Section 88138 - Termination of merit system(a) A merit (civil service) system within a community college district may be terminated by one of the following methods: (1)(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 governing board of the community college district calling for the termination of the merit (civil service) system and the system has been in operation for not less than five years, the governing board of the community college district 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.(B) 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)?"
(C) The petition calling for the election, to be valid, shall contain the statement of purpose for the election as contained in this section.(2)(A) 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 of the community college district 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 community college 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)?"(B) 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.(C) In order to be valid, the petition calling for the termination of the merit (civil service) system shall 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 of the community college district.(D) If the merit system was adopted pursuant to Section 88057, classified employees entitled to vote in an election pursuant to this paragraph shall be limited to those classified employees who reside in the district.(E) The governing board of a community college district shall devise an identification system designed to protect against fraud in the balloting process while also ensuring the secrecy of the ballot. In addition, the governing board of the community college district 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 designated by the largest exclusive representative of classified employees within 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 of the community college district at the next regular meeting of the governing board of the community college district following the completion of the tabulation of the election results by the committee. No representative of the community college district shall make any marks upon the ballot envelope or ballot of any employee, except that the tabulation committee may adopt a system of uniformly stamping in a consistent manner and in the same location on all ballots received or all ballots counted, or both of those, to help ensure an accurate count.(F) Notwithstanding any other 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 this paragraph. The governing board of the community college district shall not conduct an election under this paragraph more than once in any two-year period.(G) 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 before the conducting of an election called pursuant to this paragraph. 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.(b) If the community college district communicates with classified employees in favor of terminating the merit (civil service) system, it shall provide at least equal time and equal access to any exclusive representative of classified employees within the community college district to communicate against terminating that system. Nothing in this chapter shall be construed as limiting the rights of an exclusive representative under the Educational Employment Relations Act (Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code) for access to communicate its position on terminating the system.(c)(1) 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.(2) Notwithstanding paragraph (1) or any other law, all election procedures not specified above for an election pursuant to this section shall be within the scope of representation of an exclusive representative under Section 3543.2 of the Government Code, including the rules for campaigning, the election date, time, and place, translation of the ballot, electioneering near the polls, and balloting methods.Amended by Stats 2021 ch 88 (AB 289),s 4, eff. 1/1/2022.Amended by Stats. 1992, Ch. 443, Sec. 2. Effective January 1, 1993.