Section 88066 Of Article 3. Merit System From California Education Code >> Division 7. >> Title 3. >> Part 51. >> Chapter 4. >> Article 3.
88066
. (a) Within 30 days after adoption of the system the
governing board shall publicly announce its intended appointee, and
the appointee or appointees, as appropriate, nominated by its
classified employees. As soon after their appointment as practicable
but within 30 days, the appointed members shall announce their
intended appointee for the third or fifth member, as appropriate.
They may consider the recommendations of the governing board, the
classified employees, or other concerned citizens. If these members
do not announce their intended appointee within the 30-day period,
the Chancellor of the California Community Colleges shall make the
appointment.
"Adoption of the system" means, in the case of Section 88051, the
day on which a successful election is certified to the governing
board or, in the case of Section 88054, the day the governing board
approves a motion, order, or resolution to adopt the system
regardless of the date specified for operational commencement of the
system.
(b) Where a system is already in existence and a vacancy will
exist on December 1, by not later than September 30:
(1) The governing board shall publicly announce the name of the
person it intends to appoint or reappoint, if the vacancy is its
appointee.
(2) The appointee or appointees, as appropriate, of the governing
board and the appointee or appointees of the classified employees
shall publicly announce the name of the person they intend to
appoint, if the vacancy is their appointee.
If the governing board and the classified employees of the
district are unable to agree upon a nomination by September 30, the
Chancellor of the California Community Colleges shall make the
appointment within 30 days.
(c) Where a system is already in existence and a vacancy in a
position nominated by the classified employees will occur, the
classified employees shall submit the name of its nominee to the
governing board at least 30 days prior to the date on which the
vacancy will occur and the governing board shall appoint that nominee
to be effective on the date on which the vacancy would occur.
(d) At a board meeting to be held after 30 and within 45 days of
the dates specified in subdivision (a) and paragraph (1) of
subdivision (b), as the case may be, the governing board in open
hearing shall provide the public and employees and employee
organizations the opportunity to express their views on the
qualifications of those persons recommended by the governing board
for appointment.
The board at the time may make its appointment or may make a
substitute appointment or recommendation without further notification
or public hearing.
In the case of the nominees of the classified employees, the board
shall appoint the nominee, unless the classified employees
voluntarily withdraw the name of the nominee and submit the name of a
new nominee. In the latter case, the board shall then appoint the
new nominee.
(e) In the event a vacancy exists because of a failure of the
classified employees to agree on a nominee, the board may make an
emergency appointment as authorized in subdivision (b) of Section
88065. If there is no personnel director, the board may nevertheless
make an emergency interim appointment under this subdivision.
(f) At the next regularly scheduled personnel commission meeting
to be held after 30 days from adoption of the system, as specified in
subdivision (a), or at the next regularly scheduled personnel
commission meeting to be held after 30 days from the day the intended
appointee is announced, as specified in paragraph (2) of subdivision
(b), as the case may be, the appointee or appointees of the
governing board and the appointee or appointees nominated by the
classified employees shall, in an open hearing, provide the public
and employees and employee organizations the opportunity to express
their views on the qualifications of each candidate recommended for
the vacancy. Each candidate shall be invited to this meeting.
The appointee or appointees of the governing board and the
appointee or appointees nominated by the classified employees may
make their appointment or may make a substitute appointment or
recommendation without further notification or public hearing.
(g) A commissioner whose term has expired may continue to
discharge the duties of the office until a successor is appointed,
but for no more than 90 calendar days. This subdivision shall become
operative on January 1, 1994.