Section 45119 Of Article 1. Employment From California Education Code >> Division 3. >> Title 2. >> Part 25. >> Chapter 5. >> Article 1.
45119
. Whenever, by reason of any reorganization, other than the
unification of districts, all or part of the territory of any school
district which has adopted the merit system is included within any
district, or in any new district, the governing board of the
acquiring or new district shall adopt such merit system if a simple
majority of the classified employees of the reorganized district
voting on the adoption of a merit system approve its adoption
pursuant to Section 45221. If no such election is requested by the
classified employees of the reorganized district pursuant to Section
45221, adoption of a merit system shall be effective only if the
number of classified employees from the merit system district who are
to become employees of the acquiring district equals or exceeds the
number of classified employees of the acquiring nonmerit system
district. In the event that any district simultaneously acquires all
or part of the territory of two or more districts which have
previously adopted the merit system, the governing board of the
acquiring or new district shall adopt a merit system containing such
provisions as are necessary to afford to all employees the rights
guaranteed by this section if a simple majority of the classified
employees of the reorganized district voting on the adoption of a
merit system approve its adoption pursuant to Section 45221. If no
such election is requested by the classified employees of the
reorganized district pursuant to Section 45221, adoption of a merit
system shall be effective only if the number of classified employees
from the merit system district who are to become employees of the
acquiring district equals or exceeds the number of classified
employees of the acquiring nonmerit system district. The employees of
the reorganized or new district shall retain all rights and
privileges as if they had been employed under the provisions of
Article 6 (commencing with Section 45240) of this chapter, with
seniority commencing as of the date of original employment in their
original district. Where there are more than a sufficient number of
employees for a given classification under the provisions of Article
6 (commencing with Section 45240) of this chapter, such personnel
shall be retained in employment for a period of not less than two
years as if the reorganization had not occurred but without prejudice
to the powers of the personnel commission and governing board of the
reorganized district to reasonably reassign such persons. If at the
expiration of such period, upon a finding made by the personnel
commission that there are excess personnel in any given
classification, such personnel shall, if the governing board so
directs, be placed upon appropriate reemployment lists for 39 months
and, if so placed, shall be offered and may accept positions of lower
rank in their line of promotion in the order of seniority as
established by this section in accordance with rules drawn in
compliance with the provisions of Article 6 (commencing with Section
45240) of the chapter. The acceptance of a position in lower rank in
accordance herewith shall not be deemed to constitute a waiver of the
right to reemployment at the original level should a vacancy at such
level occur within the period mentioned in this section.