Article 5 - Merit System Inclusion

California Education Code — §§ 45220-45227

Sections (9)

Enacted by Stats. 1976, Ch. 1010.

(a)“Common board” as used in this article means a board with identical members that governs more than one school district. “Common administration” as used in this section means the administration by a person employed by governing boards of more than one district or a common board to act as chief executive officer for more than one school district.

(b)The term “a district whose average daily attendance is 3,000 or greater” shall be construed to include any district which is the only district under the jurisdiction of the county superintendent of schools regardless of its average daily

attendance. It shall also include districts governed by a “common board” or which use a “common administration,” as defined in this section.

§ 45221

Amended by Stats. 2021, Ch. 88, Sec. 1. (AB 289) Effective January 1, 2022.

(a)(1) The classified employees of a school district whose average daily attendance is 3,000 or greater, may, in accordance with this article, petition the governing board of the school district to make the provisions of Article 6 (commencing with Section 45240) applicable to the school district. That petition shall read substantially as follows:

(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 45103.

(b)Within 120 days after receipt of the petition the governing board of the school district shall do all of the following:

(1)Obtain the services of competent and qualified persons to present the pros and cons of the issue. Notwithstanding this paragraph, the classified employees who submitted the petition may select the person or persons to present the proponent position on the

issue.

(2)Provide adequate and ample opportunity for all of its classified personnel to attend one or more meetings at which the issue is presented.

(3)(A) Having complied with paragraphs (1) and (2), conduct an election by secret ballot of its classified personnel to determine whether or not they desire to make the merit system applicable to the school district. The ballot shall read:

(B)Although the ballot shall not require the employees’ signatures or other personal identifying requirements, the governing board of the school district shall devise an identification system to ensure against fraud in the balloting process while also ensuring ballot secrecy.

(c)(1) The governing board of the school district shall appoint a three- or five-person tabulation committee, at least one member of which shall be a member of the governing board of the school district and at least one member of which shall be a classified employee designated by the largest exclusive representative of classified employees within the school district, to canvass the ballots and present the results to the governing board of the school district. No representative of the school district shall make any marks upon the ballot envelope or ballot of any employee, except that the

tabulation committee may adopt a system of uniformly stamping in a consistent manner and in the same location on all ballots received or all ballots counted, or both of those, to help ensure an accurate count. If a simple majority votes in favor of the merit system, that system shall become applicable in the school district.

(2)The tabulation committee shall certify the results of the election to the governing board of the school district at the next regular or special meeting of the governing board of the school district following the date the committee completes tabulation of the votes. If the tabulation committee completes the tabulation on the same day that the governing board of the school district meets in regular or special session, the committee shall certify the results of the election to the governing board of the school district at that meeting.

(d)If the school

district communicates with classified employees in opposition to adopting the merit (civil service) system, it shall provide at least equal time and equal access to any exclusive representative of classified employees within the school district to communicate in favor of that system. Nothing in this chapter shall be construed as limiting the rights of an exclusive representative under the Educational Employment Relations Act (Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code) for access to communicate its position on adopting the system.

(e)All election procedures not specified above for an election pursuant to this section shall be within the scope of representation of an exclusive representative under Section 3543.2 of the Government Code, including the rules for campaigning, the election date, time, and place, translation of the ballot, electioneering near the polls, and balloting

methods.

§ 45222

Enacted by Stats. 1976, Ch. 1010.

Effective upon certification to a governing board by a tabulating committee that an election, as authorized in Section 45221 of this code, has been successful, all of the provisions of Article 6 (commencing with Section 45240) of this chapter that can reasonably be construed to be applicable to classified employees shall be applicable.

All of the provisions of Article 6 (commencing with Section 45240) of this chapter shall become fully effective upon appointment of at least two members of the personnel commission.

The commission shall immediately adopt existing rules and regulations of the

district relating to classified personnel pending the establishment of its rules and which are not inconsistent with law.

§ 45223

Enacted by Stats. 1976, Ch. 1010.

The governing board of a school district whose average daily attendance is less than 3,000 may, by affirmative vote of a majority of its members, adopt the procedure set forth in Article 6 (commencing with Section 45240) of this chapter. The motion or a resolution for adoption of the system shall specify the date that the provisions of Article 6 shall be applicable to the classified employees of the district, which shall not be later than July 1 next following the date of adoption.

§ 45224

Enacted by Stats. 1976, Ch. 1010.

The governing board of a school district whose average daily attendance is 3,000 or more may, by affirmative vote of a majority of its members, and a county superintendent of schools, with the consent of the majority of the members of the county board of education, adopt the procedure set forth in Article 6 (commencing with Section 45240) of this chapter, provided a lawful petition has not been received as authorized in Section 45221, or may adopt the procedure at any time after a two-year period has elapsed following an unsuccessful election conducted in accordance with Section 45221 of this code.

The motion, order, or resolution

for adoption of the procedure shall specify the date that the provisions of Article 6 shall be applicable to classified employees, which shall not be later than July 1 next following the date of adoption.

§ 45224.5

Enacted by Stats. 1976, Ch. 1010.

The procedure set forth in Article 6 (commencing with Section 45240) of this chapter may also be adopted by a majority of the voting electors of the school districts assenting to the plan after it has been placed on the ballot upon the written petition of qualified electors not less in number than 10 percent of the number voting in the last election for a member of the governing board. The question of adoption shall be placed on the ballot at the next regular governing board member election, or the next primary or general election in a general election year, whichever is earlier after receipt of the petition by the registrar of voters.

The ballot measure shall specify the date that the provisions of Article 6 (commencing with Section 45240) of this chapter shall be applicable to classified employees, which shall not be later than July 1 next following the date of adoption.

§ 45225

Enacted by Stats. 1976, Ch. 1010.

When an election has been held, as authorized in this article, and fails to receive a simple majority affirmative vote, the classified employees of that district may not again petition for an election until at least two years has elapsed since the last election.

§ 45226

Enacted by Stats. 1976, Ch. 1010.

Any person who intimidates, coerces, or discriminates in any way against any classified employee for the doing of any act authorized herein shall be personally liable to such employee for all damages suffered thereby and such exemplary damages as the court may allow.

§ 45227

Added by Stats. 2020, Ch. 24, Sec. 39. (SB 98) Effective June 29, 2020.

(a)Positions established by a county superintendent of schools, while serving as the administrative agent for the County Office Fiscal Crisis and Management Assistance Team established pursuant to Section 42127.8, to carry out the purposes of Section 42127.8 and Article 6 (commencing with Section 49080) of Chapter 6.5 of Part 27 of Division 4, including positions associated with the California School Information Services, shall be exempt from the merit system, including, but not limited to, the requirements of Sections 45261 and 45272.

(b)Employees exempted from the merit system under subdivision (a) shall remain a part of the classified service and shall be afforded

all statutory rights, benefits, and burdens of other classified employees employed by nonmerit system school districts or county superintendents of schools, as applicable.