3.1 The Classified Service
3.2 General Classification Rules
3.4 Occupational Hierarchies
3.1 THE CLASSIFIED SERVICE
3.1.1 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 of the District. All employees serving in the District's classified positions shall be classified school employees. The employees and positions shall be known as the Classified Service.
REFERENCE: Education Code Section 45256
3.1.2 EXEMPTION FROM THE CLASSIFIED SERVICE: Positions required by law to have certification qualifications, part-time playground positions, full-time day students employed part-time, part-time students employed part-time in any college work-study program or in a legally authorized work experience program conducted by a community college district, apprentices, community representatives (as provided by law), and professional experts employed on a temporary basis for a specific project by the Board of Education or by the Personnel Commission when so designated by the Personnel Commission shall be exempt from the classified service.
REFERENCE: Education Code Sections 45256 and 45258
3.1.3 "PART-TIME" DEFINED: A part-time position for the purpose of exemption under Personnel Commission Rule 3.1.2 is a temporary position for which the assigned time, when computed on an hourly, daily, weekly or monthly basis is less than eighty-seven and a half percent (87.5%) time of the normally assigned time for the majority of employees in the classification to which assigned, or the majority of the employees in the classified service, whichever amount of time is the lesser. Amended 4/6/99
REFERENCE: Education Code Sections 45256 and 45260
3.1.4 EFFECT OF EXEMPTION: Any position or employee totally exempted from the classified service by law shall be excluded from the benefits and burdens imposed by these Rules and Regulations, except as otherwise provided by law, the Board of Education, or these Rules and Regulations.
REFERENCE: Education Code Section 44065
3.1.5 PROFESSIONAL EXPERT ASSIGNMENTS - INDEPENDENT CONTRACTORS: Whenever the use of a professional expert assignment is being contemplated, the administration shall submit to the Director-Personnel Commission a description of the project, its duration, and the duties to be performed.
3.1.6 GENERAL DEFINITION: An Independent Contractor is an individual, company or corporation engaged in an independent business of its own; a separate enterprise or business that performs services on a fee or contractual basis. Individual Independent Contractors must be recognized as professionals requiring advanced degrees and membership in a professional society or professional organization, or persons that have special skills such as artists, musicians, entertainers, persons with professional recognition such as Staff Development Presenter, etc. A person with an employer-employee relationship with the District shall not be an Independent Contractor.
REFERENCE: Education Code Section 45256
3.1.7 EMPLOYMENT OF COLLEGE STUDENTS UNDER CERTAIN PROGRAMS: Full-time students employed part-time and part-time students employed part-time in any college work-study program, or in a work experience education program conducted by a community college district pursuant to Education Code Sections 51760 - 51770, and which is financed by state or federal funds, shall not be part of the classified service. The District may employ such students pursuant to the Education Code. Employment of either full-time or part-time students in any college work-study program, or in a work experience education program shall not result in the displacement of classified personnel or impair existing contracts for services.
REFERENCE: Education Code Sections 45256, 45260, 45261, 51760- 51770
3.2 GENERAL CLASSIFICATION RULES
3.2.1 ASSIGNMENT OF DUTIES: The Board shall prescribe the duties and responsibilities of all positions in the classified service except those in the Commission staff. When the duties being performed by an employee are found to be inconsistent with the duties officially assigned to a specific position, the Director-Personnel Commission shall report the facts to the responsible administrator in order that appropriate action may be taken.
REFERENCE: Education Code Sections 45109, 45241, 45264, and 45276
3.2.2 GENERAL CLASSIFICATION PLAN: The Commission shall classify all employees and positions within the jurisdiction of the Board or the Commission, except those positions which the Commission determines are exempt from the Classified Service pursuant to Chapter 3.1.2. The Commission shall maintain a classification plan for all positions. The employees and positions shall be known as the Classified Service. To classify shall include, but not be limited to:
22.214.171.124 Allocation of all positions to appropriate classes.
126.96.36.199 Arrangement of classes into occupational hierarchies (job families).
188.8.131.52 Determination of reasonable percentage relationships between classes within the occupational hierarchies.
184.108.40.206 Determination of reasonable percentage relationships between occupational hierarchies.
220.127.116.11 Preparation of written class specifications.
REFERENCE: Education Code Sections 45104, 45105, 45109, 45256
3.2.3 CLASS SPECIFICATIONS: All class specifications shall be considered by reference as a part of these Rules and are included in Appendix A of these Rules. For each class, the Personnel Commission shall establish and maintain a class specification, which shall include:
18.104.22.168 The class title.
22.214.171.124 A definition of the class, indicating the type of duties and responsibilities, as assigned by the District, and placement within the organizational scheme.
126.96.36.199 A statement of distinguishing characteristics which differentiates the class from other related or similar classes.
188.8.131.52 A statement of the examples of duties to be performed by persons holding positions allocated to the class. The Commission shall develop this statement from the list of duties presented to it by the Board of Education.
184.108.40.206 A statement of the minimum qualifications for service in the particular class. The minimum qualifications may include education, experience, knowledge, skills, abilities, personal and physical traits and characteristics.
220.127.116.11 A statement about any license, certificates, or other special requirements for employment or service in the particular class.
18.104.22.168 A statement about any physical requirements required of positions in the class.
22.214.171.124 A statement about any additional qualifications considered to be so desirable that any person applying for employment who possesses such qualifications may be given additional credit in the evaluation of his/her qualifications, even though such additional qualifications were not listed as a prerequisite.
126.96.36.199 Minimum qualifications shall not require a teaching, administrative, or other credential, nor may they require work experience, which would restrict applicants to credential holders. Titles may not be assigned that would restrict competition to holders of credentials.
188.8.131.52 The title of the class shall be used as the title of all positions in the class on payrolls submitted to the Commission for auditing and in the records and correspondence of the Commission and the Board of Education.
REFERENCE: Education Code Sections 45256, 45260, 45276, and 45277
3.2.4 INTERPRETATION OF CLASS SPECIFICATIONS: The class specifications and their various parts have the following force and effect:
184.108.40.206 The definition and typical tasks are descriptive and explanatory only and not restrictive, indicating the kinds of positions that should be allocated to the respective classes as determined by their duties, responsibilities, and qualification requirements and do not prescribe what these details shall be in respect to any position.
220.127.116.11 The use of a particular expression or illustration as to duties, responsibilities, qualification requirements or other attributes is typical or descriptive of the class and does not exclude others not mentioned but of similar kind and/or quality as determined by the Commission.
18.104.22.168 The specification for each class is considered as a whole in determining the class to which any position shall be allocated, giving consideration not to isolated clauses, phrases or words, but to the general duties, responsibilities, specific tasks and qualification requirements as affording a picture of the positions that the class includes.
22.214.171.124 Each class specification is construed in its proper relationship to other specifications, particularly those of classes in the same series in such manner as to maintain a proper relationship in the series in which the class is located and proper differentiation within the group of classes.
126.96.36.199 The following personal qualification requirements apply to all classes even though not necessarily specifically mentioned in the specification: freedom from communicable diseases; freedom from physical or mental impairment to perform the duties of the class to the extend under federal and state laws; dependability; good judgment; good moral character and reputation; loyalty; ability to work cooperatively with others; and willingness and ability to assume the responsibilities and to conform to the conditions or work characteristics of the particular position. Amended 4/6/99 and 4/3/07
188.8.131.52 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 tests and in the evaluation of the qualifications of candidates seeking appointment, but does not require a particular form or content of test or testing procedure.
REFERENCE: Education Code Sections 45256, 45260, and 45276
3.2.5 CREATION OF NEW POSITIONS: When the Board of Education creates a new position or approves a reorganization that modifies the duties and/or responsibilities of a classification or position, it shall submit the duties officially assigned to the classification/position, in writing, to the Director-Personnel Commission. The Board may recommend minimum educational and work experience requirements for the classification/position. The Director-Personnel Commission shall present recommendations to the Commission for action. The Commission shall:
184.108.40.206 Determine if the new position shall be a part of the Classified Service or exempt under Rule 3.1.2.
220.127.116.11 Classify the position and determine whether the position should be allocated to an existing class or whether a new class should be established.
18.104.22.168 If a new class is recommended, the Director-Personnel Commission shall set forth a proposed class specification setting out the title, duties as established by the Board of Education, qualifications, and other requirements of a class specification. The qualifications approved by the Commission must reasonably relate to the duties assigned to the position by the Board of Education.
22.214.171.124 The Commission shall recommend the proper salary placement on the appropriate classified salary schedule.
126.96.36.199 The Director-Personnel Commission shall notify the Board of the Commission's action.
REFERENCE: Education Code Sections 45109 and 45256
3.2.6 ALLOCATION OF POSITIONS TO EXISTING CLASSES: All positions which substantially consist of comparable duties, responsibilities, and qualifications shall be allocated to the same class.
REFERENCE: Education Code Section 45256
3.2.7 CHANGES IN DUTIES OF POSITIONS: Any substantial change in the duties of existing positions shall be promptly reported in writing to the Director-Personnel Commission, who shall conduct a review to determine whether the position should be allocated to a new or different class. Should a change in classification be warranted or necessary, the Director-Personnel Commission shall submit recommendations to the Personnel Commission for action.
REFERENCE: Education Code Sections 45256 and 45285
3.2.8 WORKING OUT OF CLASSIFICATION: Each classified employee should be required to perform the duties approved by the Board and classified by the Commission for the class to which the employee is assigned. Classified employees shall not be required to perform duties and responsibilities which are not fixed and prescribed for their positions unless reasonably related to the fixed duties for any period of time which exceeds five (5) days within a fifteen (15) calendar day period, except as provided by this Rule. An employee may be assigned to work beyond the scope of the duties normally assigned to the employee's position or reasonably related thereto provided that the employee's salary is adjusted as follows: Amended 4/6/99
188.8.131.52 When a regular employee in the classified service works in a higher classification for a period of time which exceeds five (5) days within a fifteen (15) calendar day period, the salary of the employee shall be adjusted upward to the entire period of working out of classification.
184.108.40.206 If an employee is required to perform duties which are not allocated to an existing class, the assignment shall be reported to the Director-Personnel Commission in writing so that a review may be conducted to determine the appropriate pay differential for the temporary assignment.
220.127.116.11 Request for differential pay for working out of class shall be submitted to the Director-Personnel Commission as soon as possible after the assignment has been made.
18.104.22.168 Working out of class assignments are designed for temporary situations and shall not be used to place an employee in a long-term or permanent assignment in a higher or different classification. No employee shall be assigned to work out of class for more than ninety (90) days in one fiscal year or for more than one assignment without the approval of the Personnel Commission. An example of the kind of exemption allowed by the Commission would be the temporary replacement of an employee on a long-term illness leave where the employee is assigned to work out of class for the duration of the absent employee's leave.
22.214.171.124 A claim for a pay differential for working out of class may be submitted by the employee or the supervisor. The Director-Personnel Commission will notify the supervisor upon receipt of a claim submitted by an employee.
126.96.36.199 A claim for pay differential for working out of class must contain a list of the assigned duties.
188.8.131.52 The Director-Personnel Commission shall review the duties assigned to the position and shall determine if the assigned duties are at a higher level and shall recommend an appropriate pay differential consistent with these Rules to the Commission.
184.108.40.206 If the Director's review determines that the assigned duties are not at a higher level, the Director shall notify the employee and the appropriate supervisor and present the findings to the Commission at the next regular meeting of the Commission.
220.127.116.11 These Rules shall not be construed as permitting an employee to refuse to perform duties legally assigned by authority.
REFERENCE: Education Code Section 45110
3.2.9 REVIEW OF POSITIONS: The Director-Personnel Commission 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 five years. If the Director finds that a position or positions should be reclassified, he/she shall advise the Administration of his/her findings. If the Administration verifies the duties of the position, or if the duties are not revised to fit within the current classification, the Director shall report his/her findings to the Personnel Commission for appropriate action. The Director-Personnel Commission shall also report the findings in cases where the review indicates that a change of classification is unwarranted.
REFERENCE: Education Code Sections 45256 and 45285
3.2.10 POSITIONS REQUIRING SPECIAL LANGUAGE OR SKILLS: The Board of Education may request that the Personnel Commission designate certain positions within a class or classes to require the holder of the position to possess a special skill, license, or language. The District must clearly set forth valid reasons for requesting such special requirements. The duties of the position must be the same as those for all other positions within the classification, except for this one special requirement. There can be only one special requirement for a position. Examples of special skills could include a position in the instructional assistant classification, which has a need for the incumbent to read, speak, and write a foreign language; an administrative secretary class where one position requires the use of shorthand skills; and a gardener classification where one position requires a pesticide certificate.
18.104.22.168 The Commission shall have the right to designate a differential salary rate to compensate incumbents in such special positions for their special skills. Such differential rates shall correspond to the salary schedule percentages between ranges (i.e. 2.5%, 5.0%, 7.5%, etc.).
22.214.171.124 An announcement calling for an examination for a class with position(s) containing special requirements will contain appropriate information and will indicate that successful candidates possessing the special skill will be given preference over other successful candidates, as authorized in Personnel Commission Rule 5.2.4, but only as to those specific positions.
126.96.36.199 When a vacancy occurs in a position which has approved special skill requirements, the position shall revert to the standard requirements unless the Board of Education states that the position should still possess the special requirements and the Personnel Commission concurs.
188.8.131.52 If a request to designate a position in a class as requiring a special skill is challenged, the Personnel 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.
184.108.40.206 Layoffs in classifications with positions established pursuant to this rule shall be conducted pursuant to Chapter 20.
REFERENCE: Education Code Section 45277.
3.2.11 CONFIDENTIAL DIFFERENTIAL: The Board of Education pursuant to Government Code Section 3540.1 may designate certain positions confidential. Employees filling positions designated confidential must, in the course of their regular duties, have regular access to, or possess information relating to, the District's confidential employer-employee relations. The Board of Education's determination to make a position "confidential" is subject to review by the Personnel Commission. The Personnel Commission does not have the right to overturn the Board's designation of a position as confidential, but has the right to inform the Board of its position regarding classification and relationships.
220.127.116.11 The Commission shall have the right to designate a differential salary rate to compensate incumbents in such confidential positions for the uniqueness of the position.
1. Education Code Sections 45241 and 45256
2. Government Code Sections 3540.1 and 3543.4
3.3.1 RECLASSIFICATION POLICY: The Commission shall maintain a system whereby classification review will be continuous. The Commission will conduct studies as it deems necessary to review classifications and maintain internal alignment in the Classified Service.
18.104.22.168 The period between January 15 and February 15 is designated as the window period for review of request for reclassification. During the open period any classified employee may request a review of the employee’s position. Upon making a request to the Personnel Commission the employee will be provided a position questionnaire approved by the Personnel Commission Office not later than the last working day prior to February 15. Deadline for return of reclassification request form is February 15.
22.214.171.124 The Personnel Commission will provide the District Human Resources Office with a copy of the completed questionnaire by February 20. The District shall review and comment on the questionnaire and return to the Commission prior to March 20.
126.96.36.199 Each request for review shall be analyzed by the Personnel Commission staff and a written preliminary report provided to the Commission prior to April 15. The preliminary report will be distributed and shall be reviewed prior to the second regular meeting in May by the Commission, the employee, employee organizations, and the District. All parties will have an opportunity to make oral or written remarks and comments regarding the preliminary report at a meeting of the Personnel Commission to be held in May.
The reports and comments will be considered and a final report submitted to the Commission prior to the second regular meeting of the Personnel Commission in June. Following the submission of the final report, the Personnel Commission will take appropriate action.
188.8.131.52 The basis for reclassification of a position shall be the gradual accretion or growth of duties. Recommendations as to gradual accretion will be made by the Director-Personnel Commission. The Commission shall be the final approving authority.
184.108.40.206 Requests for the reclassification study of a position may be initiated by an employee, the District Administration, or a recognized employee organization. Requests initiated by an employee or an employee organization shall include a listing of duties and a statement indicating the reasons the employee feels a reclassification is justified. Requests initiated by the District Administration shall include the above information as well as a statement by the employee's supervisor verifying the authorized duties of the position.
REFERENCE: Education Code Sections 45285, and 45285.5
3.3.2 EFFECTIVE DATE OF RECLASSIFICATION: Reclassification of a position or positions shall become effective on the date prescribed by the Personnel Commission, but shall not have retroactive effect. Changes in classification and salary resulting from the permanent reclassification of a position(s) shall be effective on the date established by the Personnel Commission.
REFERENCE: Education Code Sections 45285 and 45285.5
3.3.3 NOTIFICATION OF RECLASSIFICATION: Notification of a recommendation for the classification or reclassification of a position or employee shall be given to the employee(s) affected, their exclusive representative, the employee's supervisor, and the District Administration before the classification proposal is adopted.
REFERENCE: Education Code Sections 45256, 45260, 45268, 45285, 45285.5
3.3.4 RECLASSIFICATION OF VACANT POSITION: If a reclassification occurs to a vacant position, the position shall be filled through normal selection procedures.
3.3.5 EFFECTS OF RECLASSIFICATION ON INCUMBENTS: Whenever a position or entire classes of positions are reclassified the rights of incumbents will be determined in accordance with these Rules and Regulations.
220.127.116.11 Reclassification Upward: When all of the positions in a class are reclassified to a higher class, the incumbents of the positions who have been in the class for two (2) or more years may be reclassified by the Commission to the higher class. Amended 1-1-04.
18.104.22.168.1 When one or more within a class, but not all of the positions within that class, are reclassified upward, the incumbent(s) in the position who has a continuous employment record of two (2) or more years in one or more of the positions being reclassified may be reclassified by the Personnel Commission with the position. Amended 1-1-04.
22.214.171.124.2 In order for an incumbent to be reclassified to the higher class, the basis for the reclassification of the position must be the gradual accretion of duties and not a sudden change occasioned by a reorganization or the assignment of completely new duties and responsibilities. Determination as to the gradual accretion of duties will be on the basis of the guidelines provided by the Rules and Regulations of the Personnel Commission.
126.96.36.199.3 An employee who has been reclassified shall be ineligible for subsequent reclassification for a period of at least two (2) years from the date of the reclassification. Amended 1-1-04.
188.8.131.52.4 Those incumbents not able to be reclassified with their positions shall have an opportunity to compete in the Personnel Commission's selection process for promotion into the higher class.
184.108.40.206 Reclassification Equal or Lower: When a position or group of positions is reclassified to a class with a lower wage or salary range, the incumbent(s) shall be "Y" rated until such time as the salary in the lower class catches up to the salary at the time of the reclassification.
REFERENCE: Education Code Section 45285
3.3.6 DEFINITION OF GRADUAL ACCRETION: For purposes of these guidelines, two (2) or more years of regular service shall be interpreted to mean assignment for at least two (2) complete years within the class or position. Determination as to gradual accretion will be based on an analysis of data to be supplied by the division or school, as well as the Personnel Commission staff, regarding the following guideline factors: Amended 1-1-04.
220.127.116.11 The nature and scope of each identified change in duties and responsibilities.
18.104.22.168 The exact or approximate date the incumbent began the performance of the newly acquired duties and responsibilities.
22.214.171.124 The conditions which led to the association of the added duties and responsibilities with the subject position(s).
126.96.36.199 Evidence of the employee's performance of the added duties and responsibilities.
REFERENCE: Education Code Section 45285
3.3.7 EFFECT OF REEMPLOYMENT AND ELIGIBILITY LISTS: The reclassification of all positions in a class automatically changes the mandatory reemployment list (if any) for that class. The Personnel Commission shall also review the appropriateness of the current eligibility list for the class to determine whether or not it should be changed. Salary reallocations of classes shall have no effect on lists unless a specific finding to the contrary is made by the Commission. Amended 4/6/99
3.3.8 SENIORITY OF POSITIONS RECLASSIFIED
188.8.131.52 Any employee who is reclassified transfers their seniority into the new classification. Amended 4/6/99
3.4 OCCUPATIONAL HIERARCHIES
3.4.1 The Personnel Commission hereby establishes the following:
184.108.40.206 That the Classified Service is hereby divided into occupational hierarchies.
220.127.116.11 That hierarchies are, in turn, subdivided into class series. Class series are developed by vertically separating closely related classes into multiple levels. For example, Food Services Supervisor, Cook, Food Services Satellite Operator, and Food Services Assistant might comprise a food services series. The number of levels in a series is dependent upon class definitions. The number of levels within a class series should reflect substantive differences between jobs, which can be specifically defined. Amended 4/6/99
18.104.22.168 Changes in salary schedules should not be made in such a manner that the salary for a subordinate position could exceed the amount paid that position’s supervisor or so compact the salary schedule as to make promotions undesirable. Classification decisions, including salary placement, must be made with consideration given to the Classified Service as a whole; not just the impact on one classification or one occupational series. Amended 4/6/99