EDC §45108.5: (a) Senior management employee means either of the following: (1) An employee in the highest position in a principal district program area, as determined by the governing board, which does not require

(a) Senior management employee means either of the following: (1) An employee in the highest position in a principal district program area, as determined by the governing board, which does not require certification qualifications, and which has districtwide responsibility for formulating policies or administering the program area. (2) An employee who acts as the fiscal advisor to the district superintendent. (b) The maximum number of positions which may be designated as senior management positions shall be as follows: (1) For districts with less than 10,000 units of average daily attendance, two positions. (2) For districts with 10,000 to 25,000 units of average daily attendance, inclusive, three positions. (3) For districts with 25,001 to 50,000 units of average daily attendance, inclusive, 4 positions. (4) For districts with more than 50,000 units of average daily attendance, 5 positions. (c) This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240), as well as to districts which have not adopted the merit system.