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AB-2045 School district, county office of education, and community college district employees: personnel commissions: ranked groups.(2021-2022)



Current Version: 06/30/22 - Amended Senate

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AB2045:v97#DOCUMENT

Amended  IN  Senate  June 30, 2022
Amended  IN  Assembly  April 05, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 2045

Introduced by Assembly Member Jones-Sawyer

February 14, 2022

An act to amend Sections 45272 and 88091 of, and to add Sections 45272.5 and 88091.5 to, the Education Code, relating to classified employees.


LEGISLATIVE COUNSEL'S DIGEST


AB 2045, as amended, Jones-Sawyer. School district, county office of education, and community college district employees: personnel commissions: ranked groups.
Existing law provides for both the adoption and termination of a merit system in a school district or community college district by a majority vote of its classified employees or by a majority of the voting electors of the school district or community college district, as provided. Upon the filing of a petition for the adoption or for the termination of the merit system for classified employees of a school district or community college district, existing law requires the governing board of the district to perform specified activities in response, including activities related to presenting the pros and cons of the issue, providing opportunities for classified personnel to attend meetings, conducting an election by secret ballot, devising an identification system to ensure against fraud in the balloting process, forming a tabulation committee, and providing access to exclusive representatives within the school district, as provided.
Existing law requires all vacancies in the classified service of a school district, county office of education, or community college district that has adopted the merit system to be filled from applicants on eligibility lists that are made up, wherever practicable, from promotional examinations or by appointments made by means of transfer, demotion, reinstatement, or reemployment, as provided. Existing law requires the personnel commission to place applicants on the eligibility lists in the order of their relative merit as determined by competitive examinations. Existing law requires the final score of candidates to be rounded to the nearest whole percent. Existing law requires that if a vacancy is filled from applicants on an eligibility list, the appointment be made from the eligible candidates having the first 3 ranks on the list who are ready and willing to accept the position.
This bill would require, upon approval of an action of the personnel commission of the school district, county office of education, or community college district, the classified employees of the district or county office of education to hold an election to determine by majority vote if applicants should instead be placed on eligibility lists in ranked groups according to their relative merit as determined by competitive examinations. The bill would require the commission to provide public notice of the election, administer the election in a similar manner to the election for the adoption or termination of a merit system in a school district or community college district, as provided, and provided. The bill would prescribe the ballot language, as provided. To the extent the bill would impose additional duties on local educational entities, the bill would impose a state-mandated local program. In those districts and county offices of education that vote for the ranked group eligibility list procedure, the bill would require candidates’ final examination scores to be rounded to the nearest whole percent and assembled into 5 distinct groups with fixed percentage ranges, as provided. The bill would require all appointments to be made from the highest ranking group on an eligibility list, except when that group includes fewer than 5 persons who are ready and willing to accept the position, in which case an appointment would be made from combining the next highest group or groups to include at least 5 persons ready and willing to accept the position, or if there are fewer than 5 persons who are ready and willing to accept the position in all remaining groups, from those remaining persons. The bill would authorize an eligibility list with fewer than 3 viable candidates to be considered exhausted if the appointing authority requests additional eligible candidates be certified for hiring consideration.
This bill would, in those districts and county offices of education that adopted the ranked group eligibility list procedure and upon approval of an action of the personnel commission of the school district, county office of education, or community college district, require the classified employees of the district or county office of education to hold an election to determine if the district or county office of education should revert back to the individual ranking system, as provided. The bill would require the commission to provide public notice of the election, administer the election in a similar manner to the election for the adoption or termination of a merit system in a school district or community college district, as provided, and would prescribe the ballot language, as provided. To the extent the bill would impose additional duties on local educational entities, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 45272 of the Education Code is amended to read:

45272.
 (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 that, 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. The commission shall place applicants 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 shall 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 district, the commission may exempt one or more executive secretarial positions from the requirements of this section or Section 45272.5. Exemptions authorized under this subdivision shall be limited to executive secretarial positions reporting directly to members of the governing board, the district superintendent, or not more than four principal deputies of the district superintendent, or all of these positions.
(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 the person 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 specified by the district 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 the person previously occupied or, if that classification no longer exists, in a similar classification, as determined by the commission.
(3) Nothing contained in this section shall authorize the selection of eligible candidates in circumvention of the affirmative action programs of any school district.

SEC. 2.

 Section 45272.5 is added to the Education Code, to read:

45272.5.
 (a) (1) Upon approval of a commission action, the district’s classified employees shall hold an election to determine by majority vote if applicants shall be placed on eligibility lists in ranked groups according to their relative merit as determined by competitive examinations pursuant to subdivisions (b) to (d), inclusive, in lieu of the individual ranking system prescribed in subdivision (a) of Section 45272.

(2)The commission shall provide public notice of the election to the classified employees, governing board, exclusive representatives of the classified employees, and general public. This public notice shall indicate the time, date, and place classified employees may submit a ballot to determine whether or not the district shall adopt the procedures described in subdivisions (b) to (d), inclusive. The election shall be conducted in a manner that provides adequate and ample opportunity for all classified personnel to participate.

(2) The election described in paragraph (1) shall be conducted pursuant to the procedures outlined in subdivisions (b) to (e), inclusive, of Section 45221, except that “receipt of the petition” shall instead mean “approval of a commission action,” any references to the “merit (civil service) system” shall instead mean “ranked groups system,” any references to the “governing board of the school district” shall instead mean “personnel commission,” subdivision (d) of Section 45221 shall apply to any communications by interested parties in support or opposition, and the ballot shall read as described in paragraph (3) of this subdivision.
(3) The ballot shall read substantially as follows:
“Shall the merit (civil service) system for classified employees be modified as described in subdivisions (a) to (d), inclusive, of Section 45272.5 of the Education Code, in the ____ (name of district)?
____ Yes
____ No”
(b) The passing candidates’ final examination scores shall be rounded to the nearest whole percent and assembled into distinct groups with the following equivalent fixed ranges:
(1) Group 1: 95 percent to 100 percent.
(2) Group 2: 89 percent to 94 percent.
(3) Group 3: 83 percent to 88 percent.
(4) Group 4: 77 percent to 82 percent.
(5) Group 5: 76 percent or below.
(c) All appointments shall be made from the highest ranking group described in subdivision (b) of an eligibility list, except when that group includes fewer than five persons who are ready and willing to accept the position. When a group includes fewer than five persons who are ready and willing to accept the position, an appointment shall be made from combining the next highest group or groups to include at least five persons ready and willing to accept the position, or, if there are fewer than five persons who are ready and willing to accept the position in all remaining groups, from those remaining persons.
(d) An eligibility list with fewer than three viable candidates may be considered exhausted if the appointing authority requests additional eligible candidates be certified for hiring consideration.
(e) (1) In districts that have adopted the ranked group eligibility lists pursuant to subdivisions (a) to (d), inclusive, the district’s classified employees shall, upon approval of a commission action, hold an election to determine by majority vote if applicants shall be placed on eligibility lists pursuant to the individual ranking system prescribed in subdivision (a) of Section 45272.

(2)The commission shall provide public notice of the election to the classified employees, governing board, exclusive representatives of the classified employees, and general public. This public notice shall indicate the time, date, and place classified employees may submit a ballot to determine whether or not the district shall adopt the individual ranking system described in subdivision (a) of Section 45272. The election shall be conducted in a manner that provides adequate and ample opportunity for all classified personnel to participate.

(2) The election described in paragraph (1) shall be conducted pursuant to the procedures outlined in subdivisions (b) to (e), inclusive, of Section 45221, except that “receipt of the petition” shall instead mean “approval of a commission action,” any references to the “merit (civil service) system” shall instead mean “individual ranking system,” any references to the “governing board” shall instead mean “personnel commission,” subdivision (d) of Section 45221 shall apply to any communications by interested parties in support or opposition, and the ballot shall read as described in paragraph (3) of this subdivision.
(3) The ballot shall read substantially as follows:
“Shall the merit (civil service) system for classified employees be modified to include the individual ranking system described in subdivision (a) of Section 45272 of the Education Code, in lieu of the group eligibility lists described in subdivisions (b) to (d), inclusive, of Section 45272.5 of the Education Code, in the ____ (name of district)?
____ Yes
____ No”

SEC. 3.

 Section 88091 of the Education Code is amended to read:

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 that, 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 shall 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 or Section 88091.5. 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 the person 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 the person 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 or Section 88091.5. 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 the person 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 the person 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.

SEC. 4.

 Section 88091.5 is added to the Education Code, to read:

88091.5.
 (a) (1) Upon approval of a commission action, the district’s classified employees shall hold an election to determine by majority vote if applicants shall be placed on eligibility lists in ranked groups according to their relative merit as determined by competitive examinations pursuant to subdivisions (b) to (d), inclusive, in lieu of the individual ranking system prescribed in subdivision (a) of Section 88091.

(2)The commission shall provide public notice of the election to the classified employees, governing board, exclusive representatives of the classified employees, and general public. This public notice shall indicate the time, date, and place classified employees may submit a ballot to determine whether or not the district shall adopt the procedures described in subdivisions (b) to (d), inclusive. The election shall be conducted in a manner that provides adequate and ample opportunity for all classified personnel to participate.

(2) The election described in paragraph (1) shall be conducted pursuant to the procedures outlined in subdivisions (b) to (e), inclusive, of Section 88051, except that “receipt of the petition” shall instead mean “approval of a commission action,” any references to the “merit (civil service) system” shall instead mean “ranked groups system,” any references to the “governing board of the community college district” shall instead mean “personnel commission,” subdivision (d) of Section 88051 shall apply to any communications by interested parties in support or opposition, and the ballot shall read as described in paragraph (3) of this subdivision.
(3) The ballot shall read substantially as follows:
“Shall the merit (civil service) system for classified employees be modified as described in subdivisions (a) to (d), inclusive, of Section 88091.5 of the Education Code in the ____ (name of district)?
____ Yes
____ No”
(b) The passing candidates’ final examination scores shall be rounded to the nearest whole percent and assembled into distinct groups with the following equivalent fixed ranges:
(1) Group 1: 95 percent to 100 percent.
(2) Group 2: 89 percent to 94 percent.
(3) Group 3: 83 percent to 88 percent.
(4) Group 4: 77 percent to 82 percent.
(5) Group 5: 76 percent or below.
(c) All appointments shall be made from the highest ranking group described in subdivision (b) of an eligibility list, except when that group includes fewer than five persons who are ready and willing to accept the position. When a group includes fewer than five persons who are ready and willing to accept the position, an appointment shall be made from combining the next highest group or groups to include at least five persons ready and willing to accept the position, or, if there are fewer than five persons who are ready and willing to accept the position in all remaining groups, from those remaining persons.
(d) An eligibility list with fewer than three viable candidates may be considered exhausted if the appointing authority requests additional eligible candidates be certified for hiring consideration.
(e) (1) In districts that have adopted the ranked group eligibility lists pursuant to subdivisions (a) to (d), inclusive, the district’s classified employees shall, upon approval of a commission action, hold an election to determine by majority vote if applicants shall be placed on eligibility lists pursuant to the individual ranking system prescribed in subdivision (a) of Section 88091.

(2)The commission shall provide public notice of the election to the classified employees, governing board, exclusive representatives of the classified employees, and general public. This public notice shall indicate the time, date, and place classified employees may submit a ballot to determine whether or not the district shall adopt the individual ranking system described in subdivision (a) of Section 88091. The election shall be conducted in a manner that provides adequate and ample opportunity for all classified personnel to participate.

(2) The election described in paragraph (1) shall be conducted pursuant to the procedures outlined in subdivisions (b) to (e), inclusive, of Section 88051, except that “receipt of the petition” shall instead mean “approval of a commission action,” any references to the “merit (civil service) system” shall instead mean “individual ranking system,” any references to the “governing board of the community college district” shall instead mean “personnel commission,” subdivision (d) of Section 88051 shall apply to any communications by interested parties in support or opposition, and the ballot shall read as described in paragraph (3) of this subdivision.
(3) The ballot shall read substantially as follows:
“Shall the merit (civil service) system for classified employees be modified to include the individual ranking system as described in subdivision (a) of Section 88091 of the Education Code, in lieu of the group eligibility lists described in subdivisions (b) to (d), inclusive, of Section 88091.5 of the Education Code, in the ____ (name of district)?
____ Yes
____ No”

SEC. 5.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.