SECTIONS 88050-88057 - California Statutes

EDUCATION CODE

SECTION 88050-88057

88050. As used in this article, "a district whose full-time
equivalent student is 3,000 or greater" shall be construed to include
any district which is the only district in the territory under the
jurisdiction of the county superintendent of schools regardless of
its full-time equivalent student.

88051. (a) On or after November 8, 1967, the classified employees
of any district whose full-time equivalent student is 3,000 or
greater, in accordance with this article, may petition the governing
board to make Article 3 (commencing with Section 88060) applicable to
their employer district. That petition shall read substantially as
follows:

"We, the undersigned classified employees of the _____ (name of
community college district), constituting 15 percent or more of the
classified personnel entitled to vote, request the governing board to
submit to election the question of whether or not the merit (civil
service) system shall become applicable to this district.

NAME
__________________________________________________
POSITION CLASSIFICATION _________________________"

"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 88003.
(b) Within 120 days after receipt of the petition the governing
board 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) 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
district. The ballot shall read:
"Shall the merit (civil service) system for classified employees
be applicable in the ______ (name of community college district)
/_/ Yes
/_/ No"

Although the ballot 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.
(4) The governing board shall appoint a three- or five-person
tabulating committee, at least one member of which shall be a member
of the governing board, to canvass the ballots and present the
results to the governing board. If a simple majority votes in favor
of the merit system, that system shall become applicable in the
district.
(c) The tabulating committee required under this section shall
certify the results of the election to the governing board at the
next regular or special meeting of the board following the date the
committee completes tabulation of the votes. If the tabulating
committee completes the tabulation on the same day that the governing
board meets in regular or special session, the committee shall
certify the results of the election to the board at that meeting.

88052. Effective upon certification to a governing board by a
tabulating committee that an election, as authorized in Section 88051
of this code, has been successful, all of the provisions of Article
3 (commencing with Section 88060) that can reasonably be construed to
be applicable to classified employees shall be applicable.
All of the provisions of Article 3 (commencing with Section 88060)
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.

88053. The governing board of a community college district whose
full-time equivalent student is less than 3,000, by affirmative vote
of a majority of its members, may adopt the procedure set forth in
Article 3 (commencing with Section 88060). The motion or a resolution
for adoption of the system shall specify the date that Article 3
(commencing with Section 88060) shall be applicable to the classified
employees of the district, which shall not be later than July 1 next
following the date of adoption.

88054. The governing board of a community college district whose
full-time equivalent student is 3,000 or more, by affirmative vote of
a majority of its members, may adopt the procedure set forth in
Article 3 (commencing with Section 88060), if a lawful petition has
not been received as authorized in Section 88051, or may adopt the
procedure at any time after a two-year period has elapsed following
an unsuccessful election conducted in accordance with Section 88051.
The motion, order, or resolution for adoption of the procedure
shall specify the date that Article 3 (commencing with Section 88060)
shall be applicable to classified employees, which shall not be
later than July 1 next following the date of adoption.

88055. 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.

88056. 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.

88057. The procedure set forth in Article 3 (commencing with
Section 88060) may also be adopted by a majority of the voting
electors of the community college 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 Article 3
(commencing with Section 88060) shall be applicable to classified
employees, which shall not be later than July 1 next following the
date of adoption.