Chapter 2.16 — CIVIL SERVICE SYSTEM

Editor's note— Ord. No. 5069, § 7, adopted Nov. 14, 2017, amended Ch. 2.16 in its entirety to read as herein set out. Former Ch. 2.16, §§ 2.16.010—2.16.060, 2.16.065, 2.16.070—2.16.130, pertained to similar subject matter and derived from Prior Code, §§ 4201—4206, 4208, 4211—4213; Ord. No. 3807, § 1, adopted 1988; Code 1997, §§ 2.60.010—2.60.060, 2.60.065, 2.60.080, 2.60.110—2.60.130; Ord. No. 4549, adopted Feb. 1, 2000; Ord. No. 4562, adopted Aug. 22, 2000; and Ord. No. 4996, § 2(2.60.060), adopted Apr. 30, 2013.

State Law reference— County Civil Service Enabling Law, Government Code § 31100 et seq.; civil service system generally, Government Code § 45000 et seq.

This chapter shall be known and may be referred to in all proceedings as the County Civil Service Ordinance.

(Ord. No. 5069, § 7, 11-14-2017)

The ordinance from which this chapter is derived is enacted pursuant to the provisions of the County Civil Service Enabling Law (Government Code § 31100 et seq.) for the purpose of enacting a limited civil service system for the County.

(Ord. No. 5069, § 7, 11-14-2017)

This chapter shall apply to all positions within the classified service, as defined in the Charter or by the Board of Supervisors consistent with the Charter.

(Ord. No. 5069, § 7, 11-14-2017)

There is established a Civil Service Commission (hereafter "Commission") for the County. The Commission shall consist of five members appointed by the Board of Supervisors from among those qualified electors of the County who are not employees or officers of the County.

(Ord. No. 5069, § 7, 11-14-2017)

A.

The Commission may for organizational purposes during the first quarter of each year, and shall meet at such times as shall be necessary to conduct hearings required by Section 2.16.080, and shall hold meetings as may be determined by the Commission and the Department of Human Resources. The Commission shall recommend for adoption by the Board of Supervisors such rules of procedure as it deems advisable for the orderly conduct of its business.

B.

Members of the Commission shall receive the sum of $100.00 per meeting attended in person, and $25.00 for meetings attended by telephone. Members shall also be provided lunch for meetings that are scheduled over the normal lunch period. Members shall also be reimbursed for reasonable traveling expenses from their place of residence to the place of meeting of the Commission and return, upon submission of such documentation as may be reasonably required by the County Auditor's office.

(Ord. No. 5069, § 7, 11-14-2017)

Civil service status shall not attach to any County employee with respect to any particular classification unless or until he or she has been continuously employed for the total period of time equal to the probationary period specified in the applicable memorandum of understanding or Board-approved resolution for the employee's original classification. In the event a County employee is promoted, voluntarily demotes, or voluntarily transfers to a related classification, his or her civil service status shall attach to his or her original classification when he or she has been continuously employed in the original classification

and the subsequent classification for the total period of time equal to the probationary period specified in the applicable memorandum of understanding or Board-approved resolution for the employee's original classification.

(Ord. No. 5069, § 7, 11-14-2017)

Except as otherwise provided by law, the following persons are part of the unclassified service and are not subject to the provisions of this chapter:

A.

Elected County officers;

B.

Appointed department heads;

C.

All appointed boards, committees, and commissions;

D.

All persons serving without compensation;

E.

Casual patient and inmate employees at County institutions;

F.

The Undersheriff, provided that employees in this position who have previously held classified positions in the Sheriffs Department with the County have the right to return to the classified service as provided by Article V, Section 502.1 of the County Charter;

G.

Any person holding a confidential position to each member of the Board of Supervisors;

H.

Persons employed to render professional, scientific, technical or expert services on a temporary basis for a specific project;

I.

Persons covered under state merit systems;

J.

Persons employed as independent contractors;

K.

Persons otherwise excluded by operation of law.

(Ord. No. 5069, § 7, 11-14-2017)

A.

An employee in the classified service who is appointed to the exempt position of Undersheriff shall, in the event the current Sheriff at such time leaves office or determines the services of the incumbent no longer meets the need of the department, have a right of return to the classified service subject to the following:

A request for return to a former classified civil service position must be made in writing to the Chief Administrative Officer within 15 regular County business days from the date the Sheriff leaves office or determines the services of the incumbent no longer meets the needs of the department. If no timely written request is made, the right to return is lost and the employee shall be separated from service.

The right to return shall be to the same department and to the same classification from which the employee was promoted.

B.

Nothing in this section modifies or alters the power of the appointing authority to terminate an employee from the position of Undersheriff at any time with or without notice or cause as an "at-will employee."

(Ord. No. 5069, § 7, 11-14-2017)

Procedures for hiring County employees and for review of their qualifications shall be as set forth in personnel rules adopted by the Board of Supervisors.

(Ord. No. 5069, § 7, 11-14-2017)

A.

Any officer or employee in the classified civil service may be dismissed, suspended without pay or reduced in rank or compensation by the appointing authority after appointment or promotion is completed by giving notice and proceeding in accordance with the provisions of this section.

B.

The officer or employee shall be provided a written notice not less than ten working days prior to the effective date of the intended action notifying the officer or employee of the proposed action and the effective date thereof, stating specifically the reasons for the action and advising the employee the location of all written materials, reports, and documents relating to the matter, and that the documents are available to the employee or his or her representative for inspection. Within the ten-day period, the employee has the right to respond to the department head about the allegations contained in the notice.

C.

After the ten-day period provided in Subsection B of this section, if the employee has failed to respond, or if the department head determines to proceed with the intended action or some further action, after having considered the response by the employee, the department head shall issue an order sustaining the action to be taken and the specific reasons therefor. The order may refer to the notice of intended action. The order shall be filed with the Director of Human Resources and a copy thereof shall be provided to the person subject to the action.

D.

Within ten working days after presentation of the order to the officer or employee, the officer or employee may appeal from the order through the Director of Human Resources to the Civil Service Commission. Upon the filing of the appeal, the Director of Human Resources shall forthwith transmit the order and appeal to the Civil Service Commission for hearing.

E.

Within 20 days from the filing of the appeal, the Commission shall commence a hearing and either affirm, modify or revoke the order. The appellant may appear personally, produce evidence and have counsel. The appellant may have a public hearing.

F.

The findings and decision of the Commission shall be certified to the department head or officer whose action was the subject of the hearing and forthwith enforced and followed by him or her.

G.

When a department head determines that an act or omission of an employee warrants immediate removal of the employee from his or her assigned duties, the employee may be suspended immediately and without pay for three working days or less according to the provisions of this section, except that the written notice required in Subsection B of this section shall be provided during the suspension or within five working days thereafter. Otherwise, all provisions of this section shall apply.

(Ord. No. 5069, § 7, 11-14-2017)

Secs. 2.16.090, 2.16.100. - Reserved.

No ordinance repealing or amending this chapter which nullifies the basic principles of the civil service system contemplated by this chapter and the County Civil Service Enabling Law shall be effective unless a proposition of such repeal or amendment shall have been submitted to an election and approved by a majority vote of the electors voting on the proposition.

(Ord. No. 5069, § 7, 11-14-2017)

A.

The Commission shall have the power to issue subpoenas and subpoenas duces tecum and compensate persons subpoenaed.

B.

This power shall be exercised and enforced in the same manner as the power granted in Article 9 of Chapter 1 of Part 2 of Division 2 of the Government Code (Government Code § 25170 et seq.), except that the power shall extend only to matters within the Commission's lawful jurisdiction, and that committees of the Commission shall not have this power.

C.

Witnesses subpoenaed by the Commission shall be paid fees in the same amount and in the same manner as provided for in Government Code § 68094.

D.

Subpoenas shall be signed by the Chair or Secretary of the Commission.

E.

Any member of the Commission or any member otherwise so empowered may administer oaths to, or take affirmations from, witnesses before the Commission.

(Ord. No. 5069, § 7, 11-14-2017)