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April 18, 2014
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1.1 APPLICATION OF RULES
1.1.1 Statutory Authority for these Rules
1.1.2 Intepretation and Application of these Rules

1.1 APPLICATION OF RULES

1.1.1 STATUTORY AUTHORITY FOR THESE RULES: Article 6 (Merit System) in Chapter 5 of Part 25 in Division 3 of the California Education Code (commencing with Section 45240) provides the Personnel Commission with the right and responsibility for establishing rules and regulations 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.

1.1.1.1 The Rules and Regulations contained herein are established by the Personnel Commission pursuant to its authority under Education Code Section 45260; as well as other provisions of law made applicable to the classified service.

1.1.1.2 Since the implementation of new rules or amendments to existing rules can impact the Board, the Administration, and the classified employees, the Commission has hereby established the policy of submitting copies of all proposed rules, amendments to, or the deletion of existing rules to the exclusive bargaining representative(s) and the District Superintendent for their review and comments at least fourteen (14) calendar days prior to adoption by the Personnel Commission.

REFERENCE: 1. Education Code Section 45260
2. Government Code Section 3543.2

1.1.2 INTERPRETATION AND APPLICATION OF THESE RULES: The Commission recognizes that no set of rules can contemplate all possible combinations of circumstances affecting particular cases. These Rules are to be applied with consideration of their intent. However, specific and applicable provisions of the Rules shall not be waived, ignored, or superseded because of the special circumstances of particular cases. In instances where two 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 Director-Personnel Commission, subject to appeal to the Personnel Commission. The Commission is open to responsible suggestions to amend rules, which prove to be unclear, or subject to more than one interpretation. However, no rule amendment or new rule shall have retroactive application.

REFERENCE: Education Code Section 45260

1.1.3 GENERIC TERMINOLOGY: As used in these Rules, singular terms shall be construed to include the plural, and plural terms shall be construed to include the singular.
 


    
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