ARTICLE 3. Merit System

Article 3 enacted by Stats. 1976, Ch. 1010.

§§ 88060–88139 · 76 sections

§ 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…
§ 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…
§ 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…
§ 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…
§ 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…
§ 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,…
§ 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…
§ 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…
§ 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…
§ 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…
§ 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…
§ 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…
§ 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…
§ 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…
§ 88076 (a) The commission shall classify all employees and positions within the jurisdiction of the governing board of the community college district or of the…
§ 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…
§ 88078 In addition to the exemptions authorized in Section 88076, there shall be exempt from the classified service positions established for the employment of…
§ 88079 If the governing board of any community college district establishes positions and restricts initial appointment of new employees to mentally, physically, or…
§ 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…
§ 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,…
§ 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…
§ 88083 The commission may classify as apprentice positions certain positions where the principal requirement is that of learning to perform efficiently, by study and…
§ 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…
§ 88085 Notwithstanding the provisions of Section 88084, the personnel commission, in a community college district employing 100 or fewer classified employees, may,…
§ 88086 (a) The personnel director shall be responsible to the commission for carrying out all procedures in the administration of the classified personnel in…
§ 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…
§ 88087 The commission shall recommend to the governing board salary schedules for the classified service. The governing board may approve, amend, or reject these…
§ 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…
§ 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…
§ 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…
§ 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…
§ 88092 Examinations shall be administered objectively and shall consist of test parts that relate to job performance. For classes of positions deemed by the…
§ 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…
§ 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…
§ 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…
§ 88097 Written notices concerning tests, vacancies, transfer opportunities, and other selections of shifts, positions, assignments, classifications, or locations…
§ 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…
§ 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…
§ 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…
§ 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…
§ 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…
§ 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…
§ 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…
§ 88104.5 No position classification or reclassification plan which would affect classified employees who are represented by a certified or recognized exclusive…
§ 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…
§ 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…
§ 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…
§ 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…
§ 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…
§ 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…
§ 88111 The commission may by rule provide for the continuous examination of eligibles for classes of positions which the commission determines cannot be practicably…
§ 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…
§ 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…
§ 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…
§ 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…
§ 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,…
§ 88117 (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…
§ 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,…
§ 88120 (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…
§ 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…
§ 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…
§ 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.…
§ 88124 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…
§ 88125 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…
§ 88126 If the commission sustains the employee, it may order paid all or part of his or her full compensation from the time of suspension, demotion, or dismissal, and…
§ 88127 Classified employees shall be subject to layoff for lack of work or lack of funds. Whenever a classified employee is laid off, the order of layoff within the…
§ 88128 Any permanent classified employee of a community college district, who voluntarily resigns from his or her permanent classified position, may be reinstated or…
§ 88129 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…
§ 88130 The commission may conduct hearings, subpoena witnesses, require the production of records or information pertinent to investigation, and may administer oaths.…
§ 88131 The commission may authorize a hearing officer or other representative to conduct any hearing or investigation which the commission itself is authorized by…
§ 88132 (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…
§ 88136 Any person who willfully, or through culpable negligence, violates this article is guilty of a misdemeanor. It is also unlawful for any person to do any of the…
§ 88137 In every community college district coterminous with the boundaries of a city and county, employees employed in nonacademic positions shall be employed, if the…
§ 88138 (a) A merit (civil service) system within a community college district may be terminated by one of the following methods: (1) (A) If the governing board of a…
§ 88139 If the majority of the qualified electors vote to terminate the merit system in a community college district, or if the majority of the classified employees…