Modoc County Municipal Code Ch. 2.56 Personnel Regulations

The ordinance codified in this chapter shall be referred to as the "salary ordinance of the county of Modoc."

(Ord. 250 §6.002, 1977)

Unless the context requires otherwise, the following terms shall have the meanings hereinafter set forth:

A. "Advisory committee" means a committee composed of the supervisors' salary committee, two department heads appointed by the board of supervisors, and two individuals chosen by the employees.

B. "Board" means the board of supervisors of Modoc County.

C. "Daily rate" means the amount of individual compensation for a full day's service, which is computed by dividing the annual salary by the number of working days in the year.

D. "Day" means a period of time between any midnight and the midnight following.

E. "Department head" means any elected or appointed person who has direct supervision and responsibility for personnel, records, funds, maintenance and service to be performed by a county department or office.

F. "Employee" means any person occupying any position set forth in Section 2.56.080 of this chapter, whether fulltime, parttime or extra help:

1. "Fulltime employee" means an employee in a position established on a permanent year around basis working seven and onehalf hours per day, or thirtyseven and onehalf hours per week. Notwithstanding the foregoing, fulltime employees for employees of the sheriff's department, nonclerical employees of the road department and the landfill maintenance man means an employee in a position established on a permanent yearround basis working eight hours per day, or forty hours per week.

2. "Parttime employee" means an employee in a position established on a permanent yearround basis with less than the full schedule of hours prescribed for a fulltime employee.

3. "Extrahelp employee" means an employee in a position intended to be occupied on a schedule of less than one thousand hours for the county of Modoc in any fiscal year to cover seasonal peak workloads, emergency extra workloads of limited duration, necessary vacation relief and other situations involving a fluctuating staff or work schedules which do not meet the requirements of a parttime employee. Extrahelp employees shall not receive or accrue vacation leave, sick leave, medical or retirement benefits.

G. "Hourly rate" means the amount of individual compensation for a full hour's service, which is computed by dividing the annual salary by the number of working hours in the year.

H. "Month" means a calendar month.

I. "Salary ordinance" means the salary ordinance of the county codified in this chapter.

J. "Week" means a period of seven consecutive days.

(Ord. 250EE §2, 1988; Ord. 250 §6.003, 1977)

The provisions of this chapter shall apply to all employees.

(Ord. 250 §6.010, 1977)

A. Department heads shall have the authority to employ the necessary personnel, as authorized by the board of supervisors, except as otherwise provided by law, and subject to the provisions of subsection B of this section.

B. The appointment of relatives of county elective officials, appointive officers, department heads or employees to positions in the county service shall be governed as set forth herein:

1. Appointment of brothers, sisters, sons, daughters, parents, uncles, aunts, nieces, nephews or spouse, or the spouse's brothers, sisters, sons, daughters, parents, aunts, uncles, nieces or nephews to positions in the same department is prohibited; provided, however, that persons so related may be appointed in the same department if the prospective appointee is:

a. No so related to the appointing authority; and

b. Appointed in a position in a distinctly separate location not on the same premises; and

c. Not appointed to a position which will supervise or be supervised by any person so related.

2. Transportation escorts who may be required from time to time by the district attorney, sheriff, and probation office shall be exempt from the provisions of this section.

C. When a department head is authorized to fill a vacancy or a new position in his or her department, the department head may, in lieu of any advertisement to the general public, circulate an announcement of the availability of the position in writing to all county departments. The announcement shall be posted in a conspicuous place in each department for five working days and any county employee interested in the position shall be given an opportunity to apply for the position no later than ten working days from the date of the announcement. In the event that no county employee applicant is hired for the position, or if the department head chooses not to circulate the position to county employees exclusively, the department head shall cause the position to be advertised in a newspaper of general circulation published in the county for a minimum of ten days and two publications. In addition to the minimum publication requirement, the position may also be advertised in other publications and other localities and for a longer period of time, in the discretion of the department head. All applicants, whether or not presently employed by the county, shall complete and sign an official county application form for the position being sought. All application forms shall be retained by the department head for a minimum of three years.

(Ord. 250V, 1986; Ord. 250 §6.011, 1977)

Editor's note— Ord. No. 250-83, adopted Dec. 10, 2013, repealed § 2.56.050, which pertained to administration—advisory committee authority and organization, and derived from Ord. No. 250, § 6.012, adopted in 1977; and Ord. No. 250-A, § 1, adopted in 1977.

Except as specifically provided in this chapter, each department head shall be responsible for the proper application of the provisions of this chapter.

(Ord. 250 §6.013, 1977)

The following monthly rates shall be paid to employees in the ranges and steps indicated:

(Ord. 250-T § 1, 1986; Ord. 250P (part), 1986; Ord. 250J § 1, 1983: Ord. 250 §6.020, 1977)

The following positions are hereby placed in the following ranges:

(Ord. 250-62 §1, 1997; Ord. 250-61 §§1, 2, 1996; Ord. 250-60 §1, 1996; Ord. 250-59 §1, 1996; Ord. 250-58 §1, 1996; Ord. 250-55 §1, 1995; Ord. 250-53 §1, 1994; Ord. 250-50 §1, 1994; Ord. 250-49 §2, 1994; Ord. 250-48, 1994; Ord. 250-47 §§1—3, 1994; Ord. 250-45 §2(part), 1993; Ord. 250-44 §2, 1993; Ord. 250-37 §1, 1993; Ord. 250-36 §1, 1993; Ord. 250-34, 1992; Ord. 250-32 §§1—4, 1992; Ord. 250-31 §§1, 2, 1992; Ord. 250-30, 1992; Ord. 250-29 §§1—3, 1992; Ord. 250-28, 1992; Ord. 250-25 §§1, 2, 1992; Ord. 250-23, 1991; Ord. 250-22 §2, 1991; Ord. 250-19, 1991; Ord. 250-18, 1991; Ord. 250-17, 1991; Ord. 250-16 §1, 1991; Ord. 250-15, 1991; Ord. 250-14, 1991; Ord. 250-13, 1991; Ord. 250-12, 1991; Ord. 250-11, 1991; Ord. 250-10 (part), 1991; Ord. 250-09, 1990; Ord. 250-8, 1990; Ord. 250-6, 1990; Ord. 250-5 §1, 1990; Ord. 250-4 §2, 1990; Ord. 250-3, 1990; Ord. 250-1, 1990; Ord. 250-ZZ, 1990; Ord. 250-YY, 1989; Ord. 250-WW, 1989; Ord. 250-VV §§1, 2, 1989; Ord. 250-UU, 1989; Ord. 250-SS §2, 1989; Ord. 250-RR §2, 1989; Ord. 250-QQ, 1989; Ord. 250-PP, 1989; Ord. 250-OO, 1989; Ord. 250-NN, 1989; Ord. 250-AA §1, 1989; Ord. 250-GG §1, 1988; Ord. 250-DD, 1988; Ord. 250-CC, 1988; Ord. 250-BB, 1988; Ord. 250-X, 1987; Ord. 250-T §2, 1986; Ord. 250-R §1, 1986; Ord. 250-P (part), 1986: Ord. 250-O §1, 1985; Ord. 250-N §1, 1985; Ord. 250-J §2, 1983: Ord. 250 §6.021, 1977)

Except where prohibited by law, the board of supervisors shall prescribe the compensation of all county employees, including elected officials, by resolution.

(Ord. No. 250-83, 12-10-2013; Ord. 250-80 §1, 2006; Ord. 250-78 §1, 2004; Ord. 250-77 §1, 2004; Ord. 250-76 §§1, 2, 2002; Ord. 250-75 §1, 2001; Ord. 250-71 §1, 1999; Ord. 250-70 §1, 1998; Ord. 250-69 §1, 1998; Ord. 250-63 §1, 1997; Ord. 250-59 §2, 1996; Ord. 250-57 §1, 1995; Ord. 250-56 §1, 1995; Ord. 250-52 §1, 1994; Ord. 250-51 §1, 1994; Ord. 250-45 §2(part), 1993; Ord. 250-43 §3, 1993; Ord. 250-41 §2, 1993; Ord. 250-40 §2, 1993; Ord. 250-39 §§1, 2, 1993; Ord. 250-38 §§1, 2, 1993; Ord. 250-35 §1, 1993; Ord. 250-33 §§1, 2, 1992; Ord. 250-23, 1991; Ord. 250-18, 1991; Ord. 250-16, 1991; Ord. 250-5 §2, 1990; Ord. 250-4 §1, 1990; Ord. 250-2, 1990; Ord. 250-XX, 1989; Ord. 250-SS §1, 1989; Ord. 250-RR §1, 1989; Ord. 250-JJ, 1988; Ord. 250-II, 1988; Ord. 250-HH, 1988; Ord. 250-GG §2, 1988; Ord. 250-FF §§1, 2, 1988; Ord. 250-Z, 1987; Ord. 250-Y, 1987; Ord. 250-U, 1986; Ord. 250-R §2, 1986; Ord. 250-P (part), 1986: Ord. 250-M §1, 1984; Ord. 250-K §1, 1984; Ord. 250-L §1, 1984; Ord. 250-J §3, 1983: Ord. 250 §6.022, 1977)

A. The Modoc County auditor/recorder, sheriff and undersheriff have for many years performed extra duties not required by their normally accepted elected and non-elected responsibilities. By order of the board of supervisors, they have received stipends for compensation for performing those extra duties.

B. The following are those extra duties and monthly stipend currently being paid:

C. The Modoc County board of supervisors finds that it is in the public interest that those extra duties being performed by the above Modoc County officials continue to be performed by them and henceforth those extra duties will be included as regular duties and responsibilities of the position.

D. Effective September 1, 2004, stipends being paid for extra duties currently being performed by the Modoc County auditor/recorder, sheriff and undersheriff shall be consolidated into the base salary of each position respectively.

E. The ordinance codified in this chapter shall take effect in full force and effect, immediately upon passage with regard to all non-elected exempt employees (Government Code Section 25123); thirty days after its passage, with regard to elected exempt employees (Government Code Section 25123) and before the expiration of fifteen days after passage of the ordinance codified in this chapter, it shall be published once with the names of the members of the board of supervisors voting for and against the ordinance in the Modoc Record, a newspaper of general circulation published in the county of Modoc, state of California.

(Ord. 250-79 §§1—5, 2004)

Fees, commissions and compensation, of whatever nature or character, received by any person holding any of the positions set forth in this chapter, and received by reason of the person's holding such position, shall be deposited in the county treasury, and become the property of the county.

(Ord. 250 §6.023, 1977)

Commencing January 1, 1983, the position of county district attorney and public administrator shall be full-time, and no private practice of law shall thereafter be permitted. Commencing January 1, 1983, all fees and commissions payable to the public administrator shall be deposited in the county treasury and become the property of the county.

(Ord. 250-F §4, 1981: Ord. 250 §6.0235, 1977)

Any employee who would suffer an actual decrease in salary as a result of the application of the salary rates provided for in this chapter shall move to the step in his new range with the next higher salary; or, in the event the maximum step in the employee's new range is lower than his current salary, he shall continue to receive his current salary until the maximum step in his new range exceeds his current salary, at which time he shall begin receiving the salary in the maximum step.

(Ord. 250 §6.024, 1977)

Except as otherwise provided for herein, any new employee shall be placed in Step A of the range for his position.

(Ord. 250 §6.030, 1977)

Any employee reappointed following layoff shall receive compensation and benefits as though he had been on leave without pay.

(Ord. 250 §6.031, 1977)

Any employee reinstated following resignation in good standing shall be considered as a new employee; provided, however, at the discretion of the board, such employee may receive a starting salary higher than Step A, but not exceeding the step which he received at the time of his resignation.

(Ord. 250 §6.032, 1977)

Whenever an employee is promoted to a new position, his or her salary may, with the approval of the board of supervisors, be fixed at a step in the higher range which provides for at least a five percent increase in salary.

(Ord. 250-46, 1993: Ord. 250 §6.033, 1977)

Whenever an employee is demoted, due to layoffs, to a position having a lower salary range, his salary shall be that step in the new range which provides equal or, in the absence thereof, the nearest lower salary to that which he received prior to the demotion. In all cases of voluntary demotion or demotion for cause, the employee shall receive the same step in the lower range as he received in the higher range.

(Ord. 250 §6.034, 1977)

Return following leave without pay is not an appointment, but is a continuation of service; however, salary and benefits shall be based on actual service.

(Ord. 250 §6.035, 1977)

At the request of the department head, the board may approve a step above Step A in order to recruit an individual who has demonstrated superior knowledge and ability, and whose combined education and experience represents substantially better preparation for the duties of the position than required by the minimum employment standards.

(Ord. 250 §6.036, 1977)

A. Increases in steps above the entry step shall not be automatic, but shall be based on performance and length of service, and shall be granted to eligible employees at the discretion of the department head with the approval of the board of supervisors.

B. The following are the requirements for granting a merit increase: The employee must have earned the equivalent of at least twelve months of full-time eligible service to be advanced to the second step of his salary range, and at least twelve months of full-time eligible service since his last merit increase to all subsequent step advancements in his salary range. Except for advancements to Step B, step increases may be granted only as of July 1st of each year.

C. Each employee who is not employed by the sheriff's department, who has reached the top step of the employee's designated range shall receive a five percent increase after three additional years of successful service, and shall receive a five percent increase at the successful completion of each additional three-year period thereafter.

(Ord. 250-P (part), 1986; Ord. 250 §6.037, 1977)

On the first day after the employee's twelfth month, and thereafter during budget hearings, the appointing authority shall review the employee's salary and, based upon the employee's length of service and job performace, shall make a recommendation to the board relative to the employee's eligibility for a merit increase.

(Ord. 250-P (part), 1986; Ord. 250 §6.038, 1977)

Salaries shall be paid to all employees in accordance with the following schedule; provided, however, that employees who are not paid pursuant to the regular monthly payroll may be on a different date:

A. Regular salaries for each monthly pay period shall be paid not later than the first day of the subsequent month;

B. Regular salaries for road department employees, for each semimonthly pay period, shall be paid not later than the first day of the subsequent pay period.

(Ord. 250 §6.040, 1977)

Persons entering the county service shall serve a probationary period of twelve months, such period to run from the first of the month following the date of employment; or, in the event the employment is on the first day of the month, then from that date. The length of individual probationary periods shall be increased by adding thereto periods of time during which an employee, while serving as a probationer, is absent from his position.

(Ord. 250P (part), 1986; Ord. 250 §6.045, 1977)

An employee who is promoted to a new position in a higher range shall serve a probationary period before attaining regular employee status in that position; provided, however, a person reemployed in a position in which he was previously a regular employee and from which he was separated in good standing shall not be required to serve the probationary period if such reemployment occurs within two years from the date of his separation.

(Ord. 250 §6.046, 1977)

A. Any probationer may be discharged by the department head during the probationary period for reasons related to the probationer's qualifications, the good of the department, or failure to demonstrate merit, efficiency, fitness, or moral responsibility. A discharge during the probationary period is effected by service upon the probationer of a written notice of discharge, which shall include:

1. The effective date of discharge, which shall not be later than the last day of the probationary period; and

2. A statement of the reasons for the discharge.

B. Service of notice shall be made on or prior to the effective date of the discharge, either personally or by registered or certified mail. A copy of the notice shall be filed with the clerk of the board.

(Ord. 250 §6.047, 1977)

The board, at the written request of a discharged probationer, filed within fifteen calendar days of the effective date of the discharge, may investigate, with or without a hearing, the reasons for the discharge. After investigation, the board may (1) affirm the action of the appointing authority; or (2) restore the discharged probationer to the position from which he was discharged, but this shall be done only if the board determines, after hearing that there is no substantial evidence to support the reason or reasons for discharge.

(Ord. 250 §6.048, 1977)

If the board restores a discharged probationer to his position, it shall direct the payment of salary to the employee for such period of time as the discharge was improperly in effect.

(Ord. 250 §6.049, 1977)

A "layoff" is an action or series of actions, where the board of supervisors determines that a reduction in the employment force is necessary, and as a consequence, an individual employee's employment with the county is terminated, subject to the conditions set forth herein.

(Ord. 279 (part), 1985)

All county employees, excepting social service employees covered under state personnel procedure, shall be covered by the layoff procedure described herein.

(Ord. 279 (part), 1985)

Layoffs shall be made solely under the direction of the board of supervisors. Under the direction of the board of supervisors, the department head may lay off employees for the following reasons:

A. Necessity, based on lack of funds or work;

B. In the interests of economy, to reduce the departmental staff;

C. Return of another employee with greater seniority, from a leave of absence.

(Ord. 279 (part), 1985)

A. The order of layoff among employees shall be as follows:

1. Temporary/extrahelp employees;

2. Probationary employees;

3. Permanent parttime employees;

4. Permanent employees.

B. In each instance, the layoff will be in inverse order of seniority within the affected department. In the event two employees have equal seniority within a department, the employee with specialized skills to perform the required job duties shall be the last to be laid off.

C. Appropriate exemption may be given to jobs which require certain degrees of specialization, certification or licensing, as determined by the department head. The exemption may be applied to any category in subsections A1 through A4 above.

(Ord. 279 (part), 1985)

A. In lieu of being laid off in his present classification, an employee may elect to transfer to, or demote to, any class with the same or lower maximum salary in which the employee had served with permanent status in said employee's department or another department in the county in which he had previously served.

B. In the event an employee elects to follow the procedure outlined in subsection A of this section, the employee may not transfer or demote into such a job if he would displace an employee whose total county service exceeds that of an employee transferring or demoting.

C. An employee replaced by a demotion or transfer described in subsection A of this section will have the same right as set forth in that subsection.

(Ord. 279 (part), 1985)

A. Fourteen calendar days before the effective date of the layoff, written notice of the intended layoff action will be provided to the affected employee. Said written notice shall state the reasons for which the layoff procedure is necessary, together with the effective date of the action. A copy of the layoff procedure shall be made a part of the notice.

B. An employee receiving such written notice shall have five working days in which to reply. Within the five day period, the employee shall notify his department head in writing of the alternative the affected employee has selected, if any.

(Ord. 279 (part), 1985)

Permanent and probationary employees laid off shall be placed on a reemployment list for the class in which they were employed. The list will be established and maintained by the auditor in the inverse order of layoff within specific classifications in each department. Persons on this list will be afforded the first opportunity for appointment to any future employment in said class, for a period of one year. An employee, if recalled within one year, will resume employment with all the rights and benefits as though the employee had returned from an unpaid leave of absence, including accumulation of seniority, unpaid or unused vacation and sick leave, and reinstatement at the salary step level previously held. If an employee refused employment after recall from such reemployment list, his name shall be removed from the list.

(Ord. 279 (part), 1985)

The board of supervisors may order a reduced work hours program within a given budget unit. The employees within such a budget unit shall have their compensation reduced proportionally to the number of reduced hours. There shall be a limitation of twenty percent total hours reduced within a given workweek. Employees experiencing a reduction shall continue to accrue county seniority without interruption. Vacation and sick leave accrual will be reduced accordingly. Such reduction in work hours shall not affect health plan benefits.

(Ord. 279 (part), 1985)

A. The office of the county auditor and recorder, county clerk, and county treasurer and tax collector shall remain open for public service continuously at least from eightthirty a.m. to five p.m., and all other offices shall remain open from eightthirty a.m. to twelve noon and one p.m. to five p.m. each Monday, Tuesday, Wednesday, Thursday and Friday, holidays excepted; provided, however, that when only one employee is on duty in an office, any office may be closed during the hour from twelve noon to one p.m.

B. In addition to these regular hours, each county office or department shall remain open for public service at such times as the department head may determine necessary. The board of supervisors may, from time to time, adjust the hours of any county office to conform with any reduction of hours in lieu of layoff.

(Ord. 2507, 1990; Ord. 250 §6.060, 1977)

The department of county hospital, coroner, public administrator, district attorney, probation, road commissioner, public defender, and sheriff shall provide for emergency and necessary services on a twentyfourhour basis every day of the year.

(Ord. 250 §6.061, 1977)

The department head shall determine the schedule of working hours for each employee in accordance with the needs of the department.

(Ord. 250 §6.062, 1977)

The hours of work for all employees, except department heads, nonclerical employees of the road department, employees of the sheriff's department, and the landfill maintenance man, shall be seven and onehalf hours per day, or thirtyseven and onehalf hours per week. The hours of work for nonclerical employees of the county road department, employees of the sheriff's department, and the landfill maintenance man shall be eight hours per day or forty hours per week.

(Ord. 250 §6.063, 1977)

The department head may require any employee to work in excess of the normal hours of work whenever the needs of the department so require. Such additional work shall be compensated in accordance with the provisions of this chapter.

(Ord. 250 §6.064, 1977)

Subject to the discretion and control of the department head, all employees may be allowed rest periods, not to exceed fifteen minutes during each three consecutive hours of work.

(Ord. 250 §6.065, 1977)

The department head may designate the location or locations at which rest periods may be taken.

(Ord. 250 §6.066, 1977)

All county employees normally shall be allowed a lunch period of not less than thirty minutes, nor more than one hour, which shall be scheduled generally in the middle of the work shift. The period taken for lunch shall not be included in calculating the time worked by employees.

(Ord. 250 §6.067, 1977)

Whenever emergency work is anticipated but does not warrant fulltime staffing, employees may be required to remain on standby (available by telephone for emergency work).

(Ord. 250 §6.068, 1977)

Whenever an employee is requested to work overtime, the employee shall have the choice of receiving one and onehalf the hourly rate for the number of hours worked (or fraction thereof), or taking compensatory time off from employment in a ratio of one and onehalf hours off for each hour of overtime worked. If compensatory time is chosen by the employee, the employer has the discretion to determine when such time off shall be taken, provided that the employee shall have the right to use the compensatory time within a reasonable time after earning it. Each nonlawenforcement employee may accumulate up to one hundred sixty actual overtime hours worked for use as two hundred forty hours compensatory time. Each law enforcement employee may accumulate up to three hundred twenty actual hours worked for use as four hundred eighty hours compensatory time. The foregoing is intended to comply with the requirements of the Fair Labor Standards Act.

(Ord. 250P (part), 1986)

Whenever it is necessary for an officer or employee to use a motor vehicle in the performance of assigned duties, he shall have such vehicle furnished to him, or he shall be compensated an equitable rate per mile for use of his personal vehicle, such rate to be set annually by the board during budget session. Additionally, whenever any officer or employee is ordered or authorized to travel in the performance of his duties, he shall be compensated for his necessary travel expenses at a rate to be set annually by the board during budget session.

(Ord. 250 §6.071, 1977)

When required for the convenience and benefit of the county, employees may be required to wear uniform clothing, as specified by the department head. Upon approval of the board, the department head may authorize the provision or partial provision for such clothing, and/or the cleaning and maintenance of such clothing, or he may authorize the payment of a clothing allowance in lieu of such provisions.

(Ord. 250 §6.072, 1977)

Any employee may be granted emergency leave with pay by his department head for personal reasons which the department head determines are of an "urgent nature," except for medical or dental care. Such emergency leave with pay shall not exceed four hours in any one instance, or a maximum of four hours in any one calendar month.

(Ord. 250 §6.073, 1977)

A. All fulltime employees of the county shall be entitled to holidays with pay. Parttime employees who work at least fifty percent of the regular hours of work in a calendar month shall be entitled to one half of a paid holiday, and those who work at least seventy five percent, to a full paid holiday.

B. As used in this section, "time worked" shall include any leave time taken.

C. Holidays include:

1. January 1st;

2. The third Monday in January, known as "Dr. Martin Luther King, Jr. Day";

3. February 12th, known as "Lincoln Day";

4. The third Monday in February, known as "Presidents Day";

5. The last Monday in May, known as "Memorial Day";

6. July 4th, known as "Independence Day";

7. The first Monday in September, known as "Labor Day";

8. The second Monday in October, known as "Columbus Day";

9. November 11th, known as "Veterans Day";

10. The Thursday in November appointed as Thanksgiving Day;

11. The day after Thanksgiving Day;

12. The day before Christmas Day;

13. December 25th, known as "Christmas Day";

14. December 31st, known as "New Years Eve";

15. Any day designated as a holiday by proclamation of the Governor of this state or the President of the United States, when affirmatively made a holiday by resolution of the board of supervisors;

16. Each employee who is not employed by the sheriff's department shall be permitted to take a floating holiday and two additional hours annually at a time mutually convenient to the employee and the department head, said holiday to be requested at least two weeks in advance.

D. Whenever any legal holiday falls on a Sunday, the first business day thereafter shall be a paid holiday. Whenever any legal holiday falls on a Saturday, the immediate preceding Friday shall be a paid holiday. The personnel officer shall issue in January of each year a schedule of holidays pursuant to the provisions of this section.

(Ord. 250MM, 1989; Ord. 250P (part), 1986; Ord. 250J §4, 1983; Ord. 250E §4, 1980; Ord. 250A §4, 1977; Ord. 250 §6.074, 1977)

A. All employees of the sheriff's department, except elected officials, shall accrue and be entitled to vacation leave with pay, in accordance with the following schedule:

1. Five workdays upon completion of the equivalent of one year of fulltime continuous service, subject to reduction at the rate of fivetwelfths ( 5/12 ) of one day for each month (or major fraction thereof if the month is not completed) of unpaid absence. No vacation time may be used, nor shall any compensation therefor be due or payable at termination prior to the completion of one year of continuous service;

2. Fivesixths of one day for and upon completion of each month of actual service (or major fraction thereof if the month is not completed) during the second through the third year of continuous service;

3. One and onefourth workdays for and upon completion of each month of actual service (or major fraction thereof if the month is not completed) during the fourth through the fifteenth year of continuous service;

4. One and twothirds workdays for and upon completion of each month of actual service (or major fraction thereof if the month is not completed) during the sixteenth year and each year thereafter of continuous service, until termination of employment.

B. All employees who are not employed in the sheriff's department, and with the exception of elected officials, shall accrue and be entitled to vacation leave with pay, in accordance with the following schedule:

1. Ten workdays upon completion of the equivalent of one year of fulltime continuous service, subject to reduction at the rate of tentwelfths ( 10/12 ) of one day for each month (or major fraction thereof if the month is not completed) of unpaid absence. No vacation time may be used, nor shall any compensation therefor be due or payable at termination prior to the completion of one year of continuous service. The vacation formula set forth in this subsection B1 shall apply to the first four years of service;

2. One and onefourth days for and upon completion of each month of actual service (or major fraction thereof if the month is not completed) during the fourth through the eleventhth year of continuous fulltime service;

3. One and twothirds workdays for and upon completion of each month of actual service (or major fraction thereof if the month is not completed) during the twelfth through the nineteenth year of continuous fulltime service;

4. Two and onetwelfth workdays for and upon completion of each month of actual service (or major fraction thereof if the month is not completed) during the twentieth year and each year thereafter of continuous fulltime service, until termination of employment.

(Ord. 250P (part), 1986)

Vacation entitlement accrued for the first year of continuous service shall be taken within twelve months of the time of accrual or right thereto shall be lost. Vacation entitlement accrued after the first year of continuous service shall be taken within twentyfour months of the time of accrual or right thereto shall be lost. Vacation taken shall be credited against the accumulated time which has been accrued the longest. The maximum time limits for vacation accrual may be extended by order of the board of supervisors, provided good cause is shown therefor. The department heads shall determine when vacation leave may be taken. At the time of an employee's termination, any accumulated vacation leave shall be paid off in a lump sum rather than serve to defer the termination date.

(Ord. 250C §3, 1979: Ord. 250B §1, 1978; Ord. 250 §6.076, 1977)

Each employee's vacation period shall be reported by the department head to the county auditor.

(Ord. 250 §6.077, 1977)

A "leave of absence" is a period of time during which an employee is not on the county payroll and is receiving no compensation whatever, either in the form of wages, vacation or sick leave, retirement, or medical insurance. The following rules shall apply to employee leaves of absence:

A. Group medical and dental insurance may be maintained during periods of leaves of absence if the employee personally pays the premium to the auditor's office.

B. Return following leave of absence is not an appointment, but is a continuation of service; however, salary and benefits shall be based on actual service.

C. Any employee who does not return at the end of an approved leave will be terminated.

D. The department head shall notify the auditor's office in the event that a leave of absence is granted.

E. Maternity leaves of absence will be granted for four months. The period may be extended by the department head if medical documentation justifying the extension is presented to the department head for review.

F. Nonmedical leaves of absence will be limited to one month, and will not be granted except in special circumstances at the discretion of the department head.

(Ord. 250KK (part), 1988; Ord. 250F §5, 1981: Ord. 250 §6.0775, 1977)

Persons retiring under the provisions of the Public Employees Retirement System may remain on the payroll on vacation status until such accumulated vacation time for which they are eligible has been exhausted; provided, however, that no person may remain on the payroll beyond his maximum retirement age.

(Ord. 250 §6.078, 1977)

An amendment to the contract between the board of supervisors of the county and the Board of Administration, California Public Employees' Retirement System is hereby authorized to allow the county to avail itself of the provisions of Government Code Section 20818 (Two Years Additional Service Credit) under the circumstances set forth in that section.

(Ord. 281 §1, 1985)

An amendment to the contract between the board of supervisors of the county and the Board of Administration, California Public Employees' Retirement System is authorized, a copy of said amendment being attached to the ordinance on file in the county clerk's office, marked "Exhibit A," and by such reference made a part of this section as though set out in full.

(Ord. 285 §1, 1988; Ord. 284 §1, 1988)

"Sick leave" means the necessary absence from duty of an employee because of:

A. The employee's illness or injury or the pregnancy of the employee;

B. The employee's exposure to contagious disease;

C. The employee's dental, eye, and other physical or medical examination or treatment by a licensed practitioner;

D. The death of a person related by blood, by marriage, or by adoption to the employee; each such absence shall not exceed three days;

E. Any personal reason; sick leave for this reason shall be limited to one day per year.

(Ord. 250KK (part), 1988; Ord. 250G §3, 1982; Ord. 250 §6.079, 1977)

A. On the day following completion of the equivalent of six months of continuous service, each employee (except elected officials) shall be allowed seven and onehalf days of credit for sick leave with pay. Thereafter, for each additional calendar month of service, or the equivalent thereof, he shall be allowed one and onequarter days of credit for sick leave with pay. No employee of the sheriff's department shall accumulate more than one hundred days of sick leave. For all employees other than sheriff's department employees, sick leave may be accumulated indefinitely. Elected officials who immediately prior to their election were employed by the county shall have accrued sick leave attributed to such employment carried on county records until they leave elective office, at which time compensation shall be paid in the same manner and on the same conditions as to county employees generally.

B. All terminating employees who are eligible for retirement pay under the Public Employees Retirement System shall be entitled to a lumpsum payment equal to the salary equivalent of onehalf of their thenaccumulated sick leave. For puposes of this subsection accumulation of sick leave shall be limited to one hundred days. Any such employee who has lost sick leave by reason of any prior maximum accumulation limitation shall be entitled to reinstatement of such lost sick leave in an amount which, when combined with accumulated sick leave, does not exceed one hundred days.

(Ord. 250TT, 1989; Ord. 250W, 1986; Ord. 250P (part), 1986; Ord. 250C §2, 1979: Ord. 250 §6.080, 1977)

The department head shall approve sick leave only after having ascertained that the absence was for an authorized reason. He may require the employee to submit substantiating evidence, including but not limited to, a physician's certificate. If the department head does not consider the evidence adequate, he shall disapprove the request for sick leave.

(Ord. 250 §6.081, 1977)

Sick leave shall be certified by the department head to the county auditor on forms provided by him. The department head shall maintain complete and accurate sick leave records relative to sick leave.

(Ord. 250 §6.082, 1977)

Every employee shall be entitled to not to exceed three days per year of bereavement leave, which may be taken upon the death of a spouse, sibling, or anyone bearing a relationship of lineal consanguinity to the employee.

(Ord. 250E §7, 1980: Ord. 250 §6.0825, 1977)

A regular employee shall be allowed such time off with pay as is required in connection with jury duty; provided, however, that payment shall be made for such time off only upon remittance of full jury fees, or upon submission of acceptable evidence that jury fees were waived. Such employee shall notify his appointing authority immediately upon receiving notice of jury duty. An employee who takes vacation or compensating time off while on jury duty shall not be required to remit or waive jury fees in order to receive his regular salary.

(Ord. 250 §6.083, 1977)

A. The county auditor is designated to administer the mandatory military absence provisions of the Military and Veterans Code, and to establish such rules and procedures as are necessary or expedient. The following provisions, which are essential to effective salary administration, are incorporated in the ordinance codified in this chapter, and are also delegated to the county auditor for administration.

B. A specific calendar period of military leave shall be established for each employee who is granted leave pursuant to the Military and Veterans Code. Such period of military leave shall include the ordered or expected period of active duty, and reasonable travel time connected therewith. An employee who does not return within the period of approved military leave shall be granted three months' additional military leave, and thereafter be terminated; provided, however, that an employee who is so terminated and who later requests to return to duty shall be granted any benefits and privileges which are required by the Military and Veterans Code.

1. An employee who is a member of the reserve corps of the armed forces, of the National Guard, or the Naval Militia, and who has one full year of continuous service immediately prededing the leave, and who takes temporary military leave of one hundred eighty days or less (including travel time) shall be maintained in his position and, upon his return to duty after the prescribed period of temporary leave, shall receive all vacation, sick leave, and benefits arising from seniority in the county and in his position which he would have accrued had he not been absent on military leave.

2. An employee who takes military leave other than as described in subsection B1 above, shall have the right, if released under other than dishonorable conditions, including while on terminal leave, to return to his former position within three months after termination of his active military service; provided, however, such right to return shall not be granted an employee who fails to return to duty within twelve months after the first date he could terminate or could cause to have terminated his active military service. Such employee shall receive no benefits for the period of his absence, except as provided in subsection B3 of this section, but following his return to duty, such employee shall resume accrual of all benefits as though he had not been absent on military leave.

3. An employee who has one full year of continuous service immediately prior to taking ordered military leave in accordance with subsection B1 or B2 above shall receive a payment equivalent to the salary he would have otherwise received for the first thirty calendar days of the military leave, upon submitting satisfactory evidence of military service. Only one such payment shall be made during any one period of ordered military service, and the total amount of such payments shall not exceed the equivalent of thirty calendar days' salary in any one fiscal year. For the purpose of determining the one year of continuous service with respect to subsection B1 above, all service in the recognized military service shall be counted.

C. Any employee who resigns to enter military service shall have the right to return to county employment within six months of the termination of his active military service; provided, however, such right to return shall not be granted an employee who fails to return to duty within twelve months after the first date he could terminate or cause to have terminated his active military service. The employee shall be entitled to such status as he would have if he had not resigned. In all other regards, he shall be treated as a new employee.

(Ord. 250 §6.084, 1977)

A. Any employee who is injured in the performance of assigned duties shall receive such medical examination, medical care, compensation, and other benefits as are awarded under the Workmen's Compensation Laws of California.

B. It shall be the mandatory duty of an employee to report to his department head any possible injury on the date of occurrence, or as soon thereafter as his condition permits. Failure to do so shall be considered cause for disciplinary action.

C. An employee who has suffered possible injury in the performance of assigned duties shall immediately undergo such medical examination as the department head deems necessary. He shall not be considered absent from duty during the time required for such examination.

D. If an employee is injured on the job, the appointing authority shall immediately notify the risk manager, and shall promptly provide such forms and other information which may be requested by the risk manager. Thereafter, the appointing authority shall provide such other services as may be requested by the risk manager in connection with the injury.

E. A regular employee who is unable to perform any appropriate work assignment because of disability incurred in the performance of assigned duties shall be entitled to the following disability leave benefits, in addition to those provided pursuant to the California Workmen's Compensation Insurance Act:

1. During any period of disability for which payment is not provided under Workmen's Compensation Insurance, the employee shall be placed on sick leave with pay to the extent of any leave with pay which he has accrued. Such sick leave with pay shall be charged against the employee's accrued sick leave with pay.

2. During any period of disability for which payment is provided under Workmen's Compensation Insurance, the employee shall receive compensation equal to the difference between his basic salary and the weekly compensation benefits received by him from the workers compensation insurance, up to the amount of his accumulated sick leave time, on the basis of a prorate charge to sick leave based on the difference between the employee's basic salary and benefits received from the workers compensation insurance. Such prorata charges to sick leave time will be made to the nearest one-fourth day.

F. Additonal disability leave with pay may be granted by the board to an employee disabled in the performance of assigned duties when, in the judgment of the board, the granting of such additional disability leave is deemed appropriate.

G. All disability leave provisions of this section shall terminate on the date of the employee's recovery from disability, receipt of permanent disability under Workmen's Compensation Insurance, retirement, termination from county employment, or death.

(Ord. 304 §1, 1993; Ord. 250-P (part), 1986; Ord. 250 §6.085, 1977)

The personnel officer shall establish and maintain a system of fingerprinting all applicants, as a condition of employment. Refusal on the part of the applicant to be finger-printed, or failure to report for fingerprinting, shall be cause for dismissal, and shall be sufficient cause for the personnel officer to refuse to certify the payroll for such an employee. Fees charged for fingerprinting shall be paid by the applicant.

(Ord. 250 §6.086(a), 1977)

A. Except as otherwise hereinafter provided, no person convicted of a felony or misdemeanor involving moral turpitude shall be eligible for employment by the county; provided, however, that the appointing authority may disregard such conviction if he finds and determines that mitigating circumstances exist, such as, but not limited to, evidence of rehabilitation, length of time elapsed since such conviction, the age of such person at the time of conviction, or the fact that the classification applied for is unrelated to such conviction.

B. The members of the board of supervisors, the sheriff, the district attorney, and all department heads are hereby authorized to have access to the State Summary Criminal History Information, as provided for in Section 11105 of the Penal Code of the state.

(Ord. 243 §§1 and 2, 1976)

The personnel officer may require a medical examination of any prospective employee, except emergency employees, for the purpose of ascertaining that the person, if employed, would not be a hazard to himself, other employees, or the public, and that the county would not assume unnecessary responsibility under existing laws for preexisting disabling conditions, and that the prospective employee is physically able to perform the duties of a particular position. The medical examination may be conducted by the appointed county physician without charge to the prospective employee.

(Ord. 250 §6.086(b), 1977)

A. In order to establish a harmonious and cooperative relationship between the county and its employees, and to keep open channels of communication, it shall be the county's policy to provide for the settlement of differences through an orderly grievance procedure. In addition, it is the county's policy to assure its employees the right of access to this procedure, free from interference, restraint, coercion or reprisal.

B. A grievance may be filed by an employee or group of employees on matters of management's interpretation, application, or lack of action on provisions contained in a memorandum of understanding, law, ordinance, resolution, regulation or rule which adversely affects the employee's wages, hours or conditions of employment.

C. Specifically excluded from the grievance procedure are subjects involving the adoptions of state or federal law; board of supervisors resolutions, ordinances, or minute orders and such other matters and activities which may be appealed by other means.

(Ord. 250-S §2(part), 1986)

A. The grievance procedure shall be controlled by the provisions provided herein. Each step of the grievance procedure shall be followed, except in cases where:

1. The management level addressed by the grievance procedure step is not found in the particular department where the grievance has been filed; or

2. The grieved item is not one which the particular management level has authority to resolve.

B. In cases involving the exceptions listed above, the grievance shall be forwarded from the immediate supervisor to the next appropriate level within the department. In all cases the grievance shall be presented in writing within the prescribed time periods and according to the procedures contained herein to the department head prior to presentation to the board of supervisors.

C. The grievance procedure steps shall be as follows:

1. Immediate Supervisors. If an employee or group of employees are adversely affected by a grievable item the employee(s) may request an informal meeting with the immediate supervisor within twenty working calendar days after the occurrence which gives rise to the grievance. The immediate supervisor shall meet with the employee(s) within ten days after the employee's request and informally discuss the grievance in an effort to clarify the issue and to cooperatively work toward a settlement. The immediate supervisor shall verbally present a decision to the employee(s) within ten days from the time of the informal discussion. In addition, the immediate supervisor shall provide the name and title of the individual who represents the next step in the grievance procedure.

2. Department Head. If the grievance is not settled under a foregoing step, the employee(s) may formally submit it to the department head. The grievance shall be submitted in writing within ten days after receipt of the decision at the previous step. The written grievance shall be submitted with the decision(s) of the previous step(s) along with a statement as to why the decision(s) is inappropriate. Within ten days after receiving the grievance, the department head shall meet with the employee(s). Within ten days thereafter, a written decision shall be delivered to the employee(s). The department head shall forward copies of all materials and decisions to the county counsel.

3. Grievance Panel. If the grievance is not settled at the department head level, the employee(s) may formally submit it to a designated county officer. The grievance shall be submitted in writing within ten days after receipt of the decision at the previous step. The written grievance shall be submitted with the written decision(s) of the department head along with a statement as to why the written decision(s) is inappropriate. Within ten days of receipt, the designated county officer shall contact the president of the appropriate county employees' association to establish a grievance panel. The grievance panel shall consist of the designated county officer, the president of the association, and a third person mutually agreed upon by the other two panel members. If the parties cannot agree on a third party, the California State Mediation and Conciliation Service will be requested to assign a mediator to serve as the third party. The designated county officer and the president of the association may authorize substitutes to replace them on the grievance panel if they so choose. The grievance panel shall establish such procedures as necessary to review the grievance. The grievance panel shall render a written decision regarding the grievance within thirty days following their review of the grievance, unless extended by mutual agreement of the grievance panel. The decision of the grievance panel shall be final and binding to the extent permitted by law. Either party to a grievance shall have the right to subpoena and crossexamine any witness.

4. Failure to meet any time line or specifically comply with any other requirement herein, constitutes a specific waiver and is a bar to further consideration of the grievance, unless otherwise mutually agreed. If the county fails to meet a time line, the grievance automatically goes to the next level.

(Ord. 250S §2(part), 1986)

A. An appointing authority may, for cause, impose discipline on an employee occupying a permanent position; providing, however, that all elected officials and department of social service employees are excluded from he disciplinary provisions of this chapter.

B. Employees may be disciplined for any cause including, but not limited to:

1. Omission or wilful misrepresentation of a material fact or other fraud in securing employment;

2. Incompetence;

3. Inefficiency;

4. Inexcusable neglect of duties;

5. Insubordination;

6. Dishonesty;

7. Improper use of drugs, including: drunkenness on duty; use of drugs while on duty; incapacitation for proper performance of duties by prior use of drugs. The term "drugs" means controlled substances as defined in Division 10 (commencing with Section 11000) of the California Health and Safety Code, and shall also mean alcohol;

8. Wilful disobedience;

9. Misuse of county property;

10. Inconsistent, incompatible or conflicting employment, activity or enterprise;

11. Violation of a departmental rule of county policy or regulation;

12. Neglect or wilful damage to public property or waste of supplies or equipment; or

13. Excessive absenteeism.

(Ord. 250S §2(part), 1986)

A. Major discipline shall include:

1. Suspension of more than five days;

2. Demotion, including salary step reductions;

3. Dismissal.

B. The following actions shall not be considered disciplinary actions:

1. Verbal reprimands;

2. Written reprimands;

3. Employee performance evaluations.

(Ord. 250S §2(part), 1986)

A. Reasonable care shall be used by those persons charged with the responsibility of investigating activities of alleged misconduct in order to insure, to the greatest extent possible, the confidentiality of the materials obtained. Pertinent aspects of the case shall only be discussed with those employee(s) involved and such other employees as deemed appropriate by the department head.

B. Department heads may place an employee on leave with pay while conducting an investigation. Leave with pay shall only be used in certain unusual and sensitive cases where the alleged violation is of such a nature that the operation of the county and the department would be better served with the employee away from the work site.

C. Department heads may request that a third party conduct an investigation where it can be demonstrated that the circumstances surrounding the particular case would so dictate. Third party investigators may be: A disinterested person who is not an employee of the department; a private investigator; a threemember administrative hearing panel; or the district attorney's office. The district attorney's office shall only be involved in those cases where alleged criminal activity is involved and that the district attorney's office deems appropriate for investigation.

D. The administrative hearing panel, if appropriate, shall consist of three members. One member shall be selected by the department head, one member by the employee involved, and one by the other members. Members selected to the administrative panel shall not be related to the employee, nor be a witness to, nor a party involved in, the alleged misconduct.

E. For peace officer employees, the county agrees to follow the procedures set forth in Government Code Section 3300 et seq.

(Ord. 250S §2(part), 1986)

A. The county recognizes the concept of progressive discipline, and it is understood that progressive discipline will be utilized whenever appropriate. When a department head intends to impose disciplinary action on a permanent employee, except those employees reporting directly to the board of supervisors or "at will" employees, that involves suspension of more than five days, demotion, or dismissal, the following procedures shall be followed:

1. The department head shall send a written notice to the district attorney along with supporting documentation of the alleged misconduct and/or violation(s) prior to any notification of the employee.

2. The district attorney shall review the materials submitted and, if necessary, meet with the department head regarding the proposed action.

3. The department head, after notification from the district attorney, shall issue a written notice of the proposed action to the employee which shall contain the following:

a. The employee's name and address;

b. Classification;

c. Proposed action;

d. The reason for such proposed action;

e. Copies of the charges and materials upon which the proposed action is based;

f. A notice that the employee has a right to respond to the charges, either orally or in writing, to the department head initiating the action;

g. The date and time by which the employee must respond to the charges in order that they may be considered before the proposed action is executed;

h. The date and time at which the proposed action is to take place.

4. After the date and time established for an employee to respond to the charges has passed, and the department head has duly considered the evidence provided, the department head may recommend to:

a. Follow through with the proposed action as stated;

b. Modify the proposed action;

c. Rescind the proposed action.

5. After completion of the review process as outlined above, a department head still wishing to impose a suspension, demotion, or dismissal shall request that the district attorney make an order in writing stating specifically the cause for such action. In addition, the department head shall forward to the district attorney any documents provided by the employee in response to the charges.

6. After receipt of the order issued by the district attorney, the department head shall immediately serve the order on the employee. If the employee is not available to be personally served, the order shall be sent by registered mail to the employee's last know mailing address. The department head shall also furnish a copy of the order to the auditor with the date the order was served and mailed.

B. The procedures outlined above shall be followed in imposing disciplinary action on "at will" employees reporting to department heads which involves suspension of more than five days or demotion. In cases involving dismissal, a notice that the services of the employee are no longer desired are all that shall be required. The dismissal shall take effect thirty days after the date the notice was issued.

C. Suspension for disciplinary purposes shall not exceed thirty days, nor shall a succession of suspensions exceed thirty days in any twoyear period.

D. The results of all disciplinary actions shall be placed in the employee's personnel file if discipline is sustained.

E. In certain unusual situations, it may in the best interests of the county and the department in which an alleged violation has occurred that an employee remain away from his/her work location while the procedures outlined above are being implemented. A department head may place an employee on leave with pay. Leave for this purpose shall only be granted on serious violations or when a thorough investigation of the events surrounding a violation is required.

F. The board of supervisors, by majority vote, may impose disciplinary action on employees reporting directly to them as they deem appropriate.

(Ord. 250S §2(part), 1986)

A. In cases involving written reprimands or adverse employee evaluations, the affected employee must follow the steps in Section 2.56.675 of the grievance procedure herein.

B. An employee serving an initial probationary period, occupying positions which report directly to the board of supervisors, or "at will" employees, shall have no rights of appeal of disciplinary actions.

C. Appeal Board. There is created the board of employee appeals for the county. Such appeal board shall be empowered to hear all appeals from employees against whom disciplinary action is taken under the foregoing. Such appeal board shall be composed of three members appointed by the board of supervisors to serve terms ending at twelve noon on the first Monday after January 1st of the oddnumbered year following their appointment. Members may be removed at any time by a fourfifths vote of the board of supervisors. The board of supervisors may appoint two alternate members to serve in place of regular members unable to attend. The term of these alternate members shall be the same as regular members. The appeal board shall elect one of its members as chairman and shall keep records and minutes of its proceedings. The county clerk shall be exofficio secretary to the appeal board.

D. Subpoena Power. The appeal board shall have the authority to subpoena and swear witnesses and may employ a competent reporter to record the proceedings of the hearing if, in its opinion, such a record is necessary. Any person failing to obey subpoena, or subpoena duces tecum, or to be sworn and testify, shall be deemed to be in contempt of the appeal board, and the appeal board shall have the power to take such proceedings and impose such punishment thereof, as may be taken by the board of supervisors pursuant to Title 3, Division 2, Part 2, Chapter 1, Article 9 (Sections 25170-25176) of the Government Code.

E. Request for Hearing. The employee acted against, may within ten workdays after service on him or mailing to him of the order, appeal through the county clerk to the appeal board from such order, which appeal shall be in writing. Such employee appealing from said order of dismissal shall within ten working days from the date of said order described in Section 2.56.686A6 present to the county clerk an answer, in writing, to the charges set forth in the order of dismissal. The county clerk shall forthwith transmit said order, appeal and answer to the appeal board for hearing. The appeal board shall, within fifteen working days from the filing of the appeal, commence the hearing thereof, and shall notify the interested parties of the time and place of hearing at least five working days in advance thereof. The time limits herein imposed may be extended by mutual consent of the parties.

F. Hearing. Upon such hearing, both the appealing employee and the department head whose action is reviewed shall be given an opportunity to present their cases by oral or written testimony either in person or by a representative. The hearing shall be informal and the appeal board shall not be bound by any of the rules of evidence governing trial procedure in state boards. The appeal board shall, within five working days and by written order supported by findings, either affirm, modify or revoke the order. A copy of the order and findings shall be transmitted forthwith to the board of supervisors, department head and appealing employee.

G. Extensions of Time. The appeal board, for good cause shown, may extend the time for doing any act authorized in this section for an additional period not to exceed ten calendar days.

H. Finality of Decision and Further Appeal. Decisions of the appeal board other than those providing for the employee's termination shall be final. Those decisions providing for termination shall be final upon the expiration of time allowed for requesting review by the board of supervisors, if such review is not requested, or upon board denial of review, as appropriate.

I. Appeal to the Board of Supervisors. If the decision of the appeal board provides for the employee's dismissal, within ten days after service of such decision upon the appealing employee either by personal service or by registered mail, he may file with the county clerk a written request for review by the board of supervisors setting out in detail the reasons why such board should accept such review. Appeal shall not be a matter of right, but shall be granted or denied as deemed appropriate by the board of supervisors. It is anticipated that the board will accept for review only those unusual decisions which, in the board's opinion, may constitute a gross miscarriage of justice either to the employee or the people of the county. The board of supervisors may, in its discretion, review the matter on the record or may require a full or partial hearing de novo and may reverse, affirm or modify the decision of the board of employee appeals. The decision of the board of supervisors shall be final.

J. If the final decision of the appeal board or board of supervisors revokes an order of discharge, suspension or reduction in rank, the appealing employee must be restored forthwith to his position prior to the order with all rights and privileges pertaining thereto, including those accruing since the order, and full back pay for the time lost unless otherwise provided in the order.

(Ord. 250-S §2(part), 1986)