Kern County Municipal Code Ch. 3.04 Civil Service System

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Prior ordinance history: Ord. A-126 as amended by Ords. A-218, A-228, A-231, A-246, A-282, A-294, A-297, A-298, A-303, A-304 and A-320.

Pursuant to the authority granted under the County Civil Service Enabling Law (Government Code Sections 31100 and following), in order to establish an equitable and uniform procedure for dealing with personnel matters through a civil service commission and in order to place county employment upon a merit basis, the following civil service system is adopted.

(Ord. A-323 § 1, 1983)

(Ord. No. G-8643, § 4, 6-7-16)

All county employees shall be included in the civil service system governed by this chapter expect that the following are exempt from the provisions of this chapter:

A. All officers elected by the people;

B. All persons serving without compensation;

C. Casual patient and inmate employees at county institutions;

D. All appointed members of boards and commissions;

E. All persons providing services to the county under contract;

F. Pathologists serving the office of the coroner under contract;

G. Temporary employees and extra help employees;

H. Except as otherwise provided by state law or by county ordinance, all county officers mentioned in California Government Code Section 24000 and all persons excluded from civil service by virtue of other provisions of law;

I. All county department heads appointed by the board of supervisors, except for those specifically made part of the civil service system pursuant to other provisions of law.

J. Subject to budgetary approval by the board of supervisors, up to three (3) confidential assistants appointed by the elected department heads, including confidential administrative assistants and confidential assistant department heads;

K. The assistant director of public works;

L. The assistant county administrative officer, chief human resources officer, chief general services officer, chief information technology officer, chief communications officer, chief financial officer, chief economic development officer, chief workforce development officer, and the chief clerk of the board of supervisors;

M. The assistant director of public health services, director of environmental health, division director of health services, and the division director of public health operations.

N. Notwithstanding subdivision J, all appointees to assistant district attorney, chief deputy district attorney, chief district attorney's investigator, and the division director of forensic science appointed on or after the effective date of this ordinance;

O. The chief deputy and director of administrative services for the fire department;

P. The civil service commission officer; and

Q. The assistant registrar of voters.

(Ord. G-6450 § 2, 1997; Ord. G-5489 § 2, 1991; Ord. A-323 § 5, 1983)

(Ord. No. G-8253 § 2, 1-31-12; Ord. No. G-8551, § 2, 5-5-15; Ord. No. G-8643, § 4, 6-7-16; Ord. No. A-364, § 2, 9-26-17; Ord. No. G-8812, § 2, 2-5-19; Ord. No. A-367, § 2, 9-10-19; Ord. No. A-368, § 12, 2-11-20; Ord. No. A-371, § 2, 10-26-21; Ord. No. A-372, § 2, 2-8-22; Ord. No. A-373, § 2, 10-11-22; Ord. No. A-374, § 2, 12-13-22; Ord. No A-390, § 2, 6-27-23; Ord. No. A-392, § 2, 1-14-25; Ord. No. A-394, § 2, 5-13-25)

A. There is created a civil service commission of five (5) members. Such members shall be appointed by the board of supervisors of the county. The term of office of a civil service commissioner shall be for a period of four (4) years and until his successor is appointed and qualified. Members shall be selected from among the qualified electors of the county. To qualify for appointment a person must not have held any county office or position within one (1) year prior to his appointment. In addition, such prospective appointee must not have been an officer of any political party within one (1) year of his appointment. Vacancies occurring during the term of office of any appointee shall be filled by appointment by the board of supervisors for the remainder of the unexpired term only.

B. The commission shall perform the duties and exercise the powers provided for in this chapter, and no member of the civil service commission shall hold any other county office whatsoever during his tenure as a commissioner.

C. The board of supervisors may, by a four-fifths (⅘) vote of all its members, remove any member of the commission during his term of office, but such removal may only be accomplished by the same procedure and in the same manner as the dismissal of any county employee protected by the provisions of this chapter.

(Ord. A-323 § 2, 1983)

(Ord. No. G-8643, § 4, 6-7-16)

The board of supervisors shall provide funds for the work and administration of the commission. The commission annually shall recommend to the board of supervisors, as part of the county budget process, the amount of money reasonably needed to carry on the work and administration of the commission.

(Ord. A-323 § 3, 1983)

(Ord. No. G-8643, § 4, 6-7-16)

A. At the first meeting of each calendar year, the commission shall elect from its membership a president and vice-president, who shall hold office until successors are elected.

B. The respective members of the commission shall receive seventy-five dollars ($75.00) for each meeting attended, not to exceed nine hundred dollars ($900.00) in any calendar month, and other actual and reasonably necessary expenses incurred in the performing of their duties.

C. Once an appeal hearing has begun, any commissioner who is absent from any session of the hearing may, upon stipulation of the parties, listen to the official recording of the hearing session from which the commissioner was absent. After listening to the recording, the commissioner who was absent may be compensated upon request at the rate referenced in subsection 3.04.050B. A commissioner may not be reimbursed more than two (2) times during the course of an appeal hearing for time spent listening to recordings of a missed appeal hearing session.

D. After appropriate examination, the commission shall appoint a secretary of the commission.

E. The commission shall keep minutes of its public proceedings a roster of all county employees in the classified service, a record of all its examinations, and such other records as are desirable and necessary to administer the civil service system.

F. The commission shall meet as often as necessary but shall hold at least one (1) regular meeting each month. The commission shall make an annual report to the board of supervisors.

(Ord. G-4944 § 2, 1989; Ord. A-323 § 4, 1983)

(Ord. No. G-8328, § 2, 8-14-12; Ord. No. G-8488, § 2, 6-10-14; Ord. No. G-8544, § 2, 3-10-15; Ord. No. G-8573, § 4, 6-16-15; Ord. No. G-8643, § 4, 6-7-16)

The commission shall prescribe rules and regulations for the operation of the civil service system, which shall provide for:

A. The minimum standards, qualifications and specifications for all classifications in the civil service system;

B. Annual assembly and review of pay scale data relating to the various classes and positions and provision of such information and recommendations as may, consistent with the state laws and county rules governing employer-employee relations, help to promote and preserve a comprehensive integrated compensation program based on prevailing compensation in similar jobs and classifications whether within or without the county;

C. A public announcement of all examinations;

D. Subject to commission rules reasonably limiting the size of the applicant pool in situations in which the commission, after public hearing, finds such limitations necessary, admission to examinations of all applicants who meet the minimum standards and qualifications and rejection or disqualification of any applicants who do not;

E. Open competitive examinations to test the relative fitness of applicants for positions in the classified service of the county;

F. Vacancies in the classified service to be filled by promotion whenever practicable, provided that the commission, upon recommendation and justification by an appointing authority or department head, may elect to open competition to all qualified applicants thus providing for lateral entry into the classified service;

G. The establishment of eligible lists, including lists resulting from competitive promotional and open examinations and from layoffs and the granting of reemployment privileges. Such lists shall remain in force for not less than six (6) months nor more than two (2) years.

H. An extra credit of five percent (5%) of the total credits earned in any competitive open examination to all persons who shall have earned the minimum qualifying score and who shall have submitted proof of service in the United States military forces in time of war or in any expedition of the armed forces and honorable discharge or certificate of honorable act of service therefrom, and an additional five percent (5%) shall also be allowed to honorably discharged veterans with service-connected disabilities;

I. Certification and appointment from the seven (7) eligible persons standing highest on the eligible list or lists for the class whenever an open examination is conducted. In the case where an open examination is conducted for more than one (1) position in the classified service, two (2) additional eligible persons standing highest on the eligible list or lists for the class will be certified for each additional position. Certification and appointment from the three (3) eligible persons standing highest on the eligible list or lists for the class whenever a promotional examination is conducted. Eligible persons on the promotional lists for any particular class shall be certified before eligible persons on open lists;

J. An entry level probationary period of twelve (12) months in the case of sheriff's deputies, sheriff's detentions deputies, sheriff's communications specialist, deputy probation officers and juvenile corrections officers having peace officer status and employed in the probation department, park rangers, firefighters and peace officer members of the coroner's office;

K. An entry level probationary period of six (6) or twelve (12) months for all other appointees as may be determined by the commission for each classification;

L. A promotional probationary period of six (6) months for all promotions within an existing job family, or in the case of a promotion outside an existing job family, a 12-month probationary period may be established by the commission for each classification. A rejected promotional probationer shall be reinstated to the position from which he was promoted;

M. During a probationary period, an appointing authority may reject (release) any appointee without any right to a hearing. A probationary period under this section shall be extended for illness or medical leave without pay on the basis of one (1) day extension for each day of leave;

N. Permanent status after completion of the probationary period, subject to dismissal, suspension or demotion for cause;

O. Appointment to permanent positions on a provisional basis of persons who meet the minimum qualifications, when there is no eligible list for the class; provided, that such provisional appointments shall be terminated at the end of one (1) calendar year or within thirty (30) calendar days after certification of eligible persons, whichever first occurs;

P. Provision for transfers, leaves of absence, separations, and reemployment privileges to be administered by the division of human resources subject to appeal to the commission;

Q. Layoff procedures to be followed whenever the board of supervisors, in good faith, finds it necessary, for the welfare of the county, to discontinue temporarily or permanently any position(s) in the classified service; such procedures to provide, among other things, for layoff eligibility and reinstatement of the laid-off employees when such positions are reactivated;

R. Open hearings on the adoption of rules and regulations and amendments thereto and other matters.

(Ord. G-6994 § 2, 2003; Ord. G-5806 § 3, 1992; Ord. G-5666 § 2, 1991; Ord. A-323 § 6, 1983)

(Ord. No. G-8296, § 2, election of 6-5-12; Ord. No. G-8297, § 2, election of 6-5-12; Ord. No. G-8643, § 4, 6-7-16)

As to all departments of the county which contain more than one position, the compensation of which department was formerly provided for in Ordinance A-10, the positions therein shall be subject to appointment by and the incumbents thereof shall serve at the pleasure of the head of such respective department, except where it is specifically provided in this code otherwise, or where it is otherwise provided by county ordinance or state statute, concerning the election or appointment to, or removal from, said positions. As to all other departments of the county, the power of appointment and removal of its employees shall be in the board of supervisors, except where otherwise provided by the board or by statute of the state.

(Prior code § 1015)

(Ord. No. G-8643, § 4, 6-7-16)

A. Any officer or employee in the classified civil service may be dismissed, suspended or reduced in rank or compensation by the appointing authority after appointment or promotion is complete by a written order, stating specifically the reasons for the action. The order shall be filed with the division of human resources and the secretary of the commission and a copy thereof shall be furnished to the person to be dismissed, suspended, or reduced.

B. The officer or employee may reply in writing to the order within ten (10) business days from the date of its filing with the division of human resources and the secretary of the commission. The officer or employee may, within ten (10) business days after presentation to him of the order, appeal through the secretary of the commission to the civil service commission from the order. Upon filing of the appeal, the secretary of the commission shall forthwith transmit the order and appeal to the civil service commission for hearing.

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

D. At any hearing or investigation by the commission, it shall have the power to subpoena and require the attendance of witnesses and the production thereby of books and papers pertinent to the hearing or investigation, and each commissioner shall have the power to administer oaths to such witnesses. The commission may employ a hearing officer to act as the presiding officer. The expenses of such a hearing shall be paid by the county, except that the county shall not be responsible for the expenses incurred by the affected employee. The procedure and rules of evidence at the hearing shall be informal. However, the civil service commission shall prescribe a fixed procedure and rules of evidence for such hearings. The final order and decision of the commission shall include a finding as to each ground or reason specified in the order filed under subsection A of this section, and the order of the commission shall be certified to the department head or officer whose action was the subject of the hearing, and forthwith enforced and followed. An employee found to be innocent of all charges shall be restored forthwith to the previous position with all rights and privileges pertaining thereto and shall be entitled to receive full back pay for time lost.

(Ord. A-323 § 7, 1983)

(Ord. No. G-8298, § 2, election of 6-5-12; Ord. No. G-8573, § 5, 6-16-15; Ord. No. G-8643, § 4, 6-7-16)

Every person who is permanent, provisional or extra help under the scope and benefits of this chapter, who has held an office or employment continuously for a period of six (6) months prior to the effective date of the ordinance codified in this chapter, shall be deemed to be appointed to such office and confirmed in such position they hold at the time of enactment into law of the ordinance codified in this chapter, until promoted, demoted or dismissed, in accordance with the terms of this chapter. All persons under the scope and benefit of this chapter shall finish out their probationary period previously commenced, subject to the provisions of this chapter.

(Ord. A-323 § 8, 1983)

(Ord. No. G-8643, § 4, 6-7-16)

No person employed under the system created by this chapter shall participate in any political activity on county time or in any manner involving the use of county property or expenditure of public funds, nor conveying the implication of county endorsement or support for a candidate for local, state or federal office. The civil service commission may adopt such other rules regulating the political activities of employees as may be necessary to preserve the efficiency and integrity of the Kern County government or the civil service system.

(Ord. A-323 § 9, 1983)

(Ord. No. G-8643, § 4, 6-7-16)

No person in the classified service or seeking admission thereto shall be appointed, reduced or removed, or in any way favored or discriminated against because of his religious opinion, color, race, religion, creed, national origin, ancestry, sex or age, except where sex or age is a valid occupational qualification.

(Ord. A-323 § 10, 1983)

(Ord. No. G-8643, § 4, 6-7-16)

No amendment repealing this chapter or nullifying the basic principles of the civil service system contemplated by this chapter in Sections 31100 to 31113 of the California Government Code shall be effective unless such a proposition of its repeal or amendment shall first have been submitted to a vote of the qualified electors of the county at a general or special election and shall have received the affirmative vote of a majority of the electors voting on the proposition.

(Ord. A-323 § 11, 1983)

(Ord. No. G-8643, § 4, 6-7-16)