Section 88138 Of Article 3. Merit System From California Education Code >> Division 7. >> Title 3. >> Part 51. >> Chapter 4. >> Article 3.
88138
. A merit (civil service) system within a community college
district may be terminated by one of the following methods:
(a) If the governing board of a community college district,
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, 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 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
employed as faculty or educational administrators, as provided for in
Article 3 (commencing with Section 88060) of Chapter 4 of Part 51 of
Division 7 of Title 3 of the Education Code of the State of
California, and which has been in operation for at least five years,
be terminated by the _____ Community College District of ____ County
(or counties, where appropriate) 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 community college district
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
community college district) 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 88091.
In order to be valid, the petition calling for the termination of
the merit (civil service) system must be submitted to the governing
board of a community college district within 90 days after the date
that the notice for the circulation of the petition was filed with
the governing board of the community college district. The election
shall be held during the regular academic 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 88057,
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 of a community college district 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
community college district, and one member who shall be a classified
employee of the community college 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 results by the
committee.
(d) Notwithstanding any other provision of law, the governing
board of a community college district 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 community
college 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
(classified 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.