Fresno County Municipal Code Ch. 3.08 Civil Service System

Footnotes:

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State Law reference— For statutory provisions authorizing counties to establish civil service systems, see Gov. Code § 31104.

Charter reference— For provisions requiring the creation of a county civil service, see Fresno County Charter § 44.

Cross reference— For provisions regarding creation of civil service commission, see Ch. 2.60.

The civil service of the county is divided into the unclassified and the classified service. The unclassified service includes:

A. All officers elected by the people;

B. All appointive boards and commissions;

C. Law library trustees;

D. All attorneys employed in their professional capacity as attorneys;

E. All appointive department heads;

F. Doctors and dentists employed in their professional capacity;

G. The county administrative officer;

H. The chief operating officer, assistant county administrative officers and deputy county administrative officers;

I. The deputy director of public works;

J. The clerk of the board of supervisors;

K. Casual patient and inmate employees of the county institutions;

L. All persons appointed under temporary appointments;

M. All persons appointed to perform work exclusively in a county service area where the services are required on an irregular, seasonal or part-time basis.

The classified service shall comprise all positions not specifically included by this section in the unclassified service.

(Ord. No. 20-015, § 1, 8-18-2020; Ord. 10-020, § 1, 10-5-2010; Ord. 01-014, § 2,; Ord. 01-007, § 1; Ord. 0-86-011; Ord. 00-81-002, § 2; Ord. 619, § 11, 1980; Ord. 607, § 2, 1979; Ord. 568-a-2, § 1, 1978; Ord. 586, § 1, 1977; Ord. 568-A-1, § 1, 1976; Ord. 568, § 3, 1975; prior code, § 171)

The maintenance and revision of the county position classification plan shall be a function of the director of human resources. Such function shall include responsibility for periodic and special reviews of class specifications and the auditing of individual positions and groups of positions. The director of human resources shall recommend such plan and changes therein from time to time to the board of supervisors. The board of supervisors, upon receiving the recommendation of the director of human resources, may adopt such plan and any change therein by incorporating the same in the county salary resolution which shall include the position classification, titles and salary ranges.

(Ord. No. 16-002, § 4, 4-26-2016; Ord. 01-014, § 2,; Ord. 581, § 3, 1976; prior code, § 171.1)

The board of supervisors shall adopt rules to implement Section 44 of the charter of the county and this chapter, which said rules, when adopted, shall have the force and effect of law. Such rules shall govern applications, the merit selection processes, probationary periods, promotions, separations, leaves of absences, layoffs, resignations, reinstatements, provisional appointments, certification to fill vacancies, disciplinary actions, appeals therefrom and such other matters as are not in conflict with the charter or this chapter.

(Ord. 581, § 3, 1976; Ord. 516-A-2, § 1, 1974; prior code, § 172)

Any person who has engaged in the military or naval service of the United States during a war as defined in the Military and Veterans Code of the state and who has been honorably discharged from such service or has been released from active duty under honorable conditions, who shall enter a competitive entrance examination shall, upon attaining the passing mark established for the examination, be given a preferential credit of five percent of the maximum rating for such entrance examination, which added to his rating on such examination constitutes his total rating. In the case of a promotional examination, no preferential credit is allowed.

(Prior code, § 175)

Any officer or employee of the county who enters the United States military or naval service or who is ordered by a duly authorized federal agency or commission to enter noncombatant service, shall have all of the rights and privileges with respect to reinstatement and civil service status as may be provided by the Military and Veterans Code of the state.

(Prior code, § 175.1)

When a leave of absence is granted to a permanent officer or employee in the classified service of the county pursuant to Section 3.08.080, the appointment of a person to fill the position held by such officer or employee shall be temporary.

(Prior code, § 175.2)

A. Except as otherwise specifically provided in this section, no officer or employee of the county, in either classified or unclassified civil service, shall do any of the following:

1. Engage in any political activity in connection with any election during his hours of employment by the county. As used in this section, hours of employment refers to time charged by the officer or employee to the county for payroll purposes, excluding break and lunch periods and periods of annual leave;

2. Engage in any political activity in connection with any election while on county premises or while using county property; except, that at times other than during hours of employment, the county officers and employees may participate in political meetings held on county premises pursuant to the provisions of this code or the county administrative code;

3. Knowingly permit any county premises, property or facility under his control to be entered or used for any political activity in connection with any election, except:

a. As required by county officers or employees in the administration of elections, or

b. When the use of said county premises or facility for a political activity has been authorized pursuant to the provisions of this code or the county administrative code.

4. Directly or indirectly use, promise, threaten or attempt to use any county office, authority, or influence, whether then possessed or merely anticipated, to confer upon or secure for any individual person, or to aid or obstruct any individual person in securing, or to prevent any individual person from securing, any position, nomination, confirmation, promotion, or change in compensation or position upon consideration or condition that the vote or political influence or action of such person or another shall be given or used on behalf of, or withheld from, any candidate, officer, party, or ballot proposition, or upon any other corrupt condition or consideration. This prohibition shall apply to urging or discouraging the individual employee's actions;

5. At any time while in uniform of a kind prescribed for or usually worn by any class of officer or employee of the county or while in or about a county-owned automobile then under his control take part in any campaign or election whatsoever or solicit any funds, contributions or services on account of any campaign or election;

6. In connection with any election, engage in any political activity whatsoever prohibited by federal or state law, whether specifically mentioned in this section or not.

B. Except as to elective officers themselves, any person violating the provisions of this section may be subjected to discipline by the appointing authorities subject to review by the civil service commission.

C. Except as certain activities are specifically prohibited herein during hours of employment or on county premises or otherwise specifically prohibited in this section, nothing in this section shall be construed to prevent any officer or employee from:

1. Soliciting or receiving political funds or contributions to promote the passage or defeat of a ballot measure that would affect the rate of pay, hours of work, retirement, civil service, or other working conditions of the officer or employee;

2. Soliciting political funds or contributions from a bona fide employee's organization;

3. Expressing their opinions on political subjects and candidates;

4. Becoming a candidate for nomination or election in a partisan or nonpartisan campaign subject to the provisions of Section 3.08.120;

5. Engaging in partisan or nonpartisan political activities as an individual or as a member of a group;

6. Contributing to political campaign funds subject to the provisions of Section 2.62.030;

7. Joining political organizations and voting on any questions presented;

8. Organizing and managing political clubs, serving as officer, delegate or alternate, or as a member of any committee;

9. Participating actively in political conventions;

10. Attending political meetings, rallies, and other gatherings, and organizing, preparing and conducting such gatherings;

11. Initiating, signing or circulating a partisan or non-partisan petition, distributing campaign literature, badges, and other materials in connection with any election;

12. Speaking publicly, or writing letters or articles for or against any political candidates; endorsing or opposing such candidates in a political advertisement.

(Ord. No. 23-016, §§ 1—3, 12-12-2023; Ord. 630, § 1, 1980; Ord. 595, § 1, 1977; Ord. 518-A-3, § 1, 1976; Ord. 518-A-2, § 1, 1975; prior code, § 177)

Editor's note— Ord. No. 18-018, § 1, adopted Nov. 6, 2018, repealed § 3.08.120, which pertained to employees—candidate for public office and derived from Ord. No. 595, § 1, 1977; Ord. No. 581, § 3, 1976; and prior code, § 177.1. Similar provisions can be found in § 3.04.030.

No officer or employee of the county in the classified civil service shall accept any noncounty employment or undertake any activity not a part of his duties as a county employee where he is to receive any compensation, benefit or advantage of any kind whatsoever therefrom and where the subject of such employment or activity is one which is the subject of review, regulation or control by the department of the county in which the employee is employed, or is one which otherwise creates a conflict in interest between such outside employment and the employee's duties as a county employee. The prohibition hereof does not apply where the benefit or advantage to the employee accrues to him merely as a member of the public generally or a particular class thereof. It shall be the duty of each department head to take appropriate disciplinary action for violations of this section.

(Ord. No. 21-003, § 1, 1-26-2021; Prior code, § 177.2)

No officer or employee of the county who separates from county service shall for a period of one year after separation enter into any employment, contract, or other compensation arrangement with any county consultant, vendor, or other county provider of goods, materials or services, where the officer or employee participated in any part of the decision making process that led to the county relationship with the consultant, vendor, or other county provider of goods, materials or services.

(Ord. 05-022, § 1)

The commission, for the purpose of carrying into effect the provisions of this chapter, has power to investigate the conduct and operation of any department or board, and to subpoena and require the attendance of witnesses and the production of books and papers, and to administer oaths. Any person failing to obey its subpoena or refusing to testify or produce books, or papers required of him is in contempt, and the commission has the power to take such proceedings in the punishment thereof as may be taken by the board of supervisors as provided by the laws of the state.

(Prior code, § 178)

No person seeking employment by the county or employed thereby shall be discriminated against contrary to law or rule relating to unlawful discrimination in employment.

(Ord. 581, § 3, 1976; prior code, § 180)

Except as otherwise required by state law, the auditor-controller/treasurer-tax collector shall not approve any salary or compensation for services for any person holding or performing the duties of any position in the county service, unless the auditor-controller/treasurer-tax collector possesses a document certified by the department of human resources to the effect that the name, title and rate of pay of the person to be paid are in accordance with the provisions of this chapter and the county personnel rules adopted pursuant thereto. The auditor-controller/treasurer-tax collector shall provide the director of human resources with a copy of the county payroll, covering one pay period, at least once during each calendar quarter for the purpose of spot-checking payroll data relating to classification numbers, position numbers, salary ranges and steps, and related information covering payments to employees.

(Ord. No. 16-002, § 4, 4-26-2016; Ord. 01-014, § 2; Ord. 581, § 3, 1976; prior code, § 181)

The board of supervisors shall include in the rules referred to in Section 3.08.030 provisions for pre-employment medical examinations of prospective employees as a condition of employment, and periodic physical examinations for employees holding positions as safety members pursuant to the provisions of the County Employees' Retirement Law of 1937, and special medical examinations of employees when in the opinion of the department head the employee is unable to perform the duties of his position by reason of his physical or mental condition. Such examination shall be given at county expense under the direction of the health officer. Where reasonably possible, pre-employment examinations and reports thereon shall be made and given prior to employment. Where by reason of unusual circumstances it is impractical to make the pre-employment examination and report thereon prior to employment, it may be made as soon thereafter as reasonably practical, in which event continued employment will be conditioned upon the successful passage of such examination. In the event the pre-employment examination is delayed until after employment, as provided in this section, the employee shall be notified prior to employment of the requirement and of the successful passing of such examination and that his continued employment is conditioned thereon. The rules shall provide for the establishment of standards of medical fitness for major groups of county employee classifications based upon work requirements. Failure to meet physical fitness standards established for pre-employment examinations shall disqualify the applicant from employment. The rules shall provide that where the physical examination of a safety member discloses some medical condition which does not prohibit the continued employment of the employee as a safety member but which requires treatment or other corrective measures, that the employee is required to take such treatment or other corrective measures and that persistent failure to do so is grounds for dismissal. The rules shall establish an appeal procedure and procedure for exceptions from strict compliance with the established standards in cases of unusual circumstances. The rules shall by specific provision take into consideration and make appropriate allowance for physically handicapped persons, who by reason of such handicap, may be unable to strictly meet the standards of physical fitness established for the particular classification of employment for which the physically handicapped person is a prospective employee and whose physical handicap will not substantially affect adversely the person's ability to discharge the duties of the particular employment for which he is an applicant. The rules relative to competitive examinations as provided in Section 3.08.030 shall likewise so specifically make provision for the physically handicapped.

(Ord. 581, § 3, 1976; prior code, § 182)