ARTICLE 6. Merit System

Article 6 enacted by Stats. 1976, Ch. 1010.

§§ 45240–45320 · 77 sections

§ 45240 A school district that adopts the provisions of this article in accordance with Section 45222 or 45224.5 shall appoint a personnel commission in the manner…
§ 45241 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…
§ 45243 In any district that has adopted this article there shall be appointed a personnel commission composed of three members. If two or more districts are under the…
§ 45243.5 Notwithstanding Section 45243, in the case of a unified district and a community college district which are under the jurisdiction of governing boards of…
§ 45244 (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…
§ 45245 One member of the personnel commission shall be appointed by the governing board of the district and one member, nominated by the classified employees of the…
§ 45246 (a) Within 30 days after adoption of the system, the governing board shall publicly announce its intended appointee or appointees, as appropriate, and the…
§ 45247 Appointees to a commission in a district which has newly adopted the system shall take office upon receipt of notification of appointment but the term of…
§ 45248 (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…
§ 45249 (a) (1) After January 1, 2001, the classified employees of any school district that has already adopted this article on September 17, 1965, may, in accordance…
§ 45250 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…
§ 45251 In a unified school district with an average daily attendance in excess of 250,000, the governing board may authorize payment to members of the commission an…
§ 45252 The governing board shall provide the commission with suitable office accommodations.
§ 45253 (a) 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…
§ 45254 The budget for the first year of the personnel commission of the school district shall be determined by the personnel commission, in conjunction with the…
§ 45255 The commission may, with respect to the staff of the commission, expend funds for their orientation, training, retraining, and development and for any purpose…
§ 45256 (a) The commission shall classify all employees and positions within the jurisdiction of the governing board of the school district or of the commission,…
§ 45256.5 (a) The governing board of a school district may adopt a resolution designating certain positions as senior management of the classified service.…
§ 45258 Positions established for the employment of community representatives in advisory or consulting capacities shall be considered part of the classified service.
§ 45259 If the governing board of any school district establishes positions and restricts initial appointment of new employees to mentally, physically, or…
§ 45260 (a) The commission shall prescribe, amend, and interpret, subject to this article, such rules as may be necessary to insure the efficiency of the service and…
§ 45261 (a) The rules shall provide for the procedures to be followed by the governing board as they pertain to the classified service regarding applications,…
§ 45262 (a) The rules of the commission and copies of this article shall be printed and made available or electronically transmitted to each school, office, and…
§ 45263 The commission may classify as apprentice positions certain positions where the principal requirement is that of learning to perform efficiently, by study and…
§ 45264 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…
§ 45265 Notwithstanding the provisions of Section 45264, the personnel commission, in a school district or a county superintendent of schools office employing 100 or…
§ 45266 (a) The personnel director shall be responsible to the commission for carrying out all procedures in the administration of the classified personnel in…
§ 45267 The provisions of Sections 45123, 45124, 45160, 45198, 45199, 45201, and 45202 are applicable to the employees of school districts which have adopted a merit…
§ 45268 The commission shall recommend to the governing board salary schedules for the classified service. The governing board may approve, amend, or reject these…
§ 45269 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…
§ 45270 All persons who have been continuously employed by a school district for less than six months immediately preceding the date on which the procedure set forth…
§ 45271 Any employee serving in a certificated position whose position is by virtue of change of law or based upon an evaluation made pursuant to subdivision (a) of…
§ 45272 (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…
§ 45273 Examinations shall be administered objectively, and shall consist of test parts that relate to job performance. For classes of positions deemed by the…
§ 45274 Examination records, including any recordings and the rating sheet of each member of the oral board for each candidate, shall be retained by the personnel…
§ 45276 The governing board shall fix the duties of all positions a part of the classified service as required by Section 45109. The board may recommend the minimum…
§ 45277 Appointments may be made from other than the first three ranks of applicants on the eligibility list when the ability to speak, read, or write a language in…
§ 45277.5 Notwithstanding Section 45277, for the Los Angeles Unified School District, the following shall apply: (a) An appointment may be made from other than the first…
§ 45278 (a) Written notices concerning tests, vacancies, transfer opportunities, and other selections of shifts, positions, assignments, classifications, or locations…
§ 45279 A regular employee who is determined by the governing board to be incapable of performing the duties of his class because of illness or injury may, at the…
§ 45280 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…
§ 45281 The commission may by rule provide for the competition of persons employed by the governing board in positions required to have certification qualifications in…
§ 45283 In any school district that has geographical boundaries encompassing more than 200 square miles and that divides the area it serves into smaller areas for…
§ 45284 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…
§ 45285 (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…
§ 45285.5 No position classification or reclassification plan which would affect classified employees who are represented by a certified or recognized exclusive…
§ 45286 Whenever the appointing power shall require the appointment of a person to a position, the duration of which is not to exceed six months, or, in case of an…
§ 45287 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…
§ 45288 The personnel commission may authorize the extension of a provisional employee’s assignment for a period not to exceed 36 working days provided the following…
§ 45289 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…
§ 45290 The appointing power may, to prevent the stoppage of public business when an actual emergency arises and persons on eligibility lists are not immediately…
§ 45291 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…
§ 45292 The commission may provide for the continuous examination of applicants for both open and promotional examinations.
§ 45293 No questions relating to political or religious opinions or affiliations, or relating to any basis listed in subdivision (a) of Section 12940 of the Government…
§ 45294 “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…
§ 45295 “Disabled veteran” as used in this article means any veteran, as defined in Section 45294, who is currently declared by the United States Veterans…
§ 45296 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…
§ 45297 (a) Whenever, during the absence of an employee of a school district, or student body association operating under Sections 48930 to 48937, inclusive, in the…
§ 45298 (a) A person laid off because of lack of work or lack of funds shall be eligible for reemployment for a period of 39 months as follows: (1) The person’s…
§ 45300 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,…
§ 45301 (a) 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…
§ 45302 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…
§ 45303 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…
§ 45304 (a) 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…
§ 45305 Any employee in the permanent classified service who has been suspended, demoted, or dismissed may appeal to the commission within 14 days after receipt of a…
§ 45306 The commission shall investigate the matter on appeal and may require further evidence from either party, and may, and upon request of an accused employee…
§ 45307 If the commission sustains the employee, it may order paid all or part of his full compensation from the time of suspension, demotion, or dismissal, and it…
§ 45308 (a) Classified employees shall be subject to layoff for lack of work or lack of funds. If a classified employee is laid off, the order of layoff within the…
§ 45309 Any permanent classified employee of a school district who voluntarily resigns from his permanent classified position may be reinstated or reemployed by the…
§ 45310 No warrant shall be drawn by or on behalf of the governing board of any district for the payment of any salary or wage to any employee in the classified…
§ 45311 The commission may conduct hearings, subpoena witnesses, require the production of records or information pertinent to investigation, and may administer oaths.…
§ 45312 (a) (1) The commission may authorize a hearing officer or other representative to conduct any hearing or investigation that the commission itself is authorized…
§ 45313 (a) Except as provided in subdivision (b), the legal counsel of the governing board shall aid and represent the commission in all legal matters. If the legal…
§ 45317 Any person who willfully or through culpable negligence violates any of the provisions of this article is guilty of a misdemeanor. It is also unlawful for any…
§ 45318 In every school district coterminous with the boundaries of a city and county, except for those paraprofessionals excluded from the charter provisions by a…
§ 45319 (a) A merit (civil service) system within a school district may be terminated by one of the following methods: (1) (A) If the governing board of a school…
§ 45320 If the majority of the qualified electors vote to terminate the merit system in a school district, or a county office of education, or if the majority of the…