LA HABRA CITY SCHOOL DISTRICT

PERSONNEL COMMISSION RULES

Personnel Commissioners

Sharon Brown, Chairperson

Faye Ross, Vice Chairperson

Louise Gant, Member

Personnel Director

Carol Argomaniz La Habra Personnel Commission was established in July 1966. These rules amended, updated, and approved by the Personnel Commission January 4, 2000. Cover Page Updated: 1/2019

LA HABRA CITY SCHOOL DISTRICT

PERSONNEL COMMISSION RULES

TABLE OF CONTENTS

Rule I - Definition & Preliminary Statement Definitions 1 Preliminary Statement 7 Interpretation & Application of Rules 7 Judicial Review 7 Effect of Data Contained in Addendum to Rules 7

Rule II - The Personnel Commission The Commission 8 Meetings 9 Power of Personnel Commission to Prescribe and Amend Rules 10 Commission Employees 11 Communications to the Commission 11 Budget 12 Annual Report 12

Rule III - Position Classification Plan The Classified Service 13 General Classification Rules 15 Reclassification 19 Assigned Time Changes 21 Time Limit for Working Out of Classification 22 Extra Pay Differential 22

Rule IV - Application and Examinations Application for Employment 23 Examinations 25

Rule V - Employment Lists Eligibility Lists 30 Certification from Employment Lists 32 Duties of Eligibles 35 Provisional Appointments 36

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Rule VI - Employment Status and Transactions

Probationary Period 40 Changes in Position and Class 41 Assignments of Handicapped Employees 44 Performance Evaluations 45 Leaves of Absence 46 Layoff 54 Miscellaneous 57 Resignations 57 Disciplinary Action and Appeal 58

Rule VII - Wage and Salary Provisions Work Periods and Overtime 63 Application of Salary Schedule 64 Holiday Pay 65 Determination of Salary Schedules 67 Benefits for Part time Employees 69 Summer Session Appointments 69

Rule VIII - Miscellaneous Provisions Procedure for Complaints (Grievances) 71 Employer/Employee Relations 73 Political Activity 74

New Employee Clearance 75

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FORWARD THE RULES AND REGULATIONS FOR THE CLASSIFIED SERVICE are those developed and adopted with the law by the Personnel Commission of the La Habra City School District. These rules govern the terms and conditions of employment not covered in the current labor contract for the classified employees of the District. The goal of the Merit system is to achieve a classified service of the highest possible quality from the available work force within the geographical confines of a recruitment area. In this regard, all individuals therein must be allowed to compete on equal terms for classified service employment. Accordingly, the California Education Code, Section 45293, specifically prohibits discrimination in appointments based upon political or religious opinions or affiliations, race, color, national origin or ancestry, sex or marital status. The Board of Trustees and the Personnel Commission of the La Habra City School District subscribe to the above goals and principles in serving our schools and community and in providing fair and equitable treatment to all candidates and employees of the classified service.

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RULE I

DEFINITIONS AND PRELIMINARY STATEMENT

ARTICLE I - GENERAL DEFINITIONS Unless otherwise required by contest and/or prevailing law, words used in these rules are understood to have the following meaning: Act - (Or The Act) shall mean those sections of the Education Code of the State of California applying the Merit System to classified employees in certain school districts. It shall include all the provisions of Article V, Chapter 3, of Chapter 1, and Articles I to IV, Chapter 3, Division 10. Affirmative Action - Positive steps taken by an employer to ensure equal employment opportunity to applicants from all segments of the work force population. Allocation - The official placing of a position in a given class and the assignment of the class title to the position. Anniversary Date - The date upon which an employee is granted salary step advancement earned by completion of a required period of service. Appeal - A request to a higher authority to review, reverse, or modify a disputed matter. Applicant - A person who has filed an application to take a Merit System examination. Appointing Authority or Power - The Board of Education of the La Habra City School District, or such person or persons as the Board may designate to act for the Board on appointments. Appointment - The official act of the appointing authority in approving the employment of a person. Bench Mark - A common, easily identifiable job category for which salary data is obtained. Salaries for other positions in the particular occupational group may be set according to the relationship of each class to the bench mark. Board - For the purpose of these Rules and Articles, the following names shall be synonymous: Board of Education, Board of Trustees, and Governing Board. Candidate - A person who has competed in one or more portions of a merit system examination.

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Certification - The submission by the Commission of the names of eligibles from an appropriate eligibility list or from other sources of eligibility to the appointing power or to the department which selects employees prior to the approval of the appointing authority. Class - A group of positions sufficiently similar in duties and responsibilities that the same descriptive title may be used to designate each position allocated to the class. Substantially the same requirements of education, experience, knowledge and ability are demanded of incumbents; the same tests of fitness may be used in choosing qualified appointees; and the same salary range may be applied with equity. Class Specifications - A formal statement of the duties and responsibilities of the position in the class illustrated by examples of typical tasks, and of the qualification requirements of the positions in the class. Defined as a group of positions, a class may consist of just one position when no equivalent positions exist in the service. Classified Employee - An employee not required by law to possess credentials issued by the State Department of Education. Classified Service - All positions in the District's service to which The Act applies and which are not excepted by the Act. Commission - The Personnel Commission established under The Act for the La Habra City School District. (Established, July, 1966.) Compensation - The salary, wage allowance, and all other forms of valuable considerations to which an employee is entitled by reason of service in any position. Continuous Examination - A method of recruiting applicants in which the last day for filing applications is not specified and examinations are conducted from time to time as the needs of the service require and there are sufficient applications on file for the class. Demotion - A change of assignment of an employee from a position in one class to a position in another class that is allocated to a lower maximum salary rate. Disabled Veteran - Any Veteran, as defined in Section 45294 of the Education Code, who is currently declared by the United States Veterans Administration to be ten percent (10%) or more disabled as a result of service in the Armed Forces. Proof of disability shall be deemed conclusive if it is of record in the United States Veterans Administration. Discharge or Dismissal - Separation from service for cause. District - The La Habra City School District.

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Dual Certification - A special procedure which provides for certification in specified classes, from an open list while a promotional list exists. Eligible - Legally qualified to be appointed; a person whose name appears on an eligibility list. Eligibility List - A list of the names of persons who have qualified in a competitive examination. Emergency Appointment - An appointment for a period not to exceed fifteen (15) working days to prevent the stoppage of public business when persons on eligibility lists are not immediately available. Employee - A person who is legally an incumbent of a position or who is on authorized leave of absence. Employment List - A list of names from which certification may be made. (Includes eligibility lists, reemployment lists, and lists of persons who wish to transfer, demote, be reinstated or reemployed after resignation, or be restored after voluntary demotion or reduction to limited-term status.) Examination - The process of testing and evaluating the fitness and qualifications of applicants. Exempt Groups - Those positions exempt from classified service by provisions in the Education Code. Fringe Benefits - Term used to encompass items such as vacations, holidays, insurance, medical coverage, pensions, and other similar conditions that are given to an employee in addition to direct wages. Full Time - A position or an employee engaged by the District for a period of forty (40) hours per week on a monthly basis for periods of ten (10), eleven (11), or twelve (12) months. Governing Board - The Board of Education of the La Habra City School District. Grievance - A complaint. Group - A number of classes related in duties and responsibilities as set forth in the list of classes approved by the Personnel Commission. Hearing - The actual presentation of evidence, usually concerning an appeal from a disciplinary action. Hearing Officer - A qualified person employed to hear and make recommendations on appeals from disciplinary action. Immediate Family - Mother, father, grandmother, grandfather, or a grandchild of the employee or of the spouse of the employee, and the spouse, son, son-in-law, daughter, daughter-in-law, brother, brother-in-law, sister, or sister-in-law of the employee, or any relative living in the immediate household of the employee.

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Immediate Supervisor - A person occupying a position in a higher classification who assigns, checks and/or supervises the work of a given employee. Immigration Requirement - Eligibles hired for provisional, limited term, substitute, or permanent positions must be U.S. Citizens or possess appropriate documents approved by the Immigration and Naturalization Service which allows them to provide service to a public agency. Documentation must be presented to the Personnel Office within thirty-six (36) hours after acceptance of assignment, and prior to the first day of employment. Insubordination - Willful failure of an employee to comply with a responsible directive from the department supervisor, or any act which indicates unwillingness to accept the authority of a supervisor. Layoff - Separation from a permanent position due to lack of work or lack of funds, or because the position has been abolished or reclassified, or because an employee has exhausted all leave privileges after illness or injury. Limited Term - A term used in the Education Code to designate employment of an eligible for periods not to exceed six months or employment of a temporary employee during the authorized absence of a permanent employee. Limited Term Employee - An employee who is serving in a provisional appointment, or as a substitute for a regular employee, or in a position established for a limited period of less than six (6) months. Longevity Pay - Additional percentages added to the wages of the employee based on length of service as set forth in the Contract. Loyalty Oath - A statement required of each new employee concerning support of the United States and California Constitutions, required by State Law and local Board Rules. Performance Evaluation - The supervisor's periodic, official evaluation of an employee's performance. Permanent Employee - In reference to District employment status, an employee who has completed an initial probationary period in the classified service. In reference to employment status in a specific class, an employee who has completed a probationary period for that class, or who entered the class by transfer, demotion, or reinstatement/reemployment without serving a probationary period. Permanent Position - A position established for a continuing and indefinite or unlimited period of time for a fixed period in excess of six (6) months. Position - A group of duties and responsibilities assigned by competent authority requiring the full or part time employment of one person on a permanent or limited term basis. A position can only be established by action of the Board of Education.

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Probationary Period - The trial period of six (6) months immediately following an original or promotional appointment to a permanent position from an eligibility list. Promotional List - An eligibility list resulting from a promotional examination limited to qualified employees of the District. Provisional Appointment - A temporary appointment made in the absence of an appropriate eligibility list, not to exceed ninety (90) working days except in specified circumstances. Provisional Employee - An employee employed under a provisional appointment. Reclassification - The reassignment of a position, whether filled or vacant, from one class to another, whether new or existing, because of significant changes in class title, minimum qualifications, duties or responsibilities. Reclassification may occur only through gradual accretion of duties and may or may not be accomplished by a change in salary range allocation. Reemployment - Reappointment to duty of an employee who has been laid off. Reemployment List - A list of names of persons who have been laid off from permanent positions by reasons of lack of work; lack of funds; abolishment or reclassification of position; or other reasons specified in these rules, and who are eligible for reemployment without examination in their right to reemployment. Regular Employee - An employee who has probationary or permanent status. Reinstatement - A reappointment, after resignation, in regular or limited term status, without examination, to a position in the employee's former class, or in a lower related class. Restoration - Includes "reemployment", also the reassignment to duty of an employee to the same class and status held prior to resignation. Also, the reassignment of an employee who had demoted to a former class or to a related class, or after reduction to a limited-term status, to permanent status. Restricted Employee - Specifically refers to Education Code Section 45105, Subsection (b) 1, 2, 3, 4. These employees shall be classified employees for all intents and purposes except; (a) they shall not be accorded permanency; (b) they shall not acquire seniority credit; (c) they shall not be eligible for promotion unless provisions have been met. Restricted Position - Any position which is funded specifically by the District in accordance with Education Code 45105. Salary Step - A specific location in a salary range, not the dollar amount. (Note: The salary range applicable to a class may change without the step placements rights of employees.)

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Salary Rate - A specified amount of money paid for a specified period of service; i.e. dollars per hour, dollars per month. Seniority - Length of service. Separation - Leaving a position; includes resignation, dismissal, layoff, retirement, etc. Series - A number of classes closely related in occupational hierarchy and arranged on a list in order to indicate occupational levels in a group. Status - Tenure which is acquired in a classification by reason of examination, certification from eligibility lists, election or appointment by the appointing power, and the successful completion of the probationary period. Substitute Employee - An employee occupying a permanent position during the absence of the incumbent. Superintendent - The Superintendent of the La Habra City School District or those persons to whom authority is delegated to take specific actions referred to in these rules. Suspension - An enforced absence of an employee without pay for disciplinary purposes or pending investigation of charges made against an employee. Temporary Employment - Employment on a basis other than permanent or probationary; i.e. in limited-term or provisional status. Transfer - The reassignment of an employee without examination from one position to another position in the same class or to a position in a similar or related class with the same salary step. Unclassified Service - All positions and employees not in the classified or noncertificated service; i.e., those exempt by law. (See Education Code Section 45256.) Veteran - A person who has served in the United States Army, Navy, Marine Corps, Air Force or Coast Guard in time of war or national emergency declared by the President of the United States of America, and who has been discharged under conditions other than dishonorable, proof of which shall be submitted at the time of testing. Veteran's Credit - Five additional points added to a passing score in entrance examinations for military or related service rendered during the time of war or national emergency. An additional five points is added for disabled veterans. Work Days - Any day of work regularly scheduled for an employee.

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ARTICLE II - PRELIMINARY STATEMENT A. Statutory Authority for These Rules The rules contained herein are established pursuant to the authority of the Personnel Commission

under Education Code Sections 45260, 45261 and other provisions governing the Merit System Act in the Education Code. It is recognized that certain of these rules venture into substantive matters within the prerogative of the Governing Board; for that reason, the initially adopted set of rules and regulations will be submitted to the Governing Board for its approval.

B. Policy of Commission Regarding Rules It shall be the policy of the Commission to submit all new rules or amendments or deletions of

existing rules to the Governing Board when the rules obviously require Board approval, and/or it is difficult to define a division of Commission and Board authority regarding the rule in question. In such cases, the rule in question will not become effective until it has been approved by the Governing Board.

ARTICLE III - INTERPRETATION AND APPLICATION OF RULES The Commission recognizes that no set of rules can contemplate all possible combinations of circumstances affecting particular cases. The rules are to be applied with consideration of their intent; however, specific applicable provisions of the rules shall not be waived, ignored, or superseded because of the special circumstances of particular cases. The Commission is open to responsible suggestions to amend the rules with prospective application; however, no rule, amendment or new rule shall have retroactive applicability. ARTICLE IV - JUDICIAL REVIEW If judicial review or a change in law invalidates any portion of these rules, such finding or amendment shall not affect the validity of other rules or provisions. ARTICLE V - EFFECT OF DATA CONTAINED IN ADDENDUM TO RULES The salary schedule and related data, class placement on the salary schedule, a classification plan, job descriptions, and other written material contained in the addendum to these rules are to be interpreted as having the same force and effect as Commission Rules.

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RULE II

THE PERSONNEL COMMISSION ARTICLE I - THE COMMISSION The Commission shall have jurisdiction over and responsibility for the following: Adoption of the necessary rules and regulations for the administration of a comprehensive Merit System; establishment of general policy and maintenance of general supervision over the administration of the Merit System; approval of the preparation of a classification and compensation plan; the preparation and conduct of merit system examinations and such other technical personnel services as required; promotion of public understanding of the Merit System; provide for the hearing of all personnel appeals; review personnel operations and take any action necessary to enforce the provisions of these rules; and to adopt an annual budget. A. Qualifications for Membership To be eligible for appointment or reappointment to the Commission a person shall: (a) be a

registered voter and resident within the territorial jurisdiction of the school district and (b) be a known adherent to the principles of the Merit System. No member of the governing board of any school district or a county board of education shall be eligible for appointment, reappointment, or continuance as a member of the Commission. During the term of service a member of the Commission shall not be an employee of the school district.

B. Appointment of Commission Members One member of the Commission shall be appointed by the Governing Board of the District; one

member nominated by the classified employees of the District who shall be appointed by the Governing Board of the District. These two (2) members shall in turn appoint the third member of the Commission.

C. Terms By law, the terms of each Commissioner is for three years and expires at noon, December 1. The

term of one Commissioner expires each year. On or about September 1 of each year, the Personnel Director shall notify the Board of Education of the name and home address of the commissioner whose term will expire, and whether or not reappointment will be accepted. The notification shall also list the appointing authority and indicate that the Board must follow the provisions of Education Code Section 45247.

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D. Officers

At the first meeting following December 1 of each year the Commission shall elect one of its members as Chairperson and another as Vice Chairperson to serve a term of one year, or until their successors are duly elected.

ARTICLE II - MEETINGS The regular meetings shall be held at times and places determined by the Commission. Special meetings may be called by the Chairperson upon written request of two members of the Commission. Regular meetings will be held on the date designated at the previous meeting. Special and emergency meetings may be held, following the above rules and allowing the administration and employees forty-eight (48) hours notice prior to such meeting. All regular and special meetings of the Commission shall be open and public and all persons shall be permitted to attend any meetings of the Commission except closed session portion of the meetings. A. Closed Sessions The Commission may hold closed sessions to consider administrative matters of its own staff;

employment or dismissal of any employee; hear complaints brought against such employee - unless such employee requests a public hearing; or consider matters as set forth in the Government Code.

B. Quorum and Majority Two members shall constitute a quorum for any regular or special meeting of the Commission.

The affirmative vote of two (2) members shall be necessary to make any action of the Commission effective.

C. Governing Rules "Robert's Rules of Order Newly Revised" shall be the guiding authority for business at all

Commission meetings. Exceptions must be specifically stated in these rules and regulations. 1. Exception to Governing Rules A motion made by a member at any Commission meeting shall not require a second in

order to be placed in consideration before the Commission and enrolled in the minutes. When so adjourned the meeting is a regular meeting for all purposes. When an order of adjournment of a regular (or adjourned) meeting fails to state the hour at which the meeting is to be held it shall be held at the hour designated for regular meetings.

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D. Agenda and Supporting Data Insofar as possible, at least forty-eight (48) hours prior to every regular meeting or twenty-four

(24) hours prior to every special commission meeting, the agenda shall be provided the designated representatives or all employee organizations representing the District classified employees. When practical, supporting data will be furnished in advance. The agenda will also be posted on the Commission's official bulletin board and distributed to news media if so requested.

E. Minutes of Commission Meetings The Personnel Director shall record in the minutes the time and place of each meeting, the names

of the Commissioners present, all official acts of the Commission, and the votes of the Commissioners. When requested, a Commissioner's dissent or approval and the reasons shall also be recorded. The minutes shall be written and presented for correction and approval at the next regular meeting. The minutes or a true copy thereof shall be open to public inspection. Copies of the official minutes shall be distributed to recognized employee organizations' representatives when requested.

ARTICLE III - POWER OF PERSONNEL COMMISSION TO PRESCRIBE AND AMEND RULES The Commission shall prescribe and amend such rules as may be necessary to ensure the efficiency of the service and the selection and retention of employees upon a basis of merit and fitness. The rules shall be binding upon the Governing Board. All proposals, from any source, to amend, delete, or add to these rules will be considered a "first reading" at the meeting in which they are first presented to the Commission. They will not, unless a critical emergency exists, be acted upon at that meeting. At the "first reading" the Commission will set a date for action on the proposal; said date will not be less than two (2) weeks later. The Personnel Director shall also be instructed to refer the proposal to interested persons or organizations representing employee groups for comment and recommendation. Insofar as possible, interested parties shall submit their reactions to proposals in writing on or before the stipulated agenda deadline date and shall have the right to present reactions to the Commission at the appropriate Commission meeting.

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ARTICLE IV - COMMISSION EMPLOYEES A. Appointment of Personnel Director The Commission shall appoint a Personnel Director from an eligibility list established from a

competitive examination given under the auspices of the Commission. (Education Code 45264.) 1. General Duties of the Personnel Director The Personnel Director shall perform all of the duties and carry out all of the functions

osed by the law and these rules. The Director shall act as secretary to the Commission and shall issue The Personnel Director shall conduct classification, salary, and rules studies and shall make such other investigations as directed by the Commission or as deemed necessary.

In cases where two (2) or more rules appear to be in conflict, or when no rule provides a

clear cut answer to a problem, the matter shall be decided by the Personnel Director subject to appeal to the Commission.

The Personnel Director shall hold examinations when needed to fill vacancies which occur

prior to a Personnel Commission meeting. Such call for examinations must be reported to the Commission at its next regular meeting.

B. Status of Commission Employees The Personnel Director and other persons required to carry out the responsibilities of the

Commission shall be employees of the Personnel Commission. However, they shall be considered part of the classified service and the rules, procedures, benefits, and burdens pertinent to the classified service shall apply to Commission employees, except as the Commission may specifically direct.

ARTICLE V - COMMUNICATIONS TO THE COMMISSION Communications and requests shall, insofar as practicable, be in writing. Communications and requests shall be acknowledged and responded to noting official Commission action when appropriate. Individuals or groups who wish to present proposals for action by the Commission shall be encouraged to present them to the Personnel Director for placement on the Commission meeting agenda. It is against the policy of the Commission to take up proposals except at an open meeting, although the Commission may designate one of its members to investigate a specific subject.

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ARTICLE VI - BUDGET The Personnel Director shall prepare and submit to the Commission a proposed budget for the Commission for the next ensuing fiscal year. Copies of the proposed budget shall be forwarded to the Board of Education with an invitation for the Board and District administration representatives to attend and present their views at a public hearing by the Commission at a date agreed upon between the Governing Board and the Personnel Commission to coincide with the process of adoption of the school district budget. The Commission shall fully consider the views of the Board of Education prior to adoption of its proposed budget. The Commission shall then forward its proposed budget to the County Superintendent of Schools for action. The County Superintendent may reject, but may not amend the proposed budget. In the absence of agreement between the Personnel Commission and the County Superintendent, the budget of the preceding year shall determine the amount of the new budget, and the items of expenditure shall be determined by the Commission. ARTICLE VII - ANNUAL REPORT The Personnel Director shall prepare, as required by Education Code Section 45266, an annual report of Commission activities. When approved by the Commission the annual report shall be submitted to the Board of Education. The report shall be prepared for Commission approval as soon after each fiscal year as possible, and no later than a meeting in November. This report shall cover Commission activities of the preceding fiscal year.

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RULE III

POSITION CLASSIFICATION PLAN ARTICLE I - THE CLASSIFIED SERVICE A. Positions Included All positions established by the Board of Education which are not exempt from the

classified service by law shall be a part of the classified service. All employees serving in classified positions shall be considered classified employees.

B. Exemption from the Classified Service Generally, positions required by law to have certification qualifications, part time

playground positions, full time day students employed part time, apprentices, and professional experts employed on a temporary basis for a specific project by the Board of Education or by the Commission when so designated by the Commission, shall be exempt from the classified service. (Education Code Section 45236.)

C. Part Time Defined A part time position, for the purpose indicated in the exemption rule, is one for

which the assigned time, when computed on an hourly, daily, weekly, or monthly basis is less than eighty-seven and one half percent (87-1/2%) of the normally assigned time of the majority of employees in the classified service. (Full time positions are considered to be those positions of six (6) hours or more per day for the purposed of health benefits.)

D. Effect of Exemption Any position or employee lawfully exempted from the classified service shall be

excluded from the benefits and burdens imposed by these rules, except as provided by law or the Board of Education.

E. Professional Expert Assignments When a professional expert assignment is to be made, the administration shall

submit to the Personnel Director a description of the project, its duration, and the duties to be performed. Professional expert assignments shall not be made to avoid

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payment of overtime to the assigned employee, nor shall a limited term position be filled by a professional expert assignment if the duties and responsibilities fit an existing class for which a re-employment or eligibility list exists. When the person is known who is to be appointed as a professional expert, the name and data relative to qualifications shall be submitted to the Personnel Director. In order to be exempted from the classified service as a professional expert, an individual must be recognized as such by reputable members of that profession. Evidence of professional qualifications must be presented to the Commission at the time the written request for temporary appointment is made.

F. "Restricted" Classified Employees If the Governing Board establishes positions in the classified service that are

specially funded and, as a result of the special funding provisions, employment is restricted to persons in low income groups, from designated impoverished areas, or other criteria which precludes employment through the normal competitive process, the positions shall, in addition to the assigned title, be designated as "restricted".

Persons employed in "restricted" positions shall be classified employees for all

purposes except: 1. They may not attain permanent status. 2. They shall not be accorded seniority rights. 3. They may not serve as provisional employees.

4. They are not eligible to compete in promotional examinations in the regular classified service.

Employees serving in "restricted" positions shall, after completion of six (6)

months of satisfactory service, take the next competitive examination that is given for the class in which they are serving. If an employee successfully completes the examination and attains placement on the eligibility list, as a result thereof, and regardless of numerical standing on the eligibility list, the employee shall be considered a part of the regular classified service and may continue to serve in a restricted position, and be accorded full rights, benefits, and burdens of a regular classified employee. Seniority rights shall be counted as of the date of initial appointment to the restricted position.

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Restricted employees are not exempt from the provisions of the State Education Code which set forth the physical and moral standards required of all school employees.

G. Temporary Special Circumstance Assignments The Commission recognizes that on occasion, due to “special circumstances” (required special training for an assignment, most specifically in dealing with students requiring Special Education where regular position assignments do no meet their needs, a person may be temporarily assigned to a “Special Circumstance” assignment. Employees hired under this category shall be considered “temporary” - with the assignment made for a specific need. Employees so assigned shall not gain seniority in this classification. Each assignment to be reviewed individually by the Board of Education and Personnel Commission, with placement on the salary schedule as appropriate with family of like positions.

ARTICLE II - GENERAL CLASSIFICATION RULES A. Assignment of Duties

The Board of Education shall prescribe the duties and responsibilities of all positions in the classified service except those on the Personnel Commission Staff. When the duties being performed by an employee are found to be inconsistent with the duties officially assigned to the position, the Personnel Director shall report the facts to the responsible administrator in order that appropriate action may be taken.

B. General Nature of the Classification Plan The Personnel Commission shall establish and maintain a plan of classification for

all positions in the classified service. Classes will be placed in groups according to general occupational nature, and within groups, shall be listed in series by specific occupation. The plan shall indicate the class(es) in each series which are usually filled by open competitive examination. Those classes not so designated shall be considered as "promotional classes" provided that the Personnel Commission shall decide, when it orders an examination, whether the examination shall be open, promotional, or a combination thereof. The list of classes shall contain designation of the salary rate or range applicable to each class.

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C. Class Specifications For each class of positions, as initially established or subsequently approved by the

Commission, there shall be established and maintained a class specification which shall include:

1. The official class title.

2. A definition of the class, including the type of duties and

responsibilities and placement within the organizational scheme.

3. A statement of typical tasks to be performed by persons holding positions allocated to the class.

4. A statement of the minimum qualifications for service in the class. The minimum qualifications may include education, experience, knowledge, skills, abilities, and personal and physical traits and characteristics.

5. A statement of distinguishing characteristics which differentiates

the class from other related or similar classes.

6. License or other special requirements for employment or service in the class.

7. Any additional qualifications considered so desirable that any

person considered for employment who possess them may be given additional credit in the evaluation of said qualifications, even though such additional qualifications are not a prerequisite to consideration of employment.

8. Minimum qualifications may never require a teaching,

administrative, or other credential, nor may they require work experience which essentially would restrict applicants to credential holders. Titles may not be assigned that would restrict competition to holders of credentials.

D. Interpretation of Class Specifications The class specifications and their various parts are hereby declared to have the

following force and effect:

1. In determining the class to which any position shall be allocated, the specifications for each class are considered as a whole.

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2. Each class specification is construed in its proper relationship to other class specifications.

3. The class title shall be used with the meaning set forth in the

remainder of the specifications.

4. The definition and typical tasks are descriptive and explanatory and not restrictive. They indicate the kinds of positions that should be allocated to their respective classes as determinedly their duties, responsibilities, and qualification requirements and do not prescribe what these details, in respect to any position shall be.

5. Qualifications commonly required of the incumbents or all

positions; such as good physical condition, freedom from disabling effects, honesty, sobriety, industry, even though not specifically mentioned in the specifications, are implied in the qualification requirements.

6. The statement of qualification requirements when considered with

other parts of the specification, is to be used as a guide in the announcement and preparation of examinations and in the evaluation of the qualifications of applicants seeking appointments to positions allocated to the class but does not require particular form or content of examination or examining procedure.

E. Allocation of Positions to Classes All positions substantially similar as to the duties performed and the

responsibilities exercised by the incumbents of such positions as to their qualification requirements shall be allocated to the same class.

F. Changes in Duties of Positions Any substantial changes in the duties of existing positions shall be promptly

reported in writing by the appointing authority to the Personnel Director, who shall determine whether the positions should be allocated to different classes. The Commission shall be notified of the allocation or of the reasons for not changing the allocation.

G. Working Out of Classification When an employee is working out of classification, the fact shall be reported to the

Personnel Director, who shall investigate and report to the Personnel Commission.

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After review, the Commission shall take such action as necessary based upon the facts. This rule shall not be construed as permitting an employee to refuse to perform duties legally assigned by competent authority.

H. Review of Positions The Personnel Director shall review the duties and responsibilities of positions as

necessary to determine their proper classification and shall cause all positions to be reviewed at least once every two years. If the Director finds that a position or positions should be reclassified, the administration shall be advised of said findings. When the administration verifies the duties of the position, the Director shall report the findings and recommendations to the Commission and shall also report such findings in cases where a review indicates that no change in classification is necessary.

I. Creating of New Positions When the Board creates a new position, it shall submit to the Personnel Director, in

writing, the duties officially assigned to the position. The Board may recommend minimum educational and work experience requirements for the position. The Personnel Director shall present recommendations to the Commission which shall:

1. Classify the position and determine whether the position should be allocated to an existing class or to a new class.

2. Set forth the minimum recommended qualifications and those

recommended by the Board, if any. The minimum qualifications approved by the Commission must reasonably relate to the duties assigned the position by the Board.

3. Designate the proper salary placement, if a new class is established. 4. Notify the Board of its action.

J. Positions Requiring Multiple Language The Board of Education may, with the approval of the Commission, designate

positions within a class which require the holder of the position to speak, read, and write a language in addition to English.

The Board must clearly set forth valid reasons for placing language requirementson

position. An announcement calling for an examination for a class with positions(s)

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containing language requirements will contain appropriate information and will indicate that successful candidates possessing the language requirements will be given preference over other successful candidates, but only as to those specific positions.

When a vacancy occurs in a position which has approved language requirements,

the Board will notify the Commission that the need for language requirements continues to be a part of the position.

If a request from the Board to designate a position for language requirements is

challenged, the Commission shall cause a proper investigation to be made and shall consider the findings and all other pertinent data presented by any concerned and responsible source prior to taking final action on the request.

ARTICLE III - RECLASSIFICATION A. Requests for Study Requests for classification studies of existing positions shall be presented to the

Personnel Director together with a statement of the reasons for requesting the study. Requests for studies may be initiated by the administration, with the approval of the Superintendent, or by any employee or employee organization. Requests initiated by the administration shall be accompanied by a statement of the current authorized duties of the position(s) and any prospective changes.

B. Effective Date of Reclassification

Reclassification of a position shall become effective on the date prescribed by the Commission and shall not have retroactive effect. Effective dates may be set sufficiently in the future to allow time for examinations to be completed, but for not more than three (3) months.

C. Effects on Incumbents For an employee to be reclassified upward with a position, the reclassification must

have been occasioned by a gradual accretion of duties and not by a sudden change resulting from reorganization or duty changes by the Board. The Commission shall decide at the time the reclassification occurs as to whether the reclassification meets this rule.

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Incumbents of a position who have been in a class for two (2) or more years, will be granted status in a higher class without further competitive examination provided the last two (2) performance reports of the incumbent on file in the personnel office have been satisfactory. Incumbents granted status pursuant to this paragraph shall be granted all the rights and benefits in the higher class which were attained in the lower class.

An employee who has been reclassified upward shall be ineligible to again be

reclassified upward until at least three (3) years has lapsed from the last upward reclassification.

When a position or group of positions is reclassified to a class with an equal or

lower wage or salary range, an incumbent shall have the following rights:

1. The right to bump the employee in the same class with the lowest seniority in the class, provided that the incumbent has greater seniority in the class.

2. The right to bump the employee with the least seniority in any equal or lower class in which the incumbent formerly served, provided the employee had greater seniority in that class.

3. The right to be demoted or to transfer, with examination, to the class to

which the position is reclassified. The employee may choose to transfer, demote, or exercise the bumping rights option, and that choice shall not affect the rights of reemployment for displaced incumbents.

D. Reemployment List for Displaced Any displacement of a regular employee resulting from a reclassification of a

position, appropriate reemployment list will be established in accordance with these rules.

This rule shall be followed in all instances of reclassification whether it results in

upgrading, downgrading, lateral class movement, bumping, or complete displacement of incumbents.

E. Announcement of Reclassification Plan The Personnel Commission shall notify the Board of Education and the exclusive

bargaining representative of any position classification or reclassification plan prior to adoption.

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ARTICLE IV - ASSIGNED TIME CHANGES A. Increases in Assigned Time When a class contains permanent positions, with benefits, of varying hours beyond

six (6) hours per day, preference in assignment, to vacant positions shall be based on seniority in the class. When an existing position is assigned increased hours on a permanent basis and becomes a position of six (6) or more hours per day and includes fringe benefits, the increased position shall be considered “vacant”. If the class has a single position, (without fringe benefits) and the employee wishes to move into that position the procedure is as follows:

1. The employee and Personnel Director must notify the Board and the exclusive bargaining representative.

2. The Personnel Director must notify the Personnel Commission if the employee intends to apply for the position

3. The Personnel Commission must then notify the Board and the

exclusive bargaining representative. If the business of the district is disrupted by a vacant position, a decision may be reached to fill that (vacant) position with the employee who holds that position on a temporary basis, up to thirty (30) days. During that time a decision will be made by the Personnel Commission and exclusive bargaining representative.

A seniority bid list shall be maintained for the purpose of this rule. Employees may waive their opportunities for increased hours of work; however, once proper assignment is made, it shall not be revoked or revised because of withdrawal of waivers.

B. Decreases in Assigned Time When a permanent position is to be reduced in assigned time per day, week, month,

or year, the incumbent shall have the right to transfer into any vacant position in the class which is not greater in assigned time than the employee's former position. If a vacant, permanent position of equal time is not available, the incumbent may bump the incumbent of a position with equal time who has the least seniority in the class, provided said employee has greater seniority among those occupying positions of less time than the reduced position, and provided said employee has greater seniority. An employee so bumped shall have similar bumping rights.

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ARTICLE V - TIME LIMIT FOR WORKING OUT OF CLASSIFICATION A classified employee who temporarily performs the duties of a higher classification for a period longer than five (5) working days within a fifteen (15) day calendar period shall have a salary adjustment upward for the entire period required to work out of classification. ARTICLE VI - EXTRA PAY DIFFERENTIAL A pay differential, up to five percent (5%) of current pay-per month may be added to any step for extra supervisory or difficult duties for so long as such duties are performed, upon recommendation of the department head concurred to by the Assistant Superintendent or Superintendent.

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RULE IV APPLICATION AND EXAMINATIONS ARTICLE I - APPLICATION FOR EMPLOYMENT A. Filing of Application All applications for employment should be made upon official forms furnished by

the Commission, filled out as directed, and filed on or before the date specified in the office specified in the examination announcement.

Applicants taking more than one examination must file a separate and complete

application for each examination. B. General Qualifications of Applicants Applicants must be citizens of the United States or be authorized legal aliens in

accordance with Federal specifications which allow them to provide services to a public agency. Applicants must also meet all entrance requirements as specified in the minimum qualifications established for the class and set forth on the examination announcement. All applicants must be of good moral character and in all respects mentally and physically competent to perform the duties of the position(s) for which they are applying.

C. Elimination of Applicants An applicant may be refused examination or certification for any of the following

reasons:

1. Conviction or pleading guilty, including no contest plea, in court to a charge involving moral turpitude or mistreatment of children.

2. Intentionally making a false statement as to any material fact or practicing any deception or fraud in securing examination certification or appointment.

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3. Drug addiction or evidence of the use of illegal drugs while on duty.

4. Unsatisfactory health conditions or conditions that would prevent employee from performing the duties of his/her position.

5. Separation from the La Habra City School District for cause. D. Applications Property of the Commission All applications and examination papers are confidential records of the

Commission and will not be returned to the applicants, except that the Commission may permit the appointing power (or representative of) to inspect applications and test results of persons being considered for employment.

E. Applications Not To Be Returned All applications and examination papers are confidential records of the District and

shall not be returned to the applicants. F. Applicants Names Not To Be Made Public The names of the applicants or unsuccessful candidates in any examination shall

not be posted or published. G. Veterans Preference Credit shall be added to passing scores in open competitive examinations in the

amount of five (5) points for eligible veterans and ten (10) points for disabled veterans.

Veteran means any person who has thirty (30) days or more of service in the United

States Armed Forces in time of war or national emergency declared by the President of the United States of America, and who has been discharged or released under conditions other than dishonorable, proof of which shall be submitted to the Commission at the time of examination. Armed Forces means the United States Air Force, Army, Navy, Marine Corps, or Coast Guard.

Disabled veteran means any veteran, as defined above, who is currently declared by

the United States Veterans Administration to be ten percent (10%) or more disabled as a result of service in the Armed Forces. Proof of disability shall be

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deemed conclusive if it is of record in the United States Veterans Administration. In order to obtain credit, the applicant shall furnish satisfactory proof of qualifying military service prior to establishment of the eligibility list. No adjustment of rank on the list shall be made when such proof is presented thereafter.

ARTICLE II - EXAMINATIONS A. When Held Whenever it is necessary to fill existing or anticipated vacancies in the classified

service and an appropriate eligibility list does not exist as determined by the Commission, the Commission shall direct the holding of any examination to provide eligibles. At least ten (10) working days advance public notice of such examinations shall be given.

1. Such notice shall be in the form of announcements distributed widely throughout the District and in other potential recruitment areas or by publication in daily newspapers in the area or both. 2. Notices of promotional examinations shall be widely distributed in all

schools and other facilities of the District to assure that eligible employees of the District will become aware of promotional opportunities.

3. Examination notices shall contain the following facts as fixed by the

Personnel Director except where these rules may provide to the contrary: a) The date and place of the examination. b) The last date for filing applications. c) Reasonable information concerning the location of employment.

e) Such parts of the class specifications as will adequately describe the scope of duties and responsibilities.

f) The minimum qualifications. g) The salary or other compensation.

h) Such other information as will assist the public in understanding fully the nature of the employment and the procedure necessary to participate in the examination.

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B. Who May Compete Competitive examinations for positions in the classified service shall be open to all

applicants who meet the minimum qualifications. Examinations may be restricted to promotional candidates at the discretion of the Commission.

C. Notice of Examination Each applicant whose application has been approved shall be notified a reasonable

time in advance of the date, time and place of the examination, and such notice shall be the applicant's authorization to take the examination. No candidate may be admitted to any examination without such authorization or other satisfactory evidence of having filed an acceptable examination.

D. Character of Examinations Examinations may be written or oral, in the form of a practical demonstration of

skill and ability, or any combination of these. Any investigation of education, experience, character, or identity, and test of technical knowledge, manual skill, or physical and mental fitness, which, in the judgment of the Personnel Commission, serves this end, may be employed.

E. Examination Procedures The Personnel Director shall prepare or cause to be prepared the written and/or oral

examination questions. With the approval of the Commission, he may secure the assistance of any competent person or agency outside the District service.

Copies of the questions in a test shall not be made by competitors or other

unauthorized persons. Where written tests are required, they shall be so managed that none of the test

papers will disclose the name of any competitor until all papers of all competitors in a given examination shall have been marked and rated.

Any competitor in any examination who places any identifying mark upon a test

(other than the identifying mark prescribed at the time of the examination), or makes any attempt to disclose to others the identity of said papers prior to the completion of the examination shall be disqualified.

The Commission may designate examinations for specific classes as continuous

examinations. When so designated, the examination shall be administered at least biweekly, as applicants are available, and applications shall be accepted on every

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working day. Procedures for review of written tests shall be suspended and the Qualifications Appraisal Board may consist of fewer than three (3) persons, one of whom may be an employee of the District or the Commission.

F. Examination Weighting The relative weights of the different parts of the examination shall be determined

by the Commission and set forth in the announcement of the examination. All examination papers shall be prepared and rated under the direction of the Personnel Director.

G. Rating Required Competitors may be required to attain a designated minimum rating in each part or

in combined parts of the examination to qualify for participation in the next succeeding parts.

The qualifying score on written examinations may be an actual score or an adjusted

score based on the difficulty of the examination, the quality of the competition, and the needs of the service. The determination of minimum qualifying scores on written examinations shall be made before any examination papers are identified.

H. Review of Written Test When the written test papers of all competitors have been rated, each candidate will

be notified of grade, the place, date and time at which to review said test paper. At the time of review each candidate will be provided a protest sheet and may protest any question, outlining the basis for the protest. No candidate may copy and/or remove from the review room any questions or answers.

The protest sheets, if any, shall be filed with the Personnel Director within twenty-

four (24) hours. The Personnel Director shall review and act upon all protests and may allow more than one answer to a question or may disqualify a question, if the protest is found to be valid. If protests result in any change, the test papers of all applicants will be reviewed and re-rated accordingly.

The Personnel Director shall inform the protestant of the decision. If the ruling is

against the protest, the applicant may appeal to the Personnel Commission, but the appeal shall not delay other parts of the examination process.

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I. Examination Papers All examination papers submitted by competitors are the property of the District

and are confidential records. Records of examinations will be maintained for ninety (90) calendar days after

approval of an eligibility list by the Commission. They will then be destroyed J. Qualifications Appraisal Interview (Oral Examination) If an examination includes a Qualifications Appraisal Interview (QAI), those

competitors eligible for the QAI will be examined at the earliest practicable date after conclusion and rating of the earlier test(s). All oral examinations must be electronically recorded and the tapes retained for ninety (90) days.

The QAI Board will consist of at least three (3) persons, one of whom shall be

technically qualified to interview for knowledge in the area of the class of positions being tested.

The QAI Board shall be made up of either an interested member, the Personnel

Director, and a person from outside of District employment; or of members selected at the discretion of the Personnel Director.

K. Seniority Credit - Promotional Examinations In promotional examinations only, seniority credit shall be added to the final

passing scores of candidates in the amount of one quarter (1/4) point for each year of service, not to exceed a total of five (5) points. Credit shall be granted for time spent in regular status (see definition) in the classified service and on leave from the classified service while otherwise employed in this District. A full year's credit shall be granted to employees whose regular position is assigned on less than a calendar year basis. Credits shall be calculated for units of not less than half year, unless greater accuracy is required in order to break ties in examination scores; fractions of years shall not normally be counted.

L. Ties in Examination Scores When two (2) or more competitors in an examination have the same final

examination score, placement on the eligibility list shall be based on the scores, with "ties" permitted. In promotional examinations, seniority credit shall be calculated to the fractional point necessary to break the tie.

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M. Notice of Final Score Each competitor shall be notified of the final score and standing on the eligibility

list if so qualified. N. Promotional Examinations Examinations shall, where practicable, as determined by the Commission, be

limited to qualified promotional applicants. When no promotional field of competition exists or when there is doubt of its adequacy, the Commission may order an open examination or simultaneous open and promotional examinations. Promotional examinations shall be restricted to permanent employees of the District who meet the prescribed qualifications of the class.

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RULE V EMPLOYMENT LISTS ARTICLE I - ELIGIBILITY LISTS A. Establishment and Life of Eligibility Lists After an examination, the names of successful competitors shall be arranged on a

list in the order of examination score, plus additional points where applicable (veteran's credit, employment credit). The list shall be presented for approval (or ratification of approval of the Personnel Director) to the Personnel Commission.

After approval, an eligibility list shall be in effect for one (1) year, unless

exhausted, and may be extended for not more than one (1) additional year at the discretion of the Commission. Names of successful competitors may be added to eligibility lists resulting from continuous examinations without approval by the Commission.

B. Reemployment Lists There shall be established for each class a re-employment list which shall take

precedence over all other eligibility lists in appointment. This list shall contain the names of all permanent classified service employees who have been laid off or demoted from any position because of lack of work or lack of funds.

At the request of such employee, and with the approval of the Commission, the

name of the employee may also be placed on a reemployment list for comparable or lower classes.

C. Termination of Eligibility Lists An eligibility list is automatically terminated one (1) year from the date of its

approval, unless previously extended by the Commission:

1. Automatically at the end of the second year if it has been extended by the Commission.

2. When no eligibles are available for appointment to a specific permanent position in a class.

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3. When there are fewer than three (3) eligibles remaining on the list. 4. When a new list is established during the second year of an existing list. D. Consolidation of Eligibility Lists If a new examination for a class is given during the first year of the life of an

existing list, the examination shall be sufficiently similar to the previous examination to ensure the comparability of the scores of eligibles. The new list shall then be merged with the existing list with eligibles ranked in the order of examination score, plus additional points where applicable. Promotional lists shall be merged only with promotional lists, except where "dual certification" applies open and promotional lists shall be merged for certification.

Where lists are consolidated under this rule, the earlier list shall be terminated one

(1) year after its establishment, and those earlier eligible names shall be removed from the consolidated list.

E. Eligibility After Appointment An eligibility list shall be used for full time, part time, regular and limited term

assignments in the class. An eligible who accepts part time employment shall continue to be eligible for full time employment, and an eligible who accepts limited term employment shall continue to be eligible for regular employment.

F. Removal of Names from Eligibility Lists The name of an eligible may be removed from an eligibility list by action of the

Commission for any of the following reasons: 1. A written request by the eligible for removal.

2. Failure to respond within five (5) working days to an inquiry regarding availability for employment.

3. Any of the causes listed in these Rules. 4. Termination of employment (promotional eligibility lists). 5. Failure to respond for an interview after certification.

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ARTICLE II - CERTIFICATION FROM EMPLOYMENT LISTS A. Order of Precedence Names shall be certified for appointment from employment lists in the following

sequence: 1. Reemployment list (from layoff). 2. Promotional eligibility list. 3. Open eligibility list. B. Dual Certification The Commission may authorize dual certification for an eligibility list when the

examination is offered both on an open and a promotional basis. Open/promotional exams are given when promotional exams fail to produce three (3) or more eligibles to fill vacancies that occur in permanent positions during the first year of a promotional eligibility list. The three (3) names certified shall be those of open and promotional eligibles who have the highest examination scores, without veteran's credit and including seniority credit for promotional eligibles. When all promotional eligibles have been removed from the list, through appointment or otherwise, veterans credit shall be added to scores of remaining open eligibles, and their ranks shall be adjusted accordingly.

C. Procedure When Fewer Than Three (3) Names Remain When fewer than three (3) eligibles are available on the promotional list, sufficient

names shall be certified from the open list to allow a choice among three (3) eligibles.

When fewer than three (3) eligibles are available for certification, the available

eligibles shall be certified, however, the appointing authority may request a new examination.

D. Other Sources of Eligibility In the absence of a reemployment list for a class, a vacancy may be filled by

transfer, demotion, reinstatement or reemployment (after resignation), restoration to a former class after voluntary demotion, or other means provided in these rules, without regard for existence of eligibility lists.

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E. Procedure of Certification and Appointment from Eligibility Lists When a position is to be filled, the appointing power shall notify the Personnel

Director of the opening and of the date of the anticipated need. The request for certification shall state the class title, hours, and location of employment and any other pertinent information as required by the Director.

The Appointing Authority shall make its selection and shall notify the appointing

power in accordance with these rules. The Appointing power shall make its selection and shall notify the Director, who

shall see that the necessary employment procedures are implemented. When, in accordance with Education Code Section 45261, the ability to speak,

read, and write a language in addition to English is a requirement of a position the Personnel Director shall certify the three (3) eligibles with the highest standing on the eligibility list who possess such ability. When only one (1) eligible can be certified the Personnel Director shall also certify the two (2) eligibles with the highest standing on the eligibility list who do not possess the language ability.

If a candidate who has been certified as eligible for appointment to a position fails

to keep the interview appointment or at the interview declines the position, the appointing authority may fill the vacancy from the remaining certified eligibles or may request additional certification.

F. Certification of Additional Eligibles If, after certification of eligibles, the appointing authority desires certification of

additional eligibles, a written request will be submitted to the Personnel Director which shall:

1. Specify the number of additional eligibles required.

2. Detail all pertinent data which requires the additional eligible certification, including relating the names of those eligibles who refused appointment (including reasons given) or who failed to respond for the interview.

The Personnel Director, when the request is received, shall immediately investigate

the validity of the request, making certain the refusal on the part of the eligible was voluntary. The Director shall then:

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1. Certify additional names of eligibles as may be required. 2. Remove the names of eligibles from the list who failed to report or who refused the appointment, notifying them of the action and their right to appeal to the Commission.

3. Notify the Commission of the action taken. If the Director finds that a refusal of appointment was not voluntary and free of any

type of duress, the Director will then:

1. Notify the appointing authority of the findings and refuse to certify additional eligibles citing the provisions of this rule.

2. Refer the matter to the Commission together with the findings and recommendations which may include suggested action under the Education Code.

3. Advise the appointing authority of the date of the report to the

Commission in order to enable appropriate representation. G. Certification from List for Another Class If there is no eligibility list for the class in which the vacancy occurs, certification

may be made from a list for another class at the same or a higher level, if the duties and qualifications of the class for which the examination was given include substantially all of the duties of the position to be filled, provided that the Personnel Commission finds that the use of the list is in the best interest of the District, and that the necessary skills and knowledge were adequately tested in the examination.

H. Withholding Names from Certification The name of an eligible may be withheld from certification when: 1. Eligible expresses unwillingness or inability to accept appointment.

2. Eligible fails to respond within five (5) business days following the mailing of a written inquiry regarding availability for permanent employment or request to appear for interview regarding employment.

3. Eligible's failure to report for duty at the time agreed upon after having accepted an appointment.

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4. In the case of temporary employment, the eligible cannot be reached in time for appointment.

5. Eligible's failure to present any license, registration, certificate or

credential needed. (The Personnel Director shall restore eligible's name for certification when this particular requirement has been met.)

I. No Discrimination in Appointment No questions relating to political or religious opinions or affiliations, race, color,

desirability, sex, national origin or ancestry, or marital status shall be asked of any candidate whose name has been certified for appointment, nor shall any discrimination be exercised.

ARTICLE III - DUTIES OF ELIGIBLES A. Response Time to Certification Notice It shall be the duty of every eligible to respond promptly after receiving the written

notice of certification. Within the District there shall be five (5)days time for response after the notice is mailed; those living outside of the District shall respond within five (5) days plus the normal time required for the communication to be transmitted by mail to the eligible's place of residence. An eligible notified by telegram of certification shall come before the appointing power for the interview or notify the same within twenty-four (24) hours after the sending of the telegram to show intent. Failure to respond by an eligible within the above stated time frames will be deemed an automatic waiver of certification and the Personnel Director may certify an additional name.

B. Time Allowed Before Reporting to Duty An eligible who has been certified shall be allowed two (2) weeks to report for duty

after an offer of appointment to a permanent position has been made. If eligible is unable or unwilling to report by the end of two (2) weeks, it shall be considered that the appointment has been refused and the appointing power may request certification of another name from the eligibility list. (The appointing power may, however, allow a period of longer than two (2) weeks before the eligible is to report for duty.)

When the appointment is for a limited term position, the eligible must be available

on the date specified by the appointing power.

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C. Eligibles to Notify Commission of Address Changes Every person who has been placed on an eligibility list or reemployment list shall

promptly and in writing file with the Commission a correct mailing address and place of residence. This address shall be the place to which the Commission and the Personnel Director shall direct all notices necessary in carrying out the provisions of the Act and these rules. The list or lists that the eligible's name is included on shall also be noted in the address change notification. Failure or neglect on the part of any such person to file such information may, at the discretion of the Commission, operate as a waiver of the order of certification and/or appointment from any such list or lists.

ARTICLE IV - PROVISIONAL APPOINTMENTS A. Restrictions The appointing authority may make a provisional appointment when the Personnel

Director certifies that no eligibility list exists for the class or an eligibility list exists, but there is an insufficient number of available eligibles and the appointing power refuses to appoint an available eligible.

An employee may receive a provisional appointment or appointments which may

accumulate to a total of ninety (90) working days, after which a period of ninety (90) calendar days shall elapse during which the appointee shall be ineligible to serve in any full time provisional capacity.

Notwithstanding paragraph two under restrictions above, the Commission may

extend the ninety (90) working day provisional appointment for a period not to exceed thirty-six (36) additional working days provided that:

1. An examination for the class was completed during the initial ninety

(90) day period of the employee's provisional assignment.

2. Satisfactory evidence is presented indicating adequate recruitment has been and is being made; extension of this provisional assignment is necessary to carry on vital functions of the District; the position cannot be satisfactorily filled by use of the eligibility list or other employment lists or procedures such as reinstatement, transfer, or other appropriate eligibility lists.

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No person shall be employed in a provisional capacity under a given Governing Board for a total of more than one hundred twenty-six (126) working days in any one (1) fiscal year. If no one is available, successive ninety (90) working day appointments may be made to the part time position as defined in the Education Code, Section 45287.

B. Terminating Provisional Appointment

The services of a provisional appointee shall be terminated within fifteen (15) calendar days after the date on which an eligibility list has been established, provided that this fifteen (15) day period does not extend beyond the ninety (90) working day provisional assignment, or the additional thirty-six (36) working days authorized by the Commission. A provisional appointment may be terminated at any time, at the discretion of the

appointing power. C. Emergency Appointments When eligibles are not immediately available and in order to prevent the stoppage

of public business, the appointing power may make an emergency appointment of not more than fifteen (15) working days. When such emergency appointments are made, it shall be the duty of the appointing power to immediately notify the Personnel Director who shall pass on the sufficiency of the reasons and the compliance with the provisions of this rule before any salary can be paid under any such emergency appointment. Time served under such emergency appointment shall be considered as part of the period permitted under the Education Code for provisional appointments.

ARTICLE V - LIMITED TERM EMPLOYMENT A. Types of Limited Term Appointments A substitute assignment may not be made to exceed in duration the authorized

absence of the regular employee, however it need not begin on the first day of absence of the regular employee. In addition a substitute assignment may be made at a lower class related to that of the absent employee if the assigned duties are reduced in level accordingly.

The appointing authority may establish positions the duration of which is six (6)

months or less; such positions shall be designated "limited term". Such positions

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are subject to classification by the Personnel Commission except that the Personnel Director may classify them subject to later ratification if the good of the service demands expeditious action.

B. Eligibility for Limited Term Employment Limited term appointments shall be made in accordance with procedures for

regular appointments, except: if an eligible has been appointed from an eligibility list to a substitute assignment or limited term position, appointee shall continue to be eligible for limited term appointments in the same or related lower class after the eligibility list has expired. The same privilege of continued eligibility shall apply to a former employee who resigned in good standing and who accepted a limited term appointment within thirty-nine (39) months after resignation. The names of such persons shall be ranked in the order of seniority on a special list used for limited term appointments and shall be certified from before the current eligibility list is used. Names may be removed from this list for any of the causes listed in these rules, subject to appeal to the Personnel Commission.

Provisional appointments may be made to limited term positions and substitute

assignments subject to the provisions of these rules. C. Compensation When a regular employee is given a limited term appointment in a second class in

lieu of all or part of a regular appointment, the rate of pay in the second class shall be the rate appropriate to the class which is next above the regular rate, if any, but not more than the highest rate applicable to that class.

Former regular employees who are reinstated as limited term employees within

thirty-nine (39) months after resignation shall be paid in accordance with these rules. The salary step so determined shall be applicable to all future limited term appointments of that employee in that class until the loss of eligibility for such appointments.

D. Rights and Benefits All regular employees who are serving in limited term appointments while

retaining regular status in another class shall continue to earn and be granted all rights and benefits of a regular employee.

All other limited term employees shall be granted only those benefits provided by

law, such as paid holidays and bereavement leave. No seniority or credit toward

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completion of probation or any other benefit shall accrue from service in a limited term appointment, except as provided under the paragraph above.

E. Terminations Limited term appointments shall be subject to termination at any time except

during an assigned shift. Limited term employees may be dismissed for cause, which cause shall be made

known to them and to the Personnel Director in writing. The Personnel Director may remove the name from the special list for limited term appointments, if investigation supports such an action.

F. Temporary (Non-substitute Positions) Temporary employees hired under this rule will be limited to a six month period of time and shall not be eligible for additional (temporary) employment within the ensuing six months.

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RULE VI

EMPLOYMENT STATUS AND TRANSACTIONS ARTICLE I - PROBATIONARY PERIOD A. Duration of Probation All transfers and appointments from open competitive or promotional eligibility

lists shall be for a probationary period of six (6) months. This probationary period shall not include time served under emergency, provisional, or limited term appointments, but shall date from the beginning of service in a permanent position after appointments from a valid eligibility list or from the effective date of transfer.

For those classes designated by the Commission as executive or administrative,

the probationary period shall be one year. In the case of employees engaged on a daily basis the probationary period shall be

deemed satisfied if the employee works an average of twenty (20) days or more for each month of the six (6) month probationary period regardless of the number of calendar months over which such service extends.

A probationary employee assigned on a part time regular basis shall receive

permanent part time status after completion of the six (6) months. Such employee who is transferred or assigned to a position in the same class, that is full time must complete an additional six (6) months of probation before full time permanent status is attained.

B. Report of Performance It shall be the duty of the appointing power during the probationary period of each

employee to investigate thoroughly the conduct, capacity, moral responsibility and integrity to determine whether the employee is fully qualified for permanent status. A report on these and other designated qualities and characteristics shall be made available to the Commission through the Personnel Director for each probationary employee at the end of the second and fifth months on forms prescribed by the Personnel Commission.

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C. Rights of Probationary Employees A new employee who resigns in good standing during the initial probationary

period shall, upon request, be restored in proper rank to the eligibility list. Such action shall not extend the life of the eligibility list or the period of eligibility of the employee.

A new employee who is suspended or dismissed during the initial probationary

period shall be notified in writing of the action taken and the charges. Said probationary employee shall not have the right of appeal.

An employee who has permanent status in the classified service and who has been

promoted to a higher class, may be demoted during the probationary period to the former class. Said employee shall be notified in writing of the action and the charges, and shall have the right of appeal as contained in this section. A permanent employee who is suspended or dismissed or demoted, to other than a class formerly held, during a probationary period retains full rights of appeal.

Should the work for which a probationary employee has been appointed prove

temporary instead of permanent as certified, and should said employee be laid off without fault or delinquency before the probationary period is completed, said employee shall be restored to the eligibility list and the time served shall be credited toward a probationary period.

ARTICLE II - CHANGES IN POSITION AND CLASS This section which pertains to classified employees who are members of the bargaining unit is superseded by the pertinent section of the existing contract with the exclusive representative. A. Transfers An employee may be transferred by request, or for the good of the service from one

position to another in the same class at the discretion of the department head(s) involved, provided that such action shall not be taken for punitive or preferential reasons.

A permanent employee may be transferred to a position in a related class on the

same salary schedule. Such transfers shall be made only with the approval of the Superintendent.

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Transfers shall not change the employee's salary rate, anniversary date, accumulated leave, accumulated vacation credit, or in any other manner reflect adversely upon employee's rights as provided by law and these rules.

The Personnel Commission shall determine whether classes are sufficiently related

to permit transfer between them. It shall consider similarity of duties, minimum qualifications, examination content, occupational group, and promotional field (above and below). In general, more latitude in transfers is permitted as:

1. The employee's seniority in the classified service increases.

2. When the transfer request is based on reclassification, impending layoff, or for reasons of health.

3. When the employee meets the minimum requirements of the class. If an eligibility list exists for the position requested in a transfer, the appointing

authority shall interview the employee requesting a transfer and three (3) from the existing eligibility list.

A permanent employee who transfers to a position in a class in which a

probationary period has not previously been served shall be considered probationary in that class for a period of six (6) months. At any time during the probationary period said employee may be returned to the former class without right of appeal, unless such action results in layoff, demotion, or reduction in assigned time. In the latter case, the employee will have the same appeal rights as a permanent employee who is demoted or dismissed.

Transfers shall have the following effects on seniority: 1. No effect within the same class.

2. Transfers from one class to another. The employee shall not receive seniority credit in the new class for service in other classes; however, credit toward seniority in the classified service shall be retained.

Transfers shall not be used as a device to alter the sequence of impending layoff,

although employees whose positions are to be eliminated may transfer to other classes as this rule contemplates.

Reasons for any transfer which is not voluntary shall be discussed with the

employee by the immediate supervisor.

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B. Voluntary Demotion A permanent employee may request voluntary demotion to a class with a lower

maximum salary rate. Such requests require the approval of the department head and that of the head of the department to which employee is to be assigned.

C. Restoration A former permanent employee who resigned in good standing may be reinstated in

a vacant position in the employee's former class and status within thirty-nine (39) months of the last date of paid service. Also, said employee may be reinstated in a vacant position in a lower related class, if qualified, or in limited term status in the same or lower class. Such actions are discretionary with the appointing authority.

An employee who has taken a voluntary demotion may be restored to a vacant

position in a related lower class, as determined by the Commission, within thirty-nine (39) months. Except when demotion was chosen in lieu of layoff, restoration is discretionary with the appointing authority.

An employee who has accepted demotion in lieu of layoff for lack of work, lack of

funding, or abolishment or reclassification of a position, has the right to be re-employed, in accordance with seniority, in a vacant position in the former class within thirty-nine (39) months after demotion. Intervening reassignments to other classes shall not invalidate these rights. If said employee has not been reemployed to the former class within thirty-nine (39) months, an additional twenty-four (24) months of eligibility may be extended at the discretion of the appointing authority.

Reinstated or reemployed former employees shall have the following rights:

1. Restoration to the former step in the current salary range for the class, or restored in a lower class, to the rate closest to that of the step assigned if restored to the former class.

2. If restored to permanent status, restoration of accumulated sick leave

and seniority as of the date of the separation.

3. Restoration of all rights, benefits and burdens of a permanent employee in the class to which restored.

D. Restoration of Retired Employees Any employee who was retired as a member of the Public Employees Retirement

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System may be employed for up to nine hundred sixty (960) hours in a calendar year whenever other eligibles are not available and retired employee's skills or knowledge are needed, or during an actual emergency to prevent the stoppage of public business.

The retired employee must certify with the understanding that employment is

limited to a maximum of nine hundred sixty (960) working hours in a calendar year with the La Habra City School District and any other employer subject to the provisions of the Government Code.

ARTICLE III - ASSIGNMENTS OF HANDICAPPED EMPLOYEES A. General Policy When a permanent employee becomes unable to perform the duties of the assigned

classification because of illness or injury as determined by a medical authority designated by the Commission, effort shall be made to place said employee in a position the duties of which are within said capabilities. Reassignment, if any, shall be at the discretion of the appointing authority, with the approval of the Commission in the cases noted hereafter.

B. Reassignments Upon return to duty after illness or injury, a handicapped employee's duties in the

regularly assigned position may be altered upon recommendation of the supervisor in accordance with the handicap for a maximum period of three (3) months with the approval of the Personnel Commission. At the end of the period if there has been no change in the employee's condition, the position may be reclassified or the employee be suspended in accordance with these rules.

A handicapped employee may accept demotion or transfer to a less demanding

class, with the approval of the Commission. A handicapped employee may be assigned to a position in a higher class, with the

approval of the Commission, but shall receive no salary benefit from such assignment until appointed to the higher class in accordance with the rules and procedures on eligibility and appointments.

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C. Effect of Refusal by Employee A handicapped employee may refuse assignments to other classes without effect on

rights under sick leave provisions of the law and these rules. However, there is no obligation for the appointing authority to renew offers of reassignment which have been refused or to make alternative offers.

ARTICLE IV - PERFORMANCE EVALUATIONS A. Times for Evaluations All regular classified employees shall be evaluated by their immediate supervisor

or the site principal. Probationary employees are evaluated at the end of their second and fifth month of service. Permanent employees are evaluated a minimum of once each year in March.

B. Evaluation Each employee is to be rated by the site principal or the person who is defined as

the person of higher classification who assigns, checks, and supervises more of the work of the employee than any other person in the section, crew or office. Whenever possible, each employee shall also be rated by the officer or person who is next higher in rank to the immediate supervisor and who has personal knowledge of the work of the employee. The ratings shall be made in a joint conference between the employee and the supervisor in accordance with procedures prescribed by the Commission.

C. Procedure to be Followed Performance evaluation reports shall be made on forms prescribed by the

Commission and prepared by the employee's supervisor. In preparing the evaluation sheets, the first step shall be in a conference with the

employee at which time they will discuss ways and means of improving the conditions under which the employee is working to provide greater efficiency and productivity. They will discuss the minimum requirements for the position. Together they will analyze the employee's strong points and areas in which improvement may be made. The evaluation sheet will be a product of their joint cooperation. A copy of the evaluation sheet will be given to the employee. The employee will indicate knowledge of the rating by signing the copy that will be forwarded to the Personnel Director.

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Performance evaluation reports shall be filed in the employee's personnel records and shall be available for review by the supervisor or appointed authority in connection with promotional examination and disciplinary actions.

ARTICLE V - LEAVES OF ABSENCE A. Vacation Every regular classified employee, permanent and probationary, shall earn vacation

at the prescribed rate as part of compensation. Regular employees who are on leave to serve in a limited term assignment, or who serve in limited term assignments during periods when they are not regularly assigned shall earn vacation during such limited term assignments. Vacation shall also be earned during any paid leave of absence.

All maintenance and grounds employees shall be limited to five (5) days of their

vacation during the period of June 15 through September 15. Ten (10)month employees shall receive their vacation at the end of the school year.

Vacation schedules shall be prepared by the administration. Effort shall be made to

enable vacation to be taken at times consistent with the needs of the service and the work load of the department.

The rate at which vacation is paid shall be the employee's current rate. An

employee whose vacation is earned and begun under a given status shall suffer no loss of earned vacation salary by reason of subsequent changes in conditions of employment.

When an employee has accumulated the maximum allowable vacation credit and

when a critical emergency prevents being off duty, the nature and duration of the emergency shall be reported to the Board of Trustees. The Board may then authorize payment in lieu of vacation earned above the maximum or may permit the accumulation of excess vacation credit for the duration of the emergency.

B. Paid Sick Leave Accumulative sick leave and sick leave shall be provided by the District for

instance of absence due to personal injury, illness, quarantine, or disability due to

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maternity, in accordance with Education Code 45191. Sick leave entitlement shall be twelve (12) days for twelve (12) month employees; eleven (11) days for eleven (11) month employees and ten (10) days for ten (10) month employees. Written verification by a licensed physician for absences of five (5) consecutive working days shall be presented to the immediate supervisor upon employee's return to work. Failure to provide written verification shall result in nonpayment for period of absence.

At the beginning of each fiscal year, the sick leave "bank" of the employee shall be

increased by the number of days paid sick leave that would be normally earned in the ensuing fiscal year. An employee's sick leave "bank" shall be adjusted if a change of assignment alters the amount of sick leave earnable. Unused sick leave may be accumulated without limit.

Sick leave may be taken at any time, provided that employees with probationary

status use only six (6) days of paid sick leave during their initial probationary period.

Pay earned for sick leave shall be the same as the employee would have received if

employee had worked that day. In order to receive compensation while absent on sick leave, the employee must

notify the immediate supervisor, or the District call-in line (recorded message), of the absence within the first working hour of the first day of absence, unless conditions make notification impossible. The burden of proof of impossible conditions shall be upon the employee.

At least one (1) day prior to return to work, the employee shall notify the supervisor

in order that the substitute employee may be terminated. If the employee fails to notify the supervisor and both the employee and the substitute report, the substitute is entitled to the assignment, and the employee shall not receive pay for that day.

C. Use of Sick Leave in Cases of Personal Necessity Any days of leave of absence for illness or injury allowed pursuant to Education

Code 45191 may be used by the employee, in cases of personal necessity. The employee shall not be required to secure advance permission for leave taken for either of the following reasons:

1. Death or serious illness of a member of employee's immediate family.

2. Accident, involving employee's person or property, or the person or property of an immediate family member.

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If sick leave is used pursuant to Education Code Section 45191, a written statement of the reasons for leave signed by the employee must be filed in the Superintendent's office within five (5) working days after return to position.

The employee shall secure permission from the Superintendent at least three (3)

working days prior to an appearance in court as a litigant or as a witness under an official order.

ARTICLE V - LEAVES OF ABSENCE - 1st Reading 2-5-2019/2nd Reading 3-12-2019

D. Use of Sick Leave for "Compelling Personal Importance" Compelling personal importance leave may be utilized for circumstances that are

serious in nature, which cannot be expected to be disregarded, which necessitate immediate attention and cannot be dealt with during off duty hours. Two (2) Four (4) days of said leave, pursuant to the conditions described herein, may be used without prior approval provided the employee notifies the immediate supervisor as far in advance as possible of the absence, and certifies upon return to service that the absence was taken in accordance with the conditions described herein.

1. Leave taken pursuant to this section together with any leave taken under "personal necessity" shall not exceed six (6) seven (7) days in any single school year. 2. Reasons for which approval shall not be granted are: a) political activities or demonstrations b) vacation, recreation or social activities c) service organization activities d) employee association activities e) routine personal activities f) occupational investigations E. Industrial Leaves "Industrial accident" is defined as any accident or illness arising directly out of or in

the course of the employment of the employee which forces absence from work. The determination of whether an accident constitutes an "industrial accident" shall

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be made by the District, except when the District's insurance carrier investigates an accident, then that agency shall make the determination.

Industrial accident leave shall be granted to permanent employees. When an

employee sustains a work related injury the following procedure will be followed: 1. Immediately report any work related injury to the immediate supervisor.

2. The immediate supervisor will initiate a Supervisor's Report of Accident and will provide a copy to the employee.

3. The immediate supervisor will then complete a medical treatment order which will authorize the employee to be treated by the designated clinic or personal physician for the work related injury.

4. The designated medical clinic or personal physician will provide a

Medical Status Form to the employee which will indicate to the immediate supervisor the treatment given the employee, the restrictions applicable to continue work, and the time of day the employee left the clinic or physician's office.

5. The employee will return a copy of the Medical Status Form to the immediate supervisor.

6. The supervisor will forward a copy of the Supervisor's Report of Accident and the Medical Status Form to the Personnel Director.

Whenever it is necessary to be absent from duty because of a work related injury, the employee may request industrial accident leave.

Industrial accident leave with full pay shall be allowed for not more than sixty (60)

working days in any fiscal year for any single industrial accident. When such leave overlaps into the next fiscal year, the employee shall be entitled to only that amount of unused leave due for the same industrial accident.

During an industrial accident leave, the employee shall endorse to the District all

temporary disability indemnity checks received under Workers' Compensation. Under Workers' Compensation regulations, an employee may elect to transfer

treatment for the same industrial accident to a private physician after a thirty (30) day period. However, if an employee has submitted a Request for Personal Physician form to the District prior to the date of industrial injury, the employee shall have the right to be treated by that physician provided the physician is licensed pursuant to Chapter 5, Division 2 of the Business and Professions Code of the State of California, and who has previously directed the medical treatment of

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the employee, and who retains the employee's medical records including medical history.

The District reserves the right to require an employee to furnish proof of cause of

absence by a licensed physician. When entitlement for industrial accident leave has been exhausted, the employee

may elect to use any sick leave, vacation, or other paid leave to which entitled, provided that payment for any such paid leave when added to any temporary disability indemnity shall result in a payment to the employee of not more than the full salary less authorized deductions.

When all paid leaves have been exhausted, the employee shall be entitled to the

following differential pay benefit:

1. The absent employee shall receive the amount of salary due in any month in which the absence occurs, less the amount actually paid to a person employed to fill the position during the regular employee's absence.

2. The salary due an absent employee is the amount earned had the

absence not occurred. The salary due employees who work irregular hours shall be determined by averaging the earnings of any such employee during the three (3) working months immediately prior to the absence.

3. The benefits of this rule and Education Code 45196 shall extend for an absence or absences accumulating to a period of five (5) calendar months in a calendar year.

When all available paid leaves have been exhausted and the employee is not able to

resume the duties of the position, the employee may elect to resign or to request a leave of absence without pay, said employee shall be placed on a reemployment eligibility list for a period of thirty-nine (39) months.

Any employee receiving benefits as a result of this policy shall, during periods of

injury or illness, remain within the State of California unless the Board of Education authorizes travel outside the state.

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F. Bereavement Leave The District shall grant to any employee up to six (6) working days leave on

account of the death of any immediate family member. If the full six (6) working day leave is utilized, one day shall be charged against sick leave.

G. Unpaid Leave for Maternity or Child Rearing Unpaid leave of absence may be granted by the Board of Education upon the

recommendation of the Superintendent for the balance of a school year upon application on a District form by an employee for reasons of maternity, adoption or child rearing.

The Superintendent or the designee will evaluate the employee's application and

recommend approval or disapproval of the requested leave. By May 15 of the preceding school year the employee may request an extension of

the unpaid leave for the second entire year. An unpaid leave for maternity or child rearing will not be granted following a paid

leave for maternity disability taken under the sick leave provisions of these rules. An employee on unpaid leave shall inform the district by July 1, prior to the

beginning of a new school year of the intention to return to service. H. Military Leave Classified employees who enlist or who are called into the Armed Forces of the

United States shall be entitled to the benefits of Education Code Sections 44800 and 45059; and Section 395.1 and 395.4 of the Military and Veterans Code.

Classified employees shall receive one-tenth (1/10) of the annual salary established

for their position for the first thirty (30) days of such military service, in accordance with the above listed codes and sections.

I. Retraining and Study Employees may be granted a leave of absence for the purpose of professional study

or retraining which will meet changing conditions within the District. Eligibility, procedure, requirements and compensation are for all classified employees as spelled out in the negotiated contract of the recognized bargaining unit for the classified employees.

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J. Return to Service The employee shall, within sixty (60) days following return to active service,

submit a comprehensive report to the Superintendent certifying the successful fulfillment of the terms and conditions under which the leave was granted.

The employee shall be reinstated to the classification held immediately prior to the

training leave, unless the employee and the District mutually agree to an alternate classification.

K. Legislative Office Leave Leaves of absence for legislative office may be granted by the Board of Education

in accordance with Education Code 44801, for a period of time to be determined by the Board and the employee. Such leaves, when granted, shall be without pay.

L. Absence for Examination Every employee in the classified service shall be permitted to be absent from duty

during working hours in order to take any examination for promotion in the District without deduction of pay or other penalty, provided that notice be given two (2) days prior to the exam to the immediate supervisor.

M. Leave of Absence Without Pay Leave of absence without pay may be granted to a permanent classified employee

by the Board of Education upon the written request of the employee, the approval of the department head, and the recommendation of the Personnel Commission, subject to the following restrictions:

1. Leave of absence without pay may be granted for any period exceeding one (1) year, except that leave of absence for military service which shall be granted in accordance with the Education Code and the Military and Veterans Code. Leave of absence for service in the Peace Corps may be granted for a period not to exceed twenty-four (24) months. 2. The granting of a leave of absence without pay gives to the employee the

right to return to the position at the expiration of the leave of absence, provided that the employee is physically and legally capable of performing the duties. The position may be filled only for the duration of the leave, and the employee so assigned must be reassigned upon completion of the leave.

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N. Jury Duty An employee shall be entitled to leave without loss of pay for any time the

employee is required to perform jury duty. The District shall pay the employee's regular salary and employee shall reimburse the District the amount paid for jury duty.

The Board of Education may, for good cause, cancel any leave of absence by

giving the absent employee due notification. The employee may appeal the cancellation to the Personnel Commission which shall investigate and hear the appeal. The appeal by the employee will stay the cancellation directive of the Board of Education until action by the Personnel Commission, which shall be final and binding.

An employee may make a written request to the Board of Education to return to

work prior to the expiration of the date of the leave. The Board of Education may approve or reject the request.

Failure to report for duty within five (5) working days after a leave has been

canceled or expires shall be considered abandonment of the position and the employee may be terminated by the Board of Education. The termination may be appealed to the Personnel Commission in the same manner as any other dismissal for cause.

If the employee's classification has been abolished during the employee's absence,

said employee shall be laid off for lack of work and placed on the re-employment list for the class effective the date of termination of leave and may be returned to a vacant position in a class at the same or a lower salary level for which qualified.

O. Leave to Serve in Another Position Any permanent classified employee who accepts an assignment within the District

to an exempt, temporary, or limited term position shall, during such assignment, be considered for status purposes as serving in a regular position, and such assignment shall not be considered separation from service.

The employee may, with the approval of the appointing authority, voluntarily

return to the position or a position in the class of a permanent status prior to the completion of service in an exempt, temporary, or limited term position. Failure to complete the required service, unless approved as specified herein, will constitute abandonment of position and may be grounds for disciplinary action by the appointing authority.

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P. Interruption of Leave A classified employee who has served five (5) or more continuous years in regular

status may, upon approval of the Superintendent, be permitted to interrupt or terminate vacation leave in order to begin sick leave, provided such leave is necessary, for not less than two (2) days and the employee indicated at the earliest practical opportunity:

1. The basis of the request for change in leave status and provide appropriate supporting documents including a certification of illness from a licensed physician or other practitioner in case of illness.

2. The probable duration of the requested leave. A classified employee may, upon approval of the Superintendent, be permitted to

interrupt or terminate vacation leave in order to begin bereavement leave for immediate family members. Bereavement leave shall not be extended by the use of this rule.

ARTICLE VI – LAYOFF A. Procedure Regarding Layoff Layoff of classified employees because of lack of work or lack of funds shall be

made normally at the end of the fiscal year. An employee subject to layoff shall be given a minimum of sixy (60) days notice, and more if possible, before the layoff becomes effective.

Layoff shall be made in inverse order of seniority in the class in which the layoff

occurs. The employees who have been employed the shorter time in the class, plus higher classes, shall be considered to have the least seniority and therefore shall be laid off first.

B. Rights of Employees Upon Layoff A reemployment list for each class or classification subject to layoffs will be

established and maintained for at least thirty-nine (39) months or until exhausted, whichever is sooner, according to the provisions in the Education Code.

The names of employees who are laid off will be placed on the reemployment list

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in accordance with length of service in the class, plus higher classes, and they shall

be reemployed in accordance therewith as vacancies occur in the class for which the list has been established.

Persons on layoff reemployment lists will be re-employed over all other candidates

for the vacant positions, except for reemployment lists established in accordance with the provisions of the Education Code when those lists were established after the layoff was effected.

When reemployment lists are in effect in accordance with the Education Code and

persons thereon have served in the class having layoffs, they will be placed on the layoff reemployment list in accordance to seniority as if they had been in active service at the time the layoff was effected.

When a vacancy occurs in a classification for which a layoff reemployment list has

been established, the senior employee will be notified and given an opportunity to accept the vacancy. The laid off employee may decline the offer of employment and retain a position on the list. After twice declining an appointment a laid off employee's name will be removed from the reemployment list and all rights otherwise entitled will be forfeited.

An employee who is to be laid off may be assigned to a position or elect demotion

to a lower class not served, provided that there is a vacant position in the lower class and the employee can meet the minimum qualifications for the position. Such assignment will not be made on previous length of service, but if so assigned, salary schedule placement will be made on the basis of prior service. In the event of future layoffs within the new class, length of service for layoff purposes will include all time served in other classes in the District. Assignment to a position vacancy in another class, under this rule, in no manner voids the employee's layoff rights under other sections of these rules.

C. Rights Upon Reemployment A person reemployed from a layoff list shall be fully restored to a position with all

rights to permanent status restored. No seniority shall be earned during periods of separation from the service of the District. A permanent employee who is laid off and is subsequently reinstated shall accumulate seniority rights from the earliest date of entrance into the class. Layoff of thirty-nine (39) months or less shall not be considered as a separation from service with the District. A laid off employee who is subsequently reinstated to employment with the District shall receive credit for all time lost due to layoff toward additional salary increments and vacation benefits just as though the layoff had not occurred.

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D. Acceptance of Substitute or Short Term Employment An employee who has been laid off for lack of work or lack of funds and who is on

a layoff reemployment list may be employed as a substitute or short term employee in said employee's original class or any other class qualified for and such employment shall in no manner jeopardize or otherwise affect the status or eligibility of this employee for reemployment. The District will attempt to provide substitute or short term employment to those on a reemployment list in accordance with their seniority.

E. Layoff of Emergency, Provisional, or Limited Term Employees No permanent or probationary classified employee shall be laid off from any

position while employees serving under emergency, provisional, limited term or substitute status are retained in positions of the same class. A limited term or substitute employee may be separated at the completion of the assignment without regard to the procedures set forth in this Article.

F. Demotion in Lieu of Layoff In lieu of being laid off, an employee may elect demotion to any class or

classification with the same or lower salary status position in which previously served without permanent or probationary status.

1. To be considered for demotion in lieu of layoff an employee must

notify the District in writing of such election not later than ten (10) days after receiving notice of layoff and rights to demotion.

2. Any employee replaced by such demotion has the same option of

demotion afforded by the rule as if the position had been abolished or discontinued.

3. Any employee demoted pursuant to this rule shall receive the maximum

of the salary range in the class to which demoted provided that such salary is not greater than the salary received in the higher class at the time of demotion.

4. In all cases where employees accept demotion in lieu of layoff, their

names shall be placed on layoff lists for the classes from which they were demoted.

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5. An employee who is laid off may elect demotion to a lower class based upon total seniority with the District, not just the time served in the class, provided the employee has served time in the lower class in either a probationary or permanent status. An employee shall be allowed to bump the person with the least seniority in the lower class.

6. An employee who has held only one (1) position or held positions in

widely separated classes within a promotional series may exercise bumping rights within the promotional series only provided that the employee holds seniority credit greater than that of an incumbent.

ARTICLE VII - MISCELLANEOUS A. Refusal of Limited Term Employment Refusal of an offer of limited term employment shall not affect the standing of any

employee on a layoff list. B. Eligibility to Compete in Promotional Examinations Employees on layoff lists shall be eligible to compete in promotional examinations

for which they are qualified. C. Ties in Seniority Credits When two (2) or more employees within a classification in which a layoff is taking

place have equal seniority dates with the District, the tie in seniority will be established through a lottery drawing for the lowest seniority of that date.

ARTICLE VIII - RESIGNATIONS When an employee desires to resign from a position, resignation in writing shall be presented to the appointing authority, and a copy of such resignation shall immediately be filed by the appointing authority with the Personnel Director. A resignation relates only to the specific position from which the employee is resigning and does not impair rights to other positions which said employee may hold on eligibility lists.

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ARTICLE IX - DISCIPLINARY ACTION AND APPEAL A. Causes for Suspension, Demotion, Dismissal Persons employed in the classified service may be suspended, demoted, or

dismissed for any of the following causes which are hereby designated as detrimental to the efficiency of the service:

1. Incompetency or inefficiency or insubordination or inattention to dereliction of duty or discourteous treatment of the public or of fellow employees, or any other conduct tending to injure the public service, or any violation or refusal to obey the provisions of the Education Code or rules, regulations, or procedures adopted by the Board of Education or the Personnel Commission; provided that specific instances of conduct must be set forth as to any of the causes enumerated under this heading.

2. Dishonesty or immoral conduct, or addiction to the use of narcotics, or possession of any restricted dangerous drug in violation of the law.

3. Reporting for work while intoxicated or consuming alcoholic beverages while on duty.

4. Political activities engaged in by an employee during his hours of employment.

5. Conviction of a crime by a court of law or a record of one or more

convictions which indicates that the person is a poor employment risk or failure to disclose material facts regarding criminal records or other false or misleading information on application forms or examination and employment records concerning material matters.

6. Frequent unexcused absences or tardiness.

7. Use of illness or injury leave for purposes other than those set forth in the Education Code or rules and regulations of this Commission.

8. Continuing illness of a disabling nature after the exhaustion of illness leave and leave of absence privileges.

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9. Failure to report for review of criminal records or for health examination after due notice. 10. Advocacy of overthrow of the Government of the United States or the

State of California by force, violence, or other unlawful means.

11. Knowingly becoming or knowingly remaining a member of the Communist Party on or after September 9, 1953.

12. The discovery of any physical, emotional, and/or mental

condition designated by rule of this Commission as unacceptable for the employee's classification.

13. Abandonment of position which is defined as failure to report for

work after written notice that such failure to report shall be deemed an abandonment.

No employee in the classified service shall be suspended, demoted, dismissed, or in

any way discriminated against because of affiliations, political or religious acts or opinions, race, color, sex, or marital status.

B. Progressive Discipline Except in situations where an immediate suspension is justified under provisions of

these rules, an employee whose work performance or conduct is of such character as to incur discipline shall first be specifically warned in writing by the immediate supervisor.

After written warning, if the employee continues to violate a cause, the employee

may then be suspended for up to thirty (30) days without pay. If the behavior warranting action continues, for the same cause or substantially

related cause, the employee may be subjected to other forms of disciplinary action, including demotion or termination.

C. Disciplinary Procedure When a regular employee is to be suspended, demoted, or dismissed, specific

written charges shall be prepared and presented for approval of the Board of Education.

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When formal disciplinary action has been approved by the Board of Education the procedure set forth in the Education Code shall be followed. The notice to the employee shall include a copy of the charges and a statement of the employee's right to appeal, if any, together with a copy of the appeal section of these rules and the appropriate Education Code sections.

Notwithstanding, the procedures prescribed above, an employee may be suspended

prior to Board approval at the discretion of the Superintendent, subject to later ratification by the Board within two (2) weeks. The procedures set forth in the Education Code shall apply to such suspensions.

Dismissal shall cause removal of the employee's name from all employment lists. Failure to appeal, as provided below, shall make the action of the Board of

Education final and conclusive. D. Appeal A permanent employee who has been suspended, demoted or dismissed may appeal

to the Personnel Commission within fourteen (14) calendar days after having been furnished with a copy of the written charges by filing a written answer to such charges.

A permanent employee who has not served the full probationary period for the

class and who is demoted to the class from which promoted may request an investigation by the Commission within fourteen (14) calendar days after receipt of the copy of written charges. The Commission shall conduct an investigation confined to the grounds set forth in the charges and in the request for the investigation, but shall not be required to follow the procedures for appeals and hearings set forth in these rules. The Commission shall notify the Board of Education and the employee in writing of its findings. If the Commission's investigation and findings, however, indicate any discriminatory action, the Commission may order a formal hearing. The decision of the Commission shall be binding on the Board of Education.

E. Hearing Procedure The Personnel Commission may conduct hearings of appeals or may appoint a

Hearing Officer to conduct the hearing and report findings and recommendations to the Commission as set forth in the Education Code.

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Neither the Commission or its Hearing Officer shall be bound by technical rules of evidence. Decisions made by the Commission shall not be invalidated by any informality in the proceedings. The decision of the Commission shall not be subject to review by the Board of Education.

The Personnel Commission or its Hearing Officer shall determine the relevancy,

weight, and credibility of testimony and evidence both written and oral. It shall base its findings on the preponderance of evidence. The hearing may, but need not, be recorded on a tape recorder or by a Certified Shorthand Reporter.

Each side will be permitted an opening statement (Board first) and closing

arguments (employee first). The Board shall first present its witness and evidence to sustain its charges and the employee will then present witnesses and evidence in defense.

Each side will be allowed to examine and cross-examine witnesses. Both the Board and the employee will be allowed to be represented by (legal)

counsel or other representative approved in advance by the Commission. The Commission or Hearing Officer may administer oaths, and shall, if requested

by the Board or the employee, subpoena and require the attendance of witnesses and the production of books or papers, and cause the depositions of witnesses to be taken in the manner prescribed by law for like depositions in civil cases in the Superior Court of this State.

The Commission, may, prior to or during a hearing grant continuances. The Commission or Hearing Officer may permit an amendment of the charges at

any time prior to the decision and the employee shall be given notice of the amendment and an opportunity to show that there will be prejudice unless the hearing is reopened to permit the introduction of additional evidence. If such prejudice is shown, the case shall be reopened to permit the introduction of additional evidence.

Whether the hearing is held in a public or closed session, the Commission, after it

concludes the hearing, may deliberate its decision with respect to appointment, employment, or dismissal in closed session unless the employee requests said deliberations to be in public. No persons other than members of the Commission, its counsel, and its staff shall be permitted to participate in the deliberations. If the

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Personnel Director or any staff is not serving full time for the Commission and/or was a witness in the proceedings, said individual(s) shall also be barred from the Commission's final deliberations.

The Commission shall render its decision as soon after the conclusion of the

hearing as possible, and in no event later than fourteen (14) calendar days. Its decisions shall be set forth which charges, if any, are sustained and the reasons therefore. A copy of the decision shall be delivered to the employee, or sent to the last known address by registered mail.

The Commission may sustain or reject any or all of the charges filed against the

employee. It may sustain, reject, or modify the disciplinary action invoked against the employee. It may not provide for discipline more stringent than that invoked by the Board.

The Commission order of decision will be filed with the Board of Education. If a

dismissal is not sustained, its order shall set forth the effective date the employee is to be reinstated, which may be at any time on or after the date of disciplinary action, and the Commission may order paid all or part of the employee's full compensation from the time of suspension, demotion, or dismissal. The Board shall reinstate the employee and authorize such compensation as the Commission directs.

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RULE VII WAGE AND SALARY PROVISIONS ARTICLE I - WORK PERIODS AND OVERTIME A. Workday and Workweek The workweek of a classified employee shall be forty (40) hours. The workday

shall be eight (8) hours. These provisions do not restrict the extension of a regular workday or workweek on an overtime basis when such is necessary to carry on the business of the District. Nothing in this section shall be deemed to bar the District from establishing a workday of less than eight (8) hours, or a workweek of less than forty (40) hours for all or any of its classified positions.

B. Overtime Defined Overtime is defined to include any time required to be worked in excess of eight

(8) hours in one (1) day and in excess of forty (40) hours in any calendar week. If the Board of Education established a workday of less than eight (8) hours, but more than seven (7) hours, and a workweek of less than forty (40) hours but more than thirty-five (35) hours for all of its classified positions or for certain classes of classified positions, all time worked in excess of the established workday and workweek shall be deemed to be overtime. (This provision is not intended to apply to properly designated part time positions with an assigned workday of less than eight (8) hours and a workweek of less than forty (40) hours, even though all such positions constitute all of the positions within a class.)

The Board shall provide the extent by which ordered overtime or overtime in case

of critical emergency is compensated. The Board shall provide for such compensation at a rate at least equal to time and one half the regular rate of pay of the employee designated and authorized to perform the overtime. The Board may declare overtime to have been necessary as a critical emergency and provide for cash compensation or compensatory time off at a rate less than the overtime rate.

Critical emergency as used in this section means a civil disaster or other such major

occurrence that requires the use of school employees to the detriment of the financial ability of the District to meet the requirements of this section.

For the purpose of computing the number of hours worked, time during which an

employee is excused from work because of holidays, sick leave, vacation,

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compensating time off, or other paid leave of absence shall be considered as time worked by the employee.

C. Classifications Exempt from Overtime Payment Notwithstanding the provisions of this section, the Board of Education may, with

the approval of the Personnel Commission, where applicable, exempt specific classes of positions from compensation for overtime in excess of eight (8) hours in one (1) day, provided that hours worked in excess of forty (40) in a calendar week shall be compensated on an overtime basis. Such exemption shall be applied only to those classes which the Board and Personnel Commission, where applicable, specifically find to be subject to fluctuations in daily working hours not susceptible to administrative control (such as security patrol and recreation classes) but shall not include food service and transportation classes.

D. Calculation of Fringe Benefits for Part Time Employees A classified employee who works a minimum of thirty (30) minutes per day in

excess of a part time assignment for a period of twenty (20) consecutive working days or more, shall have the basic assignment changed to reflect the longer hours in order to acquire fringe benefits on a properly pro-rated basis.

If a part time employee's average paid time, excluding overtime for which the

employee received compensation at a rate at least equal to time and one half, exceeds the average assigned time by fifty (50) minutes or more per day in any quarter, the hours paid per day for compensable leaves of absence and holidays in the succeeding quarter shall be equivalent to the average hours paid per working day in the preceding quarter, excluding overtime.

Except where vacation entitlement is accrued on the basis of actual hours of paid

regular service, vacation entitlement shall be based on the average number of hours worked per working day during the portion of the school year in which the employee is assigned to duty.

ARTICLE II - APPLICATION OF SALARY SCHEDULE A. Initial Placement All new employees shall be appointed at the hiring rate for the classification as

approved by the Commission. The hiring rate shall be the first step of the schedule

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unless the new employee has previous experience or training which qualifies for starting at the second or third step.

B. Step Advancement Employees placed on Step 1 of a range will advance to Step 2 on the first of the

month following completion of six (6) months of service in the class. Each succeeding step will be attained one (1) year from the preceding step. New employees placed above Step 1 of any range will advance on one (1) year intervals until the maximum step has been achieved.

C. Promotions An employee who received a promotion to a class allocated to a higher salary range

shall be placed on the first step that is next above the rate the employee received in the previous class. For the purpose of this rule, appointment of an employee to a class with a salary range equal to or below the current range shall not be considered a promotion and shall not warrant a salary increase; in such cases placement will be made on the same rate formerly earned by the employee, not to exceed the maximum of the range of the class to which appointed. The step placement on the new range shall not be less than that which the employee would have received if newly employed in that position and given credit for previous experience.

D. Placement When Demoted An employee who accepts voluntary demotion shall be placed on the step of the

range of the lower class which is closest to the rate earned in the higher class, provided that such shall not receive a salary increase thereby, and employee shall retain the anniversary date established in the higher class.

The order in an involuntary demotion shall specify the step of the schedule at

which the employee shall be placed. ARTICLE III - HOLIDAY PAY A. Recognized Holidays: January - New Years Day & Martin Luther King Day February - Lincoln Day & President's Day (Washington) March / April - Spring Break Day (Good Friday) May - Memorial Day

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July - Independence Day (2 days) September - Labor Day & Admission Day November - Veteran's Day & Thanksgiving (2 days) December - Christmas Floating Holiday - (1 day B. Eligibility All classified employees will be entitled to payment for authorized holidays,

provided that they were in a paid status during any portion of the working day immediately preceding or succeeding the holiday listed herein and/or every day appointed by the President, or the Governor of this State, for a public fast, thanksgiving holiday, or any day declared a holiday which the Board specifies shall be a holiday for classified or certificated employees.

Regular employees of the District who are not normally assigned to duty during the

school holidays of Christmas and New Years Day shall be paid for those two (2) holidays provided that they were in a paid status during any portion of the working day of their normal assignment immediately preceding or succeeding the holiday period.

When a holiday falls on a Sunday the following Monday shall be deemed to be the

holiday. When a holiday falls on a Saturday the preceding Friday shall be deemed to be the holiday.

When any classified employee is required to work on any of the holidays,

compensation shall be paid for such work at a rate not less than the normal rate of pay in addition to the regular pay received for a holiday.

Prior to July 1 of any school year, the Board may designate other days during such

year as the holidays to which classified employees are entitled to in lieu of the Lincoln Day and Admission Day holidays, providing that such designated days will provide for at least a three (3) day weekend. Classified employees shall be required to work on the regular holiday for which another day is designated pursuant to this section and for work of eight (8) hours or less be paid compensation at their regular rate of pay.

To be entitled to be paid holiday pay an employee must be in a paid status the days

preceding or succeeding said holiday or day designated as a holiday. If required to work on such holiday and compensation shall be paid at the rate of time and one half of the regular rate of pay in addition to the regular pay received for the holiday.

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ARTICLE VI - PAYROLLS A. Official Roster The Personnel Director shall maintain an official roster containing the names and complete employment records of all employees holding positions under the

provisions of the Act. B. Payroll Audit All payrolls or claims containing the names of any person or persons to be paid for

services rendered in positions subject to the provisions of the Act shall be submitted to the Personnel Director, who shall cause such payrolls or claims to be examined to determine whether the employees whose names appear thereon are employed in accordance with the law.

If, upon examination of a payroll or claim, the names, titles, periods for which

payments are to be made, and rates of pay of the persons to be paid are all found to be in accordance with the provisions of the Act, and the rules and regulations prescribed thereunder, and all statutes relating in any manner to employment, certification of that fact shall be made upon such payroll or claim by the Personnel Director or an authorized representative.

If, upon examination of a payroll or service report, it is found that any person

named thereon has been employed in violation of any provisions of the Act or the rules and regulations, notice of such violation shall be made upon such payroll or service report, and such notice shall serve as official notification of the Board of

Education and the County Offices that the drawing, signing, or issuing of any warrant on the Treasurer or other disbursing officer of the County for the payment of salary or compensation to such person is unlawful.

ARTICLE IV - DETERMINATION OF SALARY SCHEDULES A. Factors in Salary Determination The Personnel Director shall prepare recommendations for the allocation of classes

to salary schedules for approval by the Commission. These recommendations shall take into account the following factors:

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1. Wages and salaries paid for similar work in private industry in the recruitment area.

2. Wages and salaries paid by other governmental agencies which may be

in competition with the District in the labor market. 3. The principle of like pay for like work within the classified service.

4. Appropriate differentials between related classes to reflect differences in duties and responsibilities, as established in the classification plan.

5. Such other information as the Commission may require. B. Salary Studies Salary studies shall be made whenever a new class is created and when directed by

the Commission. Employees, employee representatives, or the administration may request a salary

study of a class or classes by directing a written communication to the Commission and setting forth the reasons for the study.

Data obtained in a salary study shall be made available to interested parties,

including employee organization representatives. The staff shall indicate its tentative recommendation to, and shall meet and confer with, employee organization representatives and District administration.

An effort shall be made to ameliorate all differences before recommendations are

submitted to the Commission. C. Salary Recommendations After making its findings, the Commission shall present salary recommendations to

the Governing Board for approval. The Board may approve, amend, or reject the recommendation, but may not alter the relationships among classes as established by the classification plan.

A salary recommendation shall be made each time a new class is created. Salary

recommendations at other times of the year shall be based on clear evidence that the class in question is substantially over or underpaid in relation to community rates or alignment with other classes. Nothing in this paragraph shall prevent adjustments in salary based on classified studies resulting from changes in duties and responsibilities, regardless of when such changes occur.

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By adoption of this rule, the Board reserves the right to increase or decrease salaries of classified employees at any time during the school year pursuant to Education Code Section 45162, in accord with its approval of the recommendations of the Personnel Commission.

D. Appeals of Recommendations An employee or employee's representative may appeal the recommendation of the

Personnel Director in regard to the salary of a class and shall have the opportunity to present a case in writing and orally at a regular meeting of the Commission. The administration shall have the same privilege.

If the Board desires reconsideration of salary recommendations, it may return the

recommendations to the Commission, which shall reconsider them at its next meeting. After reconsideration, the Commission will advise the Board of its findings and the reasons therefor.

ARTICLE V - BENEFITS FOR PART TIME EMPLOYEES Benefits for persons employed less than full time are to be provided as authorized in the Education Code, these rules, and the contract with the recognized bargaining unit for the classified employees of the District. ARTICLE VI - SUMMER SESSION APPOINTMENTS (Section A. Order of Appointments Item #7 added with a 1st Reading on 7-5-2011; 2nd Reading conducted on 8-2-2011. Appointment to summer assignments shall be made, so far as practicable, from employees regularly employed on a less than twelve (12) month basis. A person whose most recent evaluation is unsatisfactory shall not be eligible for summer employment. A. Order of Appointments Appointment for summer session positions shall be in the following order: 1. Permanent employees of the District.

2. Seniority in classification. 3. Least recent Summer Session experience.

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4. Fewest hours in a previous Summer Session appointment.

5. If all considerations above are equal, then the District has the right to make the selection for the position.

6. If additional personnel are required, regular District employees who

meet the qualifications for the positions may be appointed on the basis of seniority in the District.

7. Substitutes will only be utilized when all other qualified regular District classified employees are not available for summer assignments.

B. Summer Pay and Benefits Regular classified employees hired for summer session will be paid at the current

hourly rate assigned that position during the regular school year, subject to any salary adjustment given by the Board of Education. All rights and benefits, including vacation and sick leave shall accrue to any regular classified employee as a result of the summer session assignment.

Classified positions not covered by this section will be appointed on the basis of

seniority in the District.

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RULE VIII

MISCELLANEOUS PROVISIONS ARTICLE I - PROCEDURE FOR COMPLAINTS (GRIEVANCES) A. Intent of This Article The intent of this article is to establish an orderly procedure wherein employees

may be afforded timely consideration concerning their complaints. Although specific chronological steps and time lines are set forth in the procedure, it is recognized that the expedient settlement of complaints may dictate alteration of the procedures in certain situations. Under such circumstances, the Commission may determine if modifications are necessary in specific cases and order that they may be made. It is also the intent of this article to emphasize the need for employee complaints to be submitted through established chains of authority and for satisfaction of the complaint to be reached at the lowest possible level in that chain. If more than one (1) supervisor or administrator has cognizance of the employee's activities as they concern a complaint, all should participate as necessary at appropriate stages in order to ensure compliance with the intent of this article. The Personnel Director shall interpret the steps of the procedure as necessary and may make adjustments which are mutually satisfactory to all parties.

B. Purpose of the Procedure The grievance procedure is the medium through which permanent classified

employees may seek adjustment of complaints stemming from the belief of an employee that established rules, regulations, laws, or administrative procedures, have not been followed regarding working conditions and job relations, including the complaint of one (1) employee against another employee.

C. Informal Level Before filing a formal written grievance (complaint), the grievant shall attempt to

resolve it by an informal conference with the immediate supervisor. Both parties shall have the right to have an advocate present at the informal conference.

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D. Formal Level - Level I (See CSEA Collective Bargaining Agreement) Within twenty (20) business days after the occurrence of the act or omission giving

rise to the grievance, the grievant must present the grievance in writing on the appropriate form to the immediate supervisor.

This statement shall include the complaint, the circumstances involved, the decision rendered at the informal conference and the specific remedy sought. An extension of up to ten (10) days in the grievance filing date for Levels I, II, III, and IV shall be granted to the grievant if circumstances beyond the employee's control prevents filing within thirty (30) days. The immediate supervisor shall communicate the decision to the employee in writing within five (5) business days after receiving the grievance. If the immediate supervisor does not respond within the time limits, the grievant may appeal to the next level.

The grievant and the immediate supervisor may agree to a personal conference

within the above time lines. Both parties shall have the right to have an advocate present at the personal conference.

E. Level II In the event the grievant is not satisfied with the decision at Level I the decision

may be appealed on the appropriate form to the Assistant Superintendent within ten (10) business days.

This statement shall include a copy of the original grievance, the decision rendered,

and a clear, concise statement of the reasons for the appeal. The Assistant Superintendent shall communicate the decision within four (4)

business days after receiving the appeal. Either the grievant or the Assistant Superintendent may request a personal conference within the above time limits. Both parties shall have the right to have an advocate present at the personal conference.

If the Assistant Superintendent does not respond within the time limits, the grievant

may appeal to the next level. F. Level III If the grievant is not satisfied with the decision at Level II, it may be appealed

within ten (10) business days, on the appropriate form, to the Superintendent.

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This statement shall include a copy of the original grievance and appeal, the decisions rendered, and a clear, concise statement of the reasons for the appeal.

The Superintendent will communicate the decision to the grievant within ten (10)

business days following the receipt of the appeal. Either the grievant or the Superintendent may request a personal conference within the above time limits. Both parties shall have the right to have an advocate present at the personal conference. If the Superintendent does not respond within the time limits, the grievant may appeal to the next level.

G. Level IV If the grievant is not satisfied with the decision at Level III, within ten (10) business

days the decision may be appealed on the appropriate form to the Board of Trustees.

The appeal statement shall include a copy of the original grievance and appeals, the

decisions rendered, and a clear, concise statement of the reasons for the appeal. The Board shall review and investigate the appeal and, if requested, shall permit

the grievant and his advocate to address the Board in closed session on the matter. Said closed session hearing shall be conducted in the presence of the management parties at interest.

Not later than five (5) days after the second regularly scheduled Board Meeting

following receipt of the appeal, the Board will complete its review and investigation of the grievance and shall render a final decision on the matter, thus concluding the grievance procedure.

ARTICLE II - EMPLOYER/EMPLOYEE RELATIONS A. General Provisions The Board of Education, its agents, and the Personnel Commission, its officers and

agents, are governed, as are employees and employee organizations by Education Code Section 45100.

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B. Board Rules Any employer/employee relation rules for classified personnel adopted by the

Board, in accordance with the law, are hereto added and considered a part hereof. They shall apply in the same manner as if adopted by the Commission.

ARTICLE III - POLITICAL ACTIVITY A. Political Activity Freedom Every classified employee may, during off duty hours, participate in political

activities not specifically prohibited by the Education Code. B. Cause for Disciplinary Action Any employee may be disciplined for improper political activity which includes: 1. The use of any District property, equipment, or facility for any political purpose unless the use thereof is authorized by law for such purposes

and the employee has obtained prior required approval. 2. The use of any District property, equipment, or facility for any political purpose of the performance of any political act during regular hours of duty.

3. Engaging in active campaigning on behalf of any candidate, including employee, for public office, whether by speaking, soliciting funds or support, distributing handbills, or other activities during assigned hours of employment.

4. Attempting to gain any advancement or privilege under the Act or these rules through political activity.

C. Personal Candidacy Any employee may be a candidate for any political office and file for same without

suffering any loss of employment status in the District unless a violation of the provisions of these rules occurs.

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D. Leave of Absence An employee who files for a political office may request, and shall be granted, an

unpaid leave of absence which shall commence not earlier than one month prior to the concerned election and continue until the election processes have been completed insofar as employee's candidacy is concerned.

Such leave is required if the employee is a candidate for election to the Board of

Education. E. Election To Political Office An employee who is elected to a political office, the duties of which will clearly

conflict with the normal duty hours and assignment in the District, may request, and shall be granted, an unpaid leave of absence which shall commence on the date office is assumed and shall terminate not later than thirty (30) days after the last day of service in the elected office. Reelection to the same office or election to a different office which provides reasonable continuity of elected public service shall cause extension of the approved leave.

An employee granted a leave under this rule may be used as a substitute employee

during the period of the leave and will be placed on appropriate employment list(s) and notified that limited term employment may be offered.

F. Intent It is the Commission's intent and purpose in enacting these rules to allow

employees their lawful privilege of political freedom and activity, but to insure that political activities are not engaged in during normal duty hours and normal duty assignments. The District has a reasonable obligation to make certain that personnel are aware of their political rights and can exercise those rights and, at the same time, to insure that the employees do not wrongfully use their duty hours or District facilities for political purposes.

ARTICLE IV - NEW EMPLOYEE CLEARANCE A. Physical Examinations Every person being initially employed by the District, whether in a regular position,

as substitute, relief, limited term, or provisional employee, shall be required to comply with the provisions of the Education Code.

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Prior to employment, each person is required to submit adequate proof that a test for tuberculosis has been done and employee has been found to be free of active tuberculosis. This test must have been in recent time frame to be deemed medically still effective.

Maintenance, grounds and custodial workers are required to pass the pre-

employment physical, provided by the District, prior to appointment. B. After Employment Every employee is required to undergo an examination to determine freedom from

active tuberculosis at least once every four (4) years after employment. The District shall maintain adequate records on each employee which indicate

compliance with these rules and the law. C. School Bus Drivers In addition to any other examinations that may be required by these rules, school

bus drivers must have a valid school bus driver's certificate which requires a separate medical examination to meet the minimum medical requirements set forth by the Department of Motor Vehicles.

The District shall arrange for and defray the cost of the school bus drivers'

examination for its employees. D. Medical Review Board Any rejection for medical reasons of an eligible or of an employee who has been on

leave of absence may be appealed to the Commission. The Commission may employ outside medical experts to give a medical advisory

opinion. The Commission, based on evidence submitted and the advice of medical experts

to the Commission, shall determine whether or not the denial of the appointment or return from leave shall be sustained.

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ARTICLE V - CRIMINAL RECORDS CHECK A. Fingerprinting Every new employee shall submit to a criminal records check in accordance with

prescribed procedures, or shall forfeit eligibility for employment. The District will notify each employee where and when to report for fingerprinting. Fingerprinting shall be completed prior to employment.

B. Review of Criminal Records All Criminal Records Reports are to be treated as confidential. Any employee

charged with receiving and/or reviewing them who divulges information contained therein to an unauthorized person is subject to disciplinary action.

The Criminal Records Report from the California Bureau of Criminal Identification

and Investigation will be reviewed together with the person's application form. If there is a criminal record, the Personnel Director shall decide whether or not the person should be employed or retained in employment.

If the record discloses no information beyond that supplied by the person on the

application form, and applicant was accepted for examination and/or appointment, said applicant shall be considered employable.

If an employee is to be dismissed because of information disclosed on the Criminal

Records Report, or if the Personnel Director desires that an eligible be removed from an eligibility list because of such information, the Commission shall be notified of the recommended action and the reasons therefor.

If it approves the recommendation, the Commission shall notify the employee or

eligible of the action taken and contemplated and the reasons therefor. The Commission shall provide the person with an opportunity to appeal the decision in writing within ten (10) days of notification and may hold a hearing at its discretion. The decision of the Commission shall be final.

ARTICLE VI - AVAILABILITY OF PERSONNEL FILE Any member of the classified service may, by request, inspect their personnel file whether maintained by the Commission, in the District Office, or at a school or other District location.

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The employee's request for inspection shall be during a time not required to render service to the District unless it is impossible to arrange for such service during off duty hours, and the employee has the written permission of the immediate supervisor to be absent from work for a specified period of time and proper arrangements have been made to inspect the file. Prior to examination of the file, all of the following data shall be removed: ratings, reports or records which were obtained prior to employment with the District; were prepared by identifiable examination committee members; or were obtained in connection with a promotional examination. ARTICLE VII - PENALTIES/VIOLATIONS Any person who willfully or through culpable negligence violates any of the provisions of this article is guilty of a misdemeanor. It is also unlawful for any person to: 1. Willfully by oneself, or in cooperation with another, defeat, deceive, or obstruct

any person with respect to the right of examination, application, or employment under this article or Commission Rule.

2. Willfully and falsely to mark, grace, estimate, or report upon the examination or

proper standing of any person examined or certified under this article, or Commission Rule, or to aid in so doing, or make any false representation concerning the same or the person examined.

3. Willfully to furnish to any person any special or secret information regarding

contents of an examination for the purpose of either improving or injuring the prospects or chances of any person examined, or to be examined under this article or Commission Rule.