Mendocino County Municipal Code Ch. 3.16 Civil Service

Footnotes:

--- (3) ---

Editor's note— Ord. No. 4342, adopted August 18, 2015, repealed and replaced ch. 3.16, §§ 3.16.010—3.16.220, in its entirety. Former ch. 3.16 pertained to similar subject matter and was derived from Ord. No. 4340, adopted July 7, 2015.

Pursuant to 31100—31113, inclusive, of the Government Code of the State of California, there is hereby adopted a Civil Service System for the County of Mendocino, said system to be administered as hereinafter set forth. This Civil Service System shall operate as a merit-based system with governing principles which include recruiting, selecting and promoting employees on the basis of their ability; providing equitable and adequate compensation; training employees as needed; retaining employees on the basis of the adequacy of their performance; ensuring non-discrimination and fair treatment in all personnel operations; and ensuring employees are protected against coercion for partisan political purposes.

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

There is hereby created a Civil Service Commission consisting of five (5) members, one (1) from each Supervisorial District, who shall be appointed by the Board of Supervisors of the County of Mendocino. Each member appointed by the Board of Supervisors to the Civil Service Commission shall serve for a period of four (4) years and until his successor is appointed and qualified; provided, however, that the terms of office of two (2) members of the first Civil Service Commission shall be for one (1) year and the terms of office of the remaining three (3) members shall be for two (2), and three (3), and four (4) years, respectively; or until their successors are appointed and qualified. The members first appointed shall determine by agreement the relative order of the expiration of their terms of office.

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

The members of the Mendocino County Civil Service Commission shall be selected from among the qualified electors of the County of Mendocino and shall not have held any county office or position or shall not have been an officer of any political party within one (1) 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.

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

The Board of Supervisors may for good cause after public hearing by a four-fifths (4/5) vote of all its members remove any member of the Mendocino County Civil Service Commission during his term of office. There shall be no less than ten (10) days public notice of such hearing and said notice shall specify the name of the member and the cause of proposed removal.

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

The Mendocino County Civil Service Commission shall perform the duties and exercise the powers provided for in this Chapter and no member of said Commission shall hold any other county office whatsoever during his tenure as a Commissioner.

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

Within ninety (90) days after the adoption of the ordinance codified in this Chapter the Board of Supervisors shall appropriate the necessary funds for the administration of the Mendocino County Civil Service System and shall annually provide the necessary funds for such administration in the annual budget of the County of Mendocino for the fiscal years subsequent to such adoption. The Civil Service Commission shall recommend to the Board of Supervisors prior to each fiscal year the amount of funds, which, in the opinion of the Commission, is reasonably necessary and adequate to administer the Civil Service System for each County department.

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

The Mendocino County Civil Service Commission shall hold at least one (1) regular meeting each month and shall keep minutes of its meetings and such 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 President or Vice-President. No such meeting of the Commission shall be held unless at least three (3) of the members of the Commission are in attendance. The Commission shall make an annual report to the Board of Supervisors setting forth the nature of its activities throughout the calendar year and any recommendations it may have with respect to changes or modifications in County employment with respect to personnel matters. At its first meeting after the appointment of the members thereof, the Commission shall elect one (1) of its members President and another Vice-President to serve for each calendar year thereafter, at the first meeting of each calendar year a President and Vice-President shall be elected and shall hold office until successors have been elected and qualified.

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

Members of the Civil Service Commission shall receive compensation at the rate of not more than Twenty Dollars ($20) per member 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. No payment of traveling expenses shall be made for meetings of the Commission held outside the County unless prior approval is given by the Board of Supervisors.

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

The Board of Supervisors hereby designates the Director of Human Resources to act as the Secretary of the Civil Service Commission to perform the duties prescribed by the Commission.

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

The provisions of this Chapter shall apply to and the County Civil Service shall include every officer and employee of the County except that officers and employees within the following categories will be excluded from Sections 3.16.010, 3.16.120, 3.16.130, 3.16.140, 3.16.150, 3.16.160, and 3.16.210:

(A) Elected officers, including but not limited to:

(1) Assessor/Clerk Recorder.

(2) Auditor-Controller/Treasurer-Tax Collector.

(3) District Attorney.

(4) Sheriff-Coroner.

(B) All County officers whose terms and removal from office are governed by State statute specific to that office.

(C) All County officers and employees who are at-will and serve at the pleasure of the Board of Supervisors or the "Appointing Authority" as defined by Section 3.16.110, regardless of the bargaining unit to which their classification may be assigned.

(D) All persons serving without compensation.

(E) County Jail Inmates.

(F) All members of appointed boards and commissions.

(G) All appointed department heads, including but not limited to:

(1) Agricultural Commissioner/Sealer.

(2) Chief Probation Officer.

(3) Clerk of the Board of Supervisors.

(4) County Counsel.

(5) Director of Behavioral Health & Recovery Services.

(6) Director Child Support Services.

(7) Director of Museum.

(8) Director of Public Health.

(9) Director of Social Services.

(10) Farm Advisor.

(11) General Services Agency Director.

(12) Human Resources Director.

(13) Director of Planning and Building.

(14) Public Defender.

(15) Director of Transportation.

(H) The following employees, regardless of bargaining unit, whose principal duties involve the practice of law and which classifications require membership in the California Bar Association:

(1) Chief Deputy County Counsel.

(2) Alternate Defender.

(3) Deputy County Counsel I-II-III-IV.

(4) Assistant County Counsel.

(5) Assistant District Attorney.

(6) Assistant Public Defender.

(I) All employees, regardless of bargaining unit, whose principal duties involve the practice of medicine and which classifications require licensure as a Medical Doctor (MD), including but not limited to:

(1) Psychiatrist,

(2) Public Health Officer;

(J) All unrepresented management employees including but not limited to:

(1) Chief Executive Officer.

(2) Assistant Chief Executive Officer.

(K) Mendocino County Air Pollution Control Officer.

(L) Water Agency General Manager.

(M) All employees covered under the California Administrative Code, (i.e., Merit Systems).

(N) The County Surveyor by reason that this position must report to the Board of Supervisors by law.

(Ord. No. 4342, 8-18-2015; Ord. No. 4513, § III, 10-18-22)

The appointing authority as that term is used in this Chapter shall be the appointed or elected head of the department in which the appointment is to be made.

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

The Civil Service Commission shall prescribe rules and regulations for the operation of the Civil Service System in accordance with 31113 of the Government Code of the State of California; and shall provide in such rules for the following:

(A) The classifications of all positions in the Civil Service System and the orderly periodic review of classifications;

(B) Establish minimum standards and qualifications for each classification;

(C) A public announcement of all examinations;

(D) Admittance to examinations of all applications that meet the minimum standards of qualifications;

(E) Open or promotional competitive examinations to test the relative fitness of applicants for positions in the classified service of the County;

(F) Promotional preference to those in the County Civil Service where consistent with the public interest;

(G) The establishment of eligible lists from competitive promotional and open examinations. Such lists shall remain in force for not less than six (6) months nor more than two (2) years to be determined by the Civil Service Commission;

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

(I) Certification of the eligible list to the appointing authority and appointment from the list whenever a position in the classified service is to be filled, provided that eligibles on promotional lists for any particular class shall be certified before eligibles on open lists. Each certification shall name the highest ranked standings. on the eligible list for the position to be filled. The number of standings certified shall be no less than three (3) and no more than ten (10) as requested by the appointing authority. The appointing authority shall appoint from those so certified provided they are available; if any candidate on a certification waives or fails to respond to a certification to the appointing authority, additional names shall be certified to the extent that there are no less than three (3) available from which to appoint, unless the appointing authority elects to appoint from a certification of less than three (3) available eligible candidates;

(J) A normal probationary period for each class shall be twelve (12) months; subject to further provision that the Civil Service Commission may for good cause provide that the probationary period may be extended; during the probationary period the appointing authority may reject an appointee and the appointee shall have no right to a hearing on the issue of rejection; a rejected appointee shall be reinstated to the eligible list from which the appointment was made providing said list is still in existence; a rejected appointee who had permanent or probationary status in another class shall have the right to be immediately reinstated to his or her former permanent or probationary position held immediately prior to appointment to the class which rejected;

(K) Permanent status after completing of the probationary period subject to dismissal, suspension, or demotion for cause;

(L) Appointment to permanent or temporary positions on a provisional basis of persons who meet the minimum qualifications when there is no eligible list for the class, provided that such provisional appointments shall be terminated at the end of six (6) calendar months or within thirty (30) calendar days after certification of eligibles, whichever first occurs;

(M) Appointment to temporary or limited term positions or persons who meet the minimum qualifications provided, however, that acceptance or refusal to accept such appointment shall not bar an eligible from certification for permanent appointment; all employees now authorized by law to be employed in any County office for a portion of each year, or during certain seasons each year, who shall have been an employee of the County of Mendocino for two (2) successive seasons immediately prior to the time this Chapter takes effect shall be forthwith certified by the commission and shall be eligible for appointment to such seasonal positions without examination so long as they shall remain upon the certified or eligible list of commission;

(N) Appointments in emergencies or elections administered by the County Clerk without reference to eligible lists for periods not to exceed fifteen (15) calendar days, provided that each such appointment shall be reported in writing promptly to the Civil Service Commission stating specifically the situation that exists;

(O) Transfers, leave of absences, separation, and re-employment privileges;

(P) To establish rules and procedures for lay-off considering seniority and efficiency and for demotion to lower classes and for establishment of re-employment lists for the classes from which demoted or laid-off;

(Q) Open hearing on the adoption of rules and regulations and amendments thereto and other matters;

(R) Establish rules for sick leave and vacation and procedures for appeal from sick leave;

The Commission shall also perform additional powers and duties in relation to the operation of the Mendocino County Civil Service System as the Board of Supervisors may from time to time delegate to it.

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

Any officer or employee in the classified civil service may be dismissed, suspended or reduced in rank or compensation by the appointing authority of the County after employment or promotion is complete by a written order, executed by such appointing authority, stating specifically the reasons for this action. The order shall be filed with the Director of Human Resources and a copy thereof shall be furnished to the person afflicted thereby. Such dismissal, suspension or reduction in rank or compensation shall be final unless such officer or employee files a reply in writing to such order with the Director of Human Resources and requests an appeal to the Civil Service Commission within ten (10) days after the receipt of the original order; appointing authority in a dismissal, demotion, or suspension may take the action effectively immediately.

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

If the employee affected by the order referred to in Section 3.16.130 hereof files a reply and request for appeal to the Civil Service Commission within the specified time, the Director of Human Resources shall transmit the order, reply and request for appeal to the Civil Service Commission for hearing. Within thirty (30) business days from the filing of such appeal, the Commission or its referee 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. If the Commission appoints a referee, a complete transcript shall be made and presented to the Commission.

(Ord. No. 4342, 8-18-2015; Ord. No. 4376, 1-10-2017)

At any hearing or investigation conducted by the Mendocino County Civil Service Commission or its referee, the Commission or its referee 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 or referee shall have the power to administer oaths to witnesses. The Commission may employ a hearing officer or referee to act as the presiding officer at hearings and specify the rules of evidence in force. Any decision by the Commission shall specify a finding as to each ground and the finding and decision shall be certified to the appointing authority whose action was the subject of the hearing and be forthwith enforced and followed by him. If an order of suspension, dismissal or reduction in rank or compensation served upon an employee is reversed or modified by the Commission, such employee shall be restored to his previous position with all rights and privileges pertaining thereto except as the decision may affect the employee's status. The employee who is restored to his position shall be entitled to back salary less what he earned.

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

Every person employed by the County of Mendocino at the time of the operative date of the ordinance codified in this Chapter who was or has held an office of employment continuously for a period of six (6) months prior to such operative date shall be deemed to be appointed to such office and confirmed in such position until demoted, suspended, or dismissed in accordance with the terms of the ordinance codified in this Chapter. All persons under the scope and benefit of this Section shall finish out any probationary period previously commenced, subject to the provisions hereof. The provisions of this Section shall not be applicable to those persons designated in Section 3.16.100(A) through (D).

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

(A) County officers and employees may not actively engage in political campaign activity during paid work hours.

(B) County officers and employees may not actively engage in political campaign activity on the premises of County offices.

(C) For purposes of this Section only, working hours mean the following:

(1) For employees, the hours during which the employee is supposed to be at work and not on leave of absence, paid time off or vacation.

(2) For elected officers other than County Supervisors, from 8:00 a.m. to 5:00 p.m. Monday through Friday except if the officer takes time off to engage in political activity.

(3) For County Supervisors, the time during which a Board of Supervisors' meeting is in session.

(D) For purposes of this Section, political campaign activities shall be defined as the following:

(1) Soliciting, receiving, collecting, handling, dispensing, or accounting for assessments, contributions;

(2) Soliciting voters in support of or in opposition to a particular candidate for public office or political party office; or

(3) Addressing, gathering in support of or in opposition to a particular candidate for public office or political party office.

(E) No County employee, elected or appointed, may use, directly or indirectly, any County funds or property in participating in any political campaign.

(F) An employee who seeks election to a County elective office in the County department in which the employee is employed, shall be granted, upon that employee's written request, an unpaid leave of absence for all or any portion of the sixty (60) day period immediately preceding each election in which the employee is a candidate. The employee must submit a written request for unpaid leave pursuant to this Section sixty (60) days prior to the day that said leave is to commence.

(G) No County officer or employee shall participate in political activities while in uniform.

(H) Employees shall be protected from improper political influence or coercion and reprisal for the lawful disclosure of information in whistleblower situations such as reporting illegal and/or wasteful activities.

(I) If any of the above provisions of this Section are held to be invalid, it shall not affect the remaining sections thereof.

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

No person in the classified service of the County of Mendocino or seeking admission thereto shall be appointed, reduced or removed, or in any way favored or discriminated against because of race, color, religion, ancestry, national origin, age, sex, sexual orientation or identity, marital status, medical condition, disability, or any other consideration made unlawful by federal, State, or local law.

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

If any section, subsection, clause or phrase of this Chapter is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining sections of this Chapter. It is hereby declared that each section, subsection, clause or phrase of this Chapter would have been passed irrespective of the fact that any other portion of said ordinance might be declared unconstitutional. It is further provided that any other law or ordinances which affect the employees of Mendocino County are specifically maintained as governing law, except insofar as such other law conflicts either directly or indirectly with the ordinance herein.

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

This Chapter may be amended in either of the following ways, by:

(A) A vote of the people; or

(B) An ordinance initiated and adopted by the Board of Supervisors of Mendocino County by a favorable vote of not less than four-fifths (4/5) of the members of the Board.

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

(A) When a person is reclassified from one (1) class to another class, any incumbent in such position shall continue in the position in the new class with the same probationary status as held in the former classification. If the reclassification results in a monetary change, an incumbent shall be placed at the salary step nearest the incumbent's current salary without a monetary loss.

(B) When a position is reclassified from one (1) class to more than one (1) class an alternate position, any incumbent in such position shall continue in the position, in the same class if the position is so classified, or in the classification in which the incumbent is currently performing based on the classification study. If the incumbent is performing at the journey level and is no longer on probation, a new probationary period is not required.

(C) When a position is abolished and replaced with a new position in a different class, any incumbent in such position may qualify for reassignment to the new position in the manner provided by these rules.

(D) Each classification action of the Commission shall be submitted to the Board of Supervisors and shall become effective upon approval by said Board.

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

All resolutions amending this Chapter are hereby validated and confirmed and shall have the full legal effect of ordinances adopted by the Board of Supervisors in the manner required by the law and complying in every respect with laws relating to the adoption and approval of such ordinances, notwithstanding any defect, irregularity, omission or ministerial error in the adoption or approval thereof.

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