September 28, 2016
 Information & NewsDepartmentsPersonnel CommissionClassified Employee HandbookChapter 5   

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5.1 Recruitment
5.2 Examinations
5.3 Review & Protest of Examinations


5.1.1 ANNOUNCEMENT OF EXAMINATION: The Personnel Commission shall direct and administer the holding of examinations for the purpose of creating lists for the Classified Service. No examination announcement may be made and no part of any examination may be held for a new position until the Board has authorized the position duties and the Commission has completed the position classification including the establishment of minimum qualifications. Whenever it is necessary to fill existing or anticipated vacancies and an appropriate eligibility list does not exist (as determined by the Commission) the Personnel Commission shall announce each examination on an Employment Opportunities Bulletin, which shall be distributed to all employee work locations and community locations for at least ten (10) days. The Director-Personnel Commission may place advertisements in newspapers, trade and business journals or other media. The Director-Personnel Commission shall make every effort to notify community agencies and to ensure that organizations dealing with protected groups are notified of "open" or "open and promotional" examinations. Amended 10/18/94 The Employment Opportunity Bulletin shall contain the title of the class and shall include the following: Information concerning the location of employment, the expected number of vacancies, and other conditions of employment. A description of the scope of duties and responsibilities of the class. The qualifications and requirements of the class. The salary, benefits, and other compensation. The closing date for filing applications. The general content of the examination and the types of tests to be given. Such other information as will assist interested persons in fully understanding the nature of the employment and procedures necessary to participate in the examination.

REFERENCE: Education Code Sections 45260, 45261, 45272, and 45278


5.2.1 DETERMINATION OF EXAMINATIONS: The Personnel Commission shall determine the standards of proficiency to be required for such examination and determine whether the examination shall be: Open Competitive Promotional Promotional and Open Competitive with the Promotional list taking precedence Merged Promotional and Open Competitive

REFERENCE: Education Code Sections 45272 and 45284

5.2.2 OPEN COMPETITIVE EXAMINATIONS: The entry level classification (class lowest on the salary schedule) with the Classified Service of the District shall always have an open competitive examination and veterans' preference points shall be allowed as specified in Chapter 5.2.15. These examinations shall be open to all qualified applicants.

5.2.3 PROMOTIONAL EXAMINATIONS: Where an adequate field of competition exists within the District and examinations can reasonably be expected to result in three qualified ranks of eligibles, the field of competition may be limited to promotional applicants. Promotional examinations shall be restricted to probationary and permanent employees of the District and former employees on a valid reemployment list who meet the qualifications of the class. Probationary employees (defined as those employees who hold no permanency in any classification in the District) may take the exam but will not be able to be selected off of the promotional eligibility list until completion of their probationary period. Performance evaluations and employee development appraisals prepared by the immediate supervisor and reviewed by the employee, may be considered in evaluating an employee's general fitness for promotion.

REFERENCE: Education Code Sections 45260, 45261, and 45272

5.2.4 PROMOTIONAL AND OPEN COMPETITIVE EXAMINATIONS: Where an adequate field of promotional applicants does not exist or there is doubt as to its adequacy, the Director-Personnel Commission may advertise the examination among employees and the general public. Applicants shall be considered as a group in determining passing scores on the examination. This examination procedure shall result in a promotional and an open eligibility list. The promotional eligibility list shall take precedence when certifying eligibles. When the promotional eligibility list does not contain sufficient ranks of eligibles (defined as having fewer than three eligible and willing employees), certification of additional ranks shall then be made from the open list. Example: Only two eligible employees are on the promotional list and there is a valid open list. The two eligible employees on the promotional list will be merged with the existing open list and any veteran's and seniority points will be added to the eligible employees promotional list scores (with the total rounded to the nearest whole percent). The appointing authority will then interview the top three ranks of willing and able candidates off the newly combined Promotional/Open List.

REFERENCE: Education Code Sections 45260, 45261, and 45272

5.2.5 MERGED EXAMINATIONS: Upong the recommendation of the Director of the Personnel Commission, when an open competitive examination and a promotional examination for a particular class are held at the same time, the Commission may, prior to the examination, authorize certification for employment of candidates from the open competitive eligibility list before the promotional eligibility list has been exhausted, if the candidate on the open list has a higher score before adjustment for preferential credits than the score of the highest available candidate on the promotional list after seniority credit has been added.

REFERENCE: Education Code Section 45284

5.2.6 CONTINUOUS EXAMINATIONS: The Commission may designate examinations for specified classes as continuous examinations. Applications shall be accepted every working day and examinations shall be given as the need arises. If a Qualifications Appraisal interview is required, the interview panel may consist of two persons who may be employees of the District or the Commission, as designated by the Director-Personnel Commission. A candidate who is unsuccessful in an examination may not retake the examination for the same classification for a period of 90 calendar days.

REFERENCE: Education Code Sections 45273 and 45292

5.2.7 TYPES OF EXAMINATIONS: Examinations shall be conducted by the Commission's staff and shall be administered objectively and shall consist of test parts that relate to job performance. The parts may be any or a combination of any of the following: Written examination Practical demonstration of skill Evaluation of applicants' training and experience submitted on application materials Evaluation of training, education, and experience by a qualifications appraisal interview panel Instructional assistants are required to demonstrate proficiency in basic reading, writing, and mathematics skills up to or exceeding that required for high school seniors. Other tests of fitness determined by the Commission

REFERENCE: Education Code Sections 45260 and 45273

5.2.8 SCORING AND WEIGHING OF TESTS: All examinations parts shall be prepared under the direction of the Director-Personnel Commission who shall determine passing scores and assign relative percentage weights to each part. The procedure for setting percentage weights shall be impartial.

REFERENCE: Education Code Sections 45260 and 45261

5.2.9 QUALIFICATIONS APPRAISAL INTERVIEW EXAMINATIONS: If an examination requires the use of a Qualifications Appraisal interview panel, the Director-Personnel Commission shall assure that the following rules are followed: The panel shall consist of two or three persons and at least two persons are necessary to perform screening. An employee of the District or of the Commission may serve on an interview panel if that employee is not at the first or second level of supervision over a vacant position in the class for which the examination is being held. Unless specifically directed to evaluate candidates' technical knowledge and skills, the interview panel shall confine itself to evaluating general fitness for employment in the class. When the interview panel is directed to evaluate technical knowledge and skills, at least two members of the panel shall be technically qualified in the specified occupational areas under examination. Members of the Board of Education or Personnel Commission shall not serve on an interview panel. Interviews shall be electronically recorded and filed in the Commission Office. Scores achieved by the candidate on other parts of the examination shall not be made available to the interview panel. In no case will an oral or performance examination board be provided with confidential references on employees of the District who are competing in examinations. In interview panel examinations, ratings accorded competitors shall be expressed in percentages with 70% being the minimum qualifying rating. Ratings shall be made independently by each interviewer either before or after discussion with other interviewers. Ratings shall be made on forms prescribed by the Director-Personnel Commission, which shall be signed by the interviewer and be delivered to the Director-Personnel Commission or his/her representative. All final markings shall be made in pen. When a competitor is disqualified by a member of the Qualifications Appraisal Interview Board, the interviewer shall make a record of the reason(s) on the rating sheet. The ratings of the several members of the Qualifications Appraisal Interview Board shall be averaged to determine each candidate's final rating. If the majority of the rating panel gives a candidate a score of at least 70%, but the final averaged score is below 70%, the candidate shall be given a final rating of 70%. If the majority of the rating panel gives a candidate a score below 70%, but the final averaged score is above 70%, the candidate shall be disqualified regardless of the fact that his/her average rating may be 70% or more. If the panel consists of only two raters, the final score shall be the average of the two raters.

REFERENCE: Education Code Sections 45260 and 45273

5.2.10 EVALUATION OF TRAINING AND EXPERIENCE: If a part of the examination is an evaluation of the applicant's training and experience, the evaluation shall be individually and independently conducted by at least two members of a committee other than the interview panel. The scores of all applicants shall be listed in rank order. The Director-Personnel Commission shall determine and weigh the passing scores of the training and experience evaluation.

REFERENCE: Education Code Section 45260

5.2.11 ADMISSION TO EXAMINATION: Each applicant whose application has been approved shall be notified a reasonable time in advance of the time, date, and place of the examination, and such notice shall be the applicant's authority to take the examination. Each candidate must provide personal identification (with picture I.D.) at time of examination admittance in order to take the test. Amended 6/1/99

REFERENCE: Education Code Sections 45260 and 45261

5.2.12 EXAMINATION PROCEDURES: Competitors in any written test must take the test on the prescribed date unless approved by the Director-Personnel Commission. 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 have been marked and rated. The only exception to this rule shall be if the Commission maintains a computerized and automated test scoring system which will automatically and accurately score the exams of all competitors, and which has built-in safeguards to insure that an individual examination score cannot be falsely altered. A competitor in any examination who places an identifying mark upon test papers other than the identifying mark prescribed at the time of examination) or makes an attempt to disclose to others the identity of the competitor’s papers prior to the completion of the examination may be disqualified.

REFERENCE: Education Code Section 45260, 45261, and 45273

5.2.13 RATING REQUIRED: Candidates may be required to attain a designated minimum rating in each part or in combined parts of the selection process to qualify for participation in the next succeeding part.

REFERENCE: Education Code Section 45260, 45261, and 45273

5.2.14 SENIORITY CREDIT: Seniority credit shall be added to the final passing scores of candidates who have permanency with the District or who are on a valid reemployment list. A full year's credit shall be granted to employees whose regular position is assigned on less than a full calendar year basis or less than an eight hour day so long as the employee works more than 50% of the hours of the majority of the employees in the classified service. Seniority credit shall be considered as having been lost when the employee has been separated from employment for a period of 39 months or more. The following is the schedule of longevity credits allowed: Amended 10/5/94 and 6/1/99 .5 point for service through the first year but less than two years of years of service. 1.0 point after completion of the second full year of service but less than three years of service. 1.5 points after completion of the third full year of service but less than four years of service. 2.0 points after completion of the fourth full year of service but less than five years of service. 2.5 points after completion of the fifth full year of service but less than six years of service. 3.0 points after completion of the sixth full year of service and all years thereafter.

REFERENCE: Education Code Sections 45260, 45261and 45272

5.2.15 VETERAN'S CREDIT: Veteran's Credit is provided as follows: A veteran's credit is available for an individual who has served at least thirty (30) days of active duty in the United States Air Force, Army, Navy, Marine Corps, or Coast Guard between the dates listed below:

World War II......December 7, 1941 to December 31, 1946 
Korea.............June 27, 1950 to January 31, 1955 
Vietnam...........August 4, 1964 to May 7, 1975 
Persian Gulf......August 2, 1990 to February 28, 1992 Amended 10/5/94 
Global War on Terrorism.....September 11, 2001 to present Amended 4/3/07 In the case of all entrance examinations, only veterans with 30 days or more of service who become eligible for appointment by attaining the passing mark established for the examination, shall be allowed an additional credit of 5 points, which shall be added to the percentages attained in the examinations by the veterans. Veterans shall be placed on eligible lists and be eligible for appointment in the order and on the basis of the percentages attained by them in examinations after the credit of 5 points, or 10 points in the case of disabled veterans, is added. Veteran's credit is not available for examinations other than entrance examinations. Veteran's preference shall be granted for initial employment only. Amended 10/5/94

REFERENCE: Education Code Sections 45260, 45261, 45294, 45295, 45296

5.2.16 NOTICE OF FINAL SCORE: Candidates who qualify, shall be notified by the Personnel Commission's staff within fifteen (15) days after completion of the examination of their standing on the eligibility list. Candidates who do not qualify shall be notified within fifteen (15) days after completion of the examination.

REFERENCE: Education Code Sections 45260 and 45261

5.2.17 VIOLATION OF THESE EXAMINATION RULES/LAW: Whenever the Personnel Commission, after a public hearing, finds that any appointment has been made in violation of the Education Code provisions of the merit system, or these Rules as they apply to examination procedures, the Commission may order that no salary warrant shall thereafter be drawn to the employee so appointed after the date of the order, and such violation shall constitute grounds for the dismissal of the employee or employees guilty of such violation. Amended 6/1/99

REFERENCE: Education Code Sections 45310 and 45311


5.3.1 RETENTION OF ALL EXAMINATION RECORDS: Examination records, including test answer sheets, tape recordings of interviews and the rating sheets of each member of an oral interview panel shall be retained by the Personnel Commission for a period of one (1) year.

REFERENCE: Education Code Section 45274

5.3.2 EXAMINATION RECORDS SHALL BE CONFIDENTIAL: Examination records shall be confidential. Records, such as identifiable ratings of oral panel members and confidential references of previous employers shall not be available for review.

REFERENCE: Education Code Section 45274

5.3.3 AVAILABILITY FOR REVIEW: Examination records shall not be available to the public or any person for any purpose not directly connected with the examination and shall be considered confidential but shall, within reasonable time limits, be made available to a candidate or his or her representative.

REFERENCE: Education Code Section 45274

5.3.4 REVIEW OF RESULTS: Review of test segments shall be made during the five (5) days following notification. At the time of review the candidate may protest in writing, any part of the examination, outlining the basis for the protest and stating the remedy sought. No candidate may remove or copy information from the examination materials.

REFERENCE: Education Code Section 45274

5.3.5 FAILURE TO FILE PROTEST: Failure to review or file a protest with the Director-Personnel Commission within the review period shall constitute a waiver of the right to appeal that part of the selection process.

REFERENCE: Education Code Section 45260 and 45261

5.3.6 DIRECTOR-PERSONNEL COMMISSION SHALL REVIEW ALL PROTESTS: The Director-Personnel Commission shall review and act upon all protests. The Director may allow more than one (1) answer to a question or may disqualify a question if the protest is valid. If a protest results in any change, the test papers of all candidates will be reviewed and rescored accordingly.

5.3.7 APPEAL TO COMMISSION: The Director-Personnel Commission shall inform the candidate who has submitted the protest of his/her decision and notify the Personnel Commission. That decision shall be in writing and served in person or by certified mail (Return Receipt Requested) to the applicant. This requirement will be deemed to have been met if the Director's decision is sent certified mail to the last known home address on file in the Personnel Commission Office. Failure of the applicant to retrieve delivered mail, or respond to notifications by the U.S. Postal Service of attempted delivery shall not be grounds for voiding notification, or the staying of the timelines outlined in these rules. The responsibility for keeping the District informed of a home address is the requirement of the applicant. For purposes of this rule, if a notice is mailed, the second working day following the postmark date of the notice shall be considered to be the official date of receipt. Should the Director-Personnel Commission rule against the protest, that decision may be appealed to the Personnel Commission. However, the filing of such an appeal shall not stop or otherwise delay the selection (examination) process unless so ordered by the Personnel Commission. All correspondence mailed to applicants shall also be mailed to the Personnel Commissioners. Appeals to the Personnel Commission shall be submitted in writing to the Personnel Commission Office within three (3) working days of receipt of the decision of the Director-Personnel Commission. The Personnel Commission shall hold a hearing to hear the appeal of the applicant. The decision of the Personnel Commission shall be in writing and served on the applicant as outlined in Chapter 5.3.7. The decision of the Personnel Commission shall be final and binding on all parties. In promotional examinations for classes for which continuous examination procedures have not been authorized, the review and protest period shall be held prior to regular appointment from the eligibility list.

REFERENCE: Education Code Section 45274

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