Section 45319 Of Article 6. Merit System From California Education Code >> Division 3. >> Title 2. >> Part 25. >> Chapter 5. >> Article 6.
45319
. A merit (civil service) system within a school district may
be terminated by one of the following methods:
(a) If the governing board of a school district, or a county board
of education, receives a 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 board calling for the termination of the
merit (civil service) system and the system has been in operation
for not less than five years or has been imposed pursuant to the
terms of Section 45119 or 45120, the board shall order the county
superintendent of schools to place the question of termination of the
system on the ballot at the next regular governing board member
election, or county board of education member election, or the next
primary or general election in a general election year, whichever is
the earlier after receipt by the county superintendent of schools.
The statement of purpose of the election shall read:
"Shall the merit (civil service) system for school employees not
requiring certification qualifications, as provided for in Article 6
(commencing with Section 45240) of Chapter 5 of Part 25 of Division 3
of Title 2 of the Education Code of the State of California, and
which has been in operation for at least five years, be terminated by
the ____ School District of ____ County (or counties, where
appropriate), or by the County Office of Education of ____ County on
____ (date to be specified by board)?"
The petition calling for the election, to be valid, shall contain
the statement of purpose for the election as contained in this
section.
(b) If the governing board of a school district, or the county
board of education, receives a written petition from 40 percent of
the classified employees entitled to vote calling for the termination
of the merit (civil service) system and the system has been in
operation for not less than five years or has been imposed pursuant
to the terms of Section 45119 or 45120, the governing board shall
conduct an election by secret ballot of its classified personnel to
determine whether or not they desire to have the merit system
terminated within the district. The ballot shall read: "Shall the
merit (civil service) system for classified employees be terminated
in the ____ (name of school district, or county office of education)
as of ____ (termination date)?"
As used in this subdivision, "classified employees" means all
personnel who are a part of the classified service who are appointed
in accordance with Section 45272.
In order to be valid, the petition calling for the termination of
the merit (civil service) system shall be submitted to the governing
board within 90 days after the date that the notice for the
circulation of the petition was filed with the governing board. The
election shall be held during the regular school year and shall be
held no earlier than 45 days and no later than 180 days after the
date that the petition was submitted to the governing board.
If the merit system was adopted pursuant to Section 45224.5,
classified employees entitled to vote in an election pursuant to this
subdivision shall be limited to those classified employees who
reside in the district.
(c) The governing board shall devise an identification system
designed to protect against fraud in the balloting process. In
addition, the governing board shall appoint a three-member tabulation
committee consisting of one member of the governing board, one
member of the personnel commission of the district, and one member
who shall be a classified employee of the district. It shall be the
responsibility of the tabulation committee to canvass the election
ballots and to certify the results of the election to the governing
board at the next regular meeting of the governing board following
the completion of the tabulation of the election ballots by the
committee.
(d) Notwithstanding any other provision of law, the governing
board shall not be required to provide release time for classified
personnel to vote in an election conducted pursuant to subdivision
(b). The governing board shall not conduct an election under
subdivision (b) more than once in any two-year period.
(e) It shall be unlawful for a public school employer and the
exclusive representative of the classified employees of a school
district to include the subject of the termination of the merit
(classified service) system within the scope of representation.
(f) Members of the classified service shall be provided an
adequate and ample opportunity to be informed of the arguments in
favor of and in opposition to the termination of the merit (civil
service) system prior to the conducting of an election called
pursuant to subdivision (b). That opportunity shall include an open
forum during which proponents of, and opponents to, the termination
of the merit (civil service) system shall be permitted to debate the
issue.