Mendocino County Municipal Code Ch. 3.04 Personnel and Salary

Footnotes:

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Editor's note— Ord. No. 4342, adopted August 18, 2015, repealed and replaced ch. 3.04, §§ 3.04.010—3.04.220, in its entirety. Former ch. 3.04 pertained to similar subject matter and was derived from Ord. No. 4340, adopted July 7, 2015.

The words and terms defined in this Section shall have the following meanings in the Title and in any other Title classifying and fixing the salaries and compensation or authorizing the employment of personnel in any department or office of Mendocino County:

(A) "Allocation" means the official determination of the class in which a position shall be deemed to exist and the assignment of an individual position to an appropriate class.

(B) "Class" or "Class of positions" means a definitely recognized kind of employment in the County service designed to embrace all positions having duties and responsibilities sufficiently similar that the same title may be used, the same requirements for education, experience, knowledge and ability may be demanded of incumbents and the same schedule of compensation may be applied with equity.

(C) "Classified service" means all positions in the County service except those specifically exempted by Mendocino County Code Section 3.16.100.

(D) "Compensation" means the salary, wage, allowance and all other forms of valuable considerations, earned by or paid to any employee by reason of service in any position.

(E) "County service" or "service of the County" means all positions in all departments as herein defined that are subject to control and regulation by the Board of Supervisors of Mendocino County.

(F) "Employee" means those persons legally occupying positions in the County service.

(G) "Exempt service" refers to positions in the County service, as determined and maintained by the Human Resources Director, that meet the Executive, Administrative and/or Professional standards under the provisions of the Fair Labor Standards Act for exemption from overtime pay including, but not limited to: elective officials; incumbents of classifications represented by the Department Head collective bargaining unit; incumbents of classifications represented by the Management collective bargaining unit; incumbents of classifications represented by the Mendocino County Law Enforcement Management Association collective bargaining unit; incumbents of classifications designated as unrepresented for the purpose of collective bargaining.

(H) The determination as to which positions are allocated to the exempt service in this Section shall be made by the Human Resources Director in accordance with the Fair Labor Standards Act, except that no position that receives time and one-half (½) overtime pay pursuant to Section 3.04.200 or pursuant to any labor agreement shall be designated as part of the exempt service. Exempt service employees shall be paid on a salary basis. Such employees shall regularly receive a predetermined salary each pay period constituting all or part of the employees' compensation, which amount is not subject to work performed. Exempt service employees shall account for a minimum of forty (40) hours per week.

(I) "Position" means a group of current duties and responsibilities assigned or delegated by competent authority, requiring the full- or part-time services of one (1) or more persons.

(J) "Title," "Class Title" or "Title of class" means the designation given to or name applied to a class or to each position allocated to the class and to the legally appointed incumbent of each position allocated to the class. Its meaning is set forth in the corresponding class specification.

(Ord. No. 4342, 8-18-2015)

The provisions of this Chapter shall apply to all County employees except those in the exempt service.

(Ord. No. 4342, 8-18-2015)

(A) The classification of positions for the purpose of this Chapter shall be as contained in the official list of class specifications.

(B) The classification of positions may hereafter be amended by the addition, division, consolidation or abolishment of classes on adoption by the Board of Supervisors.

(Ord. No. 4342, 8-18-2015)

Each position shall be allocated to its appropriate class on the basis of duties and responsibilities.

(Ord. No. 4342, 8-18-2015)

The title of the class to which any position is allocated shall be used in all official personnel records and in all official personnel transactions in Mendocino County.

(Ord. No. 4342, 8-18-2015)

(A) Officers and employees holding positions upon the taking effect of this Chapter (September 1956) are deemed to be qualified for the position to which they are assigned, subject to the right of the department head or the Board of Supervisors to dismiss any employee in accordance with law.

(B) No person shall be hereafter employed in or appointed to any position requiring full-time or part-time service and which position is included in the classification plan and for which a class specification exists establishing desirable qualifications, unless said person possesses the desirable qualifications of education and experience prescribed for that class; provided, however, that if qualified persons cannot be recruited, the Board of Supervisors may authorize the appointment of persons having less than the desirable qualifications.

(C) In the event any individual offered employment with the County is found to possess extraordinary qualifications for a position through former training or experience, the appointing authority may request, and the Chief Executive Officer may authorize the employment of such employee at Step "2," or if it is found that extraordinary circumstances exist and the public interest requires, a person possessing extraordinary qualifications may be employed at Step "3," "4," or "5" of the appropriate pay range on the recommendation of the appointing authority and when authorized by the Chief Executive Officer.

(D) No person shall be appointed to any law enforcement position unless at the time of the appointment he has passed his twenty-first birthday.

(Ord. No. 4342, 8-18-2015)

The maximum age provisions of Section 3.04.060(D), shall not apply to persons appointed in the classifications of corrections deputy, corrections corporal, bailiff, or undersheriff.

(Ord. No. 4342, 8-18-2015)

County Attorney Outside Employment

This section applies to County Attorneys. For purposes of this section, a County Attorney is a County employee in any of the following positions: District Attorney, Assistant District Attorney, Deputy District Attorney, Public Defender, Assistant Public Defender, Chief Public Defender, Alternate Defender, Deputy Public Defender, County Counsel, Chief Deputy County Counsel, Deputy County Counsel, Chief Child Support Attorney, and Child Support Attorney.

The purpose of this section is to implement the provisions of Government Code section 1126 relating to inconsistent, incompatible, and conflicting employment by County Attorneys. It is not the intent or purpose of this section to unnecessarily restrict, limit, or interfere with employees' outside employment. This section is adopted in order to comply with applicable statutes, and to assure the public of the commitment and service it deserves from its officers and employees by preventing outside employment that is inconsistent and incompatible with County employment.

A. General. Prior written approval is required for any County Attorney to engage in outside employment. Outside employment must not be inconsistent, incompatible, in conflict with, or harmful or unfavorable to his or her duties as a County employee, or reduce the efficiency of the employee in County employment.

B. Process.

a. Any County Attorney who intends to engage in any outside employment for compensation must notify the Human Resources Director or designee and request a determination on incompatibility. The request should include sufficient description of the proposed duties and work schedule at the desired outside employment to permit the Human Resources Director or designee to reach an informed decision.

b. Outside employment, activity, or enterprise may be considered incompatible and be prohibited for the following non-exclusive list of reasons:

i. If it involves the use, for private gain or advantage, of County time, facilities, equipment or supplies, or the County badge, uniform, prestige or influence of his or her County office or position;

ii. If it involves receipt or acceptance by the employee of any money or other consideration from anyone other than the County for the performance of an act which the employee, if not performing such act, would be required or expected to render in the regular course of his or her employment with the County or as a part of his or her duties as an employee of the County;

iii. If it involves the performance of an act in other than his or her capacity as an employee of this County, which act may later be subject, directly or indirectly, to the control, inspection, review, audit or enforcement of any officer or other employee of the County;

iv. If it involves the performance of work during the employee's regular County work schedule.

v. If it involves work on a project under contract with the County; or

vi. If it involves time demands as would render performance of his or her duties as an employee of the County less efficient.

c. The Human Resources Director or designee shall determine the consistency or inconsistency of outside employment, activities, or enterprises with County employment, and notify the County Attorney in writing of his or her determination.

C. Appeal.

a. A County Attorney may appeal from a determination that the proposed employment, activity, or enterprise is incompatible by filing a written appeal with the Chief Executive Officer within fifteen (15) calendar days of issuance of the written determination. The employee's written appeal should include a copy of the initial request for determination, the Human Resources Director's or designee's response, and any other information the employee believes is relevant.

b. The Chief Executive Officer shall issue a written determination and shall be conclusive, final and binding on both the employee and the Human Resources Director.

D. Revocation. Approval may be rescinded at any time if, in the judgment of the Human Resources Director or Chief Executive Officer, the outside employment is inconsistent with, incompatible with, in conflict with, or harmful or unfavorable to the County Attorney's duties as a County employee.

E. No Outside Employment When on Sick Leave or Workers' Compensation. A County Attorney will not engage in outside employment while on sick leave or workers' compensation leave status with County.

F. Use of County Equipment Prohibited. No County-owned equipment, computer, automobile, truck, instrument, tools, supply, machine, or any other item which is the property of County will be used by the County Attorney while said employee is engaged in any outside employment. No employee will allow any unauthorized person to rent, borrow, or use any of the items mentioned above.

G. Violation of this policy may result in disciplinary action up to and including termination of employment.

(Ord. No. 4352, 3-1-2016)

(A) A five (5) step schedule of pay ranges as adopted by resolution of the Board of Supervisors shall constitute the compensation plan applicable to all classes of positions included in the classified service.

(B) All salaries are based on hourly rates.

(C) The compensation of officers and employees of the County shall be as set forth in the list of class titles and pay ranges with steps within each range as established by the Board of Supervisors in the Salary Resolution.

(Ord. No. 4342, 8-18-2015)

(A) The yearly base salary for members of the Board of Supervisors is established as follows:

1. Beginning with the first full pay period sixty (60) days after the adoption of this section in 2024, each member of the Board of Supervisors shall receive as compensation for services the yearly base salary of one hundred three thousand eight dollars and fifty cents ($103,008.50), payable bi-weekly.

2. Beginning with the first full pay period in July, 2025, each member of the Board of Supervisors shall receive as compensation for services the yearly base salary of one hundred ten thousand seven hundred and fifteen dollars ($110,715), payable biweekly.

(B) The Board of Supervisors compensation for services shall be increased or decreased commensurate with the terms and conditions in any future Department Head Association's Memorandum of Understanding that are applied to all positions represented by the Department Head Association. Such applicable terms and conditions include, but are not limited to, cost of living adjustments (COLA's), and provisions for compensation changes based on compensation surveys conducted on all positions, as identified in any future Department Head Association's Memorandum of Understanding. Notice of changes in Board of Supervisors' compensation pursuant to this subsection shall be posted on the County's website at least 15 days before implementation of the change, identifying the change in compensation and the applicable terms and conditions of any future Department Head Association's Memorandum of Understanding on which the change in compensation is based.

(Ord. No. 4342, 8-18-2015; Ord. No. 4400, 1-9-2018; Ord. No. 4537, § I, 9-10-2024)

Members of the Board of Supervisors shall be reimbursed for expenses, made necessary in the performance of their duties as Board members, provided that reimbursement for such expenses, is claimed within ninety (90) days of the incurring of the expense. Any claim not submitted within ninety (90) days shall require specific approval of the Board of Supervisors.

Official business of the Board of Supervisors includes, but is not limited to, attendance at regular Board meetings, special Board meetings, Board Workshops, Board committee meetings, Board of Equalization meetings, fulfillment of Board special committee assignments, serving as the official Board representative at ceremonial and official functions, Board of Supervisors training and orientation, including for supervisors-elect, and conduct of other County business.

In January of each year, the Board of Supervisors shall adopt by resolution, a policy containing an itemized list of reimbursable expenses and said rate of reimbursement.

(Ord. No. 4342, 8-18-2015)

The respective classes of positions and the pay schedules therefor shall be adopted from time to time by the Board of Supervisors by resolution and when so adopted shall have the force and effect and shall be interpreted and applied as follows:

(A) The salaries or rates of compensation prescribed are fixed on the basis of full-time service in full-time positions unless otherwise designated.

(B) The rate of pay prescribed shall be deemed to include pay in every form, except for necessary expenses authorized and incurred incident to employment, or except as herein provided.

(C) Upon progress and productivity, employees may be considered for increase from one (1) step in the pay range to the next step in the pay range according to the following plan:

(1) The Numbers 1, 2, 3, 4 and 5, respectively, denote the various steps in the pay range.

(2) Step "1" shall be paid upon initial employment except when a higher step in a pay range is authorized under Section 3.04.060(C), of this Chapter.

(3) Step "2" may be authorized upon satisfactory completion of twenty-six (26) pay periods (2,080 hours) of employment at Step "1."

(4) At the satisfactory completion of twenty-six (26) pay periods (2,080 hours) in Step "2," employees may be considered for increase to Step "3."

(5) At the satisfactory completion of twenty-six (26) pay periods (2,080 hours) of service in Step "3," employees may be considered for increase to Step "4."

(6) At the satisfactory completion of twenty-six (26) pay periods (2,080 hours) of service at Step "4," employees may be considered for increase to Step "5."

(7) An employee who has been laid off from County service because a position is abolished, or because of a lack of work or lack of funds, and who is re-employed in the same classification within the period provided for restoration or re-employment, shall return at the same step (1, 2, 3, 4 or 5) held as of the date of lay-off. Upon returning from lay-off, the employee shall receive credit for pay periods of service rendered prior to the lay-off in accumulating the total number of pay periods of employment required for advancement to the next step in the salary range. An employee who returns from lay-off to a classification with a pay range lower or higher than the range for the classification from which laid off shall receive a rate of pay as provided in Section 3.04.140.

(8) No advance in pay shall be automatic upon completion of the periods of service outlined hereinabove, and all increases shall be made only upon the written approval of the appointing authority which approval must be submitted to the Human Resources Department not later than ten (10) days after the proposed effective date. If the increase does not become effective on the proposed effective date due to a clerical error in processing the approval, or if the appointing authority due to an oversight, fails to initiate a request for an advance in pay for which an employee may be otherwise eligible, these facts shall be reported to the Human Resources Department within forty-five (45) days thereafter, and the proposed increase shall be made effective as of the proposed effective date upon concurrence of the department head. Increase in pay shall be withheld in cases of inferior work, lack of application, or indifferent attitude, and the employee shall be notified within ten (10) days of the day on which the employee was eligible for a merit increase. The pay of any employee may be reduced to a lower step within the pay range established upon the recommendation of the department head and approval of the Board of Supervisors in cases where the quality and manner of performance of services do not justify the pay being received.

(D) In special cases of extraordinary merit, an appointing authority may recommend for an employee a special increase of one (1) or two (2) steps in the pay range assigned to the classification. To be eligible for a special increase, such employee must have been employed at least sixty (60) days in his or her current classification and in a department that has an on-going performance evaluation program in effect. Such recommendation by the appointing authority shall be expressed in a memorandum addressed to the Chief Executive Officer detailing the justification for the recommended increase and the memorandum shall be accompanied by the standard County "Employee Performance Report" and a "Special Request" form. Effective July 1, 1981, to be eligible employees must have had at least two (2) "standard" or better evaluations completed on the standard "Employee Performance Report." A special increase approved by the Chief Executive Officer shall become effective on the first day of the pay period following the date on which the Chief Executive Officer grants approval. Extraordinary merit increases approved by the Chief Executive Officer shall be reported to the Board of Supervisors on the Consent Calendar after such approval.

(E) Where a pay range for a given class or for several classes is revised upward or downward, the incumbents of positions in classes affected shall have their existing pay adjusted to the same relative step in the new pay range.

(F) For purposes of calculating anniversary dates to determine eligibility for pay step increases, all persons employed by the County upon the effective date of this Chapter (September, 1956) shall have the anniversary date of July 1st. Employees hired before July 1, 1975, shall retain as their anniversary date the effective date of employment or promotion in the County service if it coincides with the first day of one of the biweekly pay periods. If this anniversary date does not coincide with the start of a biweekly pay period, then the employee shall be given an anniversary date that coincides with the start of a pay period which is closest to the effective date of employment or promotion in the County service. Employees commencing work or being promoted on or after July 1, 1975, shall have as a merit pay step anniversary date the effective date of his employment or promotion if it coincides with the first working day of the biweekly pay period otherwise completion of the required twenty-six (26) pay periods as heretofore stipulated in subsection (C) of this Section, supra, calculated from the first working day of a biweekly pay period occurring next after the effective date of employment or promotion.

(G) Whenever the effect of reclassification is to reduce the pay of an incumbent, the Board of Supervisors may direct that a capital "Y" be set opposite the reclassified position on all payroll and other personnel records. Whenever a capital "Y" is set opposite a position, the incumbent shall continue to receive his previously authorized pay until termination of his employment in the position or until a higher rate of pay may be authorized whichever first occurs.

(Ord. No. 4342, 8-18-2015)

(A) From and after the date this Title becomes effective (September, 1956) each employee in the County service shall be paid the salary or compensation for services rendered on behalf of the County in accordance with the pay range prescribed for the class of positions to which his position is allocated.

(B) Upon the taking effect of this Title (September, 1956), all employees in the classified service shall be assigned to a step in the pay range to which their classification is assigned which is next higher in dollar amount above their current salaries.

(C) Upon the taking effect of this Title (September, 1956), all employees presently receiving a salary or rate of pay in excess of the maximum step of the new pay range for his class shall continue to receive such salary or rate of pay while employed in that class. Each salary paid under this provision shall be identified on the County payroll and on all other personnel and financial records wherein it appears by a capital "Y" following the salary rate. Any employee appointed to the position and class in the future shall be paid with the established rate.

(Ord. No. 4342, 8-18-2015)

(A) All County employment is based on a forty (40) hour week, or such other number of hours as the Board of Supervisors may designate by resolution. The County work week for all departments shall be computed from 0001 hours Sunday through 2400 hours the following Saturday (i.e., midnight Saturday through midnight Saturday) for pay purposes; provided, however, that the work week for any department may be changed to a different work week by resolution of the Board of Supervisors.

(B) All employees are allowed fifteen (15) minute rest periods for each period of work of four (4) consecutive hours. This period shall be considered as time worked. This provision shall not apply when the public good mandates that employees must work in emergency situations.

(Ord. No. 4342, 8-18-2015)

(A) "Part-time" service shall consist of a daily work schedule of less than eight (8) hours or a weekly work schedule of less than forty (40) hours. If the Board of Supervisors has by resolution designated a standard work day of less than eight (8) hours a day or a standard work week of less than forty (40) hours a week, "part-time" service shall consist of a daily work schedule of less than the standard number of hours per day or weekly work schedule which is less than the standard number of hours per week. "Extra-help" service shall consist of employment in service for a limited period of time. The compensation for "part-time" or "extra-help" service shall be the hourly rate corresponding to step "1" of the salary range for the appropriate class. In cases where the employee has previous experience, the Chief Executive Officer is authorized to approve an hourly rate equal to step "2", "3", "4", or "5" of the appropriate pay range.

(B) Each part-time employee whose position is budgeted and allocated at a fixed percentage of full-time work shall be paid bi-weekly which shall be the same percentage of the regular full-time work. Such employees will be entitled to receive the various steps of the pay range, as provided in Section 3.04.080 of this Chapter.

(C) The Human Resources Director shall submit his or her recommendation to the Chief Executive Officer regarding the appropriate class for part-time or "extra help" positions.

(D) When a part-time or "extra help" employee, as defined in subsection (A) of this Section, has completed service equivalent to the length of service required for each pay step in Section 3.04.080 of this Chapter, the appointing authority may recommend said employee for a pay increase. With his recommendation, the appointing authority shall submit a certificate showing the number of hours of service that the employee has worked to be eligible for the pay increase.

(Ord. No. 4342, 8-18-2015)

A. When an appointed department head vacancy occurs due to death, resignation, retirement, incapacity, or other reason, and the Board of Supervisors or Chief Executive Officer, as the appropriate appointing authority, appoints an interim department head who is an existing County employee, the individual so appointed shall receive a ten (10) percent pay increase from their current appointed job classification for the duration of the interim appointment. This increase shall remain in effect for the duration of the interim appointment. In no case shall any pay increase exceed the established salary of the interim appointment position.

B. During the interim appointment, if the appointee becomes eligible for and is awarded a merit salary increase in their current appointed job classification pursuant to Section 3.04.080 of this Title, the employee will be awarded the merit increase while in the interim appointment, along with the additional ten (10) percent pay increase associated with the interim appointment based on the increased salary in their current appointed job classification. In no case will the adjusted salary exceed the established salary of the interim appointment position.

C. In the event that a salary schedule increase goes into effect while an employee is in an interim appointment, the employee will be awarded the salary schedule increase while in the interim appointment, with the additional ten (10) percent pay increase associated with the interim appointment based on the increased salary in their current appointed job classification. In no case will the adjusted salary exceed the established salary of the interim appointment position.

D. An employee working in an interim appointment shall not be entitled to receive any other compensation and benefits that may be associated with the interim appointment position.

E. The provisions of this section shall not apply to any appointments to fill a vacancy in an elected official position, pursuant to Government Code § 25304, as it now exists and may be amended, and other applicable laws.

(Ord. No. 4342, 8-18-2015; Ord. No. 4554, § I, 1-6-2026)

Editor's note— Ord. No. 4554, § I, adopted January 6, 2026, changed the title of § 3.04.120 from "additional compensation" to "appointment of interim department head."

(A) Meals. Except as provided for kitchen employees, employees shall reimburse the County for meals provided on the basis of a rate schedule; provided, however, counselors at Juvenile Hall who are required to work a straight eight (8) hour shift may be allowed, at their option, a meal when obligated to eat with the juveniles, provided, however, that the allowed meal shall be the same as that of the juveniles.

(1) For employees working in the classification of Communications Dispatcher and employees working in classifications assigned to the Law Enforcement Unit and who are employed in the County Jail and/or Rehabilitation Center and who are unable to leave their posts for the mid-shift meal, the County shall furnish a meal. In such cases, a meal shall be provided for each eight (8) hour shift and the meal shall be the same as that provided to inmates. The employee shall also be provided with a reasonable time for a meal period.

(B) Rent. The housing provided County employees shall be charged for on the basis of reasonable value of such housing in each instance.

(Ord. No. 4342, 8-18-2015)

(A) (1)

In the case of the promotion of any employee to a position in a class with a higher pay range, such employee shall be entitled to receive the first step of the new range or a step in the new range or a step in the new range that is equal to one (1) step higher than the salary he was receiving prior to promotion, whichever is greater. If an amount equal to a one (1) step increase in the employee's pay range prior to promotion does not appear in the new range, then the employee will receive the step in the new range next above what would normally be a one (1) step increase in the employee's former range. If an increase equal to one (1) step should exceed the last step of the new range, he shall be promoted to the last step of the new range. In all cases, a new anniversary date shall be established for purposes of eligibility for future step increases as provided in Section 3.04.080(E), supra.

(2) The Chief Executive Officer may authorize placement of a promotional employee to a step higher than allowed by Section 3.04.140 when, in special cases, the employee possesses extraordinary qualifications for the position and is found that extraordinary circumstances exist in filling the position which is required to meet the public interest and need. Such placement shall be allowed up to Step "4."

(B) In the case of the demotion of any employee in the County service to a class with a lower pay range, the following shall apply:

(1) Probationary. An employee who, during his probationary period, is demoted to a class which he formerly occupied in good standing during his current period of continuous employment shall have his salary reduced to the salary (including merit increases) he would have received if he had remained in the lower class throughout his period in the higher class.

(2) Involuntary. An employee who, after his probationary period, is demoted involuntarily to a position in a class which is allocated to a lower salary range than the class from which he is demoted, shall have his salary reduced to the salary in the range for the new class which is next lower than the salary he was receiving before demotion; the anniversary date of such employee after demotion shall remain the same as before demotion.

(3) Voluntary. An employee who, after his probationary period requests and is demoted on a voluntary basis to a position in a class which is allocated to a lower salary range than the class from which he is demoted shall have his salary reduced to the salary in the range for the new class which is next lower than the salary he was receiving before the voluntary demotion; the anniversary date of such employee, after the voluntary demotion, shall remain the same as before the demotion.

(C) In the case of the transfer of any employee from one position to another in the same class, or to another class to which the same pay range is applicable, the employee shall remain at the same pay step and shall retain his original anniversary date.

(Ord. No. 4342, 8-18-2015)

(A) Full-Time Employees.

(1) Every permanent full-time employee of the County of Mendocino so employed, shall be credited with forty (40) hours of accrued vacation upon the completion of thirteen (13) bi-weekly pay periods of service. Thereafter, vacation shall accrue at the rate of 3.079 hours per pay period of service until the employee has completed (3) years of service; thereafter, vacation shall accrue at the rate of 4.616 hours every pay period until the employee has completed eight (8) years of service; thereafter, vacation shall accrue at the rate of 6.157 hours per pay period until the employee has completed fifteen (15) years of service; thereafter, vacation shall accrue at the rate of 7.694 hours per pay period.

(B) Part-Time Employees. Every part-time employee holding a budgeted position which is compensated at a bi-weekly rate and who is employed a minimum of twenty (20) hours per week, shall receive a portion of the vacation benefits as set forth in subsections (A)(1) and (D)(1) of this Section in direct relation to the fixed percentage of full-time work to which the position is budgeted and allocated.

(C) Years of Service. Each year of service shall consist of twenty-six (26) bi-weekly pay periods as calculated from the first day of the pay period following the day on which the employee commenced County service, unless said service commenced on the first working day of the pay period, in which case, years of service shall be calculated from the day that the employee commenced County service. Paid sick leave, paid military leave, or other forms of leave with pay shall be counted in years of service. Any employee absent from his duties without pay for more than two (2) working days in a pay period shall neither accrue vacation leave for that pay period nor have that pay period counted toward a year of service.

(D) Vacation Accrual.

(1) An employee who has worked three (3) years, or less, may accrue up to two hundred forty (240) hours of vacation; an employee who has worked fifteen (15) years, or less, may accrue up to three hundred twenty (320) hours of vacation; thereafter, an employee may accrue up to four hundred (400) hours.

(2) When an employee who is receiving paid sick leave reaches the maximum number of accrued vacation hours set forth in subsection (D)(1) and this subsection, supra, during the period of such paid sick leave, the accrual limits shall be waived and the employee shall continue to accrue vacation at the normal rate. The waiver of the normal accrual limits, shall not become effective until the employee has filed with the Human Resources Department a valid statement from his or her physician stated that he or she cannot return to work. The waiver of the stated vacation accrual limits shall continue for thirteen (13) periods, if necessary, after the pay period in which the employee returns to work. During the waiver period the employee will use enough vacation so that the balance of accrued vacation will not exceed the limits stated in subsection (D)(1) and this subsection, supra. Any such excess vacation accrual not used shall be forfeit, and removed from the employee's record, with no compensation being made for the employee. After the stated period of thirteen (13) pay periods, the vacation accrual limits will again be effective for that employee.

(3) When an employee terminates, the accrual of vacation shall cease as of the last day of work except when an employee is on paid sick leave. If an employee should be on paid sick leave, the accrual of paid vacation shall continue until paid sick leave has been exhausted.

(4) All former County employees who are re-employed by the County within ninety (90) days of having voluntarily terminated County employment shall be entitled to accrue vacation benefits at the same rate that he or she accrued benefits prior to their voluntary termination.

(5) An employee who has been laid off from County service because a position is abolished, or because of a lack of work or lack of funds, and who is re-employed within the period provided for restoration or re-employment, shall accrue vacation benefits at the same rate that he or she accrued benefits prior to the date of lay-off. Continuous County service immediately prior to the date of lay-off shall be added to future service after re-employment for purposes of calculating years of service, pursuant to this Section.

(E) Compensation In Lieu of Unused Vacation Leave for Extreme Emergencies. Except as hereafter provided, every effort shall be made to arrange vacation schedules so that each employee will take as much vacation in each year as accrued to him in that year. In exceptional circumstances, such as cases of extreme emergency, compensation in lieu of unused vacation leave, not to exceed the equivalent of eighty (80) hours, may be paid to an employee upon approval of the Chief Executive Officer provided that the employee consents and the department head submits a request to said Chief Executive Officer. "Extreme Emergency" is defined as severe financial hardship to the employee resulting from a sudden and unexpected illness or accident of the employee or of his or her dependent; loss of the employee's property due to casualty, or other similar extraordinary and unforeseeable circumstances arising as a result of the events beyond the control of the employee. The amount of compensation paid to an employee shall be calculated at his current rate.

(F) Vacation Scheduling. The scheduling of vacations for employees shall be the responsibility of each department head who shall see that applications for vacation are made far enough in advance so as to achieve the most efficient functioning of his department and of the County service. Vacations may be allowed to a minimum of one (1) hour and to a maximum of the employee's accrual. The taking of split vacations, however, shall be discouraged except in cases where public service may be seriously impaired. Vacation leave accruing during the period of vacation may be taken in that time. No employee shall work for compensation for the County in any capacity during the period of his paid vacation from the County service.

(G) Vacation Termination Pay. Any employee after thirteen (13) pay periods of part-time service of twenty (20) hours or more per week in a regular allocated position or after thirteen (13) bi-weekly pay periods of full-time regular service shall be paid upon termination an amount of money equal to his or her accrued vacation. When an employee's effective date of termination occurs after the completion of one (1) full week in a given pay period, he or she shall be deemed to have accrued vacation leave for that pay period. A terminating employee may not be re-employed by the County for compensation except in an extra-help capacity until the total number of working days of accrued vacation have elapsed. This Section shall not prevent a department head from filling a vacated position immediately following the effective date of the employee's separation from his or her department, provided funds are available.

(Ord. No. 4342, 8-18-2015; Ord. No. 4377, 1-10-2017)

If the Board of Supervisors, by resolution, designates a standard work week of less than forty (40) hours per week, vacation credits granted pursuant to Section 3.04.150 of the Mendocino County Code shall be computed by reducing the number of vacation leave hours granted according to the percentage of reduction in the work week. (For example, should the standard work week be reduced to thirty (30) hours, then vacation leave granted will be computed seventy-five percent (75%) of those hours set forth in Mendocino County Code Section 3.04.150).

(Ord. No. 4342, 8-18-2015)

(A) Each regular full-time employee of the County of Mendocino shall be entitled to have accrued to his or her credit for future use 4.616 hours of paid sick leave per pay period, and every part-time employee holding a budgeted position who is paid at a bi-weekly rate of pay and who is employed a minimum of twenty (20) hours a week shall have accrued to his or her credit a portion of the sick leave benefits in direct relation to the fixed percentage of full-time work to which the position is budgeted and allocated. Such accrual of paid sick leave may be accumulated without limit. Benefits provided for in this Section are conferred as a privilege and not as a right of the employee. In no case shall cash settlement be made in lieu of accumulated sick leave nor shall any such leave be granted except during the applicant's employment with the County. Effective July 1, 2015, part-time employees who are employed less than twenty (20) hours per week, and extra-help employees, if otherwise eligible, shall receive paid sick leave in accordance with applicable state or federal regulations.

(B) Each pay period of service shall be calculated from the first day of the pay period following the day on which the employee commenced County service unless such service commenced on the first working day of the pay period, in which case bi-weekly pay period of service shall be calculated from the day that the employee commenced County service. Paid vacation leave, paid military leave, and other forms of leave with pay shall be counted in pay periods of service. A permanent full-time employee who is granted a leave without pay, who is absent without leave, or who is suspended without pay more than sixteen (16) hours in a pay period shall accrue paid vacation, sick leave, service credits, and other benefits during any pay period of such leave, absence, or suspension only for those hours in pay status. This provision shall be applied pro rata for permanent part-time employees.

(C) Conditions for Allowance. Sick leave with pay may be granted only for bona fide illness or injury, exposure to contagious disease, or dental, eye or other physical, psychiatric or medical examination or treatment by a licensed practitioner. Leave provided for in this Section is not to be used as a substitute for, or supplement to, vacations, holidays and days off. Such use by an employee shall be a ground for his discharge from County employment. Claims for sick leave shall be allowed only subject to the following conditions:

(1) The applicant must notify his direct superior at the first reasonable opportunity of his illness.

(2) If more than three (3) consecutive days of sick leave are claimed, the applicant must submit a statement from his physician to support his claim.

(3) If claim is made for sick leave for any day of the week, the applicant may be required by his department head to submit a statement from his physician to support his claim. Said requirement must be communicated to said employee within three (3) days after said employee's return to work. If a physician's statement is required and the employee does not submit it to the department head within one (1) week after requested to do so, the department head shall notify the County Auditor and the Human Resources Director for the purpose of having said employee's pay withheld for said day or days. The County Auditor shall withhold said pay accordingly.

(4) Absences from work due to medical, vision, or dental appointments may be charged to sick leave or CTO, at the employee's option. Such usage shall require the prior approval of the department head.

(D) Denial of Application. If an application for sick leave is denied, the subject absence shall be deemed to be leave without pay.

(E) On-the-Job Injury. An employee who is entitled to any temporary disability indemnity due to an injury or illness arising out of and in the course of his employment, and such injury is covered under the Workmen's Compensation provisions of the Labor Code, shall use as much of his accumulated sick leave as, when added to his disability indemnity, will result in a payment to him of his full salary.

(F) Sick Leave upon Layoff. An employee who is laid off because a position is abolished, or because of a lack of work or lack of funds, shall not accrue sick leave during the period of layoff. All accumulated sick leave shall be held for the employee's credit should he or she return to work during the period provided for restoration or layoff re-employment.

(G) Salary Continuance During Long Term Disability. Employees working in a classification that is assigned to the Management unit and Department Head unit who are absent from work due to illness or injury and who have exhausted all of their sick leave and vacation benefits shall be eligible to receive one hundred percent (100%) salary for the first two (2) months after the paid leave has been exhausted; if still unable to work, the employee shall then receive seventy-five percent (75%) of full salary for a two (2) month period; and then if still disabled, shall receive fifty percent (50%) of salary for another two (2) month period. The County shall as a condition for receiving this benefit, require a doctor's certificate that the employee can reasonably be expected to recover sufficiently to return to work.

(Ord. No. 4342, 8-18-2015)

Should the Mendocino County Board of Supervisors establish a standard work week of less than forty (40) hours, the sick leave granted pursuant to Mendocino County Code Section 3.04.160 shall be reduced according to the ratio of the reduced work week to forty (40) hours. (For example, should the standard work week be reduced to thirty (30) hours, then employees would receive sick leave of seventy-five percent (75%) of the number of hours provided for in Mendocino County Code Section 3.04.160).

(Ord. No. 4342, 8-18-2015)

(A) Jury Duty. Any employee summoned for jury duty shall be entitled to leave of absence with full pay for such period of time as he or she may be required to attend the court in response to such summons. The employee may retain only such payment as may be allowed him for travel, lodging, and meal expenses, but, only where jurors who are not County employees are allowed such expenses. As a condition for entitlement to court leave, he or she shall waive the receipt of any and all fees which he or she may have been entitled to receive as payment for his or her services as a juror other than travel, lodging, and meal expenses as above described.

(B) Appearance Regarding County Duties. Whenever a regular employee is subpoenaed to appear in court for any reason pertaining to his or her regular County duties, he or she shall receive his or her regular County salary for such court appearance. Such court appearance shall be counted as hours worked by him or her and as part of his or her regular work week. Such employee shall make payable to the County any fee which he or she receives for serving as a witness, together with all allowances paid him or her for travel, meals, and lodging.

(C) Appearance for Non-County Reasons. Whenever a regular employee is subpoenaed to appear in court for a matter or reason not pertaining to his or her regular County duties, such appearance shall not be considered a part of his or her regular work week, and such employee shall not receive any County pay. Such employee shall, however, be entitled to retain any fee paid to him or her for service as a witness, together with all allowances paid him or her for travel, meals, and lodging.

(Ord. No. 4342, 8-18-2015)

When a regular full-time or regular part-time employee is compelled to be absent from duty by reason of the death of his or her spouse, child, parent, brother, sister, grandparent or spouse's parent, he or she shall be entitled to be absent with pay chargeable to sick leave for not more than five (5) working days for each instance. Should the employee not have sufficient sick leave accrued, this absence may be charged to accrued vacation leave, compensating time off, or be considered leave without pay.

(Ord. No. 4342, 8-18-2015)

(A) The following are established as paid holidays within the meaning of this Chapter. All employees occupying a regular full time or regular part-time position shall receive their regular pay for these holidays.

Any additional days designated by the President or the Governor of the State of California and formally recognized by the Board of Supervisors as a holiday, day of Thanksgiving, or of public mourning.

(B) When a holiday listed herein falls on a Sunday, the Monday following shall be designated as a paid holiday in lieu thereof. When a holiday listed herein falls on a Saturday, the preceding Friday shall be designated as a paid holiday in lieu thereof.

(C) Working on a Holiday. A regular full-time employee who is required to and does work on a paid holiday or whose regular day off falls on a paid holiday shall, in addition to regular holiday pay, be paid or granted compensatory time off, as specified in Section 3.04.200 of this Chapter. A part-time employee occupying a regularly budgeted part-time position and who is paid at a bi-weekly rate of pay shall continue to receive his or her regular pay for the designated holiday. If required to work on a holiday, the provisions of Section 3.04.200, infra, shall be applied in direct relation to the total work week of the regular part-time position. This subsection shall not be applicable to those officers and employees designated in Section 3.04.200(F), infra.

(Ord. No. 4342, 8-18-2015; Ord. No. 4435, § 1, 9-10-2019)

(A) All County employment is based on a forty (40) hour work week. A work week shall be defined as a period of forty (40) hours worked in any calendar week. Paid vacation, sick, court or bereavement leave, and paid holidays, as defined in this Section, shall be computed as time worked.

(B) It is the policy of Mendocino County to avoid the necessity for overtime work whenever possible. When overtime work beyond the forty (40) hour week or normal work day is necessary to provide County service, such overtime calculated to the nearest one-half (½) hour of time worked, shall be compensated for under one (1) of the following provisions:

(1) Paid Overtime. Paid overtime shall be compensated at the rate of one and one-half (1 ½) times the hourly equivalent of the employee's regular salary; or

(2) Compensatory Time Off. Compensatory time off, computed at the rate of one and one-half (1 ½) times the hours worked, may be accumulated to a maximum of forty-eight (48) hours. Any overtime worked in excess of the accumulation shall be paid overtime.

At the time such overtime work is required, the employee shall be advised whether overtime work shall be paid or compensatory time off granted. Accumulated compensatory time off may be taken by an employee as time off with pay upon the request of the employee and approval of the appointing authority. Upon termination of employment for any reason, all accumulated compensatory time off shall be paid. All accumulated compensatory time off earned but not taken as time off with pay in the first six (6) months of a calendar year shall be paid in the last pay period of June or continued as accumulated compensatory time off at the election of the employee. However, all accumulated compensatory time off earned by employees in the Law Enforcement Unit, but not taken as time off with pay in the first six (6) months of a calendar year shall be continued as accumulated compensatory time off.

All accumulated compensatory time off earned but not taken as time off with pay in the last six (6) months of a calendar year, together with any accumulated compensatory time off continued but not taken from the first six (6) months, shall be paid in the last pay period of December of that calendar year. However, such accumulated compensatory time off earned by Law Enforcement Unit employees shall be continued as accumulated time off.

Employees in the Law Enforcement Unit shall have the option to request cash payment for compensatory time off that has accrued in each quarter of a calendar year. If payment is requested it shall be paid in the last pay period of each quarter. If payment is not requested, the compensatory time off shall continue to accumulate.

(3) The maximum of accumulated compensatory time off for employees who are employed in a classification that has been placed in one (1) of the following representative units, Clerical, Fiscal and Administrative, or General Services, or Human Services, shall be forty-eight (48) hours in place of the twenty-four (24) hours shown in Subsection (B)(2), supra.

(C) Working on a Holiday. In addition to regular holiday pay, a regular full time or regular part-time employee who is required to work on a holiday shall be paid at a rate of one and one-half (1 ½) times his or her normal rate of pay for holiday hours worked or shall be granted compensatory time off at a rate of one and one-half (1 ½) hour for every holiday hour worked.

(D) Working on a Regular Day Off. A regular full-time employee who is required to work on his regularly scheduled day off shall be paid or granted compensatory time off at a rate of one and one-half (1 ½) for all hours worked on such day.

(E) The time one and one-half (1 ½) rate is the maximum allowed by this Chapter and not cumulative when the above situations are concurrent.

(F) The following officers and employees shall not receive payment for overtime nor for accumulated compensatory time off.

(1) Elected officials, County officers, and appointed department heads.

(2) Other management or supervisory positions as designated by the Board of Supervisors in an appropriate resolution. Provided, however, that such officers and employees may be granted compensatory time off. Provided, further, in cases of emergency and when the public interest requires, the Board of Supervisors may authorize by a four-fifths (4/5) vote and for a period not to exceed ninety (90) days the payment of overtime to management employees indicated in subsection (B)(2) of this Section.

(Ord. No. 4342, 8-18-2015)

The Human Resources Director is directed to maintain such employee records as are necessary to the accomplishment of the various provisions of this Title. These records shall include a central roster of employees and positions which is to include the record of employment of each employee in the classified service, including dates of service, positions held, salaries or wages received, vacation, sick leave earned and taken, and other such information as may be deemed appropriate.

(Ord. No. 4342, 8-18-2015)

On or about October 1st of each year, the Human Resources Director shall cause to be published on the County website, the pay range for each classification in the classified service.

(Ord. No. 4342, 8-18-2015)