California Education Code ARTICLE 3 - Merit System

• Section 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...
• Section 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...
• Section 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....
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 88072.
  The governing board shall provide the commission with suitable office accommodations.(Enacted by Stats. 1976, Ch. 1010.)
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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,...
• Section 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...
• Section 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,...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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,...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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.(Amended...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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,...
• Section 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,...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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,...
• Section 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...
• Section 88128.
  Any permanent classified employee of a community college district, who voluntarily resigns from his or her permanent classified position, may be reinstated or reemployed by...
• Section 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...
• Section 88130.
  The commission may conduct hearings, subpoena witnesses, require the production of records or information pertinent to investigation, and may administer oaths. It may, at will,...
• Section 88131.
  The commission may authorize a hearing officer or other representative to conduct any hearing or investigation which the commission itself is authorized by this article...
• Section 88132.
  The legal counsel of the governing board shall aid and represent the commission in all legal matters. If the legal counsel does not respond to...
• Section 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...
• Section 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 city...
• Section 88138.
  A merit (civil service) system within a community college district may be terminated by one of the following methods:(a) If the governing board of a community...
• Section 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...

Last modified: October 22, 2018