Contra Costa County Municipal Code Ch. 33-3 Merit System Ordinance Codified

(a) Resolution 80/290. On March 18,1980, this board adopted Resolution 80/290, which expressed the "basic objectives" and "merit principles" to guide the proposed merit system, and which embodied a draft County Merit System Ordinance to be proposed to the electorate as County Proposition "A" on the June 3, 1980, primary election ballot, pursuant to Government Code Section 31105.

(b) Ordinance 80-47. A majority of the voters on June 3, 1980, passed Proposition "A" adopting County Ordinance 8047, which by its terms (SEC. IV) became effective on July 1,1980, and operative on July 1,1981.

(c) Repeal of Ordinance 325 and Ordinance Code Division 32. Ordinance 80-47 repealed Ordinance 325 (the original civil service Ordinance) and Division 32 of this Ordinance Code (into which most of Ordinance 325 had been codified)

(Ord. 81-70 § 1)

For convenience of reference, of nonsubstantive amendment, and of correlation with effectuating ordinances, resolutions, and regulations, the provisions of Ordinance 80-47 are incorporated into this Ordinance Code in the Code's format, as Articles 33-3.5 through 33-3.15.

(Ord. 81-70 §1)

Article 33-3.5. Merit System Established

Under the authority granted in the County Civil Service Enabling Law, the merit system set forth in this division is adopted in order to place county employment on a merit basis for the purpose of obtaining the highest efficiency and assuring that the best qualified persons available shall be brought into and retained and promoted in the service of the county.

(Ords. 81-70 § 1, 80-47 § I[1]; see Govt. Code §§ 31100 ff)

Amendments that are not substantial may be made by a four-fifths' vote of the board of supervisors without submission to a vote of the people; but no amendment repealing this division shall be effective unless the proposition of its repeal first has been submitted to a vote of the qualified electors of the county at a general or special election and has received the affirmative vote of a majority of the electors voting on the proposition.

(Ords. 81-70 § 1, 80-47 § I[2])

All regular county officers and employees shall be included in the merit system except as exempted by ordinance adopted by the board of supervisors.

(Ord. 81-70 § 1, 80-47 § I[3])

The board of supervisors may apply this merit system to the personnel of any district, entity or agency of which it is the governing body, with such changes as are desirable or necessary.

(Ords. 81-70 § 1, 80-47 § I[4])

Article 33-3.7. Nondiscrimination

No person in the merit system or seeking admission thereto shall be appointed, promoted, disciplined, reduced, removed or in any way favored, disfavored, or discriminated against because of the person's political or religious or labor organization opinions or affiliations, or the person's race, color, national origin, sex, age, or handicap.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ords. 81-70 § 1, 80-47 § I[5])

Article 33-3.9. Merit Board

By resolution the board of supervisors shall create a merit board in accordance with Government Code Sections 31110, 31111 and 31112.

(Ords. 81-70 § 1, 80-47 § I[6], Res. 81/587)

The board of supervisors, by four affirmative votes, may remove a merit board member during the term of office, but must state in writing the reasons for removal and allow the member an opportunity for a public hearing.

(Ords. 81-70 § 1, 80-47 § I[7])

The merit board shall employ an executive secretary and may employ other staff subject to position and budget approval by the board of supervisors.

(Ords. 81-70 § 1, 80-47 § I[8]: see § 33-5.319)

(a) General. The merit board shall hear and make final determinations on: appeals from orders and actions of dismissal, suspension, or reduction in rank or compensation unless alternative jurisdiction is conferred by the board of supervisors. When it is given such jurisdiction by the board of supervisors, it may decide discrimination complaints and other matters.

(b) Others. It shall hear and make recommended determinations on other matters, when it is given jurisdiction of such matters by the board of supervisors.

(c) Oversee Merit System. The merit board as a whole shall monitor the operation of the county personnel management system including the merit system and report its recommendations from time to time to the board of supervisors.

(Ords. 81-70 § 1, 80-47 § I[9])

The merit board is granted power to issue subpoenas as provided in Government Code Section 31110.2.

(Ords. 81-70 § 1, 80-47 § I[10])

Article 33-3.11. Dismissal, Suspension, Demotion

Any officer or employee in the merit system may be dismissed, suspended, or reduced in rank or compensation only as provided in Government Code Section 31108.

(Ords. 81-70 § 1, 80-47 § I[11])

Article 33-3.13. Merit System Regulations

The board of supervisors on recommendation of the county administrator shall by resolution establish regulations for the merit system to carry this division into effect. These regulations shall have the force of law and shall be administered and enforced by the county administrator or designee.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ords. 81-70 § 1, 80-47 § I[12])

The regulations shall include provision for the following subjects: classifications; appointments; examinations; citizenship; veterans; eligible lists; temporary appointments; special appointments; probation periods; reinstatement; transfers and reemployment; promotions; separations; demotions; layoffs; leaves; transfers to county service.

(Ords. 81-70 § 1, 80-47 § I[13])

Article 33-3.15. Interim Provisions

If passed by a majority of the voters voting thereon on June 3, 1980, this division shall not displace or affect any existing provisions of any ordinance, regulation, or other administrative order or bulletin on the subjects covered herein until its operative date as set forth in Section 33-3.1507 and until then such provisions shall remain in effect unless amended or repealed in the meantime.

(Ords. 81-70 § 1, 80-41 § II)

This division shall not operate to deprive any employee of any right which has accrued prior to its operative date (July 1, 1981)

(Ords. 81-70 § 1, 80-47 § III)

If passed by a majority of the voters voting thereon on June 3, 1980, this division shall take effect on July 1, 1980, but shall become operative on July 1, 1981. It shall be assigned an appropriate number by the clerk of the board of supervisors.

(Ords. 81-70 § 1, 80-47 § IV)

If this division is passed by a majority of the voters voting thereon on June 3, 1980, all existing memoranda of understanding are amended to incorporate all existing civil service and personnel rules, regulations and administrative bulletins related to personnel matters in existence on March 18, 1980, with the exception of those rules, regulations, and bulletins relating to initial appointment.

(Ords. 81-70 § 1, 80-47 § V)

I hereby certify this ordinance was passed on June 3, 1980, by a majority of the electorate voting thereon.

J.R. OLSSON, County Clerk

By: Jeanne O. Maglio, Deputy

Date: June 4, 1980

(Ords. 81-70 § 1, 80-47)