Imperial County Municipal Code Ch. 3.32 Disciplinary Procedures

It is the intent of the board of supervisors that uniform disciplinary standards should apply to all county employees and that the forms of disciplinary action, and the due process procedures in connection therewith, be clearly set forth. This chapter shall not, however, have application to those departments covered by the State Merit System.

(Prior code § 24450)

The following types of disciplinary action may, with sufficient cause, be invoked by department heads or by supervisory personnel authorized to administer disciplinary action;

A. Verbal warning: A private interview between department head or his or her designee, and an employee for the purpose of informing the employee of his or her failure to meet prescribed standards of performance or conduct.

B. Written reprimand: A formal letter signed by the department head and served upon the employee personally or by certified mail specifying how the employee's conduct or performance has failed to meet prescribed standards.

C. Demotion: A change of employment without intervening loss of working days from a position allocated to a given salary range to a position of a different class allocated to a lower salary range.

D. Suspension: The immediate summary removal of an employee from his or her job for a period not exceeding sixty (60) calendar days.

E. Dismissal: The permanent involuntary separation of an employee from county employment and rights attendant thereto.

(Prior code § 24451)

The causes justifying disciplinary action against a county employee shall include, but not be limited to, the following:

A. Immoral or unprofessional conduct;

B. Deliberate or repeated absence from duty- without authorization;

C. Dishonesty;

D. Incompetence;

E. Evident unfitness for service;

F. Physical or mental condition unfitting him or her to discharge his or her duties;

G. Violation of or refusal to obey reasonable regulations prescribed by the board of supervisors or by the department head;

H. Conviction of a felony or a crime involving moral turpitude;

I. Neglect;

J. Insubordination;

K. Continued absence after exhaustion of sick leave, compensatory overtime, vacation and leave of absence;

L. Improper political activity which constitutes a violation of federal or state laws or ordinances of the county of Imperial;

M. Neglect or willful damage to public property or waste of public supplies or equipment;

N. Falsifying information on employment application, personnel records or county records;

O. Gambling on county premises;

P. Drinking or possessing any alcoholic beverage on county premises or on county time;

Q. Reporting to work while under the influence of alcohol or drugs;

R. Sleeping on duty.

(Prior code § 24452)

A. It is, and at all times has been, the intention of the board of supervisors that appointive officers appointed by the board of supervisors serve at the pleasure of the board. The types of, and causes for disciplinary action as set forth in sections 3.32.010 through 3.32.030 may, but need not, be applied to such county officers Further, the hearing procedures established under Chapter 3.64 do not apply to such county officers

B. Department heads appointed by the board of supervisors may be removed from office by a three-fifths (⅗) vote of the board of supervisors at any regularly scheduled meeting of the board, as provided for herein.

C. Department heads appointed by the board of supervisors shall be entitled to a notice of at least six (6) months if the board of supervisors intends to remove such officers from office without cause. Alternatively, the board of supervisors, in its sole discretion, may provide written notice immediately relieving such officer of their duties without cause and placing the officer on a six-month paid leave of absence commencing on the effective date of removal. Compensation during the above six-month leave shall include all salary adjustments and employee benefits. The board of supervisors may remove appointive department heads from office for cause without notice by a three-fifths (⅗) vote at any regularly scheduled meeting of the board.

D. Department heads appointed by the board of supervisors may not be removed from office without cause during the following time periods:

1. The ninety[-day] period after a change in the membership of the board of supervisors through appointment or election; or

2. The ninety[-day] period immediately prior to any election for a seat on the board of supervisors; or

3. The ninety[-day] period immediately following an election that will result in a change in membership of the board of supervisors.

(Ord. 1302 § 1, 1999: prior code § 24453)

(Ord. No. 1520, § 2, 10-24-17; Ord. No. 1596, § 1, 8-6-24)

A. It is the intention of the board of supervisors that undersheriff appointed by the sheriff shall serve at the pleasure of the sheriff. This section shall apply to any undersheriff appointed by the sheriff after the adoption of this section.

B. Appointment of the undersheriff shall be limited to those persons who meet the qualifications of the position of undersheriff as established by the board of supervisors and shall be at the sole discretion of the sheriff.

C. The undersheriff may be removed from office with or without cause or notice by the sheriff subject to the Public Safety Officers Procedural Bill of Rights Act (Government Code Section 3300, et seq.). The types of and causes for disciplinary action as set forth in sections 3.32.010 through 3.32.030 of this chapter may, but need not, be applied to the undersheriff. Further, the hearing procedures established under Chapter 3.64 of this title do not apply to the undersheriff.

D. An appointed undersheriff may not be removed from office during the ninety-day period immediately prior to or following the effective date of any change in the sheriff, unless removal is for cause.

E. An appointed undersheriff, upon removal from office without cause pursuant to subsection C of this section, and provided such undersheriff was appointed to that undersheriff position by promotion from another position in the county service, shall have, as an alternative to immediate removal, the bumping rights enjoyed by county employees pursuant to the provisions of the county's force reduction layoff policy as contained in Chapter 3.40 of this title to the same extent as if removal were a force reduction layoff approved by the board of supervisors.

F. In the event this section is, at a future date, modified or repealed, the rights granted in this chapter shall be considered vested to the undersheriff appointed or holding office prior to any such modification.

(Ord. 1399 § 1, 2005)

No disciplinary action against any permanent or probationary employee shall in any manner be based on an employee's pregnancy, childbirth or related medical conditions.

(Prior code § 24454)

Notwithstanding the provisions of Section 3.32.020(D), an employee may be removed from his or her job without pay for a period in excess of sixty (60) calendar days in instances wherein all the following circumstances exist:

A. The employee has been suspended for sixty (60) calendar days by the department head;

B. The employee's suspension is based on conduct which has resulted in the filing of a criminal charge or charges against the employee;

C. The criminal proceeding is not completed or resolved within sixty (60) days; and

D. The employee has appealed the suspension action to the county's employee appeals board pursuant to the provisions of Chapter 3.64 but the employee has requested or agreed either that his or her appeal hearing before the board not be conducted prior to the completion of such criminal proceedings or, that, for any other reason, said appeal hearing not be conducted within sixty (60) calendar days.

(Prior code § 24455)

A. It is the intention of the board of supervisors that assistant county counsel appointed by the county counsel shall serve at the pleasure of the county counsel. This section shall apply to any assistant county counsel appointed by the county counsel after the adoption of this section.

B. Appointment of the assistant county counsel shall be limited to those persons who meet the qualifications of the position of assistant county counsel as established by the board of supervisors and shall be at the sole discretion of the county counsel.

C. The assistant county counsel may be removed from office with or without cause or notice. The types of and causes for disciplinary action as set forth in Sections 3.32.010 through 3.32.030 of this chapter may, but need not be, applied to the assistant county counsel. Further, the hearing procedures established under Chapter 3.64 of this title do not apply to the assistant county counsel.

D. An appointed assistant county counsel may not be removed from office during the ninety-day period immediately prior to or following the effective date of any change in the county counsel, unless removal is for cause.

E. An appointed assistant county counsel, upon removal from office without cause pursuant to subsection C. of this section, and provided such assistant county counsel was appointed to that assistant county counsel position by promotion from another position in the county service, shall have, as an alternative to immediate removal, the bumping rights enjoyed by county employees pursuant to the provisions of the county's force reduction layoff policy as contained in Chapter 3.40 of this title to the same extent as if removal were a force reduction layoff approved by the board of supervisors.

F. In the event this section is, at a future date, modified or repealed, the rights granted in this chapter shall be considered vested to the assistant county counsel appointed or holding office prior to any such modification.

(Ord. No. 1461, § 1, 7-27-10)

A. It is the intention of the board of supervisors that the behavioral health medical director and psychiatrists shall be full-time or part-time employees and shall serve at the pleasure of the director of behavioral health services. This section shall apply to any behavioral health medical director and psychiatrist appointed by the director of behavioral health services after the adoption of this section.

B. Appointment of the behavioral health medical director and psychiatrist shall be limited to those persons who meet the qualifications of the position of behavioral health medical director and psychiatrist established by the board of supervisors and shall comply with the provisions of Section 3.16.050, Selection.

C. The behavioral health medical director and psychiatrists may be removed from office without cause only upon serving employee with a minimum of sixty (60) calendar days' notice before such removal.

D. The behavioral health medical director and psychiatrists may be removed from office for cause. The types of and causes for disciplinary action as set forth in Section 3.32.010 through 3.32.030 of this chapter may, but need not be, applied to the behavioral health medical director and psychiatrist. Further, the hearing procedures established under Chapter 3.64 of this title do not apply to the behavioral health medical director and psychiatrists.

E. The behavioral health medical director and psychiatrists, upon approval of the behavioral health director and director of human resources shall have the opportunity to enter into an employment contract with negotiated benefits. Such employees shall be subject to all employment rules and regulations of other employees unless set forth in the employment contract.

F. This section shall not apply to independent, behavioral health medical director or psychiatrist contractors that are performing professional services through a consultant agreement.

G. Notwithstanding any other provision, full- and part-time behavioral health medical director and psychiatrists shall be eligible for placement at F Step of the applicable salary schedule upon approval of the director of human resources and the county executive officer, regardless of years of continuous service.

(Ord. No. 1519, § 1, 7-11-17; Ord. No. 1522, § 1, 11-17; Ord. No. 1528, § 1, 8-14-18; Ord. No. 1531, § 1, 12-4-18)

A. It is the intension of the board of supervisors that in order to assist in providing psychiatry services to an underserved area that the behavioral health medical director and psychiatrists shall have the opportunity to participate in an immigration visa program upon approval by the behavioral health services director and the director of human services.

B. Behavioral health medical director and psychiatrist employees qualifying for the immigration visa program shall execute and comply with a supplemental employment agreement with the department of human resources upon hiring to satisfy the requirements of the immigration visa program. This supplemental employment agreement shall not confer any vested rights or benefits upon employee.

C. All other terms and conditions of employment provisions including, but not limited to Section 3.32.070, shall apply to immigration visa program employees.

(Ord. No. 1528, § 2, 8-14-18)