Section 45120 Of Article 1. Employment From California Education Code >> Division 3. >> Title 2. >> Part 25. >> Chapter 5. >> Article 1.
45120
. If all or any part of any district or districts which is
unified with all or any part of a district, has, or have, the merit
system prior to the date of the reorganization election, all
employees not legally requiring certification qualifications of the
reorganized district shall be employed in accordance with Article 6
(commencing with Section 45240) of this chapter 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. If on the date
of such reorganization election, two or more of the said defined
districts of such reorganized district have merit systems, the
reorganized district shall adopt a single merit system which shall
contain all provisions necessary to secure to all employees the
rights guaranteed by Section 45121 of this code.
Seniority of the personnel of the reorganized district shall be
established as of the date of original employment in the district or
districts as defined above. 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 the governing
board of the new unified district to reasonably reassign such
person. 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 shall, if so placed, 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 this 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.