Alameda County Municipal Code Ch. 3.08 Civil Service System

A. Unclassified Civil Service Defined. The unclassified civil service of the county includes:

1. All officers elected by the people, and their chief deputies;

2. All assistants, deputies and other employees in the office of the District Attorney;

3. All appointive boards and commissions;

4. Members of the county board of education;

5. Law library trustees;

6. Members of the civil service commission;

7. All persons serving the county without compensation;

8. Not to exceed two confidential employees in the office of the board of supervisors.

B. Classified Civil Service Defined. All positions not specifically included by this chapter in the unclassified civil service shall be in the classified civil service.

(Prior admin. code §§ 3-1.01—3-1.02)

A. Regular and Temporary. Appointments to positions in the classified civil service shall be either regular or temporary.

B. Regular—How Made. Whenever a position in the competitive classified civil service is to be filled by a regular appointment, the appointing authority shall notify the commission of that fact, and the commission shall certify from the appropriate list the names of eligibles having the five highest scores on such list who have indicated that they are available for appointment.

C. Regular—Refusal Of. If a candidate refuses three offers of a regular appointment from the same eligible list, his name shall be moved to the last place on the list.

D. Candidate—Eligible List—Withdrawal. A candidate may file a written request with the commission that his name be withheld from certification, in which event he shall not be certified until he files a written request with the commission that his name be restored on the list if it is then in existence.

E. Appointments—Temporary—How Made. Whenever a position in the competitive classified civil service is to be filled by a temporary appointment the appointing authority shall notify the commission of the fact, stating the length of employment, and the commission shall certify the names and addresses of the three candidates standing highest on the eligible list for the class or grade to which such position belongs, who have filed with the commission a written request for temporary appointments, and the appointing authority shall appoint to the position one of the three persons certified to him.

F. Term Of. Temporary appointments shall not exceed a total period of five months for any one person in any one county department in any one fiscal year except when employed for the duration of a leave of absence.

G. Effect Of. During the time a person is occupying a position under a temporary appointment, he shall be eligible to certification for a regular appointment in the same manner as though he had not received a temporary appointment.

H. No Preference Rights. Employment under a temporary appointment, or under a temporary appointment for the duration of a leave of absence, shall give no right or preference to a regular appointment, and shall serve as no part of a period of probation.

I. New Position of Same Grade or Class. A person in any position in the classified civil service may be appointed to another position of no higher rate of compensation in the same class and grade without certification from an eligible list with the written consent of himself, and where the appointment is to another county department, then also with the written consents of the appointing authorities, the consent or consents being first filed with the county clerk and duplicate copies thereof being filed with the civil service commission.

J. Veterans Preferential Credit. Any person who has served in the armed forces of the United States during a war or campaign as defined by Section 18973 of the Government Code of the State of California and who has been discharged or released under honorable conditions, who shall become eligible for certification from eligible lists by attaining the passing mark established for the examination shall be given one of the following preferential credits which added to his rating on such examination shall constitute his total rating.

1. In entrance examinations: disabled veterans, 10 points; all other veterans, 5 points;

2. In promotional examinations: disabled veterans, 3 points; all other veterans, 1 point.

For the purpose of this subsection "disabled veteran" means any veteran as defined herein who is currently declared by the United States Veterans Administration to be ten percent or more disabled as a result of his service.

K. Classified Civil Service—Must Be from Eligible List. Each county or township officer, board or commission shall appoint from the eligible civil service list, except as otherwise provided in this section, for either permanent or temporary service, all assistants, librarians, deputies, clerks, attaches and other persons in the office or department of the officer, board or commission, as the number thereof is fixed, and from time to time changed by the board of supervisors.

L. Unclassified Civil Service—No Reference to Eligible List. Appointments to the unclassified civil service in their respective offices and departments shall be made by officers, boards and commissions without reference to the eligible civil service list.

M. Classified Civil Service—Without Reference to Eligible List. Each county or township officer, board or commission may appoint any person to fill a vacancy in the classified civil service in the office or department of the officer, board or commission whenever no examination has ever been held for the position or whenever there is no eligible civil service list for the position.

N. Without Reference to Eligibility List—Term of Appointment. Persons appointed pursuant to subsection M of this section shall serve until an eligible civil service list for the position is created and an appointment made therefrom, but in no event to exceed thirty (30) days after the eligible list is created.

O. Emergency. In case of an emergency where an appointment to fill a position in the classified civil service must be made forthwith and pending certification and appointment from the civil service eligible list, an appointment to fill the position may be made without regard to the civil service eligible list.

P. Term Of. Persons appointed pursuant to subsection O of this section shall serve only until an appointment from the appropriate eligible civil service list can be made, and in no case longer than ten days.

Q. Construction. Subsections M and O of this section shall not be construed as authorizing successive emergency appointments.

(Prior admin. code §§ 3-2.01—3-2.17)

(Ord. No. 2019-5, § 1, 3-12-19)

A. Removal, Suspension and Reduction—Order In Writing. Any officer or employee in the classified civil service may be removed, suspended or reduced in rank or compensation by the appointing authority, after appointment or promotion is complete, by an order in writing stating specifically the reasons therefor.

B. Order of Removal—Filing—Reply To. The order referred to in subsection A of this section shall be filed with the civil service commission and a copy thereof shall be furnished to the person to be removed, suspended or reduced. The employee may reply in writing to the order within ten days of filing with the civil service commission.

C. Appeal From. Any person removed, suspended or reduced in rank or compensation may within ten working days after presentation to him of the order of removal, suspension or reduction, make pursuant to subsections A and B of this section, appeal to the civil service commission from the order.

D. Hearing On—Affirmation Etc. by Commission. The commission shall within two weeks from the filing of an appeal commence the hearing thereof, and shall thereupon fully hear and determine the matter, and either affirm, modify or revoke the order. The appellant shall be entitled to appear personally, produce evidence, and to have counsel and a public hearing.

E. Finding and Decision of Commission. The findings and decision of the commission shall be certified to the official from whose order the appeal is taken, and shall forthwith be enforced and followed by him.

(Prior admin. code §§ 3-3.01—3-3.05)

A. Political Activities. The prohibitions and limitations on political activities contained in Government Code Sections 3202, 3203, 3204, and 3205 are hereby adopted and made a part of this code.

B. Ballot Measures Affecting Pay, Hours, Retirement, Civil Service or Working Conditions. To the extent that Government Code Section 3206 may be determined to apply to Alameda County officers and employees, an officer or employee shall not, during his working hours, solicit or receive political funds or contributions to promote the passage or defeat of a ballot measure which affect the rate of pay, hours of work, retirement, civil service or other working conditions of officers or employees of the county, and no person shall enter county offices and carry on such activities during working hours.

C. Penalty for Violation. Any officer or employee violating the provisions of subsection A, B or C of this section may be removed from office.

D. Discrimination Against Employees Prohibited. No person in the classified civil service or seeking admission thereto shall be appointed, reduced or removed, or in any way favored or discriminated against because of his/her political or religious opinions or affiliations, or because of race or national origin or sexual orientation, and, to the extent prohibited by law, no person shall be discriminated against because of age, sex or physical disability.

E. Sexual Discrimination. In the employment of persons in the service of the county where sex does not actually disqualify, and where the quality and quantity of service is equal, there shall be no discrimination in selection or compensation on account of sex.

F. Definition of Sexual Orientation. "Sexual orientation" means an orientation that is heterosexual, homosexual or bisexual.

(Ord. 96-75 § 1 (part): prior admin. code §§ 3-4.01—3-4.02, 3-4.04—3-4.07)