Kern County Municipal Code Art. II Classification of Positions

All offices and positions of the county shall be classified and entitled as set by county resolution, and each of said positions so classified shall carry a separate item number as provided in such resolutions, copies of which are on file with the clerk of the board of supervisors. The different positions shall be on the same classification level if the same class and character of work is required, the duties and responsibilities are comparable for each of such positions, the same type of examination is given for entrance to each position and there are similar requirements as to education, experience, knowledge, ability and other qualifications for appointment to such positions.

(Prior code § 851)

(Ord. No. G-8643, § 5, 6-7-16)

The specifications which shall prescribe the title, definition, description of duties and responsibilities and employment standards for each class of position, other than those positions the qualifications of which are prescribed by the Constitution or the statutes of the state of California, shall be established and adopted by the civil service commission of the county, and such specifications shall be filed with the division of human resources.

(Prior code § 852)

(Ord. No. G-8643, § 5, 6-7-16)

The chief human resources officer shall have the power and duty of applying the classifications provided in this chapter to all positions in the county service which are subject to classification under the provisions of the civil service ordinance, Chapter 3.04 of this title.

(Prior code § 853)

(Ord. No. G-8643, § 5, 6-7-16; Ord. No. A-368, § 13, 2-11-20)

Except as otherwise provided by county resolution or any applicable memorandum of understanding with a recognized employee organization, within each position in the classified service there shall be six (6) step levels which shall be designated as Step A, Step B, Step C, Step D, Step E and Step Y; such step levels are more particularly defined in Sections 3.08.080 to 3.08.130, inclusive.

(Prior code § 854)

(Ord. No. G-8643, § 5, 6-7-16)

Step A shall consist of the minimum rate of compensation for a specified class position and shall, except as provided in Section 3.08.160, be the hiring rate for such position.

(Prior code § 854.1)

(Ord. No. G-8643, § 5, 6-7-16)

Step B shall consist of an incentive advancement rate for a specified class position. Employees shall be advanced to Step B following the completion of one (1) year's continuous service in such position, upon the recommendation of the head of the department in which such position exists.

(Ord. G-6642 § 2 (part), 1999: prior code § 854.2)

(Ord. No. G-8643, § 5, 6-7-16)

Step C shall consist of the middle range of compensation for a specified class position and is the rate at which a fully qualified, experienced and ordinarily conscientious employee may expect to be paid. An employee shall be advanced to Step C following the completion of one (1) year's continuous service at Step B or at the completion of two (2) consecutive years of employment in such position, upon recommendation of the head of the department in which such position exists.

(Ord. G-6642 § 2 (part), 1999: prior code § 854.3)

(Ord. No. G-8643, § 5, 6-7-16)

Step D shall consist of the rate of compensation for a specified class position that a conscientious employee may expect to receive at the end of three (3) consecutive years of employment in such position or at the completion of a year of continuous service in Step C of such position. An employee shall be advanced to Step D following the completion of three (3) consecutive years in a specified class position, or at the completion of a year of continuous service in Step C of such position, upon the recommendation of the head of the department in which such position exists.

(Ord. G-6642 § 2 (part), 1999: prior code § 854.4)

(Ord. No. G-8643, § 5, 6-7-16)

Step E shall consist of the rate of compensation for a specified class position that a conscientious employee may expect to receive at the end of four (4) consecutive years of employment in such position or at the completion of a year of continuous service in Step D of such position. An employee shall be advanced to Step E following the completion of four (4) consecutive years in a specified class position or at the completion of a year of continuous service in Step D of such position, upon the recommendation of the head of the department in which such position exists.

(Ord. G-6642 § 2 (part), 1999: prior code § 854.5)

(Ord. No. G-8643, § 5, 6-7-16)

Step Y shall consist of the rate of compensation for an employee in a case in which the duties and responsibilities of the position which he occupies are changed without the fault of the employee, and without any action by the employee, and as a result of which change the position occupied by the employee is reclassified to a lower level and salary range, in which lower level and salary range Step E provides a rate of compensation lower than the rate earned by the employee prior to the change and reclassification; in any such case the employee shall retain the rate of compensation being paid to him immediately prior to the time of such change and reclassification, and such compensation shall be designated as Step Y. Any employee subject to the provisions of this section shall continue to receive compensation under such Step Y until the occurrence of either of the following events: (A) the rate of compensation of the reclassified position equals or exceeds the rate of compensation provided by Step Y; or (B) the employee is transferred to a different classification for which the compensation is equal to, or in excess of, the rate of compensation earned by the employee in Step Y.

(Prior code § 854.6)

(Ord. No. G-8643, § 5, 6-7-16)

For the purpose of payroll administration, the effective date of a step advancement shall be the first day of the payroll period in which the employee's anniversary date falls.

(Ord. G-6642 § 3, 1999)

(Ord. No. G-8643, § 5, 6-7-16)

A. Anniversary Date. The date following one (1) year of continuous service, after entry to a particular step level in a class position as provided in Section 3.08.070, shall be known and referred to as the "anniversary date."

B. Continuous Service. "Continuous service," as used in this chapter, shall mean uninterrupted service in a class position, except that the following shall not be considered as a break in the continuity of said service:

1. Leaves of absence for any illness unconnected with employment with the county which do not exceed thirty (30) days at any one (1) time, provided that leaves of absences in excess of thirty (30) days granted for any reason except as provided in subsections 2 and 3 of this subsection shall constitute a break in continuity of service, but not a break in employment; and upon return to employment the employee shall return at the same level for his position at which he left without credit for the period of his absence on leave in determining his right to advance to a higher step level, and his anniversary date shall be extended accordingly.

2. Leaves of absence without pay and without limitation as to time granted for injuries or illness suffered by an employee during the course and scope of his employment with the county and during the period that such employee is drawing temporary disability insurance for such injury or illness under the workers' compensation laws of the state of California. Any employee who was granted a service-connected disability retirement and who later is determined by the retirement board to be no longer incapacitated and desires to return to active county employment, if re-employed, shall be deemed to have been on an approved leave of absence without pay for the period of time he/she received such service-connected disability retirement. Those individuals who are re-employed after receiving a service-connected disability retirement shall be considered new employees for purposes of sick leave credit or accrual.

3. A leave of absence to enter, followed by entrance into, the Armed Forces of the United States in time of war or national or state emergency, proclaimed by the President, the Congress of the United States or the Governor of this state, and re-employment by the county within ninety (90) days after discharge from the Armed Forces, where the discharge is under conditions other than dishonorable.

C. Break in Employment. Termination of employment for any reason, followed by re-employment within thirty (30) days to the same class position, shall not affect the step level rating acquired by any employee so re-employed at the time of the termination of his employment, except that the period of his absence shall not be counted as continuous service and his anniversary date shall be extended accordingly. If the break in employment is over thirty (30) days, upon return to county employment the county employee so returning shall be employed at the minimum step level of his position, subject, however, to the provisions of Section 3.08.160.

(Prior code § 855)

(Ord. No. G-8643, § 5, 6-7-16)

Notwithstanding the provisions of Section 3.08.140, an employee who, prior to the effective date of the ordinance codified in this chapter, terminated his employment with the county in time of war or national or state emergencies proclaimed by the President, the Congress or the Governor of this state, and who was drafted into, recalled or who joined the Armed Forces of the United States within ninety (90) days thereafter, and who is released or discharged under conditions other than dishonorable, and who returns to his position within ninety (90) days after such discharge, shall be deemed to have occupied his position for the purpose of determining his step level rating for such position for the full period that he was a member of the Armed Forces, as if he had not been absent from such county position, and he shall be placed in the same step level rating to which he would have been entitled had he actually occupied such position without interruption; subject, however, to the other provisions of this chapter requiring recommendations for step level advancement.

(Prior code § 856)

(Ord. No. G-8643, § 5, 6-7-16)

Notwithstanding any of the provisions contained in Sections 3.08.070 to 3.08.130, inclusive, in the event it is difficult or impossible to secure a qualified person for a specified class position, or in the event a person of unusual qualifications is employed, the head of the department in which the position exists, may employ such person at a step level other than Step A for a specified class position, as in his judgment he may determine; provided, further, in any case where, because of unusual circumstances, rigid adherence to the provisions of Sections 3.08.070 to 3.08.130 inclusive would cause a manifest injustice, the employee relations officer may approve step level advancements at intervals other than those set forth in Sections 3.08.070 to 3.08.130 inclusive.

(Prior code § 857)

(Ord. No. G-8643, § 5, 6-7-16)

Editor's note— Ord. No. G-8643, § 5, adopted June 7, 2016, repealed § 3.08.170 which pertained to recruitment and the departure from established step levels and derived from § 857.1 of the prior code.

Any employee who has not received a step level advancement as provided in Sections 3.08.090 to 3.080.120, inclusive, because of the refusal or failure of the head of the department in which the position exists and the employee is employed to recommend such advancement, may appeal to the civil service commission of the county for a hearing on the question of the right of the employee to receive such advancement.

(Prior code § 860)

(Ord. No. G-8643, § 5, 6-7-16)

An appointing authority who has failed to act upon an employee's step level advancement within the time provided by Sections 3.08.090 to 3.08.120 or who has failed to submit a recommendation to grant the increment prior to the employee's anniversary date due to inadvertence or neglect may request that the increment be approved and made effective as of the employee's anniversary date. The appointing authority may submit the recommendation for employee's step level advancement to the employee relations officer for approval and request that it be effective as of the employee's anniversary date. This recommendation shall be accompanied by a statement by the appointing authority of the reasons for delay in action. Upon approval of the recommended step level advancement by the employee relations officer, it shall be entered effective as of the employee's anniversary date.

(Ord. G-5890 § 2, 1993; Ord. G-5881 § 2, 1992)

(Ord. No. G-8643, § 5, 6-7-16)

The appeal provided by Section 3.08.180 shall be taken by the employee by the filing of a written request by him for a hearing by the civil service commission. The request shall be filed with the secretary of the commission. Upon receipt of the request, the commission shall fix a time and place for the hearing of the appeal, which shall be not more than twenty (20) days after the receipt of the request by the secretary of the commission. The secretary shall notify the employee of the time and place fixed for the hearing; the notice shall be in writing and shall be delivered to the employee not less than five (5) days before the date fixed for the hearing.

(Prior code § 860.1)

(Ord. No. G-8643, § 5, 6-7-16)

The hearing on the appeal before the civil service commission shall be informal, but the interested parties shall have the right to be represented by persons designated by them for such purpose, including attorneys.

(Prior code § 860.2)

(Ord. No. G-8643, § 5, 6-7-16)

At the conclusion of the hearing, or within thirty (30) days thereafter, the civil service commission shall determine whether or not the appellant has capably and conscientiously performed the duties of his position for the period of one (1) year immediately preceding the date of said hearing, and whether or not the failure or the refusal of the department head or the director of personnel to approve the advancement was arbitrary or unreasonable.

(Prior code § 860.3)

(Ord. No. G-8643, § 5, 6-7-16)

If the civil service commission finds and determines that the employee has not capably and conscientiously performed the duties of his position for the required period of time and that neither the department head has not failed or refused to act otherwise than in a reasonable and proper manner, the appeal shall be denied and the appeal proceedings shall forthwith cease and terminate.

(Prior code § 860.4)

(Ord. No. G-8643, § 5, 6-7-16)

If the civil service commission finds and determines that the employee has capably and conscientiously performed the duties of his position for the period of one (1) year immediately preceding the date of said hearing and that the failure or refusal of the department head to recommend or approve the advancement was arbitrary or unreasonable, the civil service commission shall enter an order on its minutes recommending to the board of supervisors that it make and enter its order granting to the employee the step level advancement concerned in the appeal. The secretary of the commission shall deliver a copy of such order and recommendation to the clerk of the board of supervisors and to the employee.

(Prior code § 860.5)

(Ord. No. G-8643, § 5, 6-7-16)

After receiving said order and recommendation from the civil service commission, the board of supervisors shall make and enter its order upon the recommendation of the commission. If the board of supervisors concurs with the recommendation of the commission, the board shall enter on its minutes its order granting to the employee the step level to which he is entitled and thereafter the employee shall forthwith be so advanced. If the board of supervisors does not concur with the recommendation of the commission, the board shall make and enter its order denying the step advancement which is the subject of the appeal and thereupon the appeal proceedings shall cease and terminate.

(Prior code § 860.6)

(Ord. No. G-8643, § 5, 6-7-16)

Whenever the salary range for a classification is adjusted, the department head or appointing authority where the position exists shall determine whether the employee's performance on the job has been such as would warrant a salary raise. If, in the judgment of the department head or appointing authority where the position exists, the employee's performance on the job has been less than that which would warrant a salary increase, the department head or appointing authority may deny the raise to the employee. By specific order stating the reasons therefor, the department head or appointing authority may place the employee at a salary rate within the salary range for the position which most closely corresponds to the salary rate which the employee was receiving prior to the salary adjustment for the position.

(Prior code § 861)

(Ord. No. G-8643, § 5, 6-7-16)

Editor's note— Ord. No. G-8643, § 5, adopted June 7, 2016, repealed §§ 3.08.260—3.08.340 which pertained to denial of salary increase, demotions, and transfer of employees, and derived from §§ 861.1—861.7, § 901 and § 902 of the prior Code; Ord. No. G-7427, § 2, 2006; and Ord. No. A-347, § 2, 2007.

Notwithstanding the provisions of this chapter, no positions shall be classified as provided in this article if it is not within the powers of the board of supervisors to fix the compensation thereof. The board of supervisors may hereafter fix the compensation of other employees without reference to classification when because of their emergency nature or when because of their compensation being payable out of special funds set up by statute or where for other reasons it is not practicable to classify them.

(Prior code § 903)

(Ord. No. G-8643, § 5, 6-7-16)

All persons occupying positions in the county are to work within position classification and upon demotion, transferring, hiring or dismissal, the department head shall give a statement of such fact and of any duties of the said person caused by such change to the division of human resources.

(Prior code § 904)

(Ord. No. G-8643, § 5, 6-7-16)

The provisions of the salary schedules set forth in this chapter may be amended by resolution of the board of supervisors as to those positions, officers or employees which by law the board of supervisors now has or hereafter is given the power to create, or to fix or change the compensation thereof by resolution.

(Prior code § 905)

(Ord. No. G-8643, § 5, 6-7-16)

A. Notwithstanding any other provisions of this chapter, all employees of the county employed in craft positions on an extra-help basis shall be paid according to the prevailing hourly rates for work of a similar character in Kern County. The board of supervisors shall from time to time ascertain and fix said hourly rates by resolution. "Extra help" as used in this section means employment in any position which is not specifically set up in a departmental schedule, but is needed by the department to perform a governmental function.

B. Notwithstanding any provision of subsection A of this section to the contrary, the provisions of said subsection A concerning payment of prevailing hourly rates to employees employed in craft positions shall be applicable only to extra help employees employed on a daily basis, or employees employed on a monthly basis, but in positions which have not been classified in the county salary schedules.

(Prior code §§ 909, 909.1)

(Ord. No. G-8643, § 5, 6-7-16)

Every county officer, except supervisors and judicial officers, may name as their deputies such persons herein classified and employed within their office, as such officers in their discretion shall determine, and in such manner as provided by law. In addition the said officers shall also have the power to create such additional deputies to serve without compensation as said officers shall deem necessary to properly discharge the duties of the office, provided that such deputies shall receive their actual necessary traveling expenses incurred and discharged in connection with their duties at the request of the officer making the appointment, subject to the approval of the board of supervisors; provided, further, that such deputies not receiving compensation are not subject to classification nor to any benefits under this chapter.

(Prior code § 910)

(Ord. No. G-8643, § 5, 6-7-16)

Editor's note— Ord. No. G-8643, § 5, adopted June 7, 2016, repealed § 3.08.400 which pertained to temporary or seasonal work and derived from § 911 of the prior code.

Editor's note— Ord. No. G-8559, § 2, adopted May 19, 2015, repealed § 3.08.410, which pertained to exclusions from vacation and sick leave and derived from § 1017 of the prior code, and Ord. No. G-6778, § 2, 2001.

Editor's note— Ord. No. G-8643, § 5, adopted June 7, 2016, repealed § 3.08.420 which pertained to the return from appointed position—preservation of benefits and derived from § 1017.1 of the prior code.