Napa County Municipal Code Art. III Terms of Employment

The conditions set forth in this chapter shall apply to all employees in the classified service of the county and, unless otherwise provided, to all employees in the nonclassified service.

(Ord. 985 § 1 (part), 1991: prior code § 2025)

A. Appointments will be made only when a bona fide vacancy exists in the departmental allocation list and when funds have been provided in the department budget for such a position.

B. Employees shall be required to submit to fingerprinting as provided in Section 2.100.181.

C. Employees filling classes which are subject to OCCU-MED medical standards with the county in a budgeted position as established in the position allocation list shall undergo a physical examination at the expense of the county.

D. Civil defense, other than emergency work in connection with floods and fires, is a part of the duties and responsibilities of all officers and employees and is not to be considered an addition to regular and normal duties and shall not be compensated for as extra work or overtime. Preparation and training for services in a time of disaster or emergency is by law a function of all officers and employees.

E. If an employee is absent from the workplace due to a personal or industrial illness, injury, or disability and, the director of human resources, the county executive officer, and the department head determine that it is necessary to appoint an employee to fill that position, the Director of Human Resources has the authority to create a new limited term position for up to one year to ensure continuity of services.

F. If the director of human resources, the county executive officer, and the department head all determine that there is a compelling reason that a future retiree train their replacement prior to that employee's retirement date, the director of human resources has the authority to create a new limited term position for up to six months to provide that training.

(Ord. 1215 § 1, 2003: Ord. 985 § 1 (part), 1991: prior code § 2026; Ord. No. 1480, § 1, Exh. A, 2-28-2023)

A. Fingerprints of new employees and certain categories of current employees of the county shall be taken as a condition of county employment as permitted by Penal Code Sections 11105(b)(11) and 11105.3. Those persons who are required to submit to fingerprinting as a condition of employment include the following:

1. New employees (including regular and extra help employees and interns and volunteers); and

2. All personnel hired after July 1, 1975, having access to criminal offender record information, as required by the California Department of Justice and 11 California Code of Regulations Section 703(d).

B. In addition to submitting to fingerprinting, certain positions require Federal Bureau of Investigation ("FBI") background checks. Those persons required to submit to an FBI background check shall include:

1. New employees and current employees (including regular and extra help employees and interns and volunteers), who serve in or are transferred, demoted, or promoted into a classification, where the employees or contractors would care for or would have supervisory or disciplinary power over minors, the elderly, the handicapped, or the mentally impaired as provided in Penal Code Section 11105.3. The positions that require fingerprinting and FBI background checks pursuant to this section are described in Section 37Y of the Policy Manual. However, background checks on this category of individuals shall be limited to those records of convictions specified in Penal Code Section 11105.3, as that statute may be amended from time to time. Such persons shall not be allowed to work in positions where they will care for or have supervisory or disciplinary power over minors, the elderly, the handicapped, or the mentally impaired until a background check has been completed and the human resources director or the director of human resources designee has approved the individual for the particular job after consideration of any criminal offender record information; and

2. Current employees (including regular and extra help employees and interns and volunteers) having direct access to criminal offender record information, including custodians and maintenance workers assigned to the sheriff, probation, and district attorney departments; and

3. New employees and current employees (including regular and extra help employees and interns and volunteers), who serve in or are transferred, demoted, or promoted into a classification that includes access to federal tax information ("FTI"). FTI includes tax returns or return information received directly from the IRS or obtained through an authorized secondary source. The positions that require fingerprinting and FBI background checks and a renewal of an FBI background check every five years pursuant to this section.

C. Fingerprints shall be taken by the sheriff's department prior to the person receiving payment for performance of duties, or as soon thereafter as practicable.

D. Except as hereinafter provided, no person who has been convicted of any crime which renders the person unsuitable for a position in a classification shall be eligible for employment in that classification; provided, however, that the director of Human resources and/or the appointing authority may disregard such conviction if the director of Human resources and/or the appointing authority determines that mitigating circumstances exist, such as, but not limited to, evidence of rehabilitation, the length of time that has elapsed since such conviction, the age of the person at the time of the conviction, or that the conviction is not reasonably related to qualifications, duties or functions of the classification in question.

E. The director of human resources, or the director of human resources designee, is hereby appointed to be the records security officer, and shall, in consultation with county counsel, adopt policies and procedures for the safeguarding of criminal offender record information (also known as state summary criminal history information).

F. The county executive officer, the director of Human resources, the sheriff, and the county counsel, their respective designees, and each appointing authority of the county, are hereby authorized to have access on a need-to-know basis to information from the state summary criminal history information as provided for in Sections 11105 and 11105.3 of the California Penal Code so long as they each have a fingerprint clearance record/background check completed.

G. No one shall be shown a copy of the state summary criminal history information unless authorized by the director of Human resources or the director of human resources designee. A record of said authorization shall be maintained by the human resources division.

H. All state summary criminal history information shall be destroyed once a decision is made on whether an individual will be employed in a particular position with the county. Such destruction shall occur not later than thirty working days from the date that such decision is made, unless authorized by law or court order to be retained for a longer period of time.

(Ord. 1317 §1, 2009: Ord. 1215 § 2, 2003)

(Ord. No. 1439, § 1, 5-17-2019; Ord. No. 1494, § 1, 9-24-2024)

A. Every person who has not previously been employed by the county, and any person who has severed his connection with the county in any manner, other than by leave of absence without pay, shall be deemed to be a new employee.

B. Except as otherwise provided in this article, new employees shall be appointed at the starting step of the salary range in effect for the particular class of position to which the appointment is made. Provided further, that where a person, because of past experience in the classification or otherwise, is deemed by the department head entitled to a commensurately higher step, such person may be so employed on recommendation of the personnel director with the approval of the county administrator.

(Ord. 1135 § 1, 1998: Ord. 985 § 1 (part), 1991: prior code § 2027)

A. Except for elected officers and as otherwise provided in this chapter, the compensation designated herein for county employees listed in the classified service is predicated upon the performance of a minimum forty hours per week. However, the compensation designated also includes such additional work hours deemed necessary by appointing authorities for proper discharge of the duties and responsibilities for the position.

B. The workweek for employees at the county airport will be as established by the airport manager and contingent upon seasonal requirements and a seven-day-per-week operation.

(Ord. 985 § 1 (part), 1991: prior code § 2028)

A. Notwithstanding the provisions of any other section of this code, employees of the county, designated by the board as management personnel, may accumulate earned vacation up to the maximum rate provided in the county of Napa management compensation plan (hereinafter referred to as "the plan"), measured as of the anniversary date of said employee.

B. Management personnel, for the purposes of this section, shall be those individuals identified by the board in Attachment No. 1 to the Napa County Employer-Employee Relations Policy, as said policy may from time to time be amended by resolution of said board.

C. Any management personnel separating from county service shall be entitled to payment, in lieu of earned vacation, a sum equal to the lesser of the employee's accrued vacation leave or the maximum number of hours that may be accumulated pursuant to the management compensation plan, times the employee's current hourly rate of pay.

(Ord. 1218 § 2, 2003: Ord. 985 § 1 (part), 1991: prior code § 2029)

Whenever full, part, or any maintenance is furnished to an employee, an amount equal to the value of the maintenance determined by resolution of the board of supervisors shall be deducted from the compensation paid such employee.

(Ord. 985 § 1 (part), 1991: prior code § 2030)

A. Subject to such regulations as may be prescribed by the board of supervisors, the personnel director shall be authorized to engage professional medical arts services on behalf of employees, and to initiate claims for payment as need therefor may, from time to time, require. Such services may include, but shall not be limited to, examinations, diagnostic evaluations and treatment.

B. The personnel director shall be authorized to engage professional medical arts services on behalf of current or prospective employees when he deems it appropriate for the purpose of pre-employment or return-to-work physical examinations, or for any other medical certification purpose in relation to county personnel.

C. Claims for professional services rendered pursuant to this section shall constitute a proper county charge and shall be processed in the manner of claims against the county generally, following approval by the personnel director.

(Ord. 985 § 1 (part), 1991: prior code § 2031)

When an employee is involved in a matter which requires an investigation, or if it is in the county's best interest, a department head may place an employee on an administrative leave of absence with pay for up to three workdays. In granting such leave, the department head or their designated representative shall seek prior approval from the human resources division. The director of human resources or their designee, may grant additional leave of absence with pay of up to sixty workdays. At the end of sixty-three days, the county executive officer or their designated representative may for good cause grant up to an additional thirty days of leave of absence with pay, at the director of human resources' request. Any further extension of such leave shall require the approval of the board of supervisors.

(Ord. 1257 § 1, 2005: Ord. 1016 § 1, 1992: prior code § 2032;Ord. No. 1489, § I, 4-23-2024)