Section 88091 Of Article 3. Merit System From California Education Code >> Division 7. >> Title 3. >> Part 51. >> Chapter 4. >> Article 3.
88091
. (a) All vacancies in the classified service shall be filled
pursuant to this article and the rules of the commission, from
applicants on eligibility lists which, wherever practicable, as
determined by the commission, shall be made up from promotional
examinations, or appointments may be made by means of transfer,
demotion, reinstatement, and reemployment in accordance with the
rules of the commission. All applicants for promotional examinations
shall have the required amount of service in classes designated by
the commission or meet the minimum qualifications of education,
training, experience, and length of service, which shall be
determined by the commission to be appropriate for the class for
which they have applied. Any promotional applicant who has served the
required amount of time in a designated class or who meets the
minimum qualifications for admission to a promotional examination
shall be admitted to the examination. Applicants shall be placed on
the eligibility lists in the order of their relative merit as
determined by competitive examinations. The final scores of
candidates shall be rounded to the nearest whole percent for all
eligibles. All eligibles with the same percentage score will be
considered as having the same rank. Appointments shall be made from
the eligibles having the first three ranks on the list who are ready
and willing to accept the position.
(b) (1) Upon the request of a majority of the members of the
governing board of a community college district, the commission may
exempt two executive secretarial positions from the requirements of
this section. Exemptions authorized under this subdivision shall be
limited to one executive secretary position reporting directly to
members of the governing board, and one executive secretary position
reporting directly to the chancellor.
(2) Any person employed in an exempt executive secretarial
position shall continue to be afforded all of the rights, benefits,
and burdens of any other classified employee serving in the regular
service of the district, except he or she shall not attain permanent
status in an executive secretarial position. Positions of executive
secretary shall be filled from an unranked list of eligible employees
who have been found to be qualified for the positions as determined
by the district chancellor or superintendent and determined by the
personnel commission. Any person whose services in an executive
secretarial position are discontinued for a cause other than a cause
for disciplinary action specified in this code or in a rule of the
commission shall have the right to return to a position in a
classification he or she previously occupied or, if that
classification no longer exists, in a similar classification, as
determined by the commission. This subdivision shall apply only to
the employees hired on or after January 1, 1988.
(c) (1) Upon the request of a majority of the members of the
governing board of a community college district, the personnel
commission may exempt designated senior classified administrative
positions from the requirements of this section. A "senior classified
administrative employee" means a classified employee who acts as the
chief business, fiscal, facilities, or information technology
adviser or administrator for the district chancellor or
superintendent or a college president, as determined by the governing
board and certified by the personnel commission.
(2) Any person employed in an administrative position exempted
under this subdivision shall continue to be afforded all of the
rights, benefits, and burdens of any other classified employee
serving in the regular service of the district, except that he or she
shall not attain permanent status in that administrative position. A
vacancy in an administrative position that is exempted under this
subdivision shall be filled from an unranked list of eligible persons
who have been found to be qualified for the positions as determined
by the district chancellor or superintendent and the personnel
commission. Any person whose services in an administrative position
exempted under this subdivision are discontinued for any reason other
than for cause as specified in this code or in a rule of the
personnel commission shall have the right to return to a position in
a classification he or she previously occupied or, if that
classification no longer exists, in a similar classification, as
determined by the commission.
(3) This subdivision shall apply only to employees hired on or
after January 1, 2001.
(d) Nothing contained in this section shall authorize the
selection of eligible candidates in circumvention of the affirmative
action programs of any community college district.