Legal Resources | | EC 45221
Election for merit system
(a) On or after the effective date of this section the classified employees of any district whose average daily attendance is 3,000 or greater, may, in accordance with this article, petition the governing board to make the provisions of Article 6 (commencing with Section 45240) of this chapter applicable to their employer district. That petition shall read substantially as follows:
"We, the undersigned classified employees of the (name of school district), constituting 15 percent or more of the classified personnel entitled to vote, request the governing board to submit to election the question of whether or not the merit (civil service) system shall become applicable to this district.
NAME POSITION CLASSIFICATION"
"Classified employee," as used in this section, shall be construed to include all personnel who are a part of the classified service as defined in Section 45103.
(b) Within 120 days after receipt of the petition the governing board shall do all of the following:
(1) Obtain the services of competent and qualified persons to present the pros and cons of the issue. Notwithstanding this paragraph, the classified employees who submitted the petition may select the Person or persons to present the proponent position on the issue.
(2) Provide adequate and ample opportunity for all of its classified personnel to attend one or more meetings at which the issue is presented.
(3) Having complied with paragraphs (1) and (2), conduct an election by secret ballot of its classified personnel to determine whether or not they desire to make the merit system applicable to the district. The ballot shall read:
"Shall the merit (civil service) system for classified employees be applicable in the (name of school district)?
Although the ballot shall not require the employees' signatures or other personal identifying requirements, the governing board shall devise an identification system to ensure against fraud in the balloting process.
(4) The governing board shall appoint a three- or five-person tabulating committee, at least one member of which shall be a member of the governing board, to canvass the ballots and present the results to the governing board. If a simple majority votes in favor of the merit system, that system shall become applicable in the district.
(c) The tabulating committee required under this section shall certify the results of the election to the governing board at the next regular or special meeting of the board following the date the committee completes tabulation of the votes. If the tabulating committee completes the tabulation on the same day that the governing board meets in regular or special session, the committee shall certify the results of the election to the board at that meeting.
(Amended by Stats. 1991, Ch. 146, Sec. 1.)
Education Code 45103
Education Code 45240