0 chapters · 9,350 sections in this title.
Educ. Code § 88078 Section 88078
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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 in advisory or consulting capacities for not more than 90 working days in a fiscal year, provided tha…
Educ. Code § 88079 Section 88079
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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, then such positions shall, in addition to the regular class title, be classified as “res…
Educ. Code § 88080 Section 88080
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(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 and the selection and retention of employees upon a basis of merit and fitness. The rules shall not apply to bargaining uni…
Educ. Code § 88081 Section 88081
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(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, vacat…
Educ. Code § 88082 Section 88082
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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 report and shall be distributed to school libraries for loan to employees. Within one year of when a district adopts the merit…
Educ. Code § 88083 Section 88083
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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 app…
Educ. Code § 88084 Section 88084
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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 budgete…
Educ. Code § 88085 Section 88085
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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 a majority of the classified employees, contract for the services of a qualified personnel director wit…
Educ. Code § 88086 Section 88086
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(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 imp…
Educ. Code § 88086.5 Section 88086.5
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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 to the procedure set forth in this article. This section is declaratory of existing law. The sections here enumera…
Educ. Code § 88087 Section 88087
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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…
Educ. Code § 88088 Section 88088
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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 serv…
Educ. Code § 88089 Section 88089
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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 set forth in this article is adopted shall be deemed to hold their positions under probationary classification. (Enacted …
Educ. Code § 88090 Section 88090
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Any employee serving in an academic position whose position is by virtue of change of law deemed to be in the classified service shall without examination become a member of the classified service in accordance with the terms of Sections 88088 and 88089. Full seniority rights sha…
Educ. Code § 88091 Section 88091
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(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…
Educ. Code § 88092 Section 88092
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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 the authority responsible for the administration of classified employee examinations to require an oral examinati…
Educ. Code § 88093 Section 88093
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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 authorized to administer examinations for a period of not less than 90 days after promulgation of an eligibility list. The commiss…
Educ. Code § 88095 Section 88095
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The governing board shall fix the duties of all positions a part of the classified service as required by Section 88009. The board may recommend the minimum educational and work experience requirements for classified positions to the personnel commission. Minimum qualification re…
Educ. Code § 88096 Section 88096
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Appointments may be made from other than the first two or three, as the case may be, applicants on the eligibility list when the ability to speak, read, or write a language in addition to English or possession of a valid driver’s license is a requirement of the position to be fil…
Educ. Code § 88097 Section 88097
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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 da…
Educ. Code § 88098 Section 88098
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A regular employee who is determined by the governing board to be incapable of performing the duties of his or her class because of illness or injury may, at the discretion of the governing board, be assigned duties that he or she is capable of performing. The position to which t…
Educ. Code § 88099 Section 88099
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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 s…
Educ. Code § 88100 Section 88100
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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.
Educ. Code § 88101 Section 88101
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The commission shall, by rule, provide for an open competitive examination and a promotional examination to be held at the same time for the positions that existed or could be created, when the positions become available for competitive examination, under the provisions of subdiv…
Educ. Code § 88102 Section 88102
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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 for assignment of classified personnel, when an eligibility list is exhausted in one assignment area but there are a…
Educ. Code § 88103 Section 88103
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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 promotiona…
Educ. Code § 88104 Section 88104
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(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 r…
Educ. Code § 88104.5 Section 88104.5
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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 community coll…
Educ. Code § 88105 Section 88105
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Whenever the appointing power requires the appointment of a person to a position, the duration of which is not to exceed six months, or, in case of an appointment in lieu of an absent employee, is not to exceed the authorized absence of that employee, he or she shall submit a req…
Educ. Code § 88106 Section 88106
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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 f…
Educ. Code § 88107 Section 88107
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The personnel commission may authorize the extension of a provisional employee’s assignment for a period not to exceed 36 working days, if all of the following requirements are met: (a) An examination for the class was completed during the first 90 working days of his or her prov…
Educ. Code § 88108 Section 88108
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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 appoi…
Educ. Code § 88109 Section 88109
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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. (Enacted by Stats…
Educ. Code § 88110 Section 88110
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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 …
Educ. Code § 88111 Section 88111
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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 promotional examination only. (Enacted by Stats. 1976, Ch. 1010.)
Educ. Code § 88112 Section 88112
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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 those bases are defined in Sections 12926 and 12926.1 of the Government Code, shall be asked of any applicant, or any candi…
Educ. Code § 88113 Section 88113
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“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, p…
Educ. Code § 88114 Section 88114
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“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 to be 10 percent or more disabled as a result of service in the armed forces. Proof of disability shall be deemed conc…
Educ. Code § 88115 Section 88115
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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 add…
Educ. Code § 88116 Section 88116
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(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 active military service of the United States of America during any period of national emergency declared by the P…
Educ. Code § 88117 Section 88117
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(a) A person laid off because of lack of work or lack of funds shall be eligible for reemployment for a period of 39 months as follows: (1) The person’s reemployment shall take preference over new applicants. (2) The person shall have the right to participate in promotional exami…
Educ. Code § 88119 Section 88119
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Eligibility lists shall be established for a period of not less than one year except that when a list is exhausted for appointments to current vacancies, through use and eligibles being unavailable, the commission may, upon the recommendation of the officer charged with certifyin…
Educ. Code § 88120 Section 88120
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(a) A person who has served an initial probationary period in a class not to exceed six months or 130 days of paid service, whichever is longer, as prescribed by the rules of the commission shall be deemed to be in the permanent classified service, except that the commission may …
Educ. Code § 88121 Section 88121
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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 the efficiency of the service. This section shall not be construed to prevent layoffs for lack of work or lack of funds. (E…
Educ. Code § 88122 Section 88122
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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 and dismissed in the manner provided by law for any one or more of the following causes: (a) Knowing membership by the empl…
Educ. Code § 88123 Section 88123
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For reasonable causes, an employee may be suspended without pay for not more than 30 days , except as provided in this section, or may be demoted or dismissed. In such case, the personnel director, shall within 10 days of the suspension, demotion, or dismissal, file written charg…
Educ. Code § 88124 Section 88124
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Any employee in the permanent classified service who has been suspended, demoted, or dismissed may appeal to the commission within 14 days after receipt of a copy of the written charges by filing a written answer to the charges. Such an appeal is not available to an employee who …
Educ. Code § 88125 Section 88125
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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 shall, order a hearing. The accused employee shall have the right to appear in person or with counsel and to be heard in his …
Educ. Code § 88126 Section 88126
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If the commission sustains the employee, it may order paid all or part of his or her full compensation from the time of suspension, demotion, or dismissal, and it shall order his or her reinstatement upon terms and conditions that it deems appropriate. The commission may modify t…
Educ. Code § 88127 Section 88127
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Classified employees shall be subject to layoff for lack of work or lack of funds. Whenever a classified employee is laid off, the order of layoff within the class shall be determined by length of service. The employee who has been employed the shortest time in the class, plus hi…