SECTIONS 45240-45320 - California Statutes

EDUCATION CODE

SECTION 45240-45320

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 prescribed in Sections 45245,
45246 and 45247. The personnel commission shall appoint a director in
the manner provided in Section 45264 after appointment of at least
two members.

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 services of persons in positions not
requiring certification qualifications only in accordance with the
provisions of this article.
No governing board shall remove a position from the classified
service by title assignment or otherwise which would then require an
incumbent to be credentialed if such position is not required by this
code to be designated as certificated.

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 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.

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 identical personnel and which had
a majority of their population within an incorporated city which had
a population between 70,000 and 75,000 as of the 1950 census, the
governing board may, by affirmative vote of the majority of its
members, elect to make the provisions of this article applicable to
each of the districts individually and separately. In such cases, the
expenses of the commission shall be paid out of general funds of the
districts in proportion to the benefits derived therefrom as
determined by the governing board.
In the case of action by the governing board to make the
provisions of this article applicable to each of the districts
individually and separately, and notwithstanding any other provision
of law, the rights of persons employed in positions not requiring
certification qualifications shall continue in the same manner as if
such separation had not occurred, except that such rights shall be
limited to the district in which the person is employed on the day
such action is 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.

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 resident within the territorial
jurisdiction of the school district.
(2) Be a known adherent to the principle of the merit system. No
member of the governing board of any school 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 school district.
(b) As used in this section, residence is that place in which his
or her habitation is fixed, wherein the person has the intention of
remaining, and to which, whenever he or she is absent, the person has
the intention of returning. At a given time, a person may have only
one residence.
(c) As used in this section, "known adherent to the principle of
the merit system," with respect to a new appointee, means 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, means 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.

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 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
noncertificated employees in a unit or units within the district. If
there is no 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.

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 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 member.
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 Superintendent of Public Instruction shall make the appointment.
"Adoption of the system" means, in the case of Section 45221, the
day on which a successful election is certified to the governing
board or, in the case of Section 45224, 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 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
Superintendent of Public Instruction 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 before 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 then shall appoint the
new nominee.
(e) If 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 45248. If
there is no personnel director, the board nevertheless may 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 of the governing board and
the appointee 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 of the governing board and the appointee 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.

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 office shall run from noon of the first
day of December next succeeding.
In school 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 two other members
shall be for two years and one year respectively.
In school 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.

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 to fill an unexpired term.
The procedures required in Sections 45245 and 45246 shall be followed
in the appointment and recommendation for appointment to fill
vacancies occurring subsequent to the initial appointments.
(b) Notwithstanding subsection (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
45244 and be free of the restrictions contained therein.
(d) An interim appointment in no event shall be valid for more
than 60 days.

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 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 school 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 45103.
(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
school 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 school district
that has already adopted this article on September 17, 1965, members
of the personnel commission shall be appointed by the Superintendent
of Public Instruction who shall consider the recommendation of the
governing board and other interested parties. Subsequent appointments
shall be made in accordance with this section.
(2) No later than 90 days before making the appointment, the
Superintendent of Public Instruction 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 superintendent may appoint a new member after
providing the foregoing notice no later than 30 days before making
the appointment.
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.

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 fifty dollars ($250) per month.

45251. In a unified school district with an average daily
attendance in excess of 400,000, 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.

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 governing board in the regular
budget of the school district. The annual budget of the commission
may include amounts for the purposes of Section 45255.
(b) The budget shall be prepared for a public hearing by the
commission to be held not later than May 30 of each year, or at a
date agreed upon between the governing board and the personnel
commission to coincide with the process of adoption of the school
district budget. 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.
(c) If the county superintendent of schools proposes to reject the
budget as submitted by the commission of a school district, he or
she 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 or she shall have informed both the commission
and the governing board of the date, time and place of the hearing.
He or she may after the 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.
(d) If the county superintendent of schools proposes to reject the
budget as submitted by the personnel commission of a county office
of education, the county superintendent shall contract with the
Office of Administrative Hearings of the State of California for an
administrative law judge to conduct a public hearing on the proposed
rejection. The administrative law judge shall render findings and any
proposed amendments, if any, to the proposed budget. The personnel
commission may accept or reject the findings and proposed amendments.
If the personnel commission rejects the findings and proposed
amendments, if any, of the administrative law judge, 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.
(e) The procedures of subdivision (d) apply if an individual
serves as both the county superintendent of schools and the
superintendent of a school district within the county.

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 governing board of the school district. In
the absence of an agreement between the personnel commission and the
governing board, the commission shall forward its proposed budget to
the county superintendent of schools, who shall determine the budget
based upon the average of personnel commission budgets of the same
type of school districts that have comparable enrollment within the
county. In the absence of comparable school districts within the
county, comparable statewide averages shall be used. The governing
board shall provide funds to support the work of the personnel
commission.

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 prescribed by Article 9
(commencing with Section 45380) of this chapter.

45256. (a) The commission shall classify all employees and
positions within the jurisdiction of the governing board or of the
commission, except those that 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) All of the following are exempt from the classified service:
(1) Positions which require certification qualifications.
(2) Full-time students employed part time.
(3) Part-time students employed part time in any college workstudy
program, or in a work experience education program conducted by a
community college district pursuant to Article 7 (commencing with
Section 51760) of Chapter 5 of Part 28 and that is financed by state
or federal funds.
(4) Apprentice positions.
(5) 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.
(6) Part-time playground positions, where the employee is not
otherwise employed in a classified position. Part-time playground
positions shall be considered part of the classified service when the
employee in the position also works in the same school district in a
classified position.
(c) (1) Employment of either full-time or part-time students in
any college workstudy program, or in a work experience education
program shall not result in the displacement of classified personnel
or impair existing contracts for services.
(2) 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.
(d) 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.
(e) 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.

45256.5. (a) The governing board of a school district may adopt a
resolution designating certain positions as senior management of the
classified service. Notwithstanding the provisions of Chapter 10.7
(commencing with Section 3540) of Division 4 of Title 1 of the
Government Code, the decision of the governing board shall not be
deemed a matter subject to negotiation, but shall be subject to
review by the Public Employment Relations Board.
(b) Employees whose positions are designated as senior management
of the classified service shall be a part of the classified service
and shall be afforded all rights, benefits, and burdens of other
classified employees, except that they shall be exempt from all
provisions relating to obtaining permanent status in a senior
management position.
(c) Positions in the senior management of the classified service
shall be filled from an unranked list of eligible persons who have
demonstrated managerial ability who have been found qualified for the
positions as specified by the district superintendent and determined
by the personnel commission.
(d) Notice of reassignment or dismissal from a position in the
senior management of the classified service shall be provided in
accordance with the provisions of Section 35031.

45258. In addition to the exemptions authorized in Section 45256,
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,
or a total of 720 hours, 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.
(3) A regular classified employee of the school district shall not
receive a concurrent appointment to such a position.

45259. If the governing board of any school 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 they shall not be subject to the
provisions of Section 45272 or 45273, 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 45105.

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 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 public school employer of
the classified employees who would be affected have been given
reasonable notice of the proposal.

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, 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.

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 permanent worksite where employees report,
and shall be distributed to school libraries for loan to employees.
(b) Within one year of the adoption of the merit system, the
commission shall adopt rules pursuant to Section 45260 and shall give
to each new regular employee a handbook that 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.

45263. 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 school district must 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 school district's joint
apprenticeship committee may approve retention of an employee as an
apprentice up to six months beyond the predetermined apprentice
period.
Selection of eligibles shall be made in accordance with their
position on employment lists established by competitive or qualifying
examinations.
The provisions of Section 45134 shall be applicable to apprentice
positions, provided that 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.

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 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
part of the functions of the commission. Such employees shall be
appointed from eligibility lists established pursuant to the
provisions of this article, be classified employees of the school
district and 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.

45265. Notwithstanding the provisions of Section 45264, the
personnel commission, in a school district or a county superintendent
of schools office 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 or county
superintendent's office is employing more than 100 classified
employees, the personnel commission shall then comply with the
provisions of Section 45264.
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 Sections 45119 or 45120.

45266. (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 45305, if the personnel director is the
party who brought the action against the employee.

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 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
such school districts prior to the enactment of Section 45100 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.

45268. 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.

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 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.

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 in this article is adopted shall be
deemed to hold their positions under probationary classification.

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 Section 44065 of the duties of
the employee and subject to Section 45285 shall be deemed to be in
the classified service shall without examination become a member of
the classified service in accordance with the terms of Sections 45269
and 45270. Full seniority rights shall be retained, except that no
seniority credit shall be allowed by virtue of previous certificated
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 in the certificated service
shall without examination become an employee of the certificated
service and shall be deemed to have the necessary certification
qualifications for that 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 certificated employee shall be
deemed to be a permanent certificated employee of the district. Any
such person serving in a regular position in the classified service
for an amount of time less than that deemed to be necessary to
acquire permanency as a certificated employee shall be a certificated
probationary employee of the district. That regular classified
service shall be considered as probationary service toward the
attainment of permanency by a certificated employee of the district.

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 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. The commission shall place
applicants 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) Upon the request of a majority of the members of the governing
board of a district, the commission may exempt one or more executive
secretarial positions from the requirements of this section.
Exemptions authorized under this subdivision shall be limited to
executive secretarial positions reporting directly to members of the
governing board, the district superintendent, or not more than four
principal deputies of the district superintendent, or all of these
positions.
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 specified
by the district 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.
Nothing contained in this section shall authorize the selection of
eligible candidates in circumvention of the affirmative action
programs of any school district.

45272.5. (a) Notwithstanding subdivision (a) of Section 45272, in a
school district with a pupil population over 400,000, an appointment
for an open, entry-level, school-based position, as described in
subdivision (b), may be made from any rank on the eligibility list.
However, in making appointments pursuant to this section, at least
three eligible candidates from the list, if available, shall be
considered, and appointing authorities shall consider job-related
background and training that are related to successful job
performance, placement on the eligibility lists, and seniority, prior
to making a job offer.
(b) This section is limited to the following classes:
(1) Clerk/Office Technician.
(2) Information Systems Support Assistant I.
(3) Library Aide.
(c) A school district that makes an appointment pursuant to this
section shall study the effectiveness of this selection method,
vacancy rates for each class, and length of time to hire for each
class, and submit a report on the study to the affected labor unions.
(d) This section shall remain in effect only until January 1, 2012,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2012, deletes or extends that date.

45273. Examinations shall be administered objectively, and shall
consist of test parts that relate to job performance.
For classes of positions deemed by the commission to require an
oral examination, the oral examination board shall include at least
two members. Where a structured objective examination is to be
administered to the entire field of candidates, a single member oral
examination board may be utilized. A "structured objective
examination" means, for this purpose, an examination for which the
examiner exercises no discretion in the selection of the questions or
in the evaluation of the answers.
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.

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 commission 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.

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 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, required by this section, prior to
issuance of an announcement calling for a competitive examination to
fill position vacancies.

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 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 three ranks of 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, an employee who meets the special requirements may
receive provisional appointments which may accumulate to a total of
90 working days. Successive provisional appointments of 90 working
days or less each may be made in the absence of an appropriate
eligibility list containing applicants who meet the special
requirements if the personnel commission finds that the requirements
of subdivisions (a) and (b) of Section 45288 have been met. These
appointments may continue for the period of the provisional
appointment, but may not be additionally extended if certification
can later be made from an appropriate eligibility list.

45277.5. Notwithstanding Section 45277, in a school district with a
pupil population of over 400,000 the following shall apply:
(a) An appointment may be made from other than the first three
ranks of eligible applicants on the eligibility list if one or more
of the following are required for successful job performance of a
position to be filled:
(1) The ability to speak, read, or write a language in addition to
English.
(2) A valid driver's license.
(3) Specialized licenses, certifications, knowledge, or ability,
as determined by the school district personnel commission, that
cannot reasonably be acquired during the probationary period.
(4) A specific gender if it is a bona fide occupational
qualification.
(b) The recruitment bulletin announcing the examination shall
indicate the special requirements that may be necessary for filling
one or more of the positions in the classification. If a position is
to be filled using the authority of this section, the appointment
shall be made from among the highest three ranks of eligible
candidates on the appropriate eligibility list who meet the special
requirements of the position and who are ready and willing to accept
the position.
(c) If there are insufficient applicants who meet the special
requirements, an employee who meets the special requirements may
receive provisional appointments that may accumulate to a total of 90
working days. Successive provisional appointments of 90 working days
or less each may be made in the absence of an appropriate
eligibility list containing applicants who meet the special
requirements if the personnel commission finds that the requirements
of subdivisions (a) and (b) of Section 45288 have been met. These
appointments may continue for the period of the provisional
appointment, but shall not be additionally extended if certification
can later be made from an appropriate eligibility list.
(d) This section applies only to the following classifications:
(1) Accountant.
(2) Administrative analyst.
(3) Administrative assistant.
(4) Assistant contract administration analyst.
(5) Assistant contracts supervisor.
(6) Assistant realty agent.
(7) Contracts administration analyst.
(8) Contract assistant.
(9) Coordinating contract assistant.
(10) Educational research analyst.
(11) Financial analyst.
(12) Grants specialist.
(13) Health care advocate.
(14) Human resources specialist III.
(15) Insurance representative II.
(16) Insurance representative III.
(17) Occupational health nurse.
(18) Parent community facilitator.
(19) Principal financial analyst.
(20) Principal administrative analyst.
(21) Senior administrative analyst.
(22) Senior administrative assistant.
(23) Senior financial analyst.
(24) Senior internal auditor.
(25) Web developer.
(26) Any classifications that have been designated as management.
(e) A school district that makes an appointment pursuant to this
section shall study the effectiveness of this selection method,
vacancy rates for each classification, and the length of time to hire
for each classification, and submit a report on the study to the
affected labor unions.
(f) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.

45278. (a) 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. If the
subject of those notices affects a probationary or permanent
classified employee who will not be reporting at his or her work
location during periods when that employee is not normally required
to work, including Christmas, Easter, summer recesses, and other paid
or unpaid leaves of absences, including vacations, and who has
previously requested notification, those notices shall be mailed to
the employee. However, the failure of an employee to receive that
notice shall not invalidate any procedure, if in fact the notice was
placed in the U.S. mail and postage paid.
(b) (1) Subdivision (a) does not apply to a school 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.
(2) A school district may publish and distribute pursuant to
paragraph (1) by electronic means.
(c) 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.

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 discretion of the governing board, be
assigned duties which he is capable of performing. The position to
which he is assigned shall be subject to classification by the
personnel commission, but the employee shall receive no increase in a
wage or salary because of his assignment to the position unless he
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 may be assigned to the position without competitive
examination, but shall continue to receive the wage or salary of his
former classification. If the position is classified and allocated
to a lower wage or salary than that attained by the employee, he
shall be paid the wage or salary appropriate to the position.

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 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
certificated 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 certificated, 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 certificated 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.

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 promotional examinations for
positions in the classified service.

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 assignment of classified personnel, the
personnel commission may establish area eligibility lists in those
areas where the district eligibility list is exhausted. Appointments
to positions within the area shall be made from the first three ranks
of persons on the area eligibility list, as determined by the
commission, who are ready and willing to accept the position. The
life of the new area eligibility list shall be not less than one
year. The life of the list may be extended for up to an additional
period of two years at the discretion of the commission. Seniority
for the purpose specified in Section 45308 shall continue to be
districtwide.

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 examination authorize certification for
employment of candidates from the open competitive eligibility list
before the promotional eligibility list has been exhausted 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.

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 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.

45285.5. 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
public school employer of the classified employees who would be
affected have been given reasonable notice of the proposed
classifications or reclassifications.

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 appointment in lieu of an absent employee,
is not to exceed the authorized absence of said employee, the
appointing power shall submit a request in which the probable
duration of the appointment is stated. Eligibles shall be certified
in accordance with their position on the appropriate employment list
and their willingness to accept appointment to such position as
limited-term employees. Limited-term employees shall be subject to
conditions affecting status and tenure during and after employment
that the commission may by rule determine. Notwithstanding these
limitations on the duration of these positions, the commission may,
based on a declaration of an emergency by the President of the United
States or the Governor, authorize an extension that may not exceed
one year. The duties of the extended position must be related to the
emergency.

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 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
45256, 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.

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 requirements are met:
(a) An examination for the class was completed during the first 90
working days of his provisional assignment.
(b) Evidence satisfactory to the personnel commission is presented
indicating:
(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.

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 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 (commencing at Section 45240)
which are in conflict with this section, but only to the extent there
is a conflict.

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 available, make appointments for a period
not to exceed 15 working days, in accordance with commission rule.

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 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.

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 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.

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 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.

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 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.

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 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.

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 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
the 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 the position through competitive
examination, the employee shall, at his or her request made within
six months after leaving that active military service under honorable
conditions, be given forthwith 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
the employee in that examination shall be deemed to be the grade he
or she 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.

45298. 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 d