Madera County Municipal Code Ch. 2.54 Civil Service System

Footnotes:

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For statutory provisions regarding county civil service systems, see Gov. Code § 31100 et seq.

Pursuant to Sections 31100—31113, inclusive, of the Government Code of the state, there is hereby adopted a civil service system for the county, said system to be administered as set forth in this chapter.

(Unnumbered Ord. § 1, approved November 8, 1960).

Editor's note— A ballot of November 7, 2006, repealed § 2.54.020, which pertained to commission created—membership and derived from Unnumbered Ord. § 2, approved November 8, 1960.

The members of the county civil service commission shall be selected from among the qualified electors of the county and shall not have held any county office or position or shall not have been an officer of any political party within one year prior to their appointment. In the event any vacancies occur during the term of office of any appointee, the board of supervisors shall fill such vacancy by appointment and such appointee shall serve for the remainder of the member's unexpired term of office only.

(Unnumbered Ord. § 3, approved November 8, 1960).

The board of supervisors may by a four-fifths vote of all of its members remove any member of the county civil service commission during his term of office, for good cause as enumerated in Section 2.57.130 Rule 10-2.

(Ballot of 11-7-2006; Unnumbered Ord. § 4, approved November 8, 1960).

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

(Unnumbered Ord. § 5, approved November 8, 1960).

Within ninety days after the adoption of the ordinance codified herein the board of supervisors shall appropriate the necessary funds for the administration of the county civil service system and shall annually provide the necessary funds for such administration in the annual budget of the county for the fiscal years subsequent to such adoption.

(Ballot of 11-7-2006; Unnumbered Ord. § 6, approved November 8, 1960).

The county civil service commission shall hold at least one regular meeting each month and shall keep minutes of its meetings and other records as are necessary to the administration of the civil service system. Additional meetings as may be required may be held from time to time upon the call of the chairman or chairman pro tem. No such meeting of the commission shall be held unless at least three members of the commission are in attendance. At its first meeting after the appointment of members thereof, the commission shall elect one of its members to serve for each calendar year; thereafter, at the first meeting of each calendar year, a chairman and chairman pro tem shall be elected and shall hold office until successors have been elected and qualified.

(Ballot of 11-7-2006; Ord. 537 § 1, 1991: unnumbered Ord. § 7, approved November 8, 1960).

Members of the civil service commission shall receive compensation at the rate adopted by the board of supervisors for each meeting attended, shall receive reasonable traveling expenses from their place of residence to the place of the meetings and return and such other actual and necessary expenses incurred in the performance of their duties.

(Ballot of 11-7-2006; Unnumbered Ord. § 8, approved November 8, 1960).

The director of Human Resources shall act as secretary of the commission and shall perform the duties prescribed by the commission in the rules and regulations for the operation of the civil service system.

(Ballot of 11-7-2006; 9-16-06; Unnumbered Ord. § 9, approved November 8, 1960).

All employees of the county shall and are hereby declared to be included in the county civil service system hereby adopted except the following who are hereby expressly 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 boards and commissions; and

E. All heads of county departments.

(Ballot of 11-7-2006; Ord. 364 § 1, 1972: Unnumbered Ord. § 10, approved November 8, 1960).

The civil service commission shall prescribe rules and regulations for the operation of the civil service system in accordance with Section 31113 of the Government Code of the state, and shall provide in such rules for the following:

A. The classification of all positions in the civil service system;

B. Minimum standards and qualifications for each classification to be met by all applicants for positions in the county employ.

C. A public announcement of all examinations;

D. Admittance to examinations of 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. 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 no more than two years;

G. An extra credit of five percent of the total credits earned in any competitive open examination to all persons who shall have earned the minimum qualifying score and who have submitted proof of qualifying veteran status in the United States military forces. An additional five percent credit shall also be allowed to those honorably discharged veterans with service-connected disabilities. For the purpose of this section, "veteran" means any person meeting the 'veteran' criteria described in California Government Code Section 18973.

H. Certification and appointment from a list of eligibles consisting of those persons highest on the eligible list or lists for the class whenever a position in the classified service is to be filled,;

I. A probationary period for each class not to exceed the period established by Chapter 2.57, during which the appointing authority may reject (release) the appointee without any right to hearing on the part of the appointee;

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

K. Appointment to permanent positions on a provisional basis of persons who meet the minimum qualifications when there is no eligible list for the class;

L. Appointment to limited term positions of eligibles or persons who meet the minimum qualifications. Acceptance or refusal to accept such an appointment shall not bar an eligible from certification for permanent appointment;

M. Appointments in emergencies or elections administered by the county clerk without reference to eligible lists;

N. Transfers, leaves of absence, separations and reemployment privileges;

O. The commission shall also perform additional powers and duties in relation to the operation of the county civil service system as the board of supervisors may from time to time delegate to it.

(Ballot of 11-7-2006; Unnumbered Ord. § 11, approved November 8, 1960).

Any non-probationary employee in the classified civil service may be dismissed, suspended or reduced in rank or compensation by the appointing authority of the county after appointment or promotion is complete by a written order executed by such appointing authority stating specifically the reasons for the action. The order shall be served on the employee affected thereby and a copy filed with the Department of Human Resources. Such dismissal, suspension or reduction in rank or compensation shall be final unless the employee replies to the appointing authority or the Department of Human Resources and requests an appeal to the civil service commission within ten days after the receipt of the original order.

Adverse and disciplinary action may be taken against an employee up to and including termination of employment. An adverse action is valid only if a written notice is served on the employee prior to the effective date of the action. The notice shall be served upon the employee either personally or by mail and shall include: (1) a statement of the nature of the adverse action; (2) the effective date of the action; (3) a statement of the reasons for the adverse action in ordinary language; (4) a statement advising the employee of the right to answer the notice orally or in writing; and (5) a statement advising the employee of the time within which an appeal must be filed. The notice shall be filed with the Department of Human Resources not later than ten calendar days after the effective date of the adverse action.

(Ballot of 11-7-2006; Unnumbered Ord. § 12, approved November 8, 1960).

If the employee affected by the order referred to in Section 2.54.120 files a reply and request for appeal to the civil service commission within the specified time, the secretary of the commission shall forthwith transmit the order, reply and request for appeal to the civil service commission for hearing. Within a reasonable time from the filing of such appeal, the commission shall hold a hearing, which may be continued from time to time, and at the conclusion thereof either affirm, modify or revoke the order. The appellant may appear personally, produce evidence, be represented by counsel, and have a public hearing if it is desired.

(Ballot of 11-7-2006; Unnumbered Ord. § 13, approved November 8, 1960).

If an order referred to in Section 2.54.120 is for a suspension without pay of three or fewer days, or for a reduction in rank with a loss of pay equivalent to a suspension without pay of no more than three days, then any appeal made by or on behalf of the affected employee shall be heard and decided by the county administrative officer, or his or her designee, rather than by the civil service commission. The commission shall recommend and the board of supervisors shall adopt a civil service rule providing a fixed procedure for the conduct of such appeals, which procedure shall be consistent with legal requirements for due process and fair hearings.

(Ballot of 11-7-2006; Unnumbered Ord. approved 2002).

At any hearing or investigation conducted by the county civil service commission, the commission shall have the power of subpoena and may require the attendance of witnesses and the production thereby of books, records and other documents pertinent to the hearing and/or investigation. Each commissioner shall have the power to administer oaths to witnesses. The commission may employ a hearing officer to act as the presiding officer at hearings and the expenses connected therewith shall be paid by the county; provided, however, any expenses incurred by the affected employee shall not be the responsibility of the county. The commission shall prescribe a fixed procedure for the conduct of hearings and specify the rules of evidence in force. Any verdict by the commission shall specify a finding as to each ground or reason set forth in such verdict and the finding and decision shall be certified to the department head or officer whose action was the subject of the hearing and be forthwith enforced and followed by him The commission have the authority to reverse, uphold or modify any order on a case-by-case basis and upon such terms and conditions the commission finds appropriate.

(Ballot of 11-7-2006; Unnumbered Ord. § 14, approved November 8, 1960).

A. Absence without leave, whether voluntary or involuntary, for five consecutive working days is an automatic resignation from county service, as of the last date on which the employee worked.

The appointing authority shall notify the employee of his or her automatic resignation by personal service or by certified mail, return receipt requested, with a copy by regular mail, postage fully prepaid, addressed to the employee at the employee's last known address. Service is complete upon mailing. Proof of service, either personal or by mail, shall be by affidavit or declaration.

The employee may file a written request with the appointing authority for reinstatement, provided any request for reinstatement must be made within fifteen days of service of the notice of automatic resignation. The appointing authority shall hold a meeting with the employee and the employee's representative and the appointing authority, or designee, forthwith, if requested. The employee shall not be entitled to a full evidentiary hearing. Reinstatement may only be granted if the employee makes a satisfactory explanation to the appointing authority, or designee, as to the cause for absence and the failure to obtain leave and the appointing authority, or designee, finds that the employee is ready, able and willing to resume the discharge of duties of his or her position.

B. A determination that the employee is not to be reinstated shall be in writing and served on the employee in the same manner as service of the notice of automatic resignation.

C. The automatic resignation shall be effective upon the later of fifteen days from service of the notice of automatic resignation or the service of the determination of the appointing authority, or designee, that the employee is not entitled to be reinstated.

D. An employee reinstated shall not be paid salary or granted the use of paid leave benefits for the period of his or her absence or separation or any portion thereof.

E. Separation from service under this section does not constitute a dismissal for cause within the meaning of this code.

(Unnumbered Ord. approved 2002).

Editor's note— A ballot of November 7, 2006, repealed § 2.54.150, which pertained to continuation of employment and derived from Unnumbered Ord. § 15, approved November 8, 1960.

Editor's note— A ballot of November 7, 2006, repealed § 2.54.160, which pertained to participation in political campaign and derived from Unnumbered Ord. § 16, approved November 8, 1960.

It is the policy of the county that all persons have the right and opportunity to seek, obtain, and hold employment without discrimination or abridgment on account of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation.

(Ballot of 11-7-2006; Unnumbered Ord. § 17, approved November 8, 1960).

No amendment to this chapter shall be effective unless such amendment has been submitted to a vote of the people of the county at a general or special election and has received a vote of the majority of the electors of the county affirming such amendment.

(Ballot of 11-7-2006; Unnumbered Ord. § 18, approved November 8, 1960).

It is provided that any other law or ordinance which affects the employees of the county is specifically maintained as governing law, except insofar as such other law conflicts either directly or indirectly with the chapter herein.

(Unnumbered Ord. § l9(part), approved November 8, 1960).

This chapter shall be effective upon the date specified in the Constitution and Elections Code of the state pertaining to the effective date of ordinances voted upon favorably by the people.

(Unnumbered Ord. § 20, approved November 8, 1960).