Los Angeles County Municipal Code Ch. 5.12 Tenure, Resignations and Vacancies

The tenure of position of any person in the classified service of the county shall not be affected by a change of personnel of the appointing officer, board, commission or body, and every person in the classified service of the county shall hold his or her position until such position becomes vacant as provided by Sections 5.12.050 through 5.12.090, or such person dies, resigns, retires or is discharged for cause pursuant to the Charter, civil service rules, or other ordinances.

(Ord. 7981 § 2 (part), 1961: Ord. 4099 Art. 3 § 47, 1942.)

A county officer or employee resigns in any of the following ways:

A.

A county officer or employee who without prior authorization is absent or fails to discharge is regularly assigned duties for either three consecutive regular working days or for two consecutive regularly scheduled on-duty shifts, whichever may be applicable, shall be deemed to have resigned effective as of the end of the day of which he last performed any of the duties of his position; provided, however, an officer or employee shall not be deemed to have so resigned if he resumes the performance of his regularly assigned duties at the commencement of his next regular working day or on-duty shift following the expiration of the aforementioned period of absence or failure to discharge duties.

Within 20 calendar days after the effective date of such resignation, any officer or employee who has resigned pursuant to this subsection A may file with his appointing officer a written request for reinstatement. The appointing officer may reinstate such officer or employee if such appointing officer finds that there is good cause for the absence or failure to perform duties, such as bona fide illness, injury, or similar circumstances beyond the control of the officer or employee, and that such officer or employee is ready and able to resume the discharge of his duties. In the event an individual is so reinstated, such reinstatement shall constitute a retroactive leave of absence.

This subsection A does not apply to an elective officer or department head.

B.

An elective officer or officer appointed by the board may resign by resignation in writing to the board and filed with the executive officer-clerk thereof. Such resignation shall be effective on the date designated therein.

C.

Any other officer or employee may resign by tendering his resignation in writing to his appointing officer. Such resignation shall be effective on the date designated therein, and if no date is so designated it shall be effective immediately.

(Ord. 9801 § 1, 1969: Ord. 4099 Art. 3 § 33, 1942.)

When a county officer or employee, without prior authorization, is absent or fails to discharge his regularly assigned duties for such period of time that it appears likely he intends to resign pursuant to subsection A of Section 5.12.020, the appointing officer of such affected officer or employee shall service upon that officer or employee, either personally, by telegraph, or by first class mail addressed to the most recent address furnished to the appointed officer by the affected officer or employee, a notice in writing stating that failure of the officer or employee to resume the discharge of his duties on or before the commencement of the working day stated therein shall constitute such resignation. Said notice shall be posted, delivered

personally, or delivered to the telegraph office at least 24 hours prior to the commencement of the working day specified in the notice. Failure to give such written notice shall not cause such resignation to be ineffective.

(Ord. 9801 § 2, 1969: Ord. 4099 Art. 3 § 33.1, 1942.)

Nothing in Section 5.12.020 precludes any officer or employee from filing with the civil service commission, pursuant to its rules, a request for a hearing on the ground that his resignation made pursuant to Section 5.12.020 was obtained by the fraud, duress, or undue influence of the county.

(Ord. 9801 § 3, 1969: Ord. 4099 Art. 3 § 33.2, 1942.)

The board of supervisors may declare any office or position to which appointment is made by the board vacation the happening of either of any of the events set forth in this section:

A.

Insanity as Cause. The insanity of the incumbent, when determined by the judgment of a competent tribunal;

B.

Neglect as Cause. The adoption by the board of a resolution finding it to be a fact that the incumbent is incompetent to perform the duties of this office or position, or has neglected or is neglecting the duties of such office or position;

C.

Loss of Residence as Cause. His ceasing to be a resident of the county;

D.

Absence From State as Cause. His absence from the state for a period of 30 days without the consent of the board of supervisors, or his absence from the state for a period of more than two months without consent of the board of supervisors with the written approval of the Governor of the state, except when on official business, or his continued absence from the state for a period exceeding six months under any circumstances;

E.

Failure to Discharge Duty as Cause. His ceasing to discharge the duties of his office or position for a period of 30 days, except when prevented by sickness or when absent from duty on a leave of absence granted as provided by ordinance of the board or the rules of the commission;

F.

Absence from Boards, Commissions and Committees.

If any member (other than an ex officio member) of any board, commission or committee, which board, commission or committee was, or hereafter shall be, created by the board of supervisors, either by Ordinance 4099, by some other ordinance, or in any other manner, fails to attend three consecutive meetings of such board, commission or committee, unless excused by the members thereof, his office becomes vacant. Such board, commission or committee shall notify the appointing officer of the vacancy and the appointing officer immediately shall appoint a member to fill such vacancy.

The word "board" when used alone in this subsection F does not mean "board of supervisors." Section 2.02.130 of this code does not apply to this section;

G.

Felony as Cause. His conviction of a felony or of any offense involving a violation of his official duties;

H.

Violation of Ordinance as Cause. A violation of Ordinance 4099 or of Ordinance 2549, entitled "an ordinance prohibiting the presence of persons in any County hospital if in possession of alcoholic beverages," adopted November 26, 1934;

I.

Lack of Bond as Cause. His refusal or neglect to file his official oath or bond, when the same is required, within the time prescribed;

J.

Judicial Decision as Cause. The decision of a competent tribunal declaring his appointment void or his office vacant.

(Ord. 9149 § 1, 1966; Ord. 8355 § 1, 1963; Ord. 7135 § 1 (part), 1957: Ord. 4099 Art. 3 §§ 34—39, 39.5, 40, 40.5, 41 and 42, 1942.)

Any county officer, board, commission or other body may declare any office or position in the classified service to which appointment is made by such officer, board, commission or body, vacant upon the happening of any one or more of the events provided for in subsections A, B, C, E, G, H, I and J of Section 5.12.050. When any such office or position is declared vacant under subsections B, C, E, G, H or I of Section 5.12.050, the procedure set forth in Section 34, Subdivision 13 of the Charter shall be followed in its entirety.

(Ord. 7135 § 2, 1957: Ord. 5301 § 3, 1949: Ord. 5283 § 3, 1949: Ord. 5033 § 3, 1947: Ord. 4099 Art. 3 § 45, 1942.)

Provided further, that before an office or position shall be declared vacant under subsections B, C, D, E, G or I of Section 5.12.050, the procedure outlined in Section 34, Subdivision 13 of the Charter must be followed in its entirety.

(Ord. 4099 Art. 3 § 44, 1942.)

When it is impossible to serve personally upon the incumbent the notice required by Section 34, Subdivision 13 of the Charter, such service shall be made by mailing by certified mail a copy of such notice to the last known address of the incumbent.

(Ord. 6830 § 1, 1956: Ord. 4099 Art. 3 § 46, 1942.)

Provided, when an office or position is declared vacant under subsections A or J of Section 5.12.050, a certified copy of the judgment of a competent tribunal filed with the clerk of the board of supervisors shall be sufficient authority for the board to declare such office or position vacant, and no notice to the incumbent shall be required.

(Ord. 4099 Art. 3 § 43, 1942.)

All county officers and employees shall at all times treat the public with whom they come in contact with utmost courtesy. Any violation of this rule shall be punishable by suspension without pay not to exceed 10 days.

(Ord. 4099 Art. 3 § 68, 1942.)

Any applicant for County employment who has been convicted of either workers' compensation fraud or human trafficking is barred from employment with the County of Los Angeles.

If an individual can demonstrate that he or she was a victim of human trafficking at the time of his or her arrest or conviction, this prohibition would not apply, as the County values survivors.

(Ord. 2016-0052 § 1, 2016: Ord. 2004-0044 § 1, 2004.)

Designated county officers shall cooperate with the security program recommended by the chief executive officer and adopted by the board of supervisors. The designation of county officers shall be by the chief executive officer after consultation with the board of supervisors. The chief executive officer will periodically review the assignment of individual county officers to specific levels within the security program and make adjustments as appropriate after advising the board of supervisors of such changes and in the absence of any different direction from the board of supervisors. Each officer shall fully cooperate with all aspects of the special security program recommended by the chief executive officer including use of assigned guards, installation of special equipment in his residence, and following of special security procedures at all times. In addition, each such officer may lease from the county a specially equipped vehicle for an annual fee as determined by the chief executive officer and shall exclusively use such vehicle. The annual lease fee shall be paid to the county by monthly payroll deduction. In recognition of their official duties, the county shall provide each such officer leasing a vehicle from the county a monthly allowance as determined by the chief executive officer.

(Ord. 2013-0015 § 1, 2013: Ord. 2004-0040 § 2, 2004: Ord. 86-0015U § 1 (part), 1986.)

The chief administrative officer shall adjust the amounts set forth in Sections 5.39.030, 5.40.460, 5.40.465, and 5.12.200 of this code from time to time based upon changes in costs or other factors.

(Ord. 2000-0071 § 1, 2000: Ord. 88-0152 § 1, 1988.)

For purposes of Chapter 5.27, the following persons shall be deemed to have completed at least 14 years of continuous service as of January 1, 1991:

A.

Each person entitled to benefits pursuant to Section 5.39.030; and

B.

Any officer or employee designated by the chief administrative officer.

(Ord. 90-0164 § 2, 1990.)