Calaveras County Municipal Code Ch. 2.64 Personnel Regulations

Footnotes:

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Prior ordinance history: Ords. 1044, 1122, 1348, 1591, 1844, and 1981.

A. The definitions contained in this section shall govern the construction of this chapter and resolutions or orders relating to this chapter. The definition of a word applies to any of its variants.

B. The following terms shall have the meanings set forth in this section unless it is clearly apparent from the context that they are used in a different sense.

C. Terms in italics are themselves defined in this section.

1. "Affirmative action" means that the county is an affirmative action employer and is thereby committed to assure and promote equal employment opportunities for all.

2. "Applicant" means a person who has submitted an authorized written application for employment in accordance with this chapter. Receiving any recognition or status as an "applicant" does not guarantee county employment.

3. "Appointing authority" means a person or group having lawful authority to appoint or remove persons from positions in county service.

4. "Appointment" means acceptance of employment via offer of a position in the county service in accordance with this chapter.

5. "Bi-weekly salary" means a schedule of payment of wages, whereby payroll warrants are issued every other week. Such a system is based on a two-week cycle beginning at five p.m. Friday and continuing until five p.m. on the Friday two weeks later.

6. "Board" means the board of supervisors of the county.

7. "Bumping" means the authorized displacement of one county employee by another county employee, according to the provisions of this chapter.

8. "Call back right" means the opportunity to acquire reemployment after layoff or displacement from county service.

9. "CCEA" means the Calaveras County Employees Association.

10. "Certification" means the action by which persons on an employment eligibility list are certified by the county administrative officer as eligible for appointment and/or promotion to a position vacancy. Names shall be certified in writing via an approved referral document which is issued by the county administrative officer to the appointing authority. Certification to an employment eligibility list is in no way an offer of, or guarantee of, employment.

11. "Class" means a position or group of positions having such a degree of similarity that the same title, duties, qualifications and salary may be applied to each accurately and equitably.

12. "Classified employee" means an employee appointed other than by the board of supervisors.

13. "Code of ethics" means established guidelines which describe acceptable conduct for those employed in the county service.

14. "Compensation" means wages paid to an employee by reason of being in county service, but not remuneration given for expenses incidental to the job.

15. "Competitor" or "candidate" means an individual applicant who is taking part in a competitive selection process.

16. "Continuous service" means uninterrupted employment. Military leave of absence and leave of absence with pay do not constitute interruptions in service. Leave of absence without pay may or may not constitute interruption in service, as specified in the action authorizing the leave. Resignation, dismissal, layoff for lack of work or funds, or abolishment of position constitute interruptions in service, unless declared otherwise by the board, which retains absolute discretion in these matters.

17. "Counseling memo" means a memo issued to an employee at any time, which evaluates his or her work performance.

18. "County service" means all positions subject to regulation by the board and the status of a person occupying such a position.

19. "Day" means a period of time between any midnight and the midnight following.

20. "Demotion" means the change of an officer or employee from a position assigned to one salary range to a position assigned to a lower salary range.

21. "Department head" means the elected official or appointed chief of a discrete unit of county government, or the principal employee of a department having responsibility for the discharge of duties by law policy.

22. "Disciplinary action" means written reprimand, dismissal, demotion, reduction in compensation, suspension or any other punitive action taken for disciplinary reasons. The appointing authority, or a designated representative of that authority, may take disciplinary action against an employee with the approval of the county administrative officer.

23. "DSA" means the Deputy Sheriffs Association.

24. "Due process" requires that disciplinary acts be in written form in accord with applicable laws and policies and that the notice state and explain all charges, based on applicable records and other relevant information.

25. "Eligible candidate" means a person who has passed all examinations for a class and whose name is on an employment eligibility list.

26. "Eligibility date" means the date on which an employee may be awarded a step raise.

27. "Employee" means a person occupying a position in county service, excluding elected officials.

28. "Employment eligibility list" means a list of persons who have successfully completed an approved competitive examination process and are thereby eligible for appointment.

29. "Entry level position" means a position which has minimum qualifications and may not require previous work experience.

30. "Exempt class" means all positions of elective officials and appointive department heads, and those specifically designated by resolution of the board to be exempt from classification.

31. "Exit interview" means the requirement that all employees leaving county service be interviewed by the county administrative officer or designated representative.

32. "Extra-hire" means any employee who is employed for work of a seasonal, part-time or emergency nature, or to fill a short-term vacancy in a regular authorized position. Extra-hire staff are not eligible for any benefits normally awarded to permanent county employees, and may not acquire seniority rights. An extra-hire employee is an at-will employee and may be terminated without cause. An extra-hire employee is restricted to working not more than one thousand hours per fiscal year unless the extra-hire employee is a PERS retiree. A PERS retiree is restricted to working not more than nine hundred sixty hours per calendar year.

33. "Extra-hire position" means a position authorized for the purpose of covering seasonal or emergency work loads of limited duration, vacation relief or other situations involving a fluctuating staff. Such a position is temporary and can be terminated at any time by the appointing authority.

34. "Fiscal year" means the period from July 1st through the following June 30th.

35. "Hourly rate" means the amount of individual compensation for a full hour's service, as set forth in a basic salary schedule.

36. "Immediate family" means a spouse, child, grandchild, son-in-law or daughter-in-law, parent, grandparent, sister, brother, sister-in-law or brother-in-law, mother-in-law or father-in-law or any relative living in the household of an officer or employee.

37. "Just cause" means the conduct or conditions existing which justify and are reasonable with regards to imposing discipline on an employee.

38. "Intermittent employee" means a regular employee who is assigned fluctuating hours of work depending on the needs of the department.

39. "Layoff" means the termination of employment without prejudice, because of lack of funds or work, because of changes of duties or reorganization, or in order to permit reinstatement of another employee under certain specific conditions.

40. "Leave of absence" means an approved absence from duties, with or without pay, authorized by the appropriate authority.

41. "Limited term" or "limited term position" means an employee or job vacancy utilized to perform a specific mission in a given period of time due to special needs or pursuant to a special program as adopted by the board of supervisors. Limited term positions may be established by the board of supervisors based on departmental needs and available funds. Such positions are established as part-time or full-time positions with benefits but do not allow the incumbent to acquire permanent status due to the limited term nature of the position. The intent of the limited term position is to establish a position with an anticipated ending or position elimination date. A limited term position carries with it no service credit, seniority or guarantee of continued employment. A limited term employee is an at-will employee and may be terminated without cause.

42. "Memorandum of understanding" means the approved agreement negotiated between the county and a recognized employee bargaining unit which addresses employment issues, including those relating to wages, hours and conditions of employment.

43. "Minimum qualifications" means the minimum qualifications of education, experience, ability, knowledge, licenses and other requirements set by the board for entrance examinations, appointments or promotions.

44. "Month" means any given calendar month.

45. "Officer" or "county officer" means an officer named in Section 24000 of the California Government Code and such others as provided by law.

46. "Officials," "elected officials" or "county officials" means those persons who are occupying positions normally filled by election.

47. "Open examination" means a competitive examination open to all applicants who file a county employment application.

48. "Open recruitment" means a job recruitment established to secure the application of any interested person who believes he or she may meet established qualifications and requirements.

49. "Ordinance," as specified in this section, means the ordinance establishing the system of personnel administration for the county, as amended from time to time, codified in this chapter.

50. "Overtime" means time worked in excess of the established work day or work schedule.

51. "Part-time employee" means a regular employee who is regularly assigned to work a specific number of hours less than a normal full-time schedule.

52. "Permanent employee" means an employee appointed to an authorized position and who has successfully completed his or her probationary period.

53. "PERS" means the Public Employees Retirement System.

54. "Position" means a specific office, employment or job calling for the performance of certain responsibilities by one individual, on either a full-time, part-time or temporary basis.

55. "Principal assistant" means the person, with delegated authority to act on behalf of an elected department head in his or her absence, inclusive of undersheriff, chief deputy auditor-controller, the deputy treasurer/tax collector and the assistant assessor.

56. "Probationary employee" means an employee who has been appointed to a budgeted county position, but who has not completed the probationary period set forth in this chapter and as such does not have permanent status in the position in which he or she is employed. A probationary employee is an at-will employee and may be terminated without cause.

57. "Proctor" means a county employee who is charged with supervising a county exam. Assignment of proctors may be done by the appropriate appointing authority with the approval of the county administrative officer or designated authority.

58. "Promotion" means the advancement of a permanent county employee to a position of higher classification and wage rate.

59. "Promotion list" means a list of current county employees who have passed a promotional examination for a class in the classified service.

60. "Promotional only recruitment" means a job recruitment limited to permanent county employees.

61. "Provisional" means the status of an otherwise qualified employee who was appointed in the absence of normal hiring procedure when approved by the board of supervisors. Provisional position appointments do not allow the employee to acquire seniority or seniority rights in county service nor permanent status. A provisional employee is an at-will employee and may be terminated without cause.

62. "Raise" means an increase in salary.

63. "Range" means a sequence of salary steps (or salary rates) used to identify the minimum, intermediate and maximum salary rates paid to employees within a class.

64. "Reclassification" means an action taken by the board of supervisors changing the description of duties and responsibilities of a position.

65. "Reduction in force" (RIF) means the layoff of one or more persons caused by the abolishing of a position or group of positions.

66. "Reemployment" means a return to county employment status.

67. "Referral" means the list of names referred by the county administrative officer to the appointing authority for hiring consideration. Such names are certified by the county administrative officer as eligible for hire and meeting position qualification requirements as established by the board of supervisors and/or county administrative officer.

68. "Regular," when applied to a position or employee, either full-time or part-time, means a permanent, year-round basis of employment with a regular schedule of time worked per pay period. It excludes extra-hire positions and extra-hire employees.

69. "Reinstatement" means restoration of a former permanent employee to a class in which status was formerly held, without the requirement of a recruitment/exam process or current status on an active employment eligibility list.

70. "Salary steps" means the five salary rates notated as "A" through "E" that make up an approved salary range and which also establish the minimum and maximum paid for a given employment classification.

71. "Selection procedure" means the process of testing, evaluating and/or investigating the fitness and qualifications of applicants based on procedures set forth in this chapter.

72. "Seniority" means the amount of time recognized as spent in county employment status.

73. "Separation" means any termination of employment. Termination may include death, discharge, layoff, resignation or retirement.

74. "Service credit" means time earned in paid employment status which is used to determine employment seniority.

75. "Skelly hearing" means the hearing afforded to permanent employees in accord with substantive and procedural due process requirements.

76. "Step" means one of five lettered (A, B, C, D, or E) salary rates provided within each range. Initial employment with the county will be at step A of the salary range, except the board of supervisors, in its discretion, may approve placement at an advanced step.

77. "Step raise" means an advancement to the next higher step within a range.

78. "Suspension" means an order by which an employee is relieved from duty without compensation for a specified period of time, during which such employee would otherwise be required to work by the terms of his or her employment.

79. "Title" or "class title" means the name given to a class or position within a class.

80. "Transfer" means either movement from one position to another within the same job classification but to another department, or movement from one position to a position in another classification with the same pay range.

81. "Underfilling" means the process by which a position classification is filled from an employment eligibility list for a related lower classification.

82. "Validated test" means a test which meets federal, state and other applicable standards for specific criteria designed to eliminate discrimination and/or adverse impact.

83. "Week" means a period of seven consecutive days.

84. "Y-rate" means a salary rate for an individual employee which is greater than the established range for his or her class. This may be caused by reclassification, reduction in force or other administrative acts.

(Ord. 2251 § 1, Exh. A(part), 1992).

This chapter shall apply to all officers and employees of the county, regardless of the time of creation of the office or the appointment of the officer or employee. Should a conflict arise between a formal memorandum of understanding and the ordinance codified in this chapter, the memorandum of understanding will take precedence over the ordinance codified in this chapter.

(Ord. 2251 § 1, Exh. A(part), 1992).

The head of each department and office shall have the authority to employ all necessary personnel, as authorized by the board, subject to compliance with this chapter, any procedures adopted by the board, the resolution establishing an affirmative action program (as amended), and federal and state law.

(Ord. 2251 § 1, Exh. A(part), 1992).

The county administrative officer (CAO), appointed by the board of supervisors, shall be responsible for the administration of this chapter, except as otherwise specifically provided in this chapter; shall draft and direct the enforcement of personnel policies established by the board; and shall specify such administrative procedure, forms, records, reports and audits necessary for the proper administration of the chapter. Personnel files shall be maintained according to federal guidelines on confidentiality, and will be available to the employee and other authorized persons at all reasonable times. The CAO may assign to other county officers such duties in connection with this chapter as deemed proper and expedient.

(Ord. 2251 § 1, Exh. A(part), 1992).

The CAO may delegate to a subordinate, including the county personnel officer, any power, duty or function which has been delegated to him or her by this chapter or by the board, unless otherwise provided by board rule or law. Unless otherwise expressly provided, whenever a power is granted to, or a duty imposed upon, an appointing authority, the power or duty may be delegated to a subordinate.

(Ord. 2251 § 1, Exh. A(part), 1992).

The CAO, upon the written request of the appointing authority, is authorized to fill budgeted vacant positions at step A in county service from the appropriate employment eligibility list of qualified candidates maintained by the county administrative office. If there is no list, the CAO must develop a list from that pool of candidates who successfully complete the established recruitment and testing process for that classification. The CAO may refer to the appointing authority, using the authorized county referral form, the top three to five qualified candidates on the list. The appointing authority shall give equal consideration to each candidate and shall select and appoint that candidate, who, in the judgement of the appointing authority, best meets agency needs.

(Ord. 2251 § 1, Exh. A(part), 1992).

A department head may temporarily employ extra help from an established employment eligibility list maintained by the personnel office, and shall have the power to terminate such extra help from employment with the county whenever the department head determines such termination to be necessary. Use of temporary help shall be predicated upon the department having the funds to pay for temporary staff. Extra-hire employees shall not be entitled to step advances, vacation, sick leave, seniority rights or other employee benefits. Any candidate selected to fill an extra-hire position must have his or her name certified on a valid employment eligibility list for permanent county positions in order to be eligible for appointment to a permanent county position.

(Ord. 2251 § 1, Exh. A(part), 1992).

Extra-hire staff are restricted to appointment at the "A" step of the applicable salary range, unless otherwise authorized by the CAO.

(Ord. 2251 § 1, Exh. A(part), 1992).

A vacant position may be filled by a person in the same or a related class at a lower salary range upon approval of the CAO.

(Ord. 2251 § 1, Exh. A(part), 1992).

It is the mandatory duty of each appointing authority to keep, or cause to be kept, accurate records reflecting the application of the rules set forth in this chapter. Such records include documentation of applicant selection/interview actions, employee counseling sessions, disciplinary actions and performance evaluations.

(Ord. 2251 § 1, Exh. A(part), 1992).

All officers and employees of the county shall aid in carrying into effect the rules adopted in this chapter.

(Ord. 2251 § 1, Exh. A(part), 1992).

There shall be no discrimination against any employee or applicant because of race, creed, color, religion, sex, national origin, age or physical or mental impairment. Calaveras County is an equal opportunity employer.

(Ord. 2251 § 1, Exh. A(part), 1992).

These rules shall be the county's affirmative action program.

(Ord. 2251 § 1, Exh. A(part), 1992: Ord. 1044 § 200.12, 1978).

The rules set forth in this chapter shall at all times be construed in a manner consistent with the provisions of all federal laws and regulations.

(Ord. 2251 § 1, Exh. A(part), 1992: Ord. 1044 § 200.13, 1978).

No person shall be appointed to a position if he or she fails to meet the minimum qualifications. Except as otherwise provided in this chapter, no employee shall be assigned to perform the duties of any class other than that to which his or her position is allocated, except for a temporary assignment necessary to the operation of the department as approved by the board of supervisors and/or the CAO.

(Ord. 2251 § 1, Exh. A(part), 1992).

A. All appointed officers and employees are subject to the appropriate provisions of the Government Code relating to political activities. An activity which is financed in whole or in part by loans or grants made by the United States or a federal agency is subject to the provisions of Sections 1501-1508, Title 5, United States Code.

B. Employees of the county are further prohibited from using county work time, county-owned or county-controlled property, or a county uniform for political activities.

(Ord. 2251 § 1, Exh. A(part), 1992).

With respect to the classified service, there is to be established by resolution, a classification system and related salary schedule which shall set forth:

A. A classification of every position which is to be a part of the classified service;

B. A class title for each class;

C. A definition of the scope of the duties and responsibilities of each class;

D. The salary range or rate for each class;

E. The salary for each of the five steps within a particular range;

F. The hourly equivalent of step A for each salary range.

(Ord. 2251 § 1, Exh. A(part), 1992).

The board of supervisors shall adopt by resolution a set of rules and procedures governing benefits and working conditions.

(Ord. 2251 § 1, Exh. A(part), 1992).

Every position in county service shall be allocated to the appropriate class in the classification system's salary schedule. The allocation of a position to a class shall be determined by the duties and responsibilities of the position (a job analysis), and shall be based on the principle that positions shall be included in the same class if:

A. They are sufficiently similar in respect to duties and responsibilities that the same descriptive title may be used;

B. They demand substantially the same requirements as to education, licensure, experience, knowledge, skills and abilities to ensure successful performance;

C. Substantially the same test of fitness may be used in choosing qualified appointees;

D. The same schedule of compensation can be equitably applied.

(Ord. 2251 § 1, Exh. A(part), 1992).

A. The CAO shall make classification studies of proposed additional or presently authorized positions in the classified service when:

1. Authorization for a new position is indicated;

2. Directed to do so by the board;

3. The CAO identifies the need for a review of an existing position or group of positions in a department or group of departments. In all such cases, the CAO may, at any time, secure from an appointing authority, department head, employee involved or other appropriate individual new statements of the duties and responsibilities of the position or positions under consideration. The CAO may also authorize a job analysis, department study or other methodology to ascertain such information.

B. During the budget preparation cycle, each appointing authority shall promptly report to the CAO the need for new positions and shall report material changes in the duties of any position, so that new positions and positions whose duties have been materially changed may be classified and allocated.

C. It is the responsibility of the appointing authority to ensure that unauthorized work out of class does not occur at any time.

(Ord. 2251 § 1, Exh. A(part), 1992).

A. From time to time as it deems necessary, the board may establish additional classes, and divide, combine, alter or abolish existing classes.

B. When such actions are taken, the board shall determine in each instance whether positions affected are to be reallocated to another class or classes, after taking into account the duties and responsibilities, qualifications, performance standards and other related criteria before and after the change, and shall determine the status of the probationary and regular employees affected.

(Ord. 2251 § 1, Exh. A(part), 1992).

A. The CAO shall establish recruiting procedures and techniques which, within practical limitations of budget and time, will secure qualified individuals as applicants and/or candidates for employment in county service. Such recruiting procedures and techniques shall conform with all laws, regulations, and county provisions.

B. The CAO may authorize a recruitment to be established as either (1) promotional only recruitment, or (2) an open recruitment.

(Ord. 2251 § 1, Exh. A(part), 1992).

The CAO shall direct the preparation of announcements for employment selection procedures. Each announcement shall state:

A. The duties and salary range of the class;

B. The place and date to file applications;

C. Such additional information as may be appropriate.

(Ord. 2251 § 1, Exh. A(part), 1992).

The CAO, after consultation with the department head, if appropriate, shall determine whether the area of recruitment shall be within county service or such area beyond the county as deemed proper.

(Ord. 2251 § 1, Exh. A(part), 1992).

All applications must be filed in the county administrative office within the time and in the manner specified in the announcement provided for in this section. The time for filing applications may be extended with the approval of the CAO. A separate and complete application shall be necessary for each classification for which a selection procedure is held. All applications shall be signed. Under no circumstances will applications be returned to the applicants. However, supporting documents submitted with the applications may be returned to applicants at their request.

(Ord. 2251 § 1, Exh. A(part), 1992).

The names of applicants for an examination and the names of those who failed an examination shall be kept as confidential records.

(Ord. 2251 § 1, Exh. A(part), 1992).

Each applicant shall be notified of the approval or disapproval of his or her application in such manner as may be prescribed by the CAO.

(Ord. 2251 § 1, Exh. A(part), 1992).

Focused recruitment may be undertaken where there is a particular need to recruit minorities, women, and candidates with special qualifications such as language skills, appropriate licensure, required certificates, etc. A focused recruitment may also be undertaken to ensure that county employees have promotional opportunities within county service. Such an effort will normally be done via a promotional-only recruitment.

(Ord. 2251 § 1, Exh. A(part), 1992).

The CAO or his or her designee shall schedule selection procedures according to current and anticipated needs, with due consideration to current departmental workload. Scheduled selection procedures may be postponed or cancelled, or the closing date extended by the CAO or county personnel officer by appropriate notice.

(Ord. 2251 § 1, Exh. A(part), 1992).

A. Selection procedures shall be competitive. Such procedures shall be intended to test and determine fairly competitors' qualifications, including knowledge, skills and abilities to perform the duties of the classification to which they seek appointment. This may include a validated written and/or oral interview exam. Selection procedures may vary due to departmental needs and other administrative needs, including procedures which consider only candidates "best" qualified at the time the testing process is being done. Certification of eligibility for employment is specific to each list and does not transfer from list to list.

B. Certification as an eligible candidate on an employment eligibility list for a given classification is valid only as long as that specific list is valid. Validity of a list is established by the CAO. A candidate may be certified as eligible for a given classification at one time and be not certified as eligible for the same class on a later list due to the competitive nature of that later recruitment.

(Ord. 2251 § 1, Exh. A(part), 1992).

A. The CAO shall establish minimum standards for determining the qualifications of applicants for each class or position and for temporary appointments. This shall be done by a process approved by the personnel officer which includes review of the duties and responsibilities of the position.

B. Minimum qualification standards may be established and must reasonably relate to successful job performance in the class in which an applicant seeks employment. The CAO may require necessary documentary evidence of citizenship, honorable discharge from the armed forces of the United States, possession of valid licenses for various purposes, including the right to work in the United States, or other evidence of identification and qualifications.

(Ord. 2251 § 1, Exh. A(part), 1992).

The CAO may refuse to examine or, after selection procedures, may refuse to declare as eligible, or may withhold or withdraw certification prior to appointment, anyone who comes under any of the following categories:

A. Lacks any of the minimum qualifications established for the examination or position for which he or she applies;

B. Is addicted to the use of intoxicating beverages;

C. Is addicted to the use of narcotics and/or habit-forming drugs;

D. Has been convicted of a felony, or of a misdemeanor involving moral turpitude;

E. Has engaged in infamous or notoriously disgraceful conduct which could have adverse impact on the county or its business;

F. Has been dismissed from any position for any cause which would be a cause for dismissal from county service;

G. Has resigned from any position not in good standing or in order to avoid dismissal;

H. Has attempted to practice any deception or fraud in his or her application, in the selection procedure or in securing eligibility;

I. Has failed to reply within a reasonable time, as specified by the CAO, regarding his or her availability for employment;

J. Has made himself or herself unavailable for employment by requesting that his or her name be withheld from certification;

K. Is, in accordance with board rules or other applicable laws and regulations, found to be unsuited or not qualified for employment.

(Ord. 2251 § 1, Exh. A(part), 1992).

A. In the event an applicant is unable to appear at the designated time and place for the prescribed examination, he or she must forego the competition on that selection procedure unless he or she submits in writing a verifiable reason for inability to appear which is determined to be sufficient by the CAO.

B. In the event of excusable inability to appear, the CAO may grant, but is not obligated to grant, an extension of time in which to take the prescribed exam, provided that such extension shall not exceed five working days from the date of the original exam.

(Ord. 2251 § 1, Exh. A(part), 1992).

The proctor of a written test is authorized to decide whether an applicant who arrives late may be admitted to the written test.

(Ord. 2251 § 1, Exh. A(part), 1992). Ord. 1044 § 500.06, 1978).

When a selection procedure has been publicly announced and the number of applicants meeting the minimum qualifications for the position is five or fewer, the CAO, at his or her discretion, may:

A. Waive the competition entirely and submit the names of applicants to the appointing authority for consideration;

B. Revise the conditions of competition to a more practical basis under the circumstances;

C. Extend the final filing date so that additional applications may be received.

(Ord. 2251 § 1, Exh. A(part), 1992).

The CAO shall approve all written test questions in advance.

(Ord. 2251 § 1, Exh. A(part), 1992).

All necessary explanations will be made by the proctor to the whole group taking the written test and no questions will be explained individually to any competitor.

(Ord. 2251 § 1, Exh. A(part), 1992).

An applicant who finds an ambiguous question in a written test must call it to the attention of the proctor either during or immediately after the written test. The proctor will then record the ambiguity and notify the county personnel officer. The CAO will determine whether or not the item is proper and may eliminate the item if it is determined to be improper. Any review not contained in this section is prohibited.

(Ord. 2251 § 1, Exh. A(part), 1992).

Communication between competitors during a written test is forbidden. Competitors are forbidden to receive any form of aid or assistance from one another. Before the commencement of a written test, competitors will be required to hand to the proctor any printed or written matter in their possession that might serve to aid them in the written test. Evidence of copying or collusion may result in the cancellation of the applicant's written test papers and the exclusion of the competitor from future selection procedures. Copies of the questions in the written test may not be made and tests shall not be taken from the test room.

(Ord. 2251 § 1, Exh. A(part), 1992).

Written tests shall be conducted so that no test paper will disclose the identity of the applicant until the test papers of all competitors have been scored and the minimum passing point established.

(Ord. 2251 § 1, Exh. A(part), 1992).

Personnel and departments excluded from parts of this chapter by federal or state statute shall follow applicable federal or state personnel policies for those sections superseding this chapter. All other sections of this chapter shall apply to each county employee.

(Ord. 2251 § 1, Exh. A(part), 1992).

Whenever necessary, selection procedures shall include tests for proficiency in the skills appropriate to the class or position applied for. The CAO may waive, but is not required to waive, a proficiency test in cases where an applicant or a former employee has passed such test within one year of the current selection process.

(Ord. 2251 § 1, Exh. A(part), 1992).

Each competitor shall be notified by mail or by another approved method(s) of the result of his or her status with regard to being certified for placement on an employment eligibility list. Final exam, interview, rank order or other scores shall not be released to the competitor or the appointing authority and shall remain confidential at all times.

(Ord. 2251 § 1, Exh. A(part), 1992).

Subject to provisions of an affirmative action program, vacancies in positions may be filled from among county employees, and appropriate promotional lists may be established for this purpose. Such lists will normally be established by a "promotional only" recruitment.

(Ord. 2251 § 1, Exh. A(part), 1992).

The CAO and each officer and department head shall encourage economy and efficiency in, and devotion to, county service by encouraging promotional advancement of employees showing willingness and ability to perform efficiently the services assigned to them, as well as willingness to learn new skills as may be necessary. Employees in good standing in county service should be encouraged to advance according to merit, ability and position availability.

(Ord. 2251 § 1, Exh. A(part), 1992).

The CAO may announce and hold promotional selection procedures to establish county-wide promotional lists.

(Ord. 2251 § 1, Exh. A(part), 1992).

Promotional examinations shall be open to permanent county employees only, as defined in this chapter. Probationary employees may not participate in "promotional only" exams. Probationary employees may not be promoted to a higher class prior to obtaining permanent status unless they resign from county service and are appointed to the new, higher position due to their placement on a valid employment eligibility list for that higher position class. Such appointment will cause the employee to lose the rights, benefits, service credit and seniority acquired while in probationary status in the former position.

(Ord. 2251 § 1, Exh. A(part), 1992).

No employee may participate in a promotional selection procedure unless he or she has the minimum education and experience requirements and any license, certificate or other evidence of fitness prescribed for the class for which the selection procedure is given. No probationary employee may participate in a "promotional only" exam.

(Ord. 2251 § 1, Exh. A(part), 1992).

Persons who have attained a passing score on a promotional exam shall be placed on a promotional list in the order of final earned scores, except as such order may be modified by this chapter. The names of employees who leave county service shall be removed from the promotional lists.

(Ord. 2251 § 1, Exh. A(part), 1992).

All written test papers shall be marked and graded under the direction of the CAO and in accordance with the selection procedure announcements.

(Ord. 2251 § 1, Exh. A(part), 1992).

In any selection procedure, education, experience and personal qualifications may be rated by interview. Such rating may be used as a basis for entry to a competitive exam, as part of a test score, or as the basis for final ranking.

(Ord. 2251 § 1, Exh. A(part), 1992).

A screening procedure for the purpose of appraising the fitness of applicants for any position may include, or be limited to, an oral interview as provided in this section.

A. When such an interview is required, applicants will be evaluated by a qualifications appraisal panel (oral interview panel), consisting of persons qualified by education or experience to evaluate the qualifications of the applicants. The qualifications appraisal panel will evaluate an applicant's experience, education and qualifications for the position and their eligibility for placement on an employment eligibility list.

B. Oral interview panels shall be appointed by the CAO. Potential oral interview panel members may be suggested by department heads, the appointing authority or others as appropriate.

C. Interviewers shall indicate on rating sheets provided the degree to which, in their judgment, each candidate possesses the desired qualifications. Each panel member shall assign a numerical score representing his or her opinion of each candidate's qualifications for employment. The minimum passing score shall be seventy percent. The arithmetic average of the panel members' scores shall determine the candidate's final score, except that no candidate shall be deemed passing without a seventy percent or greater score.

(Ord. 2251 § 1, Exh. A(part), 1992).

The CAO shall determine the relative value of each portion of any exam components. A minimum passing score of seventy percent is required.

(Ord. 2251 § 1, Exh. A(part), 1992).

The CAO shall establish an employment eligibility list of persons who have passed a selection procedure provided for in this chapter, and who meet the minimum qualifications of the position for which the selection procedure was conducted. Certification as an eligible candidate is valid only for the duration of the list, which shall not exceed one year unless otherwise extended by the CAO. Certification as an eligible candidate does not ensure continued or future eligibility for appointment once the list is inactivated. It is not the responsibility of the county to notify candidates on a list that such list has become "inactive."

(Ord. 2251 § 1, Exh. A(part), 1992).

In establishing an employment eligibility list following a selection procedure, persons who have attained a passing mark in such procedure shall be placed on the list in the order of final earned ratings. The final earned ratings shall be determined by the total of the scores earned by each applicant for each part of the selection process. Such a score is specific to that exam process. A candidate's exam score or eligibility will not be carried over to a subsequent exam. When an employment eligibility list expires all scores and eligibilities also expire.

(Ord. 2251 § 1, Exh. A(part), 1992).

Where no employment eligibility list exists for a classification, certification may be made from a list created for another class of the same or higher rank in the same or in a related series, if the duties of the class for which the selection procedure was given include substantially all of the duties of the positions to be filled, provided that the CAO finds that the use of that list is in the best interests of the county and that the necessary skills and knowledge were adequately tested in the selection procedure.

(Ord. 2251 § 1, Exh. A(part), 1992).

An eligible candidate may be removed from an employment eligibility list:

A. For any cause otherwise set forth in this chapter;

B. Failure to respond to notices or inquiries from the CAO related to the employment eligibility list;

C. On receipt of a statement from the candidate declining the offer of a position or stating that he or she no longer desires consideration for a position with the county;

D. After refusal of offer(s) of appointment to the class for which the employment eligibility list was established, if so authorized by the CAO.

(Ord. 2251 § 1, Exh. A(part), 1992).

Applicants placed on an employment eligibility list shall notify the county administrative office in writing of any change of address while their names remain on such list or while they are employed by the county.

(Ord. 2251 § 1, Exh. A(part), 1992).

An employment eligibility list shall be in effect from the date on which it is approved by the CAO.

(Ord. 2251 § 1, Exh. A(part), 1992).

All employment eligibility lists shall continue in force for up to one year and may be extended for one additional year (not to exceed twenty-four months total) by the CAO, if such extension is deemed to be in the best interests of the county. When, in the opinion of the CAO, an active employment eligibility list does not meet the demands of service, or when an employment eligibility list contains fewer than three names, the CAO may order selection procedures to provide additional eligible candidates, or may inactivate the list and authorize a new recruitment. The county is not obligated to notify candidates on a list that the list has become inactive or that a new recruitment has been authorized.

(Ord. 2251 § 1, Exh. A(part), 1992).

The appointing authority shall have authority to appoint any eligible candidate certified to him or her by the CAO.

(Ord. 2251 § 1, Exh. A(part), 1992).

A. In addition to employment eligibility lists, a reemployment list shall be established for each class containing the names of permanent employees who have been laid off, through no fault on their part, and persons who have resigned from county service in good standing and who have subsequently requested, in writing, consideration for reemployment.

B. Persons whose names appear on a reemployment list shall be eligible for reinstatement at the same step, salary range and tenure as attained on the day of their separation from county service. This provision is not extended to persons who leave county service while on probation.

C. Providing his or her overall performance has been satisfactory, any person having permanent status in the classified service who is laid off because of temporary or permanent abolishment of that person's position shall have his or her name placed on the reemployment list for the classification from which he or she is laid off.

D. Any employee who attained permanent status in the classified service and who resigned in good standing may apply for reinstatement within one year after the effective date of resignation and, if such request is granted by the CAO, he or she will be placed on the reemployment list for the class from which he or she resigned.

(Ord. 2251 § 1, Exh. A(part), 1992).

A. Any employee who is reinstated to his or her former class shall be reinstated at the salary step held at the time he or she left county service. Employees who are reinstated to the class they previously held will not be required to serve a probationary period but will begin to accrue seniority commencing from the date of reinstatement. The period of time not in county service will not be counted towards accumulation of seniority, benefits, rights or privileges but will be considered equivalent, in this regard as approved unpaid leave of absence status.

B. Persons laid off may have priority for reemployment over those granted reemployment privileges after resignation. The names of persons laid off shall be placed on the appropriate reemployment list in order of seniority as determined by length of service. Employees who are reinstated to the same or lower class shall be reinstated at the same step held prior to leaving the county service.

C. Any person laid off or granted reemployment privileges shall remain on the appropriate reemployment list for a period of one year. Any person on a reemployment list shall be automatically removed from that list at the end of one year.

D. The CAO may remove any person from a reemployment list for any of the reasons set forth in this chapter.

(Ord. 2251 § 1, Exh. A(part), 1992).

Competitors who are successful in a promotional selection procedure shall be placed on the promotional list for the class or position for which that selection procedure is held in order of their ratings.

(Ord. 2251 § 1, Exh. A(part), 1992).

If more than one employment list exists for a class, the lists shall be certified in the following order:

A. Reemployment list;

B. Promotional list;

C. Employment eligibility list.

(Ord. 2251 § 1, Exh. A(part), 1992).

An eligible candidate who is not available for immediate certification may request to be placed on an inactive list and may be restored to the active list upon request, provided the active list is still valid.

(Ord. 2251 § 1, Exh. A(part), 1992).

Whenever a vacancy is to be filled, the appointing authority shall make a written request for certification on a form provided by the personnel office which shall include a statement of salary, tenure and location of the position.

(Ord. 2251 § 1, Exh. A(part), 1992).

For each vacancy or new position for which there is no promotional list or reemployment list, the CAO shall certify to the appointing authority for interviews the names from the appropriate employment eligibility list. If any candidate who is certified is unwilling to accept appointment or does not appear to meet agency needs, the CAO shall certify additional candidates as appropriate. If the list of eligible candidates is not sufficient to provide five persons willing to accept appointment, the CAO may include additional names from an employment eligibility list for an appropriate class of substantially the same qualifications as for the position to be filled.

(Ord. 2251 § 1, Exh. A(part), 1992).

Whenever a request for certification is made to fill a position in a class for which there is no employment eligibility list or there are not sufficient names on the employment eligibility list, an eligible candidate from another valid list may be certified to that position provided that: (a) the vacant position is a lower classification than that classification for which that list was developed; and (b) the vacant position has similar or comparable duties and responsibilities to those of the classification for which that list was developed. Acceptance of such a position shall not affect his or her right to be certified to a position in the class for which he or she was originally examined.

(Ord. 2251 § 1, Exh. A(part), 1992).

A. The appointing authority shall fill a vacancy or new position in a class by selection from the certified eligible candidates who are willing to accept employment under the conditions specified. The appointing authority may, at his or her discretion, appoint or refuse to appoint from any list of certified eligible candidates when such referral contains fewer than three names.

B. The CAO and the auditor-controller's office shall receive notification of any appointment made to a county position. Notification shall be in writing, on an approved personnel action form provided by the CAO. No appointment shall be effective until approved by the CAO. A copy of an approved personnel action appointment form shall be delivered to the auditor-controller before compensation is paid to an appointee.

(Ord. 2251 § 1, Exh. A(part), 1992).

The appointing authority should, prior to appointment:

A. Interview all certified eligible candidates;

B. Check references;

C. Confirm that the selected candidate's training and experience are appropriate for the position vacancy;

D. Notify the selected candidate of his or her selection, with a copy to the CAO. The CAO will notify the unsuccessful candidates of the selection results;

E. Clearly document relevant information obtained in the course of the above procedure. Such documentation is to be retained and may be reviewed by the CAO upon request. Documentation should include dates, times and a description of all relevant information and/or events. The county personnel officer is to be available for assistance with this process as requested. Documentation kept pursuant to this section is confidential and shall not be disclosed to anyone but the CAO.

(Ord. 2251 § 1, Exh. A(part), 1992).

If fewer than three names of persons willing to accept appointment are certified for the class to which the position belongs, or if no list is valid, the CAO may authorize the appointing authority to make a provisional appointment of any person who possesses the minimum qualifications for the class for a period not to exceed six complete payroll periods or following establishment of an appropriate employment eligibility list, whichever occurs sooner. Time served in a provisional status will not be considered for service credit nor applied toward determination of seniority within county service. The provisions of this section shall not prohibit the CAO from authorizing a regular appointment if it is determined to be in the best interest of the county.

(Ord. 2251 § 1 Exh. A(part), 1992).

The county executive officer (CEO) is the appointing authority for all non-elected department heads, except as specifically required by law or otherwise stated in county code. Such department heads are at-will employees and serve at the pleasure of the CEO and may be terminated without just cause.

(Ord. 2251 § 1 Exh. A(part), 1992).

(Ord. No. 3197, § 1, 2-27-2024)

Any appointment to a class shall be at the entry step of the range for such class unless the CAO or his designee specifically authorizes appointment at a higher step.

(Ord. 2914 § 1(part), 2007: Ord. 2251 § 1 Exh. A(part), 1992).

At the request of the appointing authority, the CAO or his designee may approve the appointment of a new employee to a higher step within the range for the class to which such new employee is to be appointed. Such approval must be obtained by the appointing authority prior to the candidate's appointment. Requests for advanced step appointments must be submitted in writing to the director of human resources who will review with the CAO and must contain appropriate justification and financial implications for the request. Requests for appointment at higher than Step D requires approval by the board of supervisors.

(Ord. 2914 § 1(part), 2007: Ord. 2251 § 1 Exh. A(part), 1992).

Any person reentering county employment following separation by reason of discharge, resignation, layoff, or rejection during a probationary period, shall be considered a new employee. This section shall not apply to discharged employees who are reinstated as the result of an appeal process or court order.

(Ord. 2251 § 1 Exh. A(part), 1992).

Return following an approved leave of absence without pay is not an appointment, but is a continuation of service. Compensation and benefits shall be based on actual paid service.

(Ord. 2251 § 1 Exh. A(part), 1992).

Any person reappointed following layoff shall receive compensation and benefits as though he or she had been on leave without pay.

(Ord. 2251 § 1 Exh. A(part), 1992).

Employees appointed to permanent positions shall be assigned salary anniversary dates (step raises) as follows:

A. Employees appointed at the A, B, C, D or E steps of the salary range shall have their salary anniversary date effective the first payroll period following completion of twenty-six complete payroll periods from the date of appointment.

B. For purposes of this section, complete payroll periods shall mean that the employee is in paid status for all regularly scheduled work hours during the payroll period. Paid status includes vacation leave, sick leave, holiday pay, compensatory time off and approved temporary disability pay due to workers' compensation status.

C. A salary anniversary date shall be adjusted to reflect unpaid time or time off payroll in order to ensure that the required number of complete payroll periods in paid status is achieved prior to award of a step raise. This adjustment also applies to approved unpaid leave of absence status.

D. When a scheduled salary step increase is not ordered by an appointing authority, the employee's salary anniversary date (step raise eligibility) may be postponed until the increase is ordered. Such increases shall take place the start of the next payroll period following the date of the order.

E. The auditor-controller is authorized to make the necessary adjustments to the employee's salary anniversary date to reflect the provisions of this section.

(Ord. 2251 § 1 Exh. A(part), 1992).

(Ord. No. 3133, § 5, 2-25-2020)

A. When a regular employee is promoted to a position in a class with a higher range, he or she shall be appointed to that step in the higher salary range which will result in no less than a five percent increase in the employee's salary; provided, that in no event shall the new salary be higher than the maximum of the salary range of the class to which the employee is promoted. If such an increase is greater than the maximum of the new salary range, the employee shall be appointed to the E step in the new range. Such salary increase shall be effective as of the effective date of promotion.

B. For the purpose of further step increases within the new salary range, the employee's salary anniversary date will be changed to the first day of the first complete payroll period following the effective date of the promotion. Applicable sections of this chapter shall apply in determining the eligibility of the employee for step increases within the higher salary, unless superseded by a memorandum of understanding.

(Ord. 2251 § 1, Exh. A(part), 1992).

A. A regular employee who is demoted to a position in a class having a lower salary range shall receive salary in the lower range at the step which the employee held in the class from which he or she was demoted. Such salary decrease shall be effective as of the date upon which the demotion is effective.

B. The employee's salary anniversary date for step advancement shall not be changed and this chapter shall apply in determining the eligibility of the employee for step increases within the lower salary range.

(Ord. 2251 § 1, Exh. A(part), 1992).

There shall be no change in the compensation or salary anniversary date of an employee who is transferred from one position to another in the same class or to a position in a class having the same salary range.

(Ord. 2251 § 1, Exh. A(part), 1992).

A. Whenever an employee is returned to his or her former class following promotion, transfer, demotion or temporary assignment, the employee shall receive the step of the range which he or she would have received had he or she never left the former class.

B. The employee's salary anniversary date for step advancement shall not be changed.

(Ord. 2251 § 1, Exh. A(part), 1992).

The salary of an employee in a position which is reclassified shall be determined as follows:

A. If the position is reclassified to a class in the same salary range, the salary and salary anniversary date of the employee shall not change;

B. If the position is reclassified to a class with a higher salary range, the salary increase and salary anniversary date of the employee shall be established as the first day of the next complete payroll period;

C. If the position is reclassified to a class with a lower salary range, the salary of the employee shall not change unless such salary is greater than the maximum of the salary range of the new class, in which case the salary of the employee shall be reduced to the maximum salary for the new classification. If no step in the new salary range provides for the exact salary formerly received by the employee, the salary shall be decreased so as to be equal to the top step within the range of the new lower classification. The employee's salary anniversary date shall not change.

(Ord. 2251 § 1, Exh. A(part), 1992).

A. A regular employee temporarily transferred or assigned to the position of temporary employee shall be regarded as a regular employee.

B. If a regular employee is temporarily transferred to a class with a higher salary range, for the first five working days of the temporary assignment he or she shall receive no increase in pay. Official assignment must be made by approved change in status procedures. If, after the assignment, a temporary employee meets the minimum qualifications for the position to which he or she is temporarily transferred, the temporary assignment shall be treated as a promotion and salary shall be determined in accordance with this chapter.

C. Upon termination of a temporary transfer or assignment, the employee shall be restored to the position from which he or she was transferred at the salary and step to which the employee is entitled at the date of restoration, including any merit increase.

D. A temporary transfer shall not affect an employee's salary anniversary date.

(Ord. 2251 § 1, Exh. A(part), 1992).

If an employee is eligible for a step raise as established by his or her salary anniversary date and the employee is to be promoted and is to receive a range change, or is to have his or her position reclassified to a class with a higher salary range, the employee will first receive the step raise in the former class, and then will be placed at the new, higher step in the new salary range.

(Ord. 2251 § 1, Exh. A(part), 1992).

Whenever an employee suffers an actual decrease in salary as a result of action taken by the county and through no fault of the employee, the board may adopt a Y-rate to apply to the employee so affected. The board may authorize, by resolution, an increase in compensation to any employee of the county whose compensation had been previously established by the board at a Y-rate.

(Ord. 2251 § 1, Exh. A(part), 1992).

The following standards shall govern salary adjustments:

A. An employee shall receive a merit salary increase to the second step of his or her salary range effective the first pay period of the month following twenty-six full pay periods of continuous service in the first step of the salary plan if the evaluation of his or her job performance by the appointing authority is at least standard. Eligibility for established merit salary increases above the second step shall be based on satisfactory performance and shall occur annually until the employee reaches the maximum salary step in the salary range.

B. An employee who starts employment above the first step of the salary range shall be eligible for an increase to the next step on each salary anniversary date until reaching the maximum step of the salary range, based on standard performance.

C. An employee in the top step shall not be eligible for further merit increases.

(Ord. 2251 § 1, Exh. A(part), 1992).

(Ord. No. 3133, § 6, 2-25-2020)

A. On each salary anniversary date, until an employee reaches the maximum salary step for his or her salary range, each employee shall receive a merit increase in salary and shall be advanced to the next higher step of the salary range, unless an employee's service during the last evaluation period is not standard.

B. The appointing authority shall notify the county administrative office in writing, on prescribed form(s), that the employee should be advanced in salary or not advanced. The CAO shall notify the county auditor in writing of the approval or disapproval of the merit step increase. Approval shall constitute authorization for the auditor to make payment at the higher rate.

(Ord. 2251 § 1, Exh. A(part), 1992).

Appointed department heads and principal assistants are at-will employees and do not serve a probationary period. All other candidates entering county service by appointment to a permanent position in the classified service shall serve a probationary period of twenty-six complete payroll periods. Such probationary periods shall run from the first payroll period following the date of employment. Probationary periods may be extended by the appointing authority, subject to prior concurrence by the county administrative officer.

(Ord. 2537 § 1, 1998: Ord. 2251 § 1, Exh. A(part), 1992).

A permanent employee who is promoted to a position in a classification having a higher salary range shall serve a new, appropriate probationary period before attaining permanent status in that new position. An employee who is reclassified to a position with the same or a different salary range shall not serve a probationary period in the new position.

(Ord. 2251 § 1, Exh. A(part), 1992).

An evaluation form provided by the county administrative office should be completed by all appointing authorities to evaluate the efficiency, effectiveness and fitness for continued employment of each newly appointed or promoted employee in the classified service. An interim evaluation (counseling memo) of each new and promoted employee's progress should be completed monthly during the entire probationary period. The appointing authority should recommend continued probationary employment or release from county service during this period. The evaluation form should be completed and forwarded to the personnel office within specified time periods. It is the responsibility of the CAO to ensure that all counseling memos and evaluation forms are properly forwarded to the appointing authority. The appointing authority should complete such counseling memos or evaluations and return them to the county administrative office for placement in the employee's personnel file.

(Ord. 2251 § 1, Exh. A(part), 1992).

A probationary employee may, at the discretion of the CAO, acquire permanent status at the end of the probationary period unless, at least fifteen days before the end of the probationary period, the appointing authority files a statement with the CAO indicating that the services of the employee during the probationary period have not been standard and that the probationary period will be extended for an additional period. A copy of such statement shall be given to the employee and a copy filed in the employee's personnel file.

(Ord. 2251 § 1, Exh. A(part), 1992).

Any probationary employee may be discharged by the appointing authority during the probationary period or the extension thereof. The appointing authority may, at any time before the effective date thereof, withdraw or cancel the notice of termination.

(Ord. 2251 § 1, Exh. A(part), 1992).

A person reemployed in a classification in which he or she previously held permanent status and from which he or she left in good standing shall not be required to serve the probationary period, if the reemployment occurs within one year from the date he or she left the previous position. Notwithstanding any other provisions of these rules, an employee discharged during the probationary period from a position classification to which he or she was promoted may be restored to the position from which he or she was promoted, if that position is vacant. Such an employee shall not be required to serve a probationary period in his or her original position.

(Ord. 2251 § 1, Exh. A(part), 1992).

The appointing authority may transfer an employee from one position classification to a different position classification, provided the positions are in the same salary range and the employee possesses the minimum qualifications for the position classification to which he or she is transferred.

(Ord. 2251 § 1, Exh. A(part), 1992).

No employee shall be transferred to a position in another office or department unless all of the following conditions are met:

A. The two positions have similar minimum qualifications and duties and the affected employee possesses the minimum qualifications for the position to which he or she is being transferred; and

B. The positions, if not in the same class, are in the same salary range, except that an employee may accept a transfer to a position in a lower salary range; and

C. The appointing authorities of the two offices or departments have approved the transfer in writing; and

D. The employee has approved the transfer in writing; and

E. The CAO has approved the transfer.

(Ord. 2251 § 1, Exh. A(part), 1992).

The appointing authority may temporarily transfer a regular employee to a regularly authorized position in a class having a higher salary range when the employee normally in that position is absent or when that position is vacant. Such temporary transfer serves as an "acting out of class appointment" to meet short-term agency needs. A temporary transfer shall not exceed six pay periods unless a longer period is specifically authorized by the board. The salary of the employee during the temporary transfer period shall be determined in accordance with Section 2.64.425 of this chapter.

(Ord. 2251 § 1, Exh. A(part), 1992).

The appointing authority may lay off employees pursuant to this chapter whenever it becomes necessary because of lack of work or funds or whenever it is deemed advisable in the interest of the county to reduce the workforce in the department or office.

(Ord. 2251 § 1, Exh. A(part), 1992).

Employees shall be laid off in the following order:

A. All extra help, temporary and provisional employees in that order, in the same department or office and within the same classification shall be laid off before any regular employee;

B. When it becomes necessary to reduce the workforce in any department or office by layoff of regular employees, seniority and ability to perform the work shall be the determining factors in each department or office. The determination of ability shall be the primary responsibility of the appointing authority, subject to review and approval of the CAO and the board of supervisors. In making that determination, consideration may be given to skill, efficiency, knowledge, physical fitness, training and attitude toward fellow employees. In cases where ability is relatively equal, seniority shall govern.

(Ord. 2251 § 1, Exh. A(part), 1992).

For each regular employee, seniority shall be measured from the employee's initial appointment to county service, but shall not include any period during which the employee was on leave without pay, or not actually in county employment because of his or her voluntary termination, layoff or other cause. For any employee who is reemployed after being discharged, seniority shall be measured from the date of his or her most recent appointment.

(Ord. 2251 § 1, Exh. A(part), 1992).

Regular employees shall be notified of layoff at least ten work days before the effective date of layoff. All other employees may be laid off with forty-eight hours' notice. An employee who is to be laid off may elect to accept such layoff before the effective date thereof. It is the responsibility of the CAO to issue approved notices of layoff to affected employees. Layoff notices must be personally delivered to the affected employee or sent by registered mail.

(Ord. 2251 § 1, Exh. A(part), 1992).

"Bumping" shall apply only to positions of the same or lesser salary range; and shall only extend laterally or downward and across departments within classifications that are similar with respect to tasks and required skills and qualifications. An employee may not bump any employee who has greater seniority in the county service. "Bumping" is subject to the approval of the department head receiving an employee, the appropriate recognized employee association representative and the CAO. Requests to "bump" must be submitted in writing to the CAO within ten working days from the date the layoff notice was issued to the affected employee. Bumping is not an employee right, but is considered to be a cooperative attempt on the part of the county to continue employees in work status.

(Ord. 2251 § 1, Exh. A(part), 1992).

Except as provided for employees subject to the current Calaveras County memorandum of understanding, the following reinstatement rights shall apply. The county shall attempt to fill all employment openings first from qualified persons with call-back rights, then from within county service; if no such persons are qualified, then from employment eligibility lists as determined in Section 2.64.325. Employees laid off for financial reasons shall have call-back priority for a period of one year from the effective date of layoff, except that those employees laid off as a result of departmental reorganization and remaining in continuous county employment after the layoff shall have call-back priority for a period of three years from the effective date of layoff. This section shall have retroactive application from July 1, 1995.

(Ord. 2537 § 2, 1998: Ord. 2251 § 1, Exh. A(part), 1992).

A. Any permanent employee, other than an appointed department head or principal assistant, may for just cause, be suspended, demoted to a lower classification or dismissed by the appropriate appointing authority with an order in writing, stating in specific language the facts upon which the disciplinary action is based. Such an order must have the prior approval of the CAO or authorized representative.

B. Prior to issuing an order to dismiss, demote or suspend, the appointing authority must contact and discuss such action with the CAO or authorized representative. All orders for suspension, demotion, dismissal or other punitive action, shall be reviewed by the county counsel and the CAO or appropriate designee for legal sufficiency prior to being issued. All orders shall be filed with the personnel office and shall be served upon the affected employee. If personal service upon the employee is impractical, a copy of the order shall be sent by certified mail to the employee's last known address.

(Ord. 2251 § 1, Exh. A(part), 1992).

Each of the following constitutes cause for suspension, demotion or dismissal of an employee or person on any employment list:

A. Fraud in securing appointment;

B. Incompetence;

C. Inefficiency;

D. Inexcusable neglect of duty;

E. Insubordination;

F. Discrimination;

G. Threat of assault on employee or public;

H. Dishonesty;

I. Falsifying records;

J. Drunkenness on duty;

K. Intemperance;

L. Addiction to the use of narcotics or habit-forming drugs;

M. Inexcusable absence without leave, including absenteeism and tardiness;

N. Conviction of a felony or conviction of a misdemeanor involving moral turpitude;

O. Discourteous treatment of the public or other employees;

P. Obscene or immoral conduct;

Q. Political activity which is in violation of federal, state or local laws or regulations;

R. Use of county property in violation of law, board order or departmental policy;

S. Violation of any provision of this chapter;

T. Any other behavior, either during or outside of duty hours, which is incompatible with public service;

U. Refusal to take and subscribe to any oath or affirmation which is required by law in connection with employment;

V. Sexual harassment, a violation of Section 2.64.535 of this chapter;

W. Violation of Section 2.64.570 of this chapter.

(Ord. 2251 § 1, Exh. A(part), 1992).

Sexual harassment by any employee is prohibited.

(Ord. 2251 § 1, Exh. A(part), 1992).

A. Any regular employee, other than a probationary employee, a principal assistant or an appointed department head who is served notice of suspension, demotion or dismissal may appeal such action by filing notice with the appropriate appointing authority within five business days after receiving such notice.

B. The appointing authority may amend, modify or revoke any or all of the charges, including the disciplinary action.

C. The employee has five business days from the date of receipt of the appointing authority's response to file with the CAO, a written appeal from the action.

D. The CAO or authorized representative, within five business days of receipt of the appeal, shall investigate the matter and arrange, if necessary, to meet with the parties involved; and, thereafter give written answer to the appropriate parties within five business days of conclusion of the investigation. If the employee fails to appeal within the time specified, the disciplinary action of the department head shall be final.

E. If the employee is not satisfied with the decision of the CAO the employee may, within five business days after the decision is mailed to the employee or employee representative, file a written demand at the county administrative office, for an appeal hearing to be conducted by an independent hearing officer pursuant to Sections 2.64.545 and 2.64.550 of this chapter.

(Ord. 2251 § 1, Exh. A(part), 1992).

The following rules shall apply to appeal hearings before hearing officers conducted under this chapter:

A. The appeal hearing will be private, unless the employee requests that the matter be heard publicly;

B. A hearing officer shall be selected from a list supplied by state mediation services; the parties shall agree on the choice of the hearing officer who shall conduct the hearing;

C. The decision of the hearing officer is final and binding provided it is supported by law and substantial evidence;

D. The employee or representative, prior to retaining a hearing officer, shall post a cash bond or such other security as deemed appropriate by the CAO for payment of arbitration costs that may arise pursuant to subsection E of this section;

E. All costs and all fees of the hearing officer will be shared equally by the parties, except that if the employee is fully reinstated such costs and fees will be paid by the county. Other costs, including attorney's fees, shall be borne by the party who incurs those costs.

(Ord. 2251 § 1, Exh. A(part), 1992).

A. After hearing, the hearing officer (arbitrator) shall, in a timely manner, make a finding as to whether or not there was just cause for disciplinary action and shall also make a recommendation as to the appropriate disposition of the appeal.

B. Written findings and recommendations may be forwarded by the hearing officer to the CAO and the employee. These findings and recommendations may be presented to the board in closed session by the CAO.

C. Decisions of hearing officers on matters properly before them shall be final and binding on the parties hereto; provided, that the decision is supported by law and substantial evidence.

(Ord. 2251 § 1, Exh. A(part), 1992).

A. Non-elected department heads are at-will employees and serve at the pleasure of the county executive officer (CEO) or board of supervisors. Notwithstanding the provisions of this chapter, except as otherwise provided by law, all non-elected department heads may be suspended, demoted or dismissed without cause and shall have no right to appeal from such action.

B. Elected department heads shall have the right to remove without cause their respective principal assistants.

1. Upon removal of an employee from the position of principal assistant, such employee shall be dismissed from county service as of the effective date of the order of dismissal, unless the employee has vacated a position in county service to accept the appointment as principal assistant. In that event, such employee shall, upon request, be reinstated to his or her former position. Under such reinstatement, tenure in the position of principal assistant shall be considered time served for the purpose of determining seniority and eligibility for merit increases. For the purpose of this section "former position" means the last position in which the employee had permanent status.

2. Any employee bumped by such a reinstatement action will be placed in layoff status, unless he or she can be transferred to an appropriate position vacancy. Such a transfer is contingent upon the approval of the employee, the department head and the CEO.

3. Any employee who is displaced by operation of this section may be transferred to a position in the next lower classification if he or she meets all of the requirements of that lower position. In the event of a layoff due to the above procedure, the layoff and reinstatement regulations of this chapter will apply.

(Ord. 2251 § 1, Exh. A(part), 1992).

(Ord. No. 3197, § 1, 2-27-2024)

No employee of the county shall engage in any employment, activity or enterprise for compensation which is in any way incompatible with his or her duties as a county officer or employee or with the duties, functions or responsibilities of the appointing authority or the county.

(Ord. 2251 § 1, Exh. A(part), 1992).

It is the duty and responsibility of those in public service to conduct their affairs in an ethical manner. As such, those employed by the county shall:

A. Never provide special favors or privileges or accept favors or benefits under circumstances which may be construed by reasonable persons as influencing the performance of one's public duties;

B. Engage in no business activity which is inconsistent with the conscientious performance of one's public duties;

C. Never use any confidential information received in the performance of one's public duties for private profit or personal gain;

D. Never engage in outside activities that are incompatible with the objective performance of their duties or delivery of public service;

E. Treat all individuals encountered in the performance of one's duties in a respectful, courteous and professional manner;

F. Promote only decisions that benefit the public interest;

G. Conduct and perform job duties diligently and promptly;

H. Faithfully comply with all laws and regulations applicable to the county and impartially apply them to everyone;

I. Promote the public interest through a responsive application of public duties;

J. Demonstrate the highest standards of personal integrity, truthfulness and honesty in all public activities;

K. Uphold these principles being ever conscious that public office is a public trust.

(Ord. 2251 § 1, Exh. A(part), 1992).

No employee of the county shall:

A. Represent or counsel for compensation any individual, group, or private or public organization in legal or administrative actions against the county;

B. Use, for private gain or advantage, county time, facilities, equipment, supplies or his or her badge, uniform, prestige or influence as a county officer or employee;

C. Receive or accept compensation or other consideration from any individual, group, private or public organization, other than the county, for the performance of an act rendered during work hours as part of an officer's or employee's prescribed duties;

D. Be involved in employment, outside of his or her duties with the county, which would render performance of his or her duties in the county less efficient.

E. Employees are permitted to have a financial interest in business entities or income, and to engage in outside employment, contracting, or other profit-making activities, so long as such interests and activities are conducted in accordance with all applicable laws and regulations; the employee does not use his or her position or influence in an attempt to gain unfair advantage, special favors or privileges, or directly inspect or permit or evaluate the activity; and the employee is not directly or indirectly associated with the processing, permitting or inspection of the activity.

(Ord. 2639 § 1, 2000: Ord. 2251 § 1, Exh. A(part), 1992).

Editor's note— Ord. No. 3192, § 1, adopted January 23, 2024, repealed § 2.64.575, which pertained to prohibited activities—county alcohol/drug abuse policy and derived from Ord. No. 2251, 1992.

Any employee who receives compensation or other consideration for an act prohibited by this chapter shall be subject to disciplinary action.

(Ord. 2251 § 1, Exh. A(part), 1992).

Through the written and oral review procedures set forth in Sections 2.64.590 and 2.64.595 of this chapter, all aspects of the work performance of regular employees will be reviewed and assessed as a means of enhancing employees' career growth and development, identifying satisfactory and unsatisfactory work performance, fostering employer-employee relations, providing a high level of service to the public, and effectively utilizing human resources in carrying out public business. It is the responsibility of the appointing authority to complete such performance appraisals in a timely manner and to ensure that such appraisals are properly placed in the employee's personnel file in the county administrative office.

(Ord. 2251 § 1, Exh. A(part), 1992).

A. All regular employees should receive, at least annually, performance appraisal and evaluation on forms approved by the CAO.

B. At a minimum, appraisal and evaluation forms shall address the following:

1. The quantity and quality of work performed;

2. Work attitude;

3. Attendance record;

4. Employee development;

5. A plan of action for performance modification and personal work development;

6. The signature of the rater and/or department head;

7. Space for employee review, comment and signature.

C. The employee appraisal and evaluation forms for each employee, when completed by the department head, will be filed in the employee's personnel file, which is maintained by the county administrative office. All forms so filed must contain the signature of the department head and a notation or signature of the employee indicating that he or she has been apprised of the evaluation.

D. Employee work performance will be reviewed at least once each calendar year and under the following conditions:

1. At least one month before an employee's salary anniversary date when a merit step increase is to be considered;

2. At least monthly during any probationary period;

3. At such times as the department head or supervisor decides that an assessment of employee work performance is appropriate.

(Ord. 2251 § 1, Exh. A(part), 1992).

Each performance appraisal must be discussed with the employee prior to the department head's appraisal or prior to the time the appraisal is placed in the employee's central personnel file. Every employee has the right to meet with his or her department head concerning the results of the performance evaluation.

(Ord. 2251 § 1, Exh. A(part), 1992).

A. A resignation must be submitted in writing to the appointing authority and a copy forwarded to the personnel officer or CAO, and shall be effective as of the date stated therein or on such earlier date as the appointing authority and resigning employee agree.

B. The written resignation shall contain the following:

1. A statement of the reason for resignation;

2. The signature of the person resigning, dated with the month, day and year.

(Ord. 2251 § 1, Exh. A(part), 1992).

An employee who leaves county service without filing a written resignation giving two weeks' notice or other notice acceptable to the head of the department or office, shall not be placed on any reemployment list and may be denied eligibility to take any examination.

(Ord. 2251 § 1, Exh. A(part), 1992).

When notification is presented to the appointing authority that a resignation is planned, the appointing authority shall notify the county administrative office and schedule an exit interview.

(Ord. 2251 § 1, Exh. A(part), 1992).

An employee who is absent for a period of five successive working days without notification or authorized leave and without excuse acceptable to the head of the department may be deemed to have voluntarily quit his or her position.

(Ord. 2251 § 1, Exh. A(part), 1992).

It is the policy of Calaveras County to consider most employment-related information as being strictly confidential. Inquiries regarding former employees should be referred to the county personnel officer whenever possible. Staff is required to limit information released to only the following:

A. Employee's initial date of employment with Calaveras County;

B. Employee's date of separation from Calaveras County;

C. Employee's job title at the time of separation and final salary, if requested.

Additional information may, under certain circumstances, be released if a written waiver authorizing release of information and signed by the employee is presented to the county personnel officer.

(Ord. 2251 § 1, Exh. A(part), 1992).

All candidates for, appointees to, and employees in, county service shall possess the general qualifications of integrity, honesty, sobriety, dependability, industry, thoroughness, accuracy, good judgment, initiative, resourcefulness, courtesy, ability to work cooperatively with others, willingness and ability to assume the responsibilities and conform to the conditions of work characteristic of the employment, and a state of health consistent with the ability to perform the assigned duties of the class. Where positions require driving an automobile or equipment on the highway, the employee must have a valid California driver's license, a good driving record and is expected to drive safely. The foregoing qualifications shall be deemed part of the minimum qualifications for each position and need not be specifically set forth.

(Ord. 2251 § 1, Exh. A(part), 1992).

All applicants for employment with the county are required, as a condition of employment, to be fingerprinted by the sheriff's department. Refusal on the part of an applicant to be fingerprinted shall be cause for rejection.

(Ord. 2251 § 1, Exh. A(part), 1992).

A. The county shall require a post-offer, pre-employment medical exam of every person appointed to a permanent position in county service in accord with the guidelines established by the Americans With Disabilities Act and other pertinent legislation. Such a medical exam shall be given by the county health officer at no charge to the employee, or the physician of choice, at the employee's expense.

B. County employees applying for change of position with more exacting physical requirements may be required to undergo a physical examination for the new job classification as a condition to any such change of position, after such an offer of employment in the new classification is made.

C. A person being considered for employment (or for transfer to a position with more exacting physical requirements) who does not pass the physical examination may be determined exempt by the CAO when it is shown that the person possesses the necessary knowledge, skills, abilities and qualifications and can perform the essential job functions with or without reasonable accommodation. The CAO may, at his/her discretion, exempt other persons under certain circumstances if such exemption is deemed to be in the best interest of the county.

D. It is the duty of the county health officer to give priority in scheduling physical examinations to persons requiring an exam pursuant to this section.

E. Any employee may be required to take a physical examination given by the county health officer or other designated physician when the appointing authority and/or CAO believes that the employee may suffer from illness, injury or some condition which is seriously affecting the employee's health, safety, attendance or ability to perform the responsibilities of the position, or the health and safety of others.

F. Where a permanent employee fails to pass a physical examination given pursuant to subsection E of this section, the appointing authority may request that the health officer provide additional information and/or conduct, or request to be conducted, at county expense, additional physical examinations necessary to enable the appointing authority and/or CAO to determine the employee's eligibility to perform the assigned duties of his or her position. The examining physician, in conjunction with the appointing authority and CAO, shall attempt to determine the following:

1. Whether the employee is unfit to perform the essential functions of the position;

2. Whether reasonable accommodation may be made;

3. Whether the employee is capable of performing other duties in county service and, if so, the types of positions or duties which the employee could perform in accordance with law, adopted standards, with or without reasonable accommodation;

4. Whether the employee is permanently unable to perform his or her duties;

5. Whether the incapacity is a result of injury or disease arising out of, or in the course of, employment;

6. Whether the incapacity may pose substantial risk to the safety of the employee or others;

7. Whether the incapacity may become progressively worse.

G. If an employee who has failed a physical examination is determined fit to perform the duties of his or her position, the appointing authority may require that such employee take additional physical examinations at periodic intervals to assure that the employee continues to remain fit to perform the duties of his or her position.

H. If an employee is determined unfit to perform the duties of his or her position but capable of performing other duties in county service, the appointing authority and the county personnel officer shall immediately attempt to transfer or demote that employee to a vacant position in the same department or within the county service with duties appropriate to his or her capacity. If no change of position is obtained within a reasonable period as determined by the appointing authority and the CAO, the employee may, if eligible, elect to retire or resign from the county service. If the employee fails to elect to retire or resign, the appointing authority may elect to terminate the employee.

I. The employee shall be given written notice of demotion, transfer or termination under this section at least five calendar days prior to the effective date thereof. The employee may appeal the action of the appointing authority pursuant to appeals procedures provided in this chapter.

J. Upon the request of an appointing authority or the petition of an employee terminated, demoted or transferred in accordance with this section, the employee may be reinstated to an appropriate position in the same class, in a comparable class or in a lower related class if it is determined by the board of supervisors that the employee is no longer incapacitated. Such reinstatement to a position in a different department may be made only with the concurrence of that department's appointing authority. In approving or ordering such reinstatements, the board of supervisors may require the satisfactory completion of a new probationary period. When the board of supervisors finds that an employee is no longer incapacitated but there is no vacant position to which he or she appropriately can be appointed, the name of that employee shall be placed upon reemployment lists determined appropriate by the CAO.

K. Any employee who is a member of the retirement system who is permanently incapacitated for the performance of duty may be retired for disability, regardless of age, in accordance with applicable laws and regulations.

(Ord. 2251 § 1, Exh. A(part), 1992).

Operators of certain motor vehicles in the state may be required by law to possess a special driver's license. Applicants for such a license may be required to take a physical examination as part of the application. Employees of the county required to operate certain vehicles as a condition of employment may undergo physical examinations at no cost to the employee in the same manner as described in Section 2.64.635 of this chapter.

(Ord. 2251 § 1, Exh. A(part), 1992).

A. No more than one member of an immediate family may be employed in any one department in the county except as an emergency appointment or as otherwise approved by the county executive officer.

B. The county executive officer may approve exceptions to this section when the department head demonstrates the following:

1. That reasonable efforts have been made to recruit a qualified applicant who is not a member of the immediate family;

2. That the person to be employed has been determined to be the most qualified person available for the position;

3. That the person shall not be under the supervision of a member of his or her immediate family;

4. That the person shall not perform functions or services within the department which directly relate to the functions or services performed by a member of his or her immediate family.

C. The board of supervisors may authorize exceptions to this section upon the recommendation of the county executive officer and upon a demonstration by the department head that appropriate measures will be implemented within the department, including but not limited to no direct supervision by members of the employee's immediate family.

D. Under no circumstances shall a department head be authorized to hire a member of his or her own immediate family. No provision of this section, however, shall affect any employment status attained prior to the effective date of the ordinance codified in this section.

(Ord. 2251 § 1, Exh. A(part), 1992).

(Ord. No. 3220, § 5, 10-14-2025)

Except as provided in this section, county offices shall ordinarily be open for business continuously from nine a.m. to four p.m. every day except Saturdays, Sundays, and approved holidays and designated county furlough days. With the approval of the CAO, a department head may make such changes to the schedule of office hours as public convenience or necessity may require. The CAO shall fix the hours of work with due regard for the convenience of the public and federal and state laws. There shall be appropriate time allowed for lunch, while maintaining maximum efficiency within a department. In addition, there shall be two fifteen-minute breaks allowed each employee each work day which may be taken in the following manner: fifteen minutes in the morning and fifteen minutes in the afternoon. Authorized break periods shall not be used to shorten the work day or lengthen the lunch period.

(Ord. 2251 § 1, Exh. A(part), 1992).

(Ord. No. 2995, § 1, 8-9-2011)

The standard workweek for employees occupying full-time positions in county service ordinarily consists of five eight-hour days unless otherwise approved by the CAO. The workweek shall commence on Friday at the hour of five p.m. and end on the following Friday at the hour of five p.m. Employees occupying part-time positions shall work hours and schedules as prescribed by their department heads.

(Ord. 2251 § 1, Exh. A(part), 1992).

A. Policy. It is the policy of the board that overtime work is discouraged; that each appointing authority is to arrange the work of the department so that employees shall work not more than the standard departmental workweek; that overtime work be held to a minimum, consistent with the efficient performance of necessary functions; and that overtime work be used only for emergencies or when temporarily using regular employees on an overtime basis can be shown to be more economical than using extra help. It is recognized that occasional overtime work may be necessary and that, in such instances, provisions shall be made to authorize, record and compensate employees for necessary overtime work.

B. Authority. A department head may require or authorize an employee to work overtime if such overtime work is essential to the continuing efficient operation of the department.

C. Overtime Defined. "Overtime" is authorized work in excess of the scheduled workday for a period of at least one-quarter of an hour (fifteen minutes).

D. Records of Overtime Work and Justification. Each department head shall keep an accurate record of all authorized overtime work, including the actual overtime hours worked by an individual employee, together with justification for authorization and the manner in which the employee was compensated for overtime work. This process may be done under an approved time sheet or payroll-reporting process in accordance with policies established by the auditor-controller.

E. Reporting Paid Overtime. Actual hours of authorized overtime to be credited for payment for each employee for a pay period shall be reported on the employee time report as directed by the auditor-controller.

F. Overtime Compensation.

1. Except as otherwise provided in this chapter, the applicable memorandum of understanding, and applicable laws and policies, employees shall be paid at one and one-half times the applicable straight hourly rate or shall be granted the equivalent hours, at time and one-half, of compensatory time off for all authorized work performed in excess of a scheduled workday or workweek.

2. Employees working a schedule of four ten-hour days shall be paid at one and one-half times the applicable straight hourly rate or granted the equivalent hours, at time and one-half, of compensatory time off for all authorized work performed in excess of ten hours in any workday, in accord with applicable provisions of the current memorandum of understanding.

3. Compensatory time off shall be scheduled at a time mutually agreed upon by the employee and the appointing authority.

G. Fringe Benefits Not Affected by Overtime. Overtime work shall not be a basis for increasing vacation or sick leave benefits, nor shall it be a basis for advancing completion of probationary or salary step advance periods.

H. Overtime for Call-back. Overtime paid in a call-back situation shall be in accord with appropriate laws, policies and memoranda of understanding.

I. Management Leave for Management and Supervisory Employees. Employees in management and supervisory positions shall not be paid, nor receive credit for, overtime work. Management and supervisory employees shall receive management leave under the terms and conditions specified in an enabling resolution.

J. Records. For employees who are required to work holidays and to whom time is paid in lieu of holiday time off, payment for overtime and payment for holidays must be recorded as separate line items.

(Ord. 2251 § 1, Exh. A(part), 1992).

A. The following are established as holidays for all unrepresented employees occupying permanent positions in county service:

1. December 31st and January 1st, New Year's Eve and New Year's Day;

2. The third Monday in January, known as Martin Luther King Jr. Day;

3. The third Monday in February, known as Presidents' Day;

4. The last Monday in May, Memorial Day;

5. June 19th, known as Juneteenth;

6. July 4th, Independence Day;

7. The first Monday in September, Labor Day;

8. The second Monday in October, Columbus Day;

9. November 11th, Veterans Day;

10. Thanksgiving Day and the Friday following Thanksgiving Day;

11. December 24th and 25th, Christmas Eve and Christmas Day;

12. Every day appointed by the President of the United States or governor of the state for a public fast, thanksgiving or holiday and so adopted by the board of supervisors.

B. Holidays for represented employees are dictated by the relevant memorandum of understanding with each bargaining unit.

C. A new employee whose first working day is the day after a paid holiday shall not be paid for that holiday.

D. An employee who is terminating his or her employment for reasons other than retirement, and whose last day as a paid employee is the day before a holiday, shall not be paid for that holiday.

E. In the event any of the holidays provided for in this section falls on a Sunday, the following Monday shall be deemed a holiday; if the holiday falls on a Saturday, the preceding Friday shall be deemed a holiday.

(Ord. 2251 § 1, Exh. A(part), 1992).

(Ord. No. 3220, § 6, 10-14-2025)

A. Each employee who has satisfactorily completed thirteen payroll periods of probationary status shall be eligible for vacation, not to exceed vacation credits earned up to that date. Each employee is thereafter eligible for vacation privileges as they are earned.

B. All vacations shall be scheduled and taken subject to the approval of the department head.

C. Every employee appointed to a permanent position in county service shall be entitled to an annual paid vacation based on the appropriate memorandum of understanding, law or policy. An employee may not utilize accrued vacation hours before completion of thirteen complete payroll periods following appointment to a permanent position.

D. Regular employees may accrue vacation time up to a maximum of two times their annual entitlement.

E. If an employee is terminated, he or she will be paid the equivalent salary for each hour of accrued vacation, based on his or her salary on the last day worked.

F. Accrual of vacation credits begins on the first hour of employment. A regular part-time (fifty percent or more) employee accrues vacation based on the proportion of his or her work period to a normal work period.

G. Vacation credits after January 1, 1979, lost through no fault of the employee, shall be paid for by the county. "No fault of the employee" means vacation credits lost because the department head or his or her designee specifically refused to release the employee from duty for the purpose of utilizing vacation credits. Payment for lost vacation credits shall require approval of the board of supervisors on an individual basis.

H. No person shall be permitted to work for compensation for the county, in any capacity, during the time of his or her paid vacation from county service.

I. An appointed department head shall notify the board of supervisors and the administrative office of the time he or she intends to take accrued vacation leave when such leave amounts to ten consecutive days or more.

J. County employees may be granted time off with pay to participate in community affairs or other public service efforts without being required to use their accrued vacation leave, with prior approval of the appointing authority and the CAO.

(Ord. 2251 § 1, Exh. A(part), 1992).

A. All regular employees working fifty percent of full-time or more, shall accrue sick leave at the rate of 3.692 hours for each eighty-hour biweekly payroll period of service, or in accord with applicable provisions of the current memorandum of understanding.

B. There is no limit to the amount of sick leave which may be accumulated.

C. Sick leave accrual begins on the first hour worked. Employees shall continue to accrue sick leave while off duty on authorized sick leave; provided, however, an employee shall not accrue sick leave during any leave of absence without pay granted to the employee.

D. Sick leave may be applied to absence from work caused by an employee's illness or injury, appointments with health care providers, or by the death or serious illness or injury or appointments with health care providers of a member of his or her immediate family. Sick leave used due to the serious illness, injury or death of a family member is granted in accord with the current memorandum of understanding; normally, that is forty hours of accrued sick leave per fiscal year for family sick leave and an additional twenty-four hours of accrued sick leave per fiscal year for bereavement leave.

E. Each department head is responsible for the control of sick leave abuse. Sick leave may not be used in lieu of vacation nor shall it be used in addition to vacation. The department head or the CAO may require a physician's certificate. The department head or CAO may request that the health department send a medically trained person to visit an employee's home to verify illness. Absent such required certification, the employee may be deemed on leave without pay and shall not be compensated for the absence. Leave without pay obtained in such a manner may be cause for disciplinary action.

F. Any person absent from work on sick leave shall so notify his or her department head on or before the first day of such absence.

(Ord. 2251 § 1, Exh. A(part), 1992).

A leave of absence is considered to be a privilege and as such must be requested by an employee.

A. Any officer or employee, other than a department head, may be granted leave of absence without pay for up to fifteen calendar days with written authorization of the department head; leave of absence without pay for up to one hundred twenty calendar days may be granted with written authorization of the CAO and with the recommendation of the department head. Leaves of absence for more than a total of one hundred twenty calendar days must be approved by the board of supervisors. A leave of absence without pay may be requested for reasons which in the opinion of the authorizing authority are justifiable, are beneficial to the county and the employee involved, and which will not create hardship in the department concerned. Leave of absence requests shall be initiated in writing by the employee, stating the reasons for the request, the proposed beginning date of the leave, and the proposed date of return.

B. A copy of any request for a leave of absence without pay shall be delivered promptly to the CAO and the county auditor-controller.

C. A leave of absence without pay may be for a period of up to one year, and the board may extend such leave for an additional period of up to one year (up to two years total). Procedure in granting extensions shall be the same as that in granting the original leave, provided that the request for extension must be made at least three weeks before the end of the original leave unless otherwise provided by resolution of the board of supervisors.

D. The granting of any leave of absence without pay may cause the employee's anniversary date to be postponed by the number of payroll periods equal to the number of payroll periods for which leave is granted.

E. Whenever an employee who has been granted a leave of absence without pay desires to return before the expiration of that leave, the employee shall notify the department head three weeks in advance of the anticipated date of return; the department head shall give the employee temporarily filling the position at least two weeks' notice of termination.

F. Leaves of absence without pay for a department head shall be granted only by the board of supervisors, for such periods as the board may deem appropriate.

G. Any employee who fails to return at the expiration of an approved leave of absence shall be considered automatically to have resigned. Such person may appeal all determinations to the CAO within four days of the end of leave of absence.

H. Benefits During Leave Without Pay.

1. Vacation and sick leave do not accrue during leave without pay;

2. The county's contributions to retirement and medical benefits cease during leave without pay, and the employee is suspended from the retirement system until his or her return. The employee may retain coverage in the medical benefit program by submitting payment monthly to the auditor-controller for the full amount of his or her premium, including the amount the county would normally contribute.

3. If an employee becomes sick during leave without pay, the employee is not entitled to sick leave benefits.

I. Military leave will be governed by the provisions of the Military and Veterans Code.

(Ord. 2251 § 1, Exh. A(part), 1992).

A. Whenever any county employee is directed by a licensed physician to be absent from duty due to illness or injury arising out of, and in the course of, employment, the employee shall receive full compensation for the scheduled work days falling within the first three days of such absence, provided a written statement from the attending physician is submitted to his or her department head and transmitted to the auditor-controller. Failure to provide such statement shall cause the absence to be charged against accrued sick leave or as leave without pay. Any reimbursement under the Workers' Compensation Act for the first three days of disability shall be paid to the county. Thereafter during such absence, employees may elect either to freeze their accrued paid leave, receiving only workers' compensation disability pay; or to apply prorated accrued sick leave, earned vacation and earned compensatory time credits to such absence in addition to such workers' compensation benefits received so as to receive his or her regular county pay, not to exceed the amount of accrued sick leave and earned compensatory time credits.

B. Unless the employee notifies the CAO and the county auditor-controller to the contrary, it will be presumed that the employee is electing to prorate his or her accrued sick leave and earned vacation and earned compensatory time credits so as to receive full salary. In prorating, the charge to the employee's accrued sick leave, earned vacation credits or earned compensatory time credits shall be to the nearest quarter of an hour. Prorating may be accomplished by the employee signing over to the auditor-controller workers' compensation disability payments (received from the Workers' Compensation Administration), if deemed appropriate.

C. Whenever practicable, an employee injured on the job shall report the injury immediately to his or her department head. In no event shall such notification be delayed beyond twenty-four hours. The department head must notify the administrative office immediately and must then complete any required report and deliver it to the CAO.

D. Employees who need medical attention for a job-related injury or illness and who expect reimbursement for the costs of treatment must be directed to and attended by physicians designated under the Employer's Self-Insurance System (Workers' Compensation) for the initial visit or to the appropriate hospital emergency room when those physicians are unavailable.

(Ord. 2251 § 1, Exh. A(part), 1992).

The salaries provided for in this chapter, related ordinances, and related resolutions shall be considered full compensation for all services rendered by employees of the county whose salaries are fixed by the board of supervisors, except those persons listed in exempt classes. Except as otherwise provided, employees shall receive compensation as provided in the basic salary schedule adopted by the board.

(Ord. 2251 § 1, Exh. A(part), 1992).

All employees of the county shall be paid biweekly as provided by the board of supervisors.

(Ord. 2251 § 1, Exh. A(part), 1992).

A part-time employee shall receive a biweekly salary based on the ratio of the number of hours in his or her part-time biweekly work schedule to the number of hours in the full-time biweekly work schedule of the department, applied to the salary to which he or she would be entitled as a full-time employee.

(Ord. 2251 § 1, Exh. A(part), 1992).

Persons employed in temporary or extra-hire positions shall be compensated at the hourly rate equivalent to the minimum step of the salary range to which the particular class or position is allocated. Under no circumstances shall an extra-hire employee be paid at a step higher than the minimum step of the appropriate salary range unless prior authorization for the higher payment has been granted by the board of supervisors. Such hourly rates shall be set forth in the basic salary schedule adopted by resolution of the board.

(Ord. 2251 § 1, Exh. A(part), 1992).

An employee called to jury duty may elect to draw his or her normal salary during that period. If the employee so elects, he or she must return any payment received for services as a juror, excluding any amount paid for travel or mileage. The employee may elect to keep the payment for services as a juror, but in that case will lose the salary for each day on which he or she was absent from work for jury duty. The employee may also elect to count each day of jury duty as a day of vacation, in which case the employee will receive both his or her pay and jury fees, but will have vacation accrual reduced by the number of days absent from work.

(Ord. 2251 § 1, Exh. A(part), 1992).

Policies governing official travel and reimbursement for official travel expenses shall be published and maintained in appropriate travel policies determined by the board of supervisors.

(Ord. 2251 § 1, Exh. A(part), 1992).

Premiums for bonds required by law or resolution of the board shall be charges of the county.

(Ord. 2251 § 1, Exh. A(part), 1992).

A. In the event that a key to a county office or a county gas key has been lost, it must be reported to the department head and the purchasing agent immediately. An affidavit that the key has been lost and that, if located, it will be returned to the purchasing agent must be signed by the employee. Costs involved in replacing keys or replacing locks as a result of lost keys shall be charged to the appropriate department.

B. Final checks shall not be released to employees upon resignation or retirement until assigned keys have been returned or an affidavit of loss signed by the employee.

C. Only the purchasing agent has authority to issue keys or have duplicate keys made.

D. Violation of this section may lead to disciplinary action.

(Ord. 2251 § 1, Exh. A(part), 1992).