Imperial County Municipal Code Ch. 3.08 Terms of County Employment

The terms and conditions outlined hereinbelow in Sections 3.08.020 through 3.08.080, shall apply to all employees in the classified service of the county of Imperial.

(Prior code § 24200)

Every officer or employee shall be a resident of the United States, unless otherwise authorized by law.

(Prior code § 24200.01)

No officer shall employ a member of the officer's immediate family in the officer's department. No officer or employee shall participate in the selection process for any member of his or her immediate family. No person shall be employed in a position where that position will be directly supervised by a member of the immediate family or where it is reasonable to believe and it can be shown that employment of immediate family members in the same department, division, or facility involves potential conflicts of interest or other hazards, and such refusal to employ has been approved in writing by the county's director of human resources and affirmative action officer.

Nothing in this subsection shall affect the right of the department head to reasonably regulate working conditions for immediate family members employed in the same department, division, or facility, for reasons of supervision, safety, security, or morale.

No provision herein contained, however, shall affect any employment status properly achieved under regulations in existence prior to the effective date of this subsection or affect any future employment or promotion rights of any persons who have achieved or hereafter achieve such employment status within the department.

(Prior code § 24200.02)

No person who has reached the mandatory retirement age for safety membership in the retirement system shall be eligible for appointment to county employment in a safety employee position.

(Prior code § 24200.03)

Civil defense is a part of the duties and responsibilities of all officers and employees and is not to be considered in addition to regular and normal duties.

(Prior code § 24200.04)

Attorneys or physicians employed full-time as regular county employees are prohibited from engaging in private practice.

(Prior code § 24200.05)

Where the classification has two or more levels, a vacancy in a classification of one level may be filled by employment of a person in that or any lower level of the classification.

(Prior code § 24200.06)

No employee shall participate in or accept outside employment without prior written authorization of the appointing authority, nor shall any officer or employee engage in any activity incompatible with his or her regular duties.

Any employee desiring to participate in or to accept outside employment shall request advance permission to do so in writing from the appointing authority. The appointing authority may determine that the subject outside employment activity is incompatible with the employee's regular duties for the county. Such a determination shall preclude the affected employee from participating in or accepting such employment. Any such determination by an appointing authority shall be presented in writing to the employee specifying the reasons for the determination.

(Prior code § 24200.07)

Each employee of the county is required to submit a completed employment application to the department of human resources prior to commencing employment.

(Prior code § 24200.08)

Each appointee shall be finger-printed, if required by law, and administered the loyalty oath prior to commencing employment. Moreover, each appointee shall be required to submit to a physical examination, at county expense. The standards for such a physical examination shall be set by the board of supervisors.

(Prior code § 24200.09)

Employees of those county departments which are included in the interagency merit system administered by the State Personnel Board shall have such rights and privileges and be subject to such regulations and limitations as may from time to time be made or given by law or rules of the State Personnel Board.

(Prior code § 24200.10)

All appointive officers shall be appointed by the board. All other appointments to positions in the classified service shall be made by the department head in accordance with the rules of the board as established by this title or by resolution. Department heads shall appoint only from among those persons who are certified to them by the director of human resources as being eligible for the particular classification of employment. Appointments shall be made in writing on forms prescribed by the director of human resources. A copy of the appointment signed by the department head or his or her authorized deputy and approved by the director of human resources shall be delivered to the county auditor-controller before payment shall be made to any employee occupying a position in the classified service. In the event a deputy is appointed, the original of such appointment shall be filed with the county clerk.

(Prior code § 24201)

Every person who has not previously been employed by the county of Imperial and any person who has severed his or her connection with the county in any matter, other than when on authorized leave of absence, shall be deemed to be a new employee.

New employees shall be appointed at the starting step of the salary range in effect for the particular position to which the appointment is made, except as hereinafter provided. Upon receipt of a written request from an appointment authority containing supporting information, the director of human resources, with the- consent of the county executive officer, may authorize the advance step appointment of an employee, up to and including Step "C" of they salary range.

The director of human resources may authorize the aforesaid advance step appointment only where he or she determines there is a direct and measurable benefit to the county to be gained therefrom based on the following factors.

A. The applicant's previous training and experience enable him or her to make a greater contribution than would typically be provided by a less experienced employee.

B. The applicant has an exceptional educational background including any job related credentials, certificates and/or special job related training that will directly enhance his or her anticipated performance.

C. Difficulty exists in recruiting qualified, experienced applicants for the particular position. No officer or employee may be initially employed above the "C" Step without prior approval of the board of supervisors.

(Prior code § 24202)

A. Whenever a department is authorized to fill a vacancy in a permanent position of employment or to add a permanent position of employment to the county's work force, the director of human resources shall be contacted concerning the method of selecting the replacement or appointment. The position may be filled by open recruitment among the general public (including but not limited to county employees) or by recruitment limited to county employees (excluding extra help). The position may also be filled by the promotion of a county employee. The method of recruitment shall be determined by the director of human resources. Whenever the determination is to select by promotion, the selection shall be subject to the provisions of this section.

B. When a department head desires to make a selection by promotion, the department head may request an intradepartmental promotion. If the emergency provisions of Section 3.08.150(H) exist, the department head may request an interdepartmental promotion. If the promotion is an intradepartmental promotion, the director of human resources shall assure that all employees in the department obtain reasonable notice and an opportunity to apply for the promotion, and shall certify as eligible all qualified employees who apply for the promotion. As used herein, the term "reasonable notice" shall mean a notice and filing report period of a duration determined by the director of human resources to be reasonable for the particular promotion under consideration, which period shall have a minimum duration of seven calendar days.

C. The department head shall certify in writing to the director of human resources that the most qualified applicant has been tentatively selected for the promotion. The director of human resources shall review the subject selection process, and if satisfied that the most qualified applicant has been tentatively selected, shall so certify in writing and approve the promotion.

D. If the promotion occurs in a job category in which the department has not achieved affirmative action goals parity for all affected groups, and members of the relevant affected group(s) are below parity as a percentage of the total groups of persons eligible for the promotion, and a member of the relevant affected group(s) is not chosen by the department for the promotion, the county's affirmative action officer shall make an independent review of such tentative selection decision. Based on such review, the affirmative action officer either shall certify in writing to the director of human resources and the department head that, in his or her opinion, the most highly qualified candidate was selected for the promotion, or shall recommend to the director of human resources that the promotion be set aside and the director of human resources take appropriate remedial actions. Such remedial actions shall include, but not be limited to, maintaining the position open for additional interviews or re-evaluations of applicants or promoting the most qualified relevant affected group applicant.

E. The certifications of the director of human resources and affirmative action officer shall by maintained by the county for monitoring and reporting purposes.

F. All promotional appointments shall comply with the appointment provisions of Section 3.08.120 and the salary provisions of Section 3.12.070. All employees promoted pursuant to the provisions of this section shall have the rights and liabilities of probationary employees as provided for in Section 3.08.170.

G. The term "promotion" as used herein shall include appointments of employees wherein an employee is vacating a job classification which is in a lower salary range than the job classification to which the employee is being appointed. The term shall not include appointments due to advancements from under-hired or training positions, reclassification of jobs or job classification title or salary changes.

(Prior code § 24202.03)

A. In order to encourage and facilitate the full utilization of all permanent county employees, to expand employee mobility and career opportunities, and to lessen the impact of force reduction layoff policies, all permanent employees of all county departments shall be eligible to interdepartmental and intradepartmental transfers in the county service pursuant to the provisions of this section.

B. All interdepartmental and intradepartmental transfers shall be voluntary in nature and shall be initiated by the written request to the director of human resources by the department head desiring to effect such a transfer to or in his or her department.

C. 1.

Any employee willing to take a voluntary demotion to a lower-salaried position or to a position at the same salary range in another or the same county department may be transferred at any time without compliance with other procedures. Except as provided in subsection (C)(3) of this section, the transfer requires only the approval by the department head of the department or departments directly involved in the transfer and by the director of human resources.

2. All interdepartmental and intradepartmental transfers shall require the written approval of the director of human resources. The director of human resources shall determine that all employees considered for such transfer meet the minimum qualifications for the vacant positions and certify the same to the recruiting department heads.

3. When the director of human resources determines that a transfer could expose the county to a potential claim of unfair treatment as it regards the affected job classification, the requested transfer shall be referred to the equal employment opportunity officer for review and recommendation.

D. In instances wherein two or more qualified employees desire to transfer to the same position, the department head of the department where the vacancy exists shall make a selection based on job-related criteria approved by the director of human resources and document the reasons for the selection writing. No such selection shall be final until approved in writing by the director of human resources.

E. All employees transferring to another county department or position pursuant to the provisions of this section, and serving probationary periods due to such transfers pursuant to the provisions of Section 3.08.160(C), shall have the rights and liabilities of probationary employees as provided for in Section 3.08.170.

F. Transfers effected pursuant to this section resulting in the voluntary demotion of an employee shall comply with the salary reduction provisions of Section 3.12.080. Transfers in the same class or a class in the same salary range shall comply with salary provisions of Section 3.12.090.

G. Notwithstanding anything to the contrary hereinabove, the board of supervisors may declare an emergency which may make employee layoffs imminent due to financial or budgetary conditions within the county, in which case the county executive officer shall be authorized to order the transfer of employees from one department to another, or from one position to another within the same department, without the approval of any affected department head. Such emergency transfer shall be limited to instances wherein the employee being transferred is subject to layoff pursuant to the county's force reduction policy as contained in Chapter 3.40. All other provisions of this section hereinabove contained shall apply to such emergency transfers.

H. Notwithstanding anything to the contrary hereinabove, if the board of supervisors declares an emergency as authorized in subsection G of this section, the board may also authorize that intradepartmental and/or interdepartmental transfers may be effected in instances wherein the transferring employees may receive an appointment which results in a promotion for the transferring employee. Such declaration of emergency by the board shall be temporary in nature, and the authority to make promotional transfers thereby shall be limited to the duration of the emergency as determined by the board. In all instances wherein promotional transfers are effected pursuant to the provisions of this subsection, provisions of Section 3.08.140 of this chapter shall apply.

I. Notwithstanding anything to the contrary hereinabove, if the board of supervisors determines that limits imposed by the board on county or departmental hiring, layoffs, furloughs, and/or reductions in hours result in the need for transfer of personnel in order to meet the operational needs of the county, the board may authorize the county executive officer to order the transfer of employees from one department to another or from one position to another position in the same classification within the same department without the approval of any affected department head. The involuntary transfer may be made upon ten (10) working days' written notice to the affected employees and department heads. If request is made in writing within five working days of the notice, the employee shall have the right to meet with the county executive officer to discuss the reasons for the involuntary transfer. Such transfer shall not result in the loss of compensation or benefits to any employee or in changing of status to probationary from permanent. The transferred employee shall be given the opportunity to return to his or her former position before that position is filled by regular established promotion and hiring procedures if that position is to be so filled within three years of the date of transfer. For the same three year period, the transferred employee will have the same right to notice and to apply for promotion in his or her former department as he or she would have had but for the involuntary transfer. The board shall review the determination of need at least once each three months. This subsection does not apply to members of the lieutenants/sergeants and deputy sheriffs bargaining units.

(Ord. 1298 § 2, 1999: prior code § 24202.05)

A. All new employees, as defined in Section 3.08.130 of this chapter, entering county service by appointment to permanent positions in the classified service, shall serve a probationary period of twelve (12) months, subject to any obligation to meet and confer, except for employees hired in the classification of deputy sheriff recruit who shall serve a probationary period of eighteen (18) months. In addition, all new employees in the following classification shall serve a probationary period of eighteen (18) months: (1) correctional officer; (2) deputy sheriff I; (3) deputy sheriff II; (4) deputy sheriff - Quechan I; and (5) deputy sheriff - Quechan II. The probationary period begins on the-effective date of appointment.

B. All employees who are promoted to positions in the same department or to positions in another department shall serve an additional probationary period in the new position of twelve (12) months, including law enforcement personnel. The probationary period shall begin on the effective date of the promotion. Promotions shall include appointments to positions in different, higher-salaried classifications and appointments from a lover level to a higher level position in the same classification where a classification has two or more levels.

C. All employees who are transferred to another county department or position pursuant to the county's interdepartmental or intradepartmental transfer policies, as contained in Section 3.08.150 of this chapter, shall serve a new probationary period in the new department or position, except where the transfer is to the same level of the same job classification as the position held immediately prior to the transfer and in which the transferred employee successfully completed a probationary period. Such employee shall not serve a new probationary period. Such probationary periods shall begin on the effective date of the transfer, and shall meet the duration requirements of this section. The new probationary period shall be required whether or not the transferring employee has already successfully completed a probationary period for the same classification or an equal-level classification in the county service and whether or not the transferring employee took a voluntary demotion at the time of the transfer. All affected employees shall be sent written notice of the new probationary period requirement from the director of human resources on or before, or immediately after, the effective date of the transfer. The notice shall specify that such employees are subject to the provisions of Section 3.08.170.

(Prior code § 24203)

A. A probationary employee may be separated from the classified service at any time during the probationary period, without right of appeal or hearing. The separation shall be at the discretion of the department head, with the approval of the director of human resources, and shall be based on job-related considerations.

B. Notwithstanding any other provision of this section, if a probationary employee fails his or her probationary period, and the employee is serving such probationary period because of an interdepartmental transfer which did not result in a promotion, the employee may be restored to his or her former position at the discretion of the employee's former department head. Such restoration by the department head shall not be mandatory but shall be optional with the department head. Any restoration shall include restoration of the employee's former salary, merit increase eligibility date, and all other benefits to which he or she would have been entitled had the transfer not occurred. The rights of any other employee which may be affected by such restoration shall be determined by the provisions of the county's force reduction layoff policy, as contained in Chapter 3.40, in the same manner as if the employee were subject to a force reduction layoff.

C. If a promotional, probationary employee fails his or her probationary period, and the employee has successfully completed a probationary period in a lower related classification or in a lower level of the same classification in the same department, the employee shall be entitled to be automatically restored to his or her former position in such same department. Such restoration shall include restoration of the employee's former salary, merit increase eligibility date, and all other benefits to which he or she would have been entitled had the promotion not occurred. The rights of any lower-level employee affected by such restoration shall be determined by the provisions of the county's force reduction layoff policy, as contained in Chapter 3.40, in the same manner as if the lower-level employee were subject to a force reduction layoff.

D. Except where not otherwise specified in this chapter, probationary employees shall be entitled to paid and unpaid leaves of absence pursuant to the terms prescribed for such leaves of absence on the same terms and conditions as are permanent employees. When leaves of absence are granted to an employee serving in a probationary period, the probationary period shall be extended by the number of days that the combined total of all such leaves of absence taken during the probationary period exceeds fifteen (15) calendar days, not counting holidays. If the total of all leaves of absence taken in the probationary period does not exceed fifteen (15) calendar days, the probationary period shall not be extended.

(Prior code § 24203.05)

A. Except for elected officers, employees in law enforcement activities, employees in fire protection activities, and as otherwise provided in this chapter, the compensation designated herein for county employees is predicated upon the performance of forty (40) hours of work during the work-week. The work-week and other work periods for county employees shall be established by resolution adopted by the board of supervisors.

B. It is the policy of the county that overtime work be discouraged. Department heads are responsible for the advanced planning required to minimize the need for overtime. Department heads may authorize payment for overtime work with prior approval of the board of supervisors. No employee shall be allowed to work overtime without the express prior approval of the department head, regardless of whether the overtime is compensated in wages or compensatory time off.

C. Employees shall be compensated at the rate of one and one-half times the employee's regular rate of pay or one and one-half times compensatory time off for all authorized hours worked performed in excess of forty (40) hours in any work-week for employees assigned a seven day work period; or in excess of the designated number of hours during the work periods established by the board of supervisors for employees in law enforcement and fire protection activities whose work periods are greater than seven days. Such paid and/or compensatory time off shall not, however, apply to officers, appointed officers, assistants to officers or appointed officers, contract employees, and other employees designated by the board of supervisors. This section shall be interpreted based upon the intent of the county to provide no less than nor more than the overtime compensation required by federal law.

D. Employees in law enforcement activities who are designated as eligible under this provision by the board of supervisors subject to compliance with the Meyers-Milias-Brown Act, shall be paid for authorized overtime hours worked at the rate of one and one-half times the employee's regular rate of pay or, if mutually agreed upon by the department head and the employee, the employee shall receive one and one-half times the authorized hours worked in compensatory time off.

E. All authorized hours worked beyond the normal work day shall be reported on the payroll certificate covering the period in which such time was worked, even where the total number of hours shown for the work-week does not exceed forty (40) hours. This provision does not mean that overtime will be paid for such hours worked, if not otherwise required by law.

F. Department heads shall arrange for employees to take earned compensatory time off within one year from the date the overtime was worked. When scheduling a leave of absence with pay, the department head shall notify the employee in writing of the amount of compensatory time he or she has accrued and the time during which such leave of absence shall be taken.

G. Any employee who terminates employment with the county shall be paid the monetary value of accrued overtime worked. In such-instances, the position vacated by the termination shall not be filled for a period of time equal to the monetary value of the overtime payment.

H. No department may employ a person from outside the service of the county, or from outside his or her department, as a substitute for a regular employee who is on leave of absence with pay on account of overtime service. It is the intent of this provision that where persons are permitted time off with pay for overtime services, the department must perform the work of such absentee without additional cost or expense.

I. All employees, except those employees in fire protection activities designated by the board of supervisors subject to compliance with the Meyers-Milias-Brown Act, who are required to work on a holiday as established by Section 3.08.250 of this chapter shall be compensated for such work performed at the rate of one and one-half times their regular rate of pay.

(Prior code § 24204)

A. Every employee and appointive officer holding a permanent position in the classified service shall earn .04615 hours of sick leave with pay for each paid, regularly scheduled working hour to a maximum of eighty (80) working hours in any pay period. Sick leave earned shall be added to the employee's or appointive officer's sick leave accumulation account upon completion of the pay period, with no credit to be applied during the progress of the pay period or for a portion of the pay period during which the employee or appointive officer terminates his or her service.

B. No employee or appointive officer shall be entitled to sick leave with pay while absent from duty on account of any of the following reasons:

1. Sickness or disability sustained while on leave of absence without pay;

2. Vacation;

3. Sickness or injury incurred while working for an employer other than the county of Imperial. None of the above provisions shall be construed as defeating the right of a permanently disabled employee or appointive officer to receive sick leave benefits or compensation therefor as provided for in subsection G of this section.

C. Any employee requesting sick leave shall furnish a certificate issued by a licensed physician, or other satisfactory proof of illness, upon the request of the department head. Any person absent from work because of sickness or injury shall notify or cause his or her department head to be notified the first day of such absence, except where he or she is physically unable to do so. It shall be the duty of every department head to report to the county auditor-controller any sick leave used by employees, on the payroll certificate for the period in which used. No person shall be allowed sick leave in excess of that actually accrued and credited to his or her sick leave account at the beginning of the pay period during which sick leave is used.

D. In any instance involving use of a fraction of a day's sick leave, the minimum charge to the employee's or appointive officer's sick leave account shall be one-quarter hour, while additional actual absence over one-quarter hour shall be charged to nearest quarter hour. Each department shall be responsible for control of abuse of the sick leave privilege.

E. All sick leave accumulated as of the date of retirement to the account of an employee or appointive or elective officer who retires for service, or who takes deferred service-retirement on or after July 2, 1976, shall be credited to the employee or officer for retirement purposes, and that sick leave credit shall be in addition to service credit; provided, however, that employees and appointive officers who elect to take the sick leave cash entitlement benefit provided pursuant to subsection F of this section shall not be entitled to sick leave service retirement credit for any hours of such accumulated sick leave. Employees and appointive officers who terminate county service and subsequently are re-employed by the county shall not accumulate sick leave for their former county service, and shall not obtain the sick leave retirement credit herein provided for such former service.

F. All employees and appointive officers, except those on the "X" salary schedule, who voluntarily terminate or retire from county employment after ten (10) years of continuous service shall be entitled, in lieu of the benefits provided for in subsection E of this section, to elect to be compensated at the monetary value of fifteen percent (15%) of such employee's or appointive officer's accumulated sick leave hours, such monetary value to be determined based on the employee's or appointive officer's salary level on the date of such voluntary termination or retirement. Each such employee or appointive officer who elects to receive a cash payment shall not receive any sick leave credit for service retirement purposes otherwise provided for by subsection E of this section for any hours of accumulated sick leave. If the cash payment is elected, the monetary value of the cash payment shall be based on the person's salary level as of the last day served in his or her employment status as an employee or appointive officer.

G. All employees and appointive officers who are voluntarily or involuntarily retired for disability shall be entitled to compensation in a lump-sum payment for all accumulated sick leave benefits credited to their accounts on the effective date of the disability retirement. Any disabled employee or appointive officer who exhausts accrued sick leave benefits before the effective date of disability retirement, shall be placed on any other type of compensatory leave to which he or she may be entitled until the effective date of disability retirement. Sick leave benefits shall not be used for the purpose of postponing the effective dates of disability retirements; it is the policy of the county that all permanently disabled employees and appointive officers shall be retired for disability at the earliest feasible date determined by the county board of retirement.

H. Elective county officers shall not accrue sick leave benefits under the provisions of this section. If a county employee or appointive officer becomes an elective county officer, the employee or appointive officer shall, for purposes of this section, be deemed to have voluntarily terminated service with the county effective the date of taking the elective office. On or after October 3, 1978, if any such employee or appointive officer has accumulated sick leave credits to his or her account on such voluntary termination date, the person shall be entitled, on that date, to elect either to retain accumulated sick leave hours in his or her account for the purpose of eventually exercising the sick leave service retirement credit provided for by subsection E of this section or to immediately be paid the sick leave cash payment benefit provided for by subsection F of this section, the cash payment to be based on the person's salary level on such voluntary termination date.

(Prior code § 24205)

(Ord. No. 1485, § 1, 12-11-12)

A. All county officers and employees, as provided for by resolution adopted by the board of supervisors, shall be entitled to a buy-back of sick leave benefits accrued to their accounts, on the following basis: Such employees who have at least two hundred (200) sick leave hours accrued to their accounts at the beginning of any fiscal year shall be entitled, at the end of that fiscal year, to be paid one-half of those sick leave hours earned during that fiscal year which are in excess of the total number of sick leave hours taken off during that fiscal year. Such buy-back of sick leave benefits shall be paid for by the county at the employees' base salary rates to which they are entitled as of the last day of the last full pay-period occurring in the month of June of the year for which the buy back payment is made.

B. In the month of July of each fiscal year, the auditor-controller shall determine the buy-back sick leave entitlement of all employees of the county who elect to receive such buy-back benefits for the previous fiscal year. Each department head shall by June 30th of each year, in writing, inform the auditor-controller of the elections of each employee, on forms provided by the auditor-controller and pursuant to instructions issued by the auditor-controller. Each employee determined by the auditor-controller to entitled to a sick leave buy-back shall be provided a supplemental payroll warrant in the appropriate amount by the auditor-controller.

(Prior code § 24205.05)

A. Any appointive officer and employee holding a permanent position may, within a fiscal year, use an amount not less than the sick leave that would be accrued during six months at the employee's then current rate of entitlement for the care of his or her child, parent, sibling or spouse or domestic partner, or the spouse or domestic partner of any of the preceding.

B. Employees requesting the use of sick leave under this section may, at the discretion of the department head, be required to submit a certificate or statement from a licensed physician.

C. The charge to the employee's sick leave account shall be in accordance with Section 3.08.190(D).

(Ord. 1435 § 1, 2008: prior code § 24206)

A. Every person holding a permanent position in the classified service shall be entitled to use a maximum of five days accumulated sick leave credit within any fiscal year for each absence due to death in his or her immediate family.

B. Notwithstanding any other provision of these ordinances, every employee shall be entitled to three days of bereavement leave for each death in the employee's immediate family without a charge being made for such leave to the employee's accumulated sick leave benefits. "Immediate family," for purposes of this benefit, is defined to include the employee's spouse, domestic partner, grandfather, grandmother, spouse's or domestic partner's grandfather and grandmother, father, mother, father-in-law, mother-in-law, son, son-in-law, daughter, daughter-in-law, sister, sister-in-law, brother, brother-in-law, grandchild of either spouse or domestic partner or employee, or any relative living in the immediate household.

C. No employee shall be entitled to more than nine days of leave without a charge being made for such leave to the employee's accumulated sick leave benefits under this section per fiscal year. Unused leave under this section shall not accumulate from year to year.

(Prior code § 24206.05)

(Ord. No. 1465, § 1, 9-28-10)

A. Every person holding a permanent position in the classified service shall be entitled to an annual paid vacation of fifteen (15) working- days for each year of full time service. Computation shall be based on .05769 of an hour for each hour of paid time up to a maximum of eighty (80) hours per pay period. Employees who have completed fifteen (15) years' service shall be entitled to twenty (20) working days annual vacation. Computation of twenty (20) working days annual vacation shall be based on .07692 of an hour for each hour of paid time up to a maximum of eighty (80) hours per pay period.

B. All county employees, shall be eligible to take vacation when one year of continuous county employment is completed. All vacations shall be scheduled and taken subject to the approval of the department heads.

C. Vacation credits may not be accumulated in excess of thirty (30) days or two hundred forty (240) hours, except that employees and appointive officers who have completed fifteen (15) years of continuous service may accumulate forty (40) days, or three hundred twenty (320) hours. Vacation credits lost through no fault of the employee, shall be paid for by the county. "No fault of the employee" is defined to mean vacation credits lost because the department head or his or her designee has specifically refused to release the employee from duty for the purpose of utilizing vacation credit. Payments for lost vacation credits shall require the approval of the board of supervisors on an individual basis. If any employee, is precluded from taking his or her vacation and as a consequence commences to lose accrued vacation hours, the employee's department head shall be obligated to request of the board of supervisors that the affected employee be paid in cash the value of all vacation hours lost as a result of the subject denial of the vacation request. The department head shall submit such request to the board of supervisors within ten (10) working days from the date the vacation request is denied.

D. Any appointive officer or employee who voluntarily or involuntarily terminates his or her employment shall be paid the monetary value of unused vacation credits. Unused vacation credits shall not be considered in calculating the length of county service.

E. When separation is caused by death of any employee, payment shall be made-to the estate of such employee, or in applicable cases, as provided by Section 630 of the California Probate Code. Nothing in this section shall be interpreted as preventing a department head from filling a position vacated by separation immediately following the last day actually worked by the separated employee.

F. No person shall be permitted to work for compensation for the county, in any capacity, during the time of their paid vacation from county service.

(Prior code § 24207)

A. All county officers and employees designated by the board of supervisors as management employees shall be entitled to five days of administrative leave with pay on a fiscal year basis. Such leave shall be nonaccumulative in nature, but shall be in addition to any vacation, holiday, or any other types of leave accumulated to the accounts of such employees.

B. All management employees shall be entitled to take administrative leave at the discretion of their department heads. County officers and department heads entitled to administrative leave may take such leave at their discretion by providing written notice of the dates of such leaves to the county executive office.

C. All county employees designated by the board of supervisors as confidential employees shall be entitled to one day of administrative leave with pay, on a fiscal year basis. Such leave shall be nonaccumulative in nature but shall be in addition to any vacation, holiday, or any other types of leave accumulated to the accounts of such employees. Such employees shall be entitled to take administrative leave at the discretion of their department heads.

(Prior code § 24207.05)

A. The following are established as holidays for all persons occupying a permanent position in the classified service:

1. January 1st;

2. The third Monday in January;

3. The third Monday in February;

4. March 31st, known as Cesar Chavez Day;

5. Good Friday;

6. The last Monday in May;

7. July 4th;

8. The first Monday in September;

9. November 11th, known as Veteran's Day;

10. The Thursday in November appointed as Thanksgiving;

11. The Friday following Thanksgiving Day;

12. December 25th;

13. Every other day, or a portion thereof, approved by the president or governor as a holiday and reviewed and approved by the board of supervisors through board action.

B. In the event any of the above holidays fall on a Sunday, then the following Monday shall be deemed a holiday in lieu thereof. If the holiday falls on a Saturday, then the preceding Friday shall be deemed a holiday in lieu thereof.

C. Any employee occupying a permanent position who is required to work on a holiday, or whose regularly scheduled day off falls on a holiday, shall be entitled to equivalent time off which shall be reported as compensatory time earned on the payroll certificate, unless otherwise provided for in an applicable memorandum of understanding.

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

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

F. In order to be eligible for and receive holiday payment, an employee must be on a paid status, both the workday preceding the holiday and the first workday subsequent to the holiday. Paid status may include any combination of actual time worked, vacation, sick leave, or other paid leave. Leave without pay, whether authorized or not, will not qualify an employee for holiday pay.

G. Holiday pay is based on a forty-hour work week. Employees scheduled to work less than forty (40) hours per week shall receive prorated holiday payment. The employees must be on paid status on their last scheduled workday before the holiday and their next scheduled workday after the holiday to be eligible for holiday payment.

(Prior code § 24208)

(Ord. No. 1538, § 1, 4-9-19; Ord. No. 1574, § 1, 12-14-21)

A. Leave of Absence for Military Leave.

1. Every officer and employee of the county of Imperial shall be entitled to such military leaves of absence with pay and other benefits as are provided in the Uniformed Services Employment and Reemployment Rights Act (38 United States Code Section 4301 et seq.) and California Military & Veterans Code Section 389 et seq.

2. In addition to the benefits provided for in subsection 1 above, any county officer or employee who is ordered to active military duty as a result of the activation of military reservists or ordered into active federal military duty as a member of the National Guard or Naval Militia shall be entitled to a stipend amounting to the difference between their regular county salary and their military salary starting on the thirty-first calendar day of military leave. The stipend shall continue for up to three hundred thirty-five (335) calendar days of active military service in addition to the thirty (30) days provided for in subsection 1. During this up to three hundred thirty-five-day period, the county will provide for the county-sponsored health and life insurance plan (Plan IV) for affected military members and their dependents. At the member's option, he or she may choose to continue with his/her present health, dental or life insurance plan; however, any additional cost for this option shall be paid by the member or by the county pursuant to existing bargaining unit agreements or county policies. Members should note that the member's accidental death and dismemberment ("AD&D") insurance policy contains a war exclusion.

3. Affected military members who are eligible for the military leave stipend will be placed on a leave of absence with right to return to their position. It is the intent of the county in adopting this section that payment of the stipend to a member on such military leave of absence should not be indicative that such member is performing services for the county during such military leave of absence and that any disability or injury incurred during such leave of absence shall not be considered service-connected as it relates to county employment for purposes of disability retirement or workers compensation benefits.

4. Government Code Section 31649.5 is hereby made applicable to the county of Imperial and service credit in the retirement system shall apply to affected military members returning to service following military leave pursuant to the provisions thereof.

5. a.

"Military salary" as that term is used in this section shall mean the total gross compensation received by the affected military member, including base pay basic allowance for quarters, subsistence allowance, sea or foreign duty pay and any special duty pay as shown on the member's military leave and earnings statement ("LES"). It shall be the member's responsibility to provide county's department of human resources and risk management with a copy of such LES.

b. "County salary" as that term is used herein shall mean total gross compensation being paid to the affected military member prior to departing for military leave of absence, including scheduled salary, any merit increases which would otherwise have been given as contemplated by Military & Veterans Code Section 395.1 and any special duty pay which was regularly paid to such member.

3. County salary payments for the period authorized by subsection 2 above shall not include uniform allowance, per diem, travel costs or any other remuneration of cost attributed to performance of duty.

4. a.

The county's auditor-controller herein is authorized to pay the stipend authorized in subsection A.2. above by providing the affected military member a county warrant in the amount of the member's total regular salary benefits compensation for each payroll period of said military leave and to receive as offsets against said sums said member's total military salary as that term is defined in subsection 5.a. above.

b. The affected military members who are eligible for military leave under this section shall become entitled to such stipend payments in the manner provided for in paragraph 6.a. hereinabove by executing a form agreement with the county's auditor-controller in a form approved by the county counsel and auditor-controller. Said form agreement shall provide that the county's auditor-controller will continue to make normal payroll payments to the member during the period provided for in subsection A.2. above and shall provide that the member unconditionally assigns any rights he or she has in a military salary as defined hereinabove in subsection 5. Said agreement form shall also make provision whereby such members agree in advance as to the amounts the auditor-controller may deduct from county payments to the members during the duration of such military leave for such items as federal and state income taxes, deferred compensation, health and dental/vision insurance, retirement, SDI, Medicare, 125 Plan payments, etc. Other types of job benefits that accrue only when a member is actively in county service (i.e., holiday, vacation, sick leave pay uniform/post/shift differential, merit increases, optional deductions, dues, etc. shall not be included in such county payment computations. The auditor-controller herein is authorized to either require or exclude such deductions or amounts or to make exceptions to such deductions or amounts as said officer, in his discretion, shall determine to be proper. Where court orders so require, deductions shall continue to be included (i.e., garnishments, child support payments, etc.).

c. Nothing herein contained shall be construed by any affected military members to indicate that the payment of such stipends is in any way indicative that said member is performing any kind of services for the county during such military leave of absence. These payments as provided for herein are strictly intended by the county to provide officers and employees of the county who must go on military leave an additional benefit for being called to active military leave duty.

B. Leave of Absence for Judicial Purposes.

1. Every officer or employee occupying a permanent position in the classified service shall be entitled to leaves of absence to appear as a witness in court other than as a litigant, or to respond to an official order from another jurisdiction for reasons not brought about through the connivance or misconduct of such officer or employee. Likewise, every officer or employee shall be entitled to leaves of absence when regularly called for jury duty in the manner provided by law.

2. Any officer or employee who is summoned for attendance in court under this section shall be deemed to be on duty and there shall be no loss of salary provided he or she deposits his or her fees for such service, exclusive of mileage, with the county treasurer through his or her department head.

3. Any officer or employee who is summoned to serve under this section shall notify his or her department head in writing.

(Ord. 1346, § 2: Prior code § 24209)

A. Any officer or employee, other than a department head, may be granted a leave of absence without pay not to exceed fifteen (15) calendar days upon written authorization of the employee's department head and up to one hundred twenty (120) calendar days upon written authorization of the director of human resources and upon recommendation of the department head. Such leave of absence without pay may be requested for substantive reasons which in the opinion of the authorizing authority are justifiable and are to the benefit of the county and 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 his or her request, the proposed beginning date of the leave and the proposed date of return.

B. Notwithstanding any other provisions of this section, a female employee who becomes pregnant may request a pregnancy leave as provided for in Section 3.08.290, including a leave of absence without pay, as therein provided.

C. A copy of any request for a leave of absence without pay shall be delivered promptly to the director of human resources and county auditor-controller.

D. A leave of absence without pay may be extended for a period not to exceed one year, and the board of supervisors may extend such leave for an additional period not to exceed one year. Procedure in granting extensions shall be the same as that in granting the original leave provided that the request for the extension is made at least three weeks prior to the end of the original leave unless otherwise provided by resolution of the board.

E. The granting of any leave of absence without pay exceeding fifteen (15) calendar days shall cause the employee's anniversary date to be postponed a number of months equal to the nearest number of months for which the leave is granted.

F. Whenever an employee who has been granted a leave of absence without pay desires to return before the expiration of such leave, he or she shall notify the department head three weeks in advance of his or her anticipated date of return. The department head shall give the employee filling the position temporarily at least two weeks notice prior to terminating his or her employment.

G. Leave of absence without pay for a department head shall be granted only by the board of supervisors, for such periods as the board may determine.

H. Any employee who fails to return at the expiration of a leave of absence or who is absent without prior authorization shall be considered to have automatically resigned. Such resignation may be rescinded by the department head with the approval of the director of human resources if the employee presents satisfactory reason for his or her absence within four calendar days of the date his or her automatic resignation was effected. If such employee is a disabled employee, the provisions of subsection I of this section shall apply.

I. Any disabled employee who is a permanent employee of the county and has exhausted all types of compensatory leave benefits and is still unable to return to work as a result of temporary disability, shall, be placed by the department head on leave of absence without pay for a period not to exceed six months. At the termination of such leave without pay, if such employee is still unable to return to work, the department head, after complying with the provisions of Chapter 3.24, shall either apply to retire the employee or terminate the employee for disability, or seek special permission from the board of supervisors to continue the employee' s employment status. If such temporarily disabled employee is a probationary employee, the department head shall determine whether the employee shall become a permanent employee of the county by evaluating the employee in the same manner as required for all probationary employees, and if it is determined that employee become permanent, the employee shall be entitled to all the rights herein provided for permanent employees. These policies shall apply whether the temporary disability is job-related or non-job-related in cause.

(Prior code § 24210)

A. This section applies to all county employees except those governed by the provisions of any memorandum of understanding relating to work furloughs. For the purpose of reducing county expenditures, the board of supervisors may require any employee to take no more than thirteen (13) working days per fiscal year of leave without pay. This leave will be called a "work furlough". The county shall provide at least ten (10) calendar days' written notice to each affected employee prior to the first day of each period of such work furlough. Prior to providing the notice, a county representative will be made available to explain to representatives of the employee organizations representing the affected employees the financial basis for the furlough. This is for informational purposes only. Nothing in this provision means that the decision to require the furlough is subject to the grievance procedure. Nothing in this provision means that a work furlough is subject to meet and confer.

B. Periods of work furlough shall not affect an employee's entitlement to county contribution toward health benefits, accrual of seniority, accrual of vacation and sick leave, period of probationary employment, or anniversary date, nor shall, a period of work furlough be considered a break in service. Periods of work furlough shall not adversely affect an employee's retirement service credit or otherwise reduce his or her retirement benefits. In a department in which there are both bargaining unit members and nonbargaining unit members in the same classification (i.e., extra help, temporary, seasonal, substitute), the nonbargaining unit members will not be employed during periods when bargaining unit members in the same classification in the department are on work furlough.

C. No employee may be required to take more than five days per month of work furlough. If a furlough is required for more than one day in a month, the employee's pay will not be reduced by more than one day per pay period. The county will establish a schedule of pay reductions, in advance of and/or following the furlough to complete the pay reduction. Pay reductions may be in units of less than one day per pay period. If an employee is separated from service, any remaining reduction will be taken from the employee's remaining pay due.

D. A decision to implement a furlough will not be made based upon whether the affected positions are general fund positions under the county budget, except to the extent required by law. The county intends that a furlough would normally be part of a general plan in which one or more departments as a whole would close for business to the extent possible under applicable law and the operational needs of the county, as determined by the board. Other exceptions to department closure would be made only under specific circumstances approved by the board.

(Prior code § 24210.3)

A. Any female employee who becomes pregnant shall be entitled, upon written request of the employee, to take a pregnancy leave of absence for a reasonable period of time. "Reasonable" means a leave of absence not exceeding four calendar months in duration. Such leaves may be with pay, utilizing sick leave, vacation, holiday, or any other compensatory time benefits accrued to the account of the employee, or may be leaves without pay, or any combination thereof.

B. Pregnancy leaves shall be at the option of the employee and shall be based upon the written request of the employee to her department head. The written request shall indicate the anticipated date of delivery, requested duration of the leave, the requested beginning and ending dates thereof, and. the requested payment basis for the leave (i.e., the extent to which the employee requests that the leave be with pay, accrued benefits to be charged to cover the same, and the extent to which the employee requests that the leave be without pay). The written request shall be made by the employee as soon as practicable after a determination of the pregnancy has been made.

C. Notwithstanding the existence or absence of an approved pregnancy leave for the employee, in the event a pregnant employee's attending physician determines that the employee is unable to work, the employee shall present her department head a written statement from her physician to that effect, and the employee shall be granted a leave of absence by her department head for temporary disability. The employee shall be eligible, at her option, to apply accrued sick leave, compensatory time or vacation benefits to the period of the disability; otherwise, the leave shall be a leave of absence without pay. An employee granted such a leave due to temporary disability shall not be allowed to return to work until she has provided her department head a written statement from her attending physician indicating that she can return to work.

D. A pregnant employee may request a transfer to a less strenuous or less hazardous position for the duration of or a portion of her pregnancy, if such request is based upon the advice of her physician. Such request shall be honored where such transfer can be reasonably accommodated.

E. The granting of any leave of absence without pay for a pregnancy leave or a part thereof exceeding fifteen (15) calendar days shall require the written authorization of the director of human resources, pursuant to the provisions of Section 3.08.270(A) of this chapter, and any such leave shall cause the employee's anniversary date to be postponed as provided for in Section 3.08.270(E) of this chapter. A department head shall not require that any particular type of accrued benefits be exhausted by the employee before a pregnancy leave or a portion thereof is approved as a leave without pay.

F. No employee who has terminated her pregnancy after taking pregnancy leave shall be permitted to return to work until a written statement from her attending physician authorizing the return to work is furnished to her department head.

(Prior code § 24210.5)

A. Whenever any person employed by the county is compelled by direction of a licensed physician to be absent from duty due to illness or injury arising out of and in the course of his or her employment, the employee shall receive full compensation for the scheduled work days falling within the first three work days of such absence, provided a written statement from the attending physician is submitted to the 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 Worker's Compensation Act for the first three days of disability shall be paid to the county. Thereafter during such absence, employees may elect to apply pro-rated accrued sick leave and earned vacation and earned compensatory time credits to such absence and to receive compensation to which they are entitled under the Worker's Compensation Act and their regular county pay, not to exceed the amount of their accrued sick leave and earned vacation and earned compensatory time credits.

B. Unless the employee notifies the director of human resources and the county auditor-controller to the contrary, it will be presumed in all cases 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 pro-rating, the charge to the employee's accrued sick leave, earned vacation credits or earned compensatory time credits, shall be to the nearest quarter of a day.

C. Whenever practicable, an employee incurring an on the job injury shall report the injury immediately to his or her supervisor. In no event shall such notification be delayed beyond twenty-four (24) hours.

D. Labor Code Section 4850 Benefits.

1. Whenever any county firefighter, sheriff or any officer or employee of the sheriff's department or any inspector, investigator, detective or personnel with comparable title in the district attorney's office, who is a member of the county employees retirement system (excluding those employees whose functions do not clearly fall within the scope of active fire-fighting and prevention service or active law enforcement service), is disabled, whether temporarily or permanently, by injury or illness arising out of and, in the course of his or her service with the county, he or she shall be entitled, regardless of the period of service with the county, to a leave of absence while so disabled without loss of salary, in lieu of temporary disability payments, if any, for the period of such disability but not exceeding one year, or until such earlier date as he or she is retired on permanent disability pension.

2. It shall be the responsibility of the employee's department head to determine, if and when such an employee shall be placed on leave of absence as provided for hereinabove. The initial report of occupational injury shall be made to the department of human resources by the employing department on the appropriate occupational injury form. The department of human resources shall determine the employee's worker's compensation benefits and notify the auditor-controller to pay to the employee the difference between the worker's compensation benefits and the employee's salary. There shall be no charge made against the employee's earned sick leave, vacation, or compensatory time credits during such absence, and all normal accruals of employee benefits for sick leave, vacation, and holiday time shall continue to be credited to the account of the employee during such absence. While on leave of absence, the employee shall be shown on the departmental payroll as OI.

3. In the event it is not immediately determined that the disability was incurred in the performance of duty, but is later determined to have been so incurred, the employee shall be considered to have been on occupational injury leave of absence from the date of his or her disability and shall be eligible to receive full benefits for the period of such disability in accordance with the provisions hereinabove. Such subsequent determinations shall be the responsibility of the employee's department head and the department head shall authorize the payments owing to the employee pursuant to the provisions of this section.

4. When a disabled employee covered by the benefits provided for in this subsection is out due to serious injury or illness, and the department head is informed by the county's workers' compensation insurance carrier or other competent medical practitioner that such employee is permanently incapacitated to perform his or her duties, the department head shall either: (a) immediately reassign the employee to another position in the department or county, if such disabled employee is capable of performing other duties in the service of the county, pursuant to the requirements of this subsection; or (b) if such reassignment is not possible, immediately initiate-proceedings to involuntarily retire the employee for disability. In either case, the benefits provided by this subsection shall be terminated on the effective date of the reassignment or retirement.

5. If a temporarily disabled employee is out on leave as provided for in this subsection, and such benefits are exhausted before he or she can return to work, the employee shall then be placed on pro-rated occupational injury leave pursuant to the provisions of subsections A and B of this section until the date of return to work. If a permanently disabled employee is out on leave as provided for in this subsection, and such benefits are exhausted before he or she can be retired for disability pursuant to the provisions of subsection (D)(4) of this section, the employee shall then be placed on pro-rated occupational injury leave pursuant to the provisions of subsections A and B of this section until the effective date of retirement for disability as determined by the county board of retirement.

(Prior code § 24211)

Whenever full, part, or any maintenance is provided to any officer or employee, an amount equal to the value of such maintenance, as determined by resolution of the board, shall be deducted from the compensation to be paid such officer or employee; provided, however, the board may, by resolution, establish rules and regulations requiring advance payments for meal tickets.

(Prior code § 24212)

Persons employed at hospitals in the following classification shall receive, in addition to their monthly salary, ten dollars ($10.00) per month for afternoon duty and ten dollars ($10.00) per month for night duty.

A. Registered nurses;

B. Graduate nurses.

If a person employed in one of the above classification works a portion of a month on duty which would entitle him or her to extra compensation according to this section, he or she shall receive a pro-rata share of the extra compensation in the same ratio as the number of work days in his or her schedule for the month.

(Prior code § 24214)

A. All permanent employees with one full year of county service shall have the right in any fiscal year to donate to another permanent county employee no more than forty (40) hours of their accrued, compensatory time and/or vacation time, subject to the conditions provided in this section. Donation must be made in increments of a full hour.

B. The receiving employee must be off work due to his or her own serious illness or injury or the serious illness or injury of his or her child, parent, sibling or spouse or domestic partner, or the spouse or domestic partner of any of the preceding (as defined by the Family Medical Leave Act) and must have exhausted all his or her accumulated sick leave, vacation or compensatory time benefits before any transfer pursuant to this section shall be effective.

C. The receiving employee shall be required to provide the county a letter from his or her attending physician verifying the cause and necessity for the employee's absence. In addition, such employee shall consent to the release of medical information to county officers on a form provided by the county's director of human resources.

D. In effecting the transfer of benefits between county employees pursuant to this section, the county's auditor-controller shall convert the amount of hours donated to dollar amounts at the donor's rate of pay and then reconvert the dollar amounts to hours at the receiving employee's rate of pay, and credit the number of hours to the account of the receiving employee. The auditor-controller will transfer hours as needed. All donations are irrevocable.

E. All transfers of compensatory time and/or vacation hours from the account of one employee to the account of another employee pursuant to this section must be approved and requested in writing by the donating employee's department head and be approved by the county executive officer.

F. Notwithstanding paragraph A and subject to paragraphs B through E above, any permanent county employee may donate to another permanent county employee of his or her immediate family any of his or her accrued, compensatory and/or vacation time. Any donation of time must be in increments of a full hour. The term "immediate family" is defined at Section 3.04.020 I.

(Ord. 1435 § 2, 2008: Ord. 1297 § 1, 1999: prior code § 24215)

(Ord. No. 1467, § 1, 12-7-10)

A. A regular employee may be assigned or promoted on a temporary basis to fill a vacant position that is created as a result of a leave of absence, extended sick leave, occupational injury, or pending a permanent appointment to that position. Such temporary promotions shall be allowed only in instances wherein it is determined that the subject position otherwise will remain vacant for at least one hundred twenty (120) calendar days, and such promotion is recommended by the department head or appointing authority.

B. Such temporary promotions shall be limited to filling the position where the above-described type of vacancies exist, and the vacancy created by the temporary promotion shall not be filled during the duration of the temporary promotion without the prior approval of the board of supervisors.

C. Such temporary promotions shall be limited to employees who either meet the maximum job qualifications for the higher-level position, or, in the event there are no employees who meet the minimum qualifications for the position, the best qualified person available for the job, based on written recommendations of the department head or appointing authority desiring to make the temporary promotion. Such temporary promotions shall be subject to the prior approval of the county executive officer and the director of human resources. Such temporary promotions shall be limited to a period not exceeding six calendar months, but may be extended for additional six month periods based on the written recommendations of the department head or appointing authority subject to the prior approval of the county executive officer and the director of human resources.

D. The county executive officer is delegated the authority by the board of supervisors to authorize additions to the number of positions authorized each year in the final budget for departmental personnel allocations as may be necessary to administer the provisions of this section. Such authorizations shall be ratified by the board of supervisors.

E. When an employee is temporarily promoted to a position in a class having a higher salary range than the employee's regular position, the appointment shall be designated a temporary promotion and the employee shall receive the salary in the nearest step of the salary range (but not beyond Step E) of the class to which promoted which provides for a minimum of a five percent increase in salary. Upon the termination of such temporary promotion, the employee shall return to his or her previous position, and shall be entitled to all the rights and benefits of such previous position, including any intervening salary step increases that would have been allowed, as if the temporary promotion had not occurred.

F. Whenever an existing temporary promotion situation develops into one wherein the department head or appointing authority is empowered to make a permanent appointment to the subject higher-level position, such permanent appointment shall be effected pursuant to the requirements of Chapter 3.16 (personnel administration based upon equal employment opportunity principles).

(Prior code § 24217)

A. Employee performance evaluations shall be in writing, on forms issued by the director of human resources, and signed by the department head. The department head shall also provide the employee with an opportunity to discuss the evaluation and to sign it. If the employee does not sign or discuss the evaluation or is unavailable to do so, the reason(s) shall be so noted on the evaluation of the supervisor. The director of human resources shall insure that every evaluation include a mark for overall job performance.

B. Department heads shall complete performance evaluations on all probationary employees not less often than during the fifth and tenth months of each probationary employee's probationary period, except for law enforcement personnel who shall be evaluated during the fifth, tenth and sixteenth months.

C. Department heads shall complete an annual performance evaluation for each permanent employee. Annual performance evaluations shall be completed and submitted to the director of human resources two pay periods before an employee's annual salary increase eligibility date, and shall otherwise comply with the provisions of Section 3.12.050. Annual performance evaluations shall be completed and submitted whether or not the department head recommends that the employee receive an annual salary step increase and whether or not the employee is eligible for an annual salary step increase.

D. If the completion of a performance evaluation will be impossible, impracticable or unfair to the employee or the county, or for some other good and sufficient reason, the evaluation for any of the periods, specified in subsections B and C of this section, cannot, should not or will not be completed, the department head shall send written notice of such to the director of human resources and the chief administrative officer. The written notice shall contain a request to delay the date of the end of the period for which the performance evaluation was due, or to not perform the evaluation at all. The written request shall contain the date proposed for the extended ending date of the performance period in which the evaluation will be completed, or a statement that the evaluation for such period should not be completed. The request shall also include the reasons why the evaluation period should be extended or why it is requested that an evaluation not be completed for the period. A copy of the request shall be sent to the employee. The director of human resources shall provide a written response granting or denying the request in whole or in part. A copy of the written response shall be provided to the employee.

E. Failure of a department head to complete or to timely complete performance evaluations as required pursuant to subsection B of this section for a probationary employee shall not preclude the department head from exercising his or her discretionary authority under Section 3.08.170 to separate such employee from county service during the probationary period. Failure of a department head to complete annual performance evaluations for permanent employees as required pursuant to subsection (C) of this section shall not affect the department head's authority under the provisions of Chapter 3.32 of this title to take disciplinary actions against such employees. Such failures, however, including the reasons therefor, may be considered by the employment appeals board, as appropriate, in its deliberations pursuant to the provisions of Chapter 3.32.

(Prior code § 24218)