
and burdens of any other classified employee serving in the regular
service of the district, except he or she shall not attain permanent
status in an executive secretarial position. Positions of executive
secretary shall be filled from an unranked list of eligible employees
who have been found to be qualified for the positions as determined
by the district chancellor or superintendent and determined by the
personnel commission. Any person whose services in an executive
secretarial position are discontinued for a cause other than a cause
for disciplinary action specified in this code or in a rule of the
commission shall have the right to return to a position in a
classification he or she previously occupied or, if that
classification no longer exists, in a similar classification, as
determined by the commission. This subdivision shall apply only to
the employees hired on or after January 1, 1988.
(c) (1) Upon the request of a majority of the members of the
governing board of a community college district, the personnel
commission may exempt designated senior classified administrative
positions from the requirements of this section. A "senior classified
administrative employee" means a classified employee who acts as the
chief business, fiscal, facilities, or information technology
adviser or administrator for the district chancellor or
superintendent or a college president, as determined by the governing
board and certified by the personnel commission.
(2) Any person employed in an administrative position exempted
under this subdivision shall continue to be afforded all of the
rights, benefits, and burdens of any other classified employee
serving in the regular service of the district, except that he or she
shall not attain permanent status in that administrative position. A
vacancy in an administrative position that is exempted under this
subdivision shall be filled from an unranked list of eligible persons
who have been found to be qualified for the positions as determined
by the district chancellor or superintendent and the personnel
commission. Any person whose services in an administrative position
exempted under this subdivision are discontinued for any reason other
than for cause as specified in this code or in a rule of the
personnel commission shall have the right to return to a position in
a classification he or she previously occupied or, if that
classification no longer exists, in a similar classification, as
determined by the commission.
(3) This subdivision shall apply only to employees hired on or
after January 1, 2001.
(d) Nothing contained in this section shall authorize the
selection of eligible candidates in circumvention of the affirmative
action programs of any community college district.
88092. Examinations shall be administered objectively and shall
consist of test parts that relate to job performance.
For classes of positions deemed by the commission or by the
authority responsible for the administration of classified employee
examinations to require an oral examination, the oral examination
board shall include at least two members.
Unless specifically directed to evaluate candidates' technical
knowledge and skills, the oral examination board shall confine itself
to evaluating general fitness for employment in the class. When the
oral examination board is directed to evaluate technical knowledge
and skills, at least two members of the board shall be technically
qualified in the specified occupational area. Members of the
governing board or personnel commission shall not serve on an oral
examination board. A district employee may serve on an oral
examination board if he or she is not at the first or second level of
supervision over a vacant position in the class for which the
examination is held.
The personnel commission shall provide for the proceedings of all
oral examinations to be electronically recorded. In no case will an
oral examination board be provided with confidential references on
employees of the district who are competing in promotional
examinations. Scores achieved by the candidate on other parts of the
examination shall not be made available to the oral examination
board.
88093. Examination records, including any recordings and the rating
sheet of each member of the oral board for each candidate, shall be
retained by the body authorized to administer examinations for a
period of not less than 90 days after promulgation of an eligibility
list. The commission shall prescribe procedures whereby candidates
may review and protest any part of an examination. In promotional
examinations for classes for which continuous examination procedures
have not been authorized, the review and protest period shall be held
prior to regular appointment from the eligibility list. Examination
records shall not be available to the public or to any person for any
purpose not directly connected with the examination and shall be
considered confidential but shall, within reasonable time limits, be
made available to a candidate or his or her representative.
88095. The governing board shall fix the duties of all positions a
part of the classified service as required by Section 88009. The
board may recommend the minimum educational and work experience
requirements for classified positions to the personnel commission.
Minimum qualification requirements shall be subject to approval of
the commission.
In approving minimum educational and work experience requirements
for classified positions, the commission shall insure that such
requirements reasonably relate to the duties of the position, as
established by the governing board, and that they will admit an
adequate field of competition. No requirements may be approved which
unduly or unreasonably restrict the field of competition.
The position duties shall be prescribed by the board and
qualification requirements for the position class shall be prepared
and approved by the commission, as required by this section, prior to
issuance of an announcement calling for a competitive examination to
fill position vacancies.
88096. Appointments may be made from other than the first two or
three, as the case may be, applicants on the eligibility list when
the ability to speak, read, or write a language in addition to
English or possession of a valid driver's license is a requirement of
the position to be filled. The recruitment bulletin announcing the
examination shall indicate the special requirements which may be
necessary for filling one or more of the positions in the class.
Where such a position is to be filled, using the authority of this
section, the appointment shall be made from among the highest two or
three, as the case may be, applicants on the appropriate eligibility
list who meet the special requirements and who are ready and willing
to accept the position. If there are insufficient applicants who meet
the special requirements, the commission shall certify the top
applicant or applicants plus those applicants who meet the special
requirements, not to exceed two or three candidates, as the case may
be.
88097. Written notices concerning tests, vacancies, transfer
opportunities, and other selections of shifts, positions,
assignments, classifications, or locations shall be posted at all
work locations of employees who may be affected not later than 15
working days prior to the closing date of filing appropriate
applications, together with the normal use of newspapers and
bulletins for public notice for open or promotional vacancies.
Whenever the subject of these notices may affect a probationary or
permanent classified employee who will not be reporting at his or her
work location during periods when the employee is not normally
required to work, such as Christmas, Easter, summer recesses, and
other paid or unpaid leaves of absences, including vacations, and who
has previously requested notification, the notices shall be mailed
to the employee. However, the failure of an employee to receive a
notice shall not invalidate any procedure, if, in fact, the notice
was placed in the mail and postage paid.
This section shall not apply to any community college district
that publishes and distributes to all work locations examination
bulletins at least once each month, provided that records of employee
requests for transfer and change of location are maintained and that
the names of all candidates for transfer and change of location to a
vacancy are certified to the appointing authority along with names
of appropriate applicants from employment lists.
The personnel commission shall establish procedures for the
maintenance of employee requests for transfer, change of location,
change of shift, and notification of forthcoming examinations.
88098. A regular employee who is determined by the governing board
to be incapable of performing the duties of his or her class because
of illness or injury may, at the discretion of the governing board,
be assigned duties that he or she is capable of performing. The
position to which the employee is assigned shall be subject to
classification by the personnel commission, but the employee shall
receive no increase in wage or salary because of his or her
assignment to the position unless he or she is appointed from an
eligibility list resulting from a competitive examination in the
event that the position is classified and allocated to a higher wage
or salary than that previously attained by the employee, he or she
may be assigned to the position without competitive examination, but
shall continue to receive the wage or salary of his or her former
classification. If the position is classified and allocated to a
lower wage or salary than that attained by the employee, he or she
shall be paid the wage or salary appropriate to the position.
88099. The commission shall, by rule, provide for an open
competitive examination and a promotional examination to be held at
the same time for the position of business manager or for any other
single position class which it declares to be at or above the level
of business manager. It shall require that all educational and work
experience requirements be developed to fit the needs of the position
in such a manner that the position will attract competent and
qualified applicants from within the classified service, among
academic personnel, or other persons meeting the minimum requirements
established for the position.
Such rule shall provide: (a) that all permanent employees of the
district, classified and academic, who meet the established minimum
qualifications, shall be eligible to compete in the examination as
promotional candidates; (b) that promotional credits, including
seniority credits, if any, shall be equally applicable to both
classified and academic promotional candidates; (c) that eligibility
lists resulting from such an open competitive and promotional
examination shall be merged according to the order of the examination
scores into a single eligibility list, after the scores of each
candidate on the promotional list have been adjusted for promotional
credits, including seniority credits, if any; and (d) that the
examination for any such position shall not be construed to be an
entrance level position examination.
88100. The commission may by rule provide for the competition of
academic employees of the governing board in promotional examinations
for positions in the classified service.
88101. The commission shall, by rule, provide for an open
competitive examination and a promotional examination to be held at
the same time for the positions that existed or could be created,
when the positions become available for competitive examination,
under the provisions of subdivisions (m), (n), and (o) of former
Section 13055 as those subdivisions existed prior to their repeal by
action of the 1965 General Session of the Legislature.
The rule shall provide: (a) that all permanent employees of the
district, classified and academic, who meet the established minimum
qualifications, shall be eligible to compete in the examination as
promotional candidates; (b) that promotional credits, including
seniority credits, if any, shall be equally applicable to both
classified and academic promotional candidates; (c) that eligibility
lists resulting from such an open competitive and promotional
examination shall be merged according to the order of the examination
scores into a single eligibility list, after the scores of each
candidate on the promotional list have been adjusted for promotional
credits, including seniority credits, if any; and (d) that the
examination for any such position shall not be construed to be an
entrance level position examination.
88102. In any community college district which has geographical
boundaries encompassing more than 200 square miles and which divides
the area it serves into smaller areas for assignment of classified
personnel, when an eligibility list is exhausted in one assignment
area but there are available eligibles in another assignment area, an
area eligibility list may be established for the assignment area in
which the eligibility list is exhausted. The life of such new area
eligibility list shall be one year. Seniority for the purpose
specified in Section 88127 shall continue to be districtwide.
88103. When an open competitive examination and a promotional
examination for a particular class are held at the same time, the
commission may, prior to the examination, authorize certification for
employment of candidates from the open competitive eligibility list
before the promotional eligibility list has been exahausted if the
candidate on the open list has a higher score before adjustment for
preferential credits than the score of the highest available
candidate on the promotional list after seniority credits have been
added.
88104. (a) When all of the positions in a class are reclassified to
a higher class, the incumbents of the positions who have been in the
class for two or more years may be reclassified with their positions
by the personnel commission. When a portion of the positions within
a class are reclassified to a higher class, an incumbent who has a
continuous employment record of two or more years in one or more of
the positions being reclassified may be reclassified with his or her
position as provided by personnel commission rule.
(b) The basis for reclassification of the position shall be a
gradual accretion of duties and not a sudden change occasioned by a
reorganization or the assignment of completely new duties and
responsibilities. Determinations as to gradual accretion shall be on
the basis of guidelines provided by personnel commission rules.
(c) An employee who has been reclassified with his or her position
is ineligible for subsequent reclassification with his or her
position for a period of at least two years from the initial action.
88104.5. No position classification or reclassification plan which
would affect classified employees who are represented by a certified
or recognized exclusive bargaining representative shall be adopted by
the commission until the exclusive bargaining representative and the
community college employer of the classified employees who would be
affected have been given reasonable notice of the proposed
classifications or reclassifications.
88105. Whenever the appointing power requires the appointment of a
person to a position, the duration of which is not to exceed six
months, or, in case of an appointment in lieu of an absent employee,
is not to exceed the authorized absence of that employee, he or she
shall submit a request in which the probable duration of the
appointment is stated. Eligible persons shall be certified in
accordance with their position on the appropriate employment list and
their willingness to accept appointment to such a position as
limited-term employees. Limited-term employees shall be subject to
those conditions affecting status and tenure during and after the
employment as the commission may by rule determine.
88106. When no eligibility list exists for a position in the
classified service, an employee may receive provisional appointments
which may accumulate to a total of 90 working days. A 90-calendar-day
interval shall then elapse during which the person will be
ineligible to serve in any full-time provisional capacity. No person
shall be employed in provisional capacities under a given governing
board for a total of more than 126 working days in any one fiscal
year, except that when no one is available on an appropriate
eligibility list for a part-time position, as defined in Section
88076, successive 90 working days provisional appointments may be
made to the part-time position for a total of more than 126 working
days in any one fiscal year.
88107. The personnel commission may authorize the extension of a
provisional employee's assignment for a period not to exceed 36
working days, if all of the following requirements are met:
(a) An examination for the class was completed during the first 90
working days of his or her provisional assignment.
(b) Evidence satisfactory to the personnel commission is presented
indicating all of the following:
(1) That an adequate recruitment effort has been and is being
made.
(2) That extension of the provisional assignment is necessary to
carry on vital functions of the district.
(3) That the position cannot be satisfactorily filled by use of
other employment lists or procedures.
88108. Successive provisional appointments of 90 working days or
less each may be made in any class in the absence of an appropriate
eligibility list; provided, that continuous examination procedures
for the class have been authorized by the commission. Such successive
provisional appointments may be made and persons employed in
temporary capacities under a given governing board for a total of
more than six months in any one year. Such appointments may continue
for the length of time for which they were made, but may not be
extended if a certification can be made from an appropriate
eligibility list. While this section is in effect, it shall supersede
any other provisions of this article which are in conflict with this
section, but only to the extent there is a conflict.
88109. The appointing power may, to prevent the stoppage of public
business when an actual emergency arises and persons on eligibility
lists are not immediately available, make appointments for a period
not to exceed 15 working days, in accordance with commission rule.
88110. Combinations of successive eligibility lists may be made
during their first year. Eligibles on lists established within the
first year of the life of another list may be placed in the order of
their relative excellence in the examination on the like list, if
lists so merged have been promulgated under conditions and techniques
which are sufficiently similar to preserve their competitive
character.
88111. The commission may by rule provide for the continuous
examination of eligibles for classes of positions which the
commission determines cannot be practicably filled by promotional
examination only.
88112. No questions relating to political or religious opinions or
affiliations, or any basis listed in subdivision (a) of Section 12940
of the Government Code, as those bases are defined in Sections 12926
and 12926.1 of the Government Code, shall be asked of any applicant,
or any candidate whose name has been certified for appointment, nor
shall any discrimination be exercised therefor, except as otherwise
provided in Section 12940 of the Government Code.
88113. "Veteran" as used in this article means any person who has
served in the United States armed forces in time of war, or national
emergency declared by the President of the United States of America,
and who has been discharged or released under conditions other than
dishonorable, proof of which shall be submitted to the commission at
the time of the examination.
"Armed forces" means the United States Air Force, Army, Navy,
Marine Corps, or Coast Guard.
88114. "Disabled veteran" as used in this article means any
veteran, as defined in Section 88113, who is currently declared by
the United States Veterans Administration to be 10 percent or more
disabled as a result of service in the armed forces. Proof of
disability shall be deemed conclusive if it is of record in the
United States Veterans Administration.
88115. In the case of all entrance examinations, veterans with 30
days or more of service who become eligible for appointment by
attaining the passing mark established for the examination, shall be
allowed an additional credit of five points and disabled veterans
shall be allowed an additional credit of 10 points, which shall be
added to the percentages attained in the examinations by the
veterans. Veterans shall be placed on eligible lists and be eligible
for appointment in the order and on the basis of the percentages
attained by them in examinations after the credit of five points, or
10 points in the case of disabled veterans, is added.
88116. (a) Whenever, during the absence of an employee of a
community college district or student body association operating
under Sections 76060 to 76065, inclusive, in the active military
service of the United States of America during any period of national
emergency declared by the President of the United States of America,
or during any war in which the United States of America is engaged,
the position held by that employee at the time of his or her entrance
into that military service is placed within the classified service
of the district and an eligible list is established for that position
through competitive examination, the employee shall, at his or her
request made within six months after leaving the active military
service under honorable conditions, be given immediately an
examination of substantially the same character and scope as the
competitive examination through which the original eligibility list
was established. The grade secured by that employee in that
examination shall be deemed to be the grade the employee would have
secured had he or she taken the competitive examination as a veteran,
and the employee shall be placed on the original eligibility list
accordingly with all the rights and privileges to which he or she
would have been entitled had he or she had that place on the original
eligibility list at the time of its establishment.
(b) Notwithstanding subdivision (a), any member of the Military
Reserve or the National Guard who is called to active duty, either
voluntarily or involuntarily, during any period of national emergency
declared by the President of the United States of America, or during
any war in which the United States of America is engaged, shall be
entitled to any rights, in addition to the rights accorded under
subdivision (a), that are accorded that member under the federal
Veterans' Reemployment Rights Law or any other applicable provision
of federal law.
88117. Persons laid off because of lack of work or lack of funds
are eligible to reemployment for a period of 39 months and shall be
reemployed in preference to new applicants. In addition, such persons
laid off have the right to participate in promotional examinations
within the district during the period of 39 months.
Employees who take voluntary demotions or voluntary reductions in
assigned time in lieu of layoff or to remain in their present
positions rather than be reclassified or reassigned, shall be granted
the same rights as persons laid off and shall retain eligibility to
be considered for reemployment for an additional period of up to 24
months; provided, that the same tests of fitness under which they
qualified for appointment to the class shall still apply. The
personnel commission shall make the determination of the specific
period of eligibility for reemployment on a class-by-class basis.
Employees who take voluntary demotions or voluntary reductions in
assigned time in lieu of layoff shall be, at the option of the
employee, returned to a position in their former class or to
positions with increased assigned time as vacancies become available,
and without limitation of time, but if there is a valid reemployment
list they shall be ranked on that list in accordance with their
proper seniority.
88119. Eligibility lists shall be established for a period of not
less than one year except that when a list is exhausted for
appointments to current vacancies, through use and eligibles being
unavailable, the commission may, upon the recommendation of the
officer charged with certifying eligibles, and after due notice to
eligibles who may have made themselves unavailable for appointment,
terminate it before a year has expired.
Eligibility lists may be established for a period of six months
upon the approval of the personnel commission so long as the six
months' duration of such a list is noted in the recruitment bulletin
announcing the examination. If a list is exhausted for appointments
to current vacancies, through use and eligibles being unavailable,
the commission may, upon the recommendation of the officer charged
with certifying eligibles, and after due notice to eligibles who may
have made themselves unavailable for appointment, terminate it before
the expiration date.
A list may be extended for an additional period of one year or
less in the discretion of the commission.
88120. A person who has served an initial probationary period in a
class not to exceed six months or 130 days of paid service, whichever
is longer, as prescribed by the rules of the commission shall be
deemed to be in the permanent classified service, except that the
commission may establish a probationary period in a class not to
exceed one year for classes designated by the commission as
executive, administrative, or police classes. No employee shall
attain permanent status in the classified service until he or she has
completed a probationary period in a class. In any case the rules of
the commission may provide for the exclusion of time while employees
are on a leave of absence. The rights of appeal from disciplinary
action prior to attainment of permanent status in the classified
service shall be in accordance with Section 88124.
88121. No person in the permanent classified service shall be
demoted or removed except for reasonable cause designated by rule of
the commission as detrimental to the efficiency of the service. This
section shall not be construed to prevent layoffs for lack of work or
lack of funds.
88122. In addition to any causes for suspension or dismissal which
are designated by rule of the commission, employees in the classified
service shall be suspended and dismissed in the manner provided by
law for any one or more of the following causes:
(a) Knowing membership by the employee in the Communist Party.
(b) Conduct specified in Section 1028 of the Government Code.
88123. For reasonable causes, an employee may be suspended without
pay for not more than 30 days , except as provided in this section,
or may be demoted or dismissed. In such case, the personnel director,
shall within 10 days of the suspension, demotion, or dismissal, file
written charges with the commission and give to the employee or
deposit in the United States registered mail with postage prepaid,
addressed to the employee at his or her last known place of address,
a copy of the charges.
Whenever an employee of a community college district is charged
with the commission of any sex offense, defined in Section 87010, or
any narcotics offense, as defined in Section 87011, or a violation of
Sections 11357 to 11361, inclusive, 11363, 11364, or 11377 to 11382,
inclusive, insofar as such sections relate to, any controlled
substances in paragraph (4) or (5) of subdivision (b) of Section
11056, or any controlled substances in subdivision (d) of Section
11054, except paragraphs (10), (11), (12), and (17) of such
subdivision, of the Health and Safety Code by complaint, information,
or indictment filed in a court of competent jurisdiction, the
governing board of the district may immediately suspend the employee
for a period of time extending for not more than 10 days after the
date of the entry of the court judgment. However, the suspension may
be extended beyond such 10-day period in case the governing board
gives notice within such 10-day period that it will dismiss the
employee 30 days after the service of the notice, unless the employee
demands a hearing. An employee so suspended shall continue to be
paid his or her regular salary during the period of the suspension if
and during such time as he or she furnishes to the district a
suitable bond, or other security acceptable to the governing board,
as a guarantee that the employee will repay to the district the
amount of salary so paid to him or her during the period of the
suspension in case the employee is convicted of such charges, or the
employee does not return to service afte