Section 88019 Of Article 1. Employment From California Education Code >> Division 7. >> Title 3. >> Part 51. >> Chapter 4. >> Article 1.
88019
. Whenever, by reason of any reorganization, other than the
unification of districts, all or part of the territory of any
community college 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.
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. 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 3 (commencing with Section 88060) 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 3 (commencing with Section 88060) 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 3 (commencing with
Section 88060) 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.