Riverside County Municipal Code Ch. 3.04 Salary Ordinance

This chapter shall be known as "The Riverside County Salary Ordinance". For the purpose of this chapter, words and phrases are defined as follows:

"Appointed officers" shall mean the persons appointed or employed by the board of supervisors or otherwise as the principal employee of a department or agency in the county government, or of the Riverside County Flood Control and Water Conservation District or the Riverside County Regional Park and Open-Space District, which districts for the purposes of this chapter and resolutions hereunder shall be deemed the equivalent of departments of the county government, except that references in this chapter or said resolutions to the county shall mean such districts when the context so requires.

"County officers" shall mean the officers designated as such by or pursuant to the law of the State of California.

"Demotion" shall mean a change of employment without intervening loss of working days from a position allocated to a given salary plan and grade to a position of a different class allocated to a lower plan and grade, whether in the same or a different department.

"Employees" shall mean all persons employed by the County of Riverside or the Riverside County Flood Control and Water Conservation District, or the Riverside County Regional Park and Open-Space District, other than officers.

"Full time employee" shall mean employees whose positions require the number of hours usual or prescribed for normal permanent county employment. All positions shall be full time unless otherwise designated or unless the compensation is fixed upon the basis of part time work.

"Holiday" or "paid holiday" shall mean any day on which county offices are not open for business, in accordance with county ordinance, other than Saturday or Sunday.

"Officers" shall mean all "county officers", and "appointed officers" as herein defined, except where the natural construction of this chapter otherwise indicates: "Officer" is the equivalent of "agency/department head".

"Part time employees" shall mean employees in positions which are designated part time or for which compensation is fixed upon a basis of part time work.

"Pay period" shall mean fourteen (14) calendar days from Thursday (starting at midnight) through and including the second Wednesday thereafter, and refers to the period for computing compensation due for all normal working shifts ending during that period.

"Permanent employee" shall mean a regular or seasonal employee who has completed the initial probationary period in a position, not including any incumbent of an at-will position.

"Physician", and designations of other positions herein which require a license to practice medicine or surgery, including specialties, shall mean and be equivalent to the designation of county physician as used in state law.

"Position" shall mean any office or employment to which a group of duties and responsibilities are assigned or delegated by competent authority, the performance of which requires the full time or part time employment of one person unless permission is granted for job sharing.

"Probationary employee" shall mean a regular or seasonal employee who has not completed:

1. The required initial probationary period in a paid status in a position following initial employment; or

2. The required probationary period in a paid status in a position to which he/she has been promoted, transferred, or demoted following completion of the initial probationary period.

"Promotion" shall mean a change of employment without intervening loss of working days from a position allocated to a given salary plan and grade to a position of a different class allocated to a higher grade whether in the same or different agency/department. The appointment of an employee to a position allocated to a higher salary plan and grade because of professional registration achieved by the incumbent shall not be deemed a promotion but a change in salary allocation.

"Reclassification" shall mean the reallocation of an incumbent within a filled position to a different class by a change of title and class specification, but does not necessarily involve a change of the salary plan and/or grade.

"Regular employee" shall mean a holder of a regular position.

"Regular position" shall mean a position established by this chapter on an ongoing basis, as distinct from a seasonal or a temporary position.

"Retire", "retired", and "retirement" shall mean receiving a pension through the California Public Employee Retirement System (CalPERS) pursuant to the California Public Employees' Retirement Law (California Government Code (Title 2, Division 5)).

"Seasonal employees" shall mean employees whose employment is not continuous but is regularly recurrent in the same capacity because of particular functions which occur periodically each year; such employment may be permanent, but of an intermittent nature.

"Temporary employee" shall mean an employee who is not a regular or seasonal employee.

"Transfer" shall mean a change of employment without intervening loss of working days from a position allocated to a given salary plan and grade to a position of a different class allocated to the same grade in the same agency/department, or to a position of the same class, or a different class allocated to the same grade, in a different agency/department.

"Working day" means each day on which an employee performs a normal working shift, and including holidays as specified herein which fall on days of his or her normal working shift.

(Ord. No. 440.1761, § 2, 9-15-2015; Ord. No. 440.1762, § 1, 1-5-2016; Ord. No. 440.1765, § 1, 5-11-2021; Ord. No. 440.1767, § 1, 12-12-2023; Ord. No. 440.1768, § 1, 1-14-2025; Ord. No. 440.1769, § 1, 7-1-25; Ord. No. 440.1770, § 1, 11-4-25)

A. The various officers are hereby allowed assistants, deputies, and employees, to be appointed or employed in the manner and to the extent as provided in this chapter and by law.

B. The powers and duties of officers shall be such as are provided by or pursuant to the law of the State and ordinances of the County of Riverside. Appointive officers shall also have such additional powers and duties as may lawfully be delegated to them by the board of supervisors.

C. All employees shall have and exercise such powers and perform such duties as may be directed by the respective officers under whose direction they work, subject to the provisions of this chapter.

D. The conditions of employment specified in this chapter shall apply to all officers and employees except as otherwise provided by law or any applicable memorandum of understanding between the county and a recognized employee organization (herein "MOU"). One or more of such conditions may be varied as to Resident Physicians and Surgeons and Pharmacist Resident at the Riverside University Health System - Medical Center (RUHS - MC) by resolution of the board of supervisors.

E. In the absence or incapacity of the sheriff, the undersheriff will command the department, followed by the assistant sheriff assigned to patrol and investigations, followed by the assistant sheriff assigned to court services/corrections, followed by the assistant sheriff assigned to administration/support services.

F. After an agency/department head has been continuously absent as the result of illness, injury, or leave of absence for more than twenty (20) working days, the assistant agency/department head, or if there is none, the senior employee next in authority, if he/she possesses any required license, shall automatically assume the designation as acting agency/department head, unless the board of supervisors appoints another person as acting agency/department head. This shall be deemed a temporary promotion. If the position of agency/department head becomes vacant, or in any case not covered by the foregoing provision, the Board of Supervisors shall designate the acting agency/department head, which shall be a temporary promotion.

When the absence ceases or the vacancy is filled, the temporarily promoted employee shall return to his/her regular position, and his/her regular salary plan and grade and anniversary date shall be re-determined as if the temporary promotion had not occurred. Any merit increases which would have been due in his/her regular position shall be allowed.

G. Except as otherwise provided by law every officer shall be a citizen of the United States.

H. When in the judgment of the board of supervisors it becomes necessary or desirable to use the services of an employee within the same agency/department in a capacity other than that for which he/she is regularly employed, the board of supervisors may by resolution authorize such additional employment, fix any conditions, and provide for the rate of pay. Such additional employment shall not be included in computing vacation, sick leave, or similar benefits; or eligibility for a merit increase.

I. Employment of relatives. No officer shall appoint his or her spouse, or the spouse of any officer superior to himself/herself, in any capacity for compensation and no such spouse shall be eligible for appointment to or continued employment in the same position of any such person who succeeded thereto pursuant to any provision of law. Continued employment shall be deemed to include promotion, demotion, or transfer, if such employee is otherwise qualified.

Except as otherwise provided herein, no person shall be denied the opportunity for employment or continued employment because such person is related to any person presently employed by the County of Riverside. In no instance, shall a county officer or employee be within the chain of command or span of control (i.e. execute supervision over or initiate or participate in decisions (including but not limited to initial employment, retention, evaluation, promotion, or work assignments)) specifically pertaining to another county employee who is related within the first degree of consanguinity whether by blood or marriage or any familial relationship that management determines may lead to conflict. Familial relationship shall include, but is not limited to, spouse, father, mother, brother, sister, son, daughter, son-in-law, daughter-in-law, father-in-law, mother-in-law, brother-in-law, sister-in-law, grandparent, or the equivalent relationships through a lawfully registered domestic partnership.

Should such relationship occur, the employee(s) may promote, voluntarily demote, or will be transferred to position(s) which the employee is eligible and selected to fill. The promotion, transfer, or voluntary demotion must be accomplished within six months.

J. The Executive Director, Salton Sea Authority and the Executive Secretary for the Salton Sea Authority shall be appointed by the Board of Directors of the Salton Sea Authority and shall serve at the pleasure and will of the board of directors. Prior to appointment, the County of Riverside Human Resources Director shall obtain written acknowledgment from the prospective appointee(s) acknowledging his or her understanding of such at-will status. Any person appointed to either of these positions may be terminated from service at any time, by the Board of Directors of the Salton Sea Authority, without notice, cause, or rights of appeal. The Board of Directors of the Salton Sea Authority shall by employment agreement determine the compensation, benefits, and conditions of employment for the Executive Director, Salton Sea Authority.

(Ord. No. 440.1761, § 2, 9-15-2015; Ord. No. 440.1762, § 2, 1-5-2016; Ord. No. 440.1765, § 2, 5-11-2021; Ord. No. 440.1767, § 2, 12-12-2023; Ord. No. 440.1768, § 2, 1-14-2025; Ord. No. 440.1769, § 2, 7-1-25; Ord. No. 440.1770, § 2, 11-4-25)

A. Adoption and amendment.

1. Class specifications. Unless otherwise ordered by the board of supervisors, the human resources director may adopt and from time to time amend a classification plan which shall consist of a separate class specification containing the title, general statement of duties, typical tasks, and minimum qualifications, for each class of position other than county officers. Each new or revised class specification shall be approved by the human resources director.

2. Maintenance of the plan. The classification plan shall be maintained in a current condition by the human resources director and the classification plan shall be made available in a format readily accessible by county agency/departments.

3. Classification studies. The human resources director shall have the responsibility for recommending changes in the classification plan to keep the same currently in a condition to meet the needs of the county and its agency/departments. From time to time the human resources director may, and upon order of the board of supervisors shall, initiate classification studies of the various positions and class specifications, their relation to the salary plan, and related matters, and make appropriate recommendations to the board of supervisors for amendment of the classification plan, this chapter and resolutions, orders and regulations made pursuant thereto. The human resources director shall have the primary responsibility for preparation of class specifications.

4. Approval of new classes and reclassification. The board of supervisors shall approve the establishment of any new classes, on the recommendation of the human resources director. The human resources director may inactivate from the class and salary listing, without board of supervisors' approval, classes which are no longer allocated to agencies or departments and not in current use. Reclassification to an existing class and exchanges of positions shall not require board of supervisors approval however, shall require the approval of the human resources director and the county executive officer. As an outcome of a classification study or review, the human resources director, with the concurrence of the affected agency/department head, may reclassify positions which warrant a change to an existing job class, when no additional funding is required. This action shall be sufficient to authorize promotion or demotion through reclassification of the incumbents of the positions, on the request of the agency/department head.

B. Conformance to plan.

1. Requirement for class specification. No person shall be employed in or appointed to any regular or seasonal position until the class specification for such position exists within the classification plan.

2. Minimum qualifications. No person shall be employed in or appointed to any regular or seasonal position unless said person meets the minimum qualifications set forth in the class specification except as otherwise provided in this section. No person shall be employed in or appointed to any temporary position unless said person meets the minimum qualifications set forth in the class specification, unless the human resources director shall certify that there is no qualified person available for the temporary position.

3. Underfilling a position. An underfill shall mean a classification within the same class series, generally the journey level classification within a promotional growth series. This action may be required when filling a position with an individual who currently qualifies for a lower level in the same class series. When any regular or seasonal position has been funded in a(n) agency/department, the position may be filled in a job class of the same class series as if it were a position in the same or lower paid job class.

At a later date, the position may be filled in the originally funded job class, provided the following conditions are met:

a. The employee must meet the established minimum qualifications and is satisfactorily and substantially performing the duties of the higher class.

b. The originally funded class is the journey level and the underfill is a lower level in the same class series, in the same representation unit and job classes in the series are not separately allocated.

c. There is no increase in the number of positions allowed for the classes involved.

C. Class and salary listing.

1. Design of listing. The class and salary listing, by this reference made a part hereof, contains a list, by titles, of all classes of positions in the classification plan, each preceded by a job code number which is assigned for numerical reference, and followed by the salary plan and grade or other basis of compensation which applies to the class.

The human resources director may include in the publication of the class and salary listing other reference information by class, such as the designated union code or salary.

2. Amendments to the appendices impacting the class and salary listing. The following Appendices: Appendix I, relating to overtime; Appendix II, At-Will classifications; and Appendix III, classifications eligible for the executive vehicle benefit, may be amended by resolution of the board of supervisors and shall be effective on the first day of the first full pay period following board adoption, unless a different date is established by the board.

3. Technical title changes and additions. The human resources director may change the title of a class of positions as listed in the class and salary listing, without changing the job code number or salary, when an occupational title change is warranted because of technical or programmatic developments. These changes shall be effective on the first day of the first full pay period following approval.

4. Classification duplication. The human resources director may administratively duplicate an existing class (including for a separate program or district position) when necessary to preserve benefits that have been lawfully afforded to an employee group. The duplicated classification shall only differ from the existing classification by minimal modification of the following factors: Title, class concept, essential duties, and recruiting guidelines. The duplicated classification shall be in accordance with the program area of the requesting department, and assigned a separate job code. Included in the provision of this authority is the ability of the waste management department to fill a position in either a generic class or district class when needed to accommodate an employee whose benefits have been "grandfathered" under an earlier district arrangement. The salary of the duplicated class in the class and salary listing shall be equivalent to the existing class, allowing, however, for a different salary plan and grade appropriate to the representation unit. It is not the intent of this provision to duplicate an existing classification solely based on salary and/or at-will status.

Whenever an administrative change or inactivation of a class is made by the human resources director, or by resolution of the board of supervisors, the change shall also operate with respect to the listing of the class in Appendix I, II, or III, in the class specification, in any applicable MOU, and/or in any applicable resolution of the board of supervisors.

Any or all sections of this chapter, its appendices, and any personnel related supplements may be published by the human resources director to include the technical changes authorized by this subsection, without separate board of supervisors' action.

(Ord. No. 440.1761, § 3, 9-15-2015; Ord. No. 440.1762, § 3, 1-5-2016; Ord. No. 440.1765, § 3, 5-11-2021; Ord. No. 440.1767, § 3, 12-12-2023; Ord. No. 440.1768, § 3, 1-14-2025; Ord. No. 440.1769, § 2, 7-1-25; Ord. No. 440.1770, § 2, 11-4-25)

A. Authorized positions.

1. Position control. No person shall be appointed to a position in any agency/department until the position has been allowed. The number of positions allowed to be filled in each agency/department shall be allocated by job class and employment type (e.g., regular, seasonal, temporary, or per diem) in the approved agency/department budget. The human resources director shall maintain the official count of positions, which may be allowed when approved by the board of supervisors in the agency/department's final budget, or by resolution of the board of supervisors. A resolution concerning the number of allowed positions shall be effective on the date of its adoption unless a different date is set by the resolution.

2. Change in allocated positions. The human resources director may adjust the number of positions allocated to a(n) agency/department, without board of supervisors action, when no additional funding is required. The request would require a detailed statement of the reason and need for a new position(s), a justification of the reason for the specific classifications requested and an affirmative statement signed by the agency/department head that no additional county appropriations would be required to sustain the requested position(s) in the current and following fiscal year. Agency/departments requesting a change in the number of positions during the fiscal year, without a change in funding, may request the change using the format prescribed by the human resources director.

Other changes in the number of positions, those requiring additional funding, may be requested by agency/department heads via Form 11 submitted to the board of supervisors. Such requests shall contain the job code, job title, and agency/department number of the requested position.

B. Part time and job sharing.

1. Part-time positions. When any full-time regular position has been established or allowed in any agency/department by or pursuant to this chapter, and in the opinion of the agency/department head only a part time employee is needed to perform the work, the position may be filled by a part time employee. A regular part time employee shall be scheduled to work in each pay period a minimum of one-half the number of hours prescribed for full time normal permanent county employment.

2. Job sharing. Notwithstanding any provisions of this chapter to the contrary, the human resources director may authorize that two part time employees job share one regular position, provided that each employee is scheduled to work in each pay period one-half the number of hours prescribed for full time normal permanent county employment.

C. Companion positions.

1. Advance replacement of terminating employee. An agency/department head, with prior approval of the human resources director, may fill a regular position with a replacement up to thirty (30) calendar days in advance of a terminating employee. Under exceptional circumstances, the position to be vacated may be filled with a replacement for up to an additional sixty (60) calendar days with the prior approval of the human resources director. On approval, there shall be automatically established in the agency/department, an additional position of the same class which shall be automatically abolished on the effective date of said termination.

2. Companion position during unpaid leave. When an employee is authorized a leave of absence without pay for a period in excess of twenty (20) working days, his/her position shall not be filled during such absence. On the agency/department head's request, a temporary companion position of the same class shall be allowed to the agency/department, only for the duration of the approved leave. If a regular employee is placed in such temporary position, he/she shall be entitled to the same benefits as if the position were a regular position. The agency/department head shall promptly inform the human resources director of the adding of the companion position, and of its deletion upon the return to work or separation of the absent employee. The format provided by the human resources director shall be used for this purpose.

3. Companion position during paid leave. When an employee is absent on authorized paid leave as above, a companion position may be allowed with the prior approval of the human resources director.

(Ord. No. 440.1761, § 4, 9-15-2015; Ord. No. 440.1762, § 4, 1-5-2016; Ord. No. 440.1765, § 4, 5-11-2021; Ord. No. 440.1767, § 4, 12-12-2023; Ord. No. 440.1768, § 4, 1-14-2025; Ord. No. 440.1769, § 4, 7-1-25; Ord. No. 440.1770, § 4, 11-4-25)

A. The human resources administration under this chapter is designated a local merit system except as otherwise provided herein. Appointments and promotions shall be made on the basis of merit and ability. Each officer shall appoint all necessary employees allowed for his or her agency/department by this chapter only from among persons certified to him/her by the human resources director as eligible for the respective positions. The human resources director shall determine the methods of evaluating the qualifications of applicants. The methods shall be practical in nature and may involve any combination of written test; oral test; performance test rating of education, training and experience; and shall take into consideration a system of veterans' preference as may be adopted by the board of supervisors by resolution. The veterans' preference program shall be administered by the human resources director. County officers and classifications identified in Appendix II of Ord. No. 440.1770 are exempt from the merit system, rather the appropriate county officer(s) may appoint qualified candidates to these classifications.

B. Employees may participate in county employment selection processes on county time, so long as it does not interfere with the discharge of their duties or agency/department operations.

C. Request for referral of applicants and appointments shall be made in writing on forms prescribed and furnished by the human resources director. Appointment forms duly executed shall be filed with the human resources director.

D. In the event of transfer, promotion, demotion, or reclassification of a regular or seasonal employee an appointment shall be filed as for a new employee but no termination of the preceding employment shall be necessary.

E. When an employee is separated from county employment written termination of employment signed by the employing officer shall be promptly filed with the human resources director, who shall notify or file copies thereof with other appropriate offices. Forms for this purpose shall be provided by the human resources director and shall be completely filled out, giving the date of termination and the reason therefore. A termination of employment shall automatically terminate a separate appointment as a deputy.

F. The human resources director shall arrange for a background check and physical examination; cause the oath of office or affirmation to be administered as required by the Constitution of California; and cause other necessary records to be completed, executed, and filed with the appropriate offices.

G. The board of supervisors shall adopt medical standards which shall be applied in determining the physical qualifications for employment. Every person initially employed or re-employed in a regular, seasonal, or temporary position within a designated Group I or II Medical Class under such standards, shall undergo a physical examination at the county's expense prior to the commencement of employment. The human resources director may, when indicated, require that candidates within a designated Group III Medical Class undergo medical history, physical evaluation, and/or a physical examination at the county's expense prior to the commencement of employment. On the basis of the record and report, the human resources director shall determine whether the applicant is physically qualified for the employment, which determination may be conditional, and the agency/department head shall be notified.

H. The human resources director shall arrange for the candidate for employment to report to such physician as the human resources director may designate, with a written request for physical examination. The physician shall make the examination and promptly submit to the human resources director a detailed written report thereof, together with his or her determination as to whether or not the employee is physically qualified for the position in accordance with the standards adopted by the board of supervisors. To the extent permitted by state and/or federal law the record of such examination may be examined and a copy made by the hiring officer, the county health officer, the district attorney, the county counsel, the employee or his or her representative authorized in writing, and the authorized representative of any insurance carrier of the county, in any matter in which the county's interest is involved. The record shall be retained by the human resources director, who may require a complete or partial re-examination as may be necessary from time to time or upon a change of work assignment of the employee.

I. Employees to be employed in security or sensitive positions as designated by the human resources director and all prospective employees shall undergo a background check prior to employment. The human resources director shall make the necessary arrangements for conducting the background check. When the results are received, the human resources director shall inform the hiring officer of the contents thereof.

J. The requirements of this chapter for a background check or physical examination or both may be waived by the human resources director for any employee in a regular position, the compensation for which is fixed on an hourly or piecework basis, if the employment is intermittent or occasional in character and not on a full-time basis.

K. Any employee, upon the request of the human resources director or a delegate, shall undergo a further physical examination at any time, upon the same conditions as his or her initial examination. Such subsequent examinations shall not be given routinely but only for reasons which in the opinion of the human resources director shall justify the expense thereof to the county.

L. Any county officer may deputize an employee by separate written appointment as deputy filed with the human resources director, and any county officer may likewise appoint as many unpaid deputies as are necessary or convenient for the performance of his or her duties; provided any employee holding a regular position the title of which describes the position as deputy or assistant to a county officer shall be a deputy without a separate appointment as such. The constitutional oaths and appointments as deputies filed with the human resources director shall be deemed filed with the county clerk, who shall at all times have access thereto. This provision shall not apply as to oaths of office for county officers required by law to be filed with the county clerk.

M. Records of employees kept by the human resources director are confidential and shall not be open to public inspection, except as may be required by state or federal law. They may be examined by county officials having an interest therein as a matter of official duty, and information therefrom may be released by the human resources director at his or her discretion in accordance with usual and customary procedures.

(Ord. No. 440.1761, § 5, 9-15-2015; Ord. No. 440.1762, § 5, 1-5-2016; Ord. No. 440.1765, § 5, 5-11-2021; Ord. No. 440.1767, § 5, 12-12-2023; Ord. No. 440.1768, § 5, 1-14-2025; Ord. No. 440.1769, § 5, 7-1-25; Ord. No. 440.1770, § 5, 11-4-25)

A. Basis of compensation.

1. Full compensation. The compensation of each officer and employee as fixed in this chapter and otherwise by board of supervisors' approval, shall be full compensation for the services required of him or her by law or by virtue of his or her office or employment. Except as otherwise specifically provided by law or ordinance, all fees, commissions, and mileage allowed to or received by any officer, his/her deputy, assistant, or employee from a third party by virtue of his/her office or position or the performance of any function thereof, shall be the property of the county and shall be deposited in the county treasury not later than the fifth day of the month following its receipt.

2. Non-acceptance of gratuities. Whether on duty or off duty, no employee or officer shall accept any gift or favorable treatment which could reasonably be perceived as potentially influencing any decision or action of the officer or employee in his or her official capacity, or any decision or action of the county agency/department which he or she represents.

3. Devoting time to county business. Every officer and employee holding a full-time position shall devote his or her full time to county business and shall not engage in private activities for profit during his or her working hours. This provision shall not apply to hospital based physicians and surgeons, who shall be permitted to attend to private patients at the Riverside University Health System - Medical Center in accordance with terms fixed by the board of supervisors.

4. Absence without pay. Unauthorized absence from duty shall be without pay and accounted for as absence without pay ("AWOP"). An employee who plans to take time off may be allowed approved AWOP when an appropriate leave balance is not available, but when an appropriate leave balance is available, may not be allowed approved AWOP, except in the case of military leave or a furlough program approved by the board of supervisors.

5. Pay and records adjustments. The human resources director may cause benefits and records of service to be corrected and approve payment of claims in the resolution of grievances and disciplinary matters concerning amounts owed to employees for work performed.

B. Attendance records and reports. Each officer shall keep an accurate and current record of the attendance, absences, and status of employees, including sick leave and vacation accrued and allowed, and related matters. Each officer shall report on forms provided by the auditor-controller following the completion of each pay period as to the attendance of each employee in his or her agency/department, listing all absences and such other information as may be required. Such other reports concerning employees shall be made as the auditor-controller and human resources director may require. From such reports, the auditor-controller and human resources director shall maintain a record for each employee, including vacation and sick leave, accrued and allowed, payroll status, anniversary dates, and similar data. From such reports and records the compensation due each officer and employee shall be determined.

C. Payment.

1. The county auditor-controller shall distribute the salary warrants no later than the second Wednesday following the end of a pay period. Terminated employees shall be paid on the regular payday for the pay period during which they were terminated. [1]

2. An officer shall not be paid until he/she has submitted the attendance reports required by or pursuant to this chapter and such other reports or documents as are required by law.

3. No officer or employee whose employment is terminated shall be entitled to receive the compensation then due him/her unless and until he/she has paid over or delivered to the appropriate officer of the county all county funds and property in his or her possession or control and any other funds or property held by him/her in his or her official capacity and has properly accounted therefore, or has been lawfully relieved of the obligation to do said acts.

(Ord. No. 440.1761, § 6, 9-15-2015; Ord. No. 440.1762, § 6, 1-5-2016; Ord. No. 440.1765, § 6, 5-11-2021; Ord. No. 440.1767, § 6, 12-12-2023; Ord. No. 440.1768, § 6, 1-14-2025; Ord. No. 440.1769, § 6, 7-1-25; Ord. No. 440.1770, § 6, 11-4-25)

Footnotes:

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The County is exempt from Section 201 of the CA Labor Code which requires immediate payment on termination (see § 220).

A. Subject to any applicable board of supervisors' policy, a voluntary furlough may be granted to employees who desire to assist their agency/department in coping with budgetary constraints.

B. An agency/department head whose current or projected funding level for any budget organization within the agency/department, which in the opinion of the executive office, will not sustain the current agency/department staffing level, may advise employees of the entire agency/department that they are eligible for voluntary furloughs. A simple announcement and/or posting or printing of the furlough provisions shall be the limit of such publication by the agency/department, without any promotional campaign or pressure on employees to participate. In agencies/departments which are not identified by the executive office as constrained in budget to an extent to warrant voluntary furloughs, the employees of such agency/department are not eligible to be granted a voluntary furlough.

C. A voluntary furlough may be granted to regular employees under the conditions specified in this subsection. Hours taken as voluntary furlough shall be counted separately from any leave of absence which may be granted, so a furlough does not reduce the number of hours which an agency/department may grant as a leave of absence, nor does it reduce the number of hours which may be granted as an official leave of absence.

D. Furlough hours shall not be paid hours, but the fact that there is a reduction from full time in the number of hours of paid status in any pay period in which a furlough is taken shall not constitute a part time status for the purpose of the calculation and entitlement of any benefit. A full-time employee on furlough shall continue to receive the full employee benefits over which the county has control. A furlough shall not be taken during temporary military duty, other than weekend drills.

E. A furlough may be requested by the employee on a form or in a format prescribed by the human resources director. The request shall be submitted to the agency/department head through appropriate channels, and shall require the agency/department head's approval. The agency/department head may deny the furlough request when in their judgment the employee cannot be spared from duty, for operational reasons. Furlough records shall be kept by the agency/department.

(Ord. No. 440.1761, § 7, 9-15-2015; Ord. No. 440.1762, § 7, 1-5-2016; Ord. No. 440.1765, § 7, 5-11-2021; Ord. No. 440.1767, § 7, 12-12-2023; Ord. No. 440.1768, § 7, 1-14-2025; Ord. No. 440.1769, § 7, 7-1-25; Ord. No. 440.1770, § 7, 11-4-25)

A. Salary plan table.

1. The human resources department shall maintain a salary plan table that defines the compensation rates assigned to each salary grade. The salary plan table shall include the following information: An effective date that reflects the date of the start of the first full pay period, following board of supervisors approval; the employee group(s) to which the table applies; salary plan code; grade level; salary range width; and the minimum and maximum compensation displayed as hourly, monthly and annual rates.

2. The human resource department shall make publicly available the most current salary plan table one pay period after board of supervisors approval.

3. Subject to board of supervisors approval, the human resources director may establish new salary plan tables and/or modify existing salary plan tables to meet the operational needs and collective bargaining obligations of the county.

B. Compensation table.

1. The human resources department shall maintain a compensation table that defines the salary plan and grade assignment for all active county job classes and details other benefits or statuses that are linked to the job class. The compensation table shall include the following information: An effective date that reflects the date of the first full pay period following board of supervisors approval; job class code and title; salary plan and grade assignment; FLSA exempt status; overtime rate; at-will status; automobile benefit; and pre-employment medical grouping.

2. The human resources department shall make publicly available the most current compensation table. The published compensation table shall include, in the same document, the salary plan table(s) that define the value of each assigned salary grade.

3. Subject to board of supervisors approval, the human resources director may change the grade assignment of any job class to meet the operational needs and collective bargaining obligations of the county.

4. Class grade assignment will be recommended by the human resources department based primarily on market considerations through comparison and analysis of current prevailing wages for comparable work. The human resource department may also conduct an internal job comparison to determine relative value and to maintain internal parity.

C. Class and salary listing.

1. Job classes not assigned to a salary structure under subsections A.—B. above, are assigned a salary plan and grade and all plan/grade assignments will be made publicly available on a class and salary listing, which is distinct from the salary plan table and compensation table.

2. The base rate of pay for job classes, unless otherwise specified in this chapter, shall consist of a minimum and maximum hourly, monthly, and annual pay rate or a flat rate. Pay rates may be expressed as biweekly rates in the case of salaried employees.

3. The county as an employer shall not pay any of its employees at wage rates less than the rates paid to employees of the opposite sex, regardless of race, gender or ethnicity, for substantially similar work on jobs where the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions, except where the payment is made pursuant to a seniority system, a merit system, a system which measures earnings, by quantity or quality of production, or a differential based on any bona fide factor other than gender, race, and ethnicity.

D. Special salary adjustments.

1. The human resources director may expressly set a different salary and anniversary date for the incumbent of any position, than that called for under other provisions of this chapter, MOU, or board resolution. Unless otherwise specified, such action shall automatically fix a new anniversary date on the first day of a pay period which is one year in a paid status after the resulting change of salary.

2. When a higher pay rate has been established to temporarily compensate an employee for additional responsibilities beyond those normally performed in the position, the human resources director may, at the agency/department head's request, adjust such pay rate to compensate for merit increases and cost of living adjustments which the employee would have earned at the normal pay rate, maintaining the differential intended by the original special adjustment. When the additional responsibilities are concluded, the human resources director may return the employee's pay to the normal rate, as though the temporary increase had not occurred.

3. The county executive officer may order changes to the base rate of pay of employees paid on the EXE salary plan to meet budgetary restraints faced by the county. Any adjustments shall be accomplished through an across-the-board percentage adjustment, to each employee's base rate of pay.

E. Change in salary allocation. The salary of an incumbent of a position in a class which shall be reallocated to a different salary plan and grade may be adjusted to the same percentage from the minimum pay rate on the new grade as on the previous grade. The anniversary date shall not change. All changes in salary allocation shall coincide with the first working day of a pay period.

F. New employees. Refer to the applicable memorandum of understanding or resolution of the board of supervisors for the rules governing the placement of new employees on the salary grade, including any advanced rate, and/or any "difficulty to recruit" salary adjustments. Refer to section 3.04.100 herein for the rules applicable to temporary employees.

G. Re-employment.

1. Re-employment after military service shall conform to the requirements of the Military and Veterans Code and the Uniformed Services Employment and Reemployment Rights Act, but in other respects shall be in accordance with this chapter.

2. Re-employment of retired persons. An employee who is retired under the California Public Employees Retirement Law and who is receiving retirement benefits shall not be employed or re-employed in any position for compensation without the prior written approval of the human resources director. The human resources director may allow the employment or re-employment following disability retirement, or following service retirement, for up to one hundred twenty (120) working days or nine hundred sixty (960) hours in any fiscal year, without loss of retirement benefits, as specified in the California Public Employees Retirement Law. The law generally permits employment following disability retirement or only during an emergency to prevent stoppage of public business, or because the restored employee has skills needed in performing specialized work of limited duration.

Consistent with the requirements of the California Public Employees Retirement Law for discontinuance of retirement benefits, the retiree may be employed or re-employed.

When a retiree under the California Public Employees Retirement Law is employed or re-employed, his/her retirement status must be specified in the documentation of appointment to a permanent or temporary position.

(Ord. No. 440.1761, § 8, 9-15-2015; Ord. No. 440.1762, § 8, 1-5-2016; Ord. No. 440.1765, § 8, 5-11-2021; Ord. No. 440.1767, § 8, 12-12-2023; Ord. No. 440.1768, § 8, 1-14-2025; Ord. No. 440.1769, § 8, 7-1-25; Ord. No. 440.1770, § 8, 11-4-25)

Every officer and employee is hereby allowed his or her actual and necessary traveling expense incurred in the discharge of his or her official duties, upon proper claim therefore itemized and presented as required by law. Rates for meals and other usual items may be established by the board of supervisors in aid of this provision, and rules and regulations in connection with travel and expense may be adopted by them.

A. Mileage reimbursement. Employees who are required to use their personal vehicles for county business shall be reimbursed at the Internal Revenue Service (IRS) standard mileage rate. Adjustments to the county rate, if any, shall be made pursuant to the IRS rate effective at the time mileage is incurred.

1. Subject to different requirement by the board of supervisors, claims for reimbursement of expenses shall be accompanied by a receipt or other voucher.

2. Reimbursement for the use of a privately owned vehicle shall be permitted only when a county owned vehicle is not available or upon order of the board of supervisors, and subject to rules and regulations established by the board of supervisors.

B. County vehicles shall be used only for the purpose of county business and not for personal business or pleasure of any person whatsoever. No employee shall take a county vehicle outside the county or keep any vehicle at his or her residence without authorization by the agency/department head or his/her designee and subject to the Overnight Retention of County Vehicles Policy (Policy D-10). The director of fleet services shall have the primary authority for the administrative interpretation of the Travel and Transportation Policies (D Policies). Each officer or employee having the custody of a county vehicle shall exercise due caution and prudence in the operation of such vehicle, and shall minimize the risk of damage to such vehicle using available off-street parking whenever reasonably possible, particularly during the night. Such officer or employee shall be liable to the county for damages and other expense resulting from and caused by his or her willful misconduct in the use or operation of such vehicle.

C. When provided in the statute, ordinance, or resolution establishing a standing board, commission, or committee, or by specific resolution of the board of supervisors, the members of such a standing board, commission, or committee shall be reimbursed for their necessary actual expenses in attending the meetings thereof within the county, and for such other necessary actual travel expenses as may be authorized by the board of supervisors. Such expenses may include mileage for use of a private vehicle at rates fixed by resolution of the board of supervisors. All such travel and expenses shall be subject to the provisions of this chapter and to rules and regulations applicable to county officers and employees.

D. Each member of the board of supervisors shall receive his or her actual traveling expenses from his or her residence to the place of meeting of the board at the county seat when attending such meetings and his or her necessary actual expenses in traveling from his or her residence or other point of origin to attend upon and while engaged in county business and returning therefrom, including mileage for use of a private vehicle at rates fixed by resolution of said board.

E. The human resources director may authorize the reimbursement of the actual transportation cost of an applicant, for any position, who at the request of the human resources director shall travel to the place of interview in connection with consideration of his or her appointment to such position, unless such applicant withdraws his or her application after such interview or refuses the position after it is offered to him or her. This authorization shall not apply to more than three applicants for any one position at the same time.

(Ord. No. 440.1761, § 9, 9-15-2015; Ord. No. 440.1762, § 9, 1-5-2016; Ord. No. 440.1765, § 9, 5-11-2021; Ord. No. 440.1767, § 9, 12-12-2023; Ord. No. 440.1768, § 9, 1-14-2025; Ord. No. 440.1769, § 9, 7-1-25; Ord. No. 440.1770, § 9, 11-4-25)

These temporary employment provisions do not apply to any employees in the county's temporary assignment program ("TAP").

Only subsection (e) of section 3.04.100 applies to unrepresented Per Diem employees, unless otherwise specified.

A. Applicability. [2] These temporary employment provisions apply to:

Unrepresented job classes that are temporary or limited-term in nature (e.g. professional student intern, resident physician and surgeon, and pharmacist resident); and unrepresented seasonal, temporary, or unrepresented per diem employees.

B. General provisions (not applicable to unrepresented per diem employees).

1. Except as otherwise provided by this chapter, a new employee shall be appointed at the minimum pay rate of the appropriate salary plan and grade.

2. Upon prior authorization from the human resources director, the initial salary placement for newly hired employees may be at any rate of the appropriate salary plan and grade for his/her classification.

3. Difficult to recruit (DTR).

a. Classifications or positions designated as DTR on or after January 5, 2016. Notwithstanding the provisions of this chapter, employees shall be compensated at a rate up to twenty (20) percent of their earnings to a maximum of eighty (80) hours actually worked in a pay period for those positions identified in specific classifications in a specific agency/department designated by the human resources director as "difficult to recruit" (DTR).

Eligibility for the DTR differential shall be determined by the human resources director based on a specific position, classification, geographical location, and/or agency/department basis that a recruitment or retention issue exists and the DTR designation would assist the county in recruiting and retaining employees in the specific position, classification, geographical location, and/or agency/department.

Eligibility for the DTR differential shall not be automatic nor shall such a determination have any bearing on the same or similar classifications (or similarly situated classifications). Upon such determination and approval, any differential granted pursuant to these provisions shall be implemented as follows:

a. Upon prior authorization of the human resources director, the initial salary placement for newly hired employees may be at any pay rate on the salary plan and grade for his/her classification and shall be compensated a DTR differential.

b. The DTR differential shall only apply to actual hours worked, up to eighty (80) hours in a pay period.

c. The assignment of the DTR differential shall trigger a review by the human resources department of the position and classification. The review shall consist of review of market benchmarks, turnover rates, exit surveys and other factors that may have created the recruitment/retention issue. In the event the human resources director determines the circumstances that created the recruiting or retention problem(s) for any and/or all position(s) in the specific classification in the specific agency/department no longer exist, he/she shall declare the provisions described above inoperative for such specific position(s)/classification(s). At that time, the DTR differential shall cease. In the event the human resources director determines the recruitment/retention issue is related to a market parity issue, the human resources director may recommend to the board of supervisors an adjustment to the salary range of the classification for parity purposes or propose another solution to resolve the recruitment/retention problem deemed acceptable within the provisions of this chapter. Should a salary adjustment occur due to a market parity issue, the DTR differential shall no longer apply.

d. A review of all position(s)/classification(s) designated as DTR shall be conducted annually.

C. Classifications or positions designated DTR prior to January 5, 2016. Notwithstanding the provisions of this resolution there shall be up to an additional approximately eleven (11) percent which shall be reserved for those classifications designated as "difficult to recruit".

Advancements within the DTR range shall not be automatic. They shall, instead, be granted based upon a determination by the human resources director that a serious recruiting or retention problem exists for a classification(s), or that the increases granted to subordinate "difficult to recruit" classifications has created serious compaction problems, and such designation may be made by geographical area or restricted within a classification to specific positions in specific departments. Upon such determination and approval, any increase granted pursuant to these provisions shall be implemented as follows:

a. Upon prior authorization of the human resources director, the initial salary placement for newly hired employees may be at any rate on the salary plan and grade for his/her classification up to and including a rate on the salary grades established pursuant to this subsection.

b. In the event the salary granted to a newly hired employee pursuant to this subsection exceeds that of any permanent, regular full-time or regular part-time employee who has successfully completed one year or more of service at the top of the salary plan and grade for that classification(s), such employee(s) may, upon recommendation of the agency/department head, be placed on the same salary rate as that granted to the new employee.

c. In the event the human resources director determines the circumstances that created the recruiting or retention problems for any or all classifications in the specific classification in the specific agency/department no longer exist, he/she shall advise the county executive officer of his/her findings. If the county executive officer concurs, he/she shall declare the provisions described above inoperative for such specific classification(s). At that time, the "difficult to recruit" (DTR) salary plan will return to a standard salary plan, as directed by the human resources director. Any employee compensated at a rate above that to which he/she would otherwise have been entitled upon removal of DTR from the top of the salary grade shall be frozen and shall not be increased until the regular salary for the specific classification exceeds the rate established pursuant to the provisions described above. In the event the human resources director deems it necessary to remove the DTR from the bottom of the assigned salary grade, the salary rate of the affected employees below the new minimum shall be adjusted upwards to the new minimum of the salary range.

4. Promotion. On promotion, the salary shall be at a rate on the new salary plan and grade which is five and one-half percent higher, than that paid on the salary grade for the former position where the new grade is able to accommodate the increase. The effective date of all promotions shall coincide with the first day of a pay period.

5. Transfer. On transfer, the salary shall be the same as that paid previously. The anniversary date shall not change. The effective date of transfers shall coincide with the first day of a pay period.

6. Demotion. On demotion, the salary shall be the same percentage on the new grade as on the previous grade, where the new grade is able to accommodate the percentage. The anniversary date shall not change. The effective date of all demotions shall coincide with the first day of a pay period.

7. Reclassification. The salary of an incumbent of a position reclassified to a class on the same salary plan and grade shall not change. The anniversary date shall not change.

The salary of an incumbent of a position reclassified to a class on a higher salary plan and grade shall be at the rate which is five and one-half percent higher than that paid on the grade of the former position, where the new grade is able to accommodate the increase.

The salary of an incumbent of a position reclassified to a class on a lower salary plan and grade shall be placed at the same rate of pay, or at a pay rate of the new grade which is closest to but not higher than the employee's current rate of pay; where the employee's current rate exceeds the maximum of the new grade, it shall be reduced to the maximum. The anniversary date shall not change.

The effective date of a reclassification shall coincide with the first day of a pay period.

8. Authority to specify salary. An agency/department head may specify a higher pay rate within the salary plan and grade for an employee who is newly hired or re-employed than the pay rate that would be called for under other provisions in this chapter.

9. Working hours and overtime.

a. FLSA exempt employees. Any employee whose position is determined to be exempt from the FLSA shall not be entitled to compensation for overtime of any type unless specifically provided herein.

b. Definitions. For purposes of determining eligibility for overtime only:

(1) A "FLSA work week" shall consist of one hundred sixty-eight (168) consecutive hours (i.e. seven days).

(2) Overtime is defined as time actually worked by an employee in excess of forty (40) hours in an FLSA workweek. Management reserves the right under the FLSA to designate the FLSA workweek for each employee.

c. Authorization for overtime work. Performance of overtime work may be authorized by the agency/department head or his or her designated subordinate.

d. Reporting and calculation. Actual hours of overtime work shall be reported on each attendance report. The auditor-controller shall maintain the record of overtime credit at one and one-half times such actual hours. Actual hours of compensatory time off shall be reported on each attendance report. If payment is to be made, the number of hours of overtime credit to be paid for shall be specified.

e. Compensation for overtime work. Employees who are not considered "exempt" under the provisions of the FLSA shall be paid at a rate of one and one-half times their FLSA regular hourly rate of pay for all time actually worked in excess of forty (40) hours during the designated FLSA workweek. Upon termination, accumulated overtime credit shall be paid for.

f. Compensatory time off. An employee eligible for paid overtime under the provisions of this section may request, subject to management approval, the accumulation of up to one hundred twenty (120) hours of compensatory time off, in lieu of paid overtime. Such overtime is accumulated at the rate of one and one-half hours of compensatory time off for each hour actually worked in excess of forty (40) hours during the designated FLSA work week.

Accumulated overtime credit may be taken in compensatory time off, at a time or times agreeable to the agency/department head. This method of reducing accumulated overtime credit is encouraged. With approval of the county executive officer, banked overtime credit may be paid for.

g. Payoff for unused compensatory time off upon separation from county service. Upon separation from county service, an employee shall be compensated at his/her hourly rate in effect at that time for each hour, or portion thereof, of accumulated compensatory time off (CTO).

h. Fringe benefits not affected by overtime. Overtime work shall not be a basis for increasing vacation or sick leave benefits, nor shall it be a basis of advancing completion of required period for probation or merit advance. Where overtime results from necessary irregular work schedules, it may be included in computing the minimum time for merit advance which would otherwise be delayed beyond the normal period.

10. Standby. When placed by the agency/department head specifically on standby duty, an employee otherwise off duty shall be paid one hour's pay for eight hours of such duty, to the nearest tenth of an hour.

Standby compensation shall cease when the employee reports to work.

11. Minimum overtime on call-back. A non-exempt employee called back to a worksite to meet an emergency on an overtime basis, whether or not in a standby duty status, shall receive minimum credit for one hours' work.

If an employee should complete the work required, and subsequently be recalled during the minimum credit period, no additional compensation shall be paid for until the minimum credit time has been exhausted. Call-back pay does not include time commuting to and from work.

Remote call-back: If an employee may perform call-back work remotely, without the employee having to physically report to a worksite, then the employee will be paid in one-tenth hour increments for all time worked while remotely responding to the call. For example, if the employee remotely completes the performance of work in twenty-five (25) minutes, the employee will be paid thirty (30) minutes for the remote call-back.

12. Jury duty and court appearances. A temporary employee shall be entitled to retain jury fees, since the individual shall not be paid for time not actually worked.

Any employee who shall be called as a witness arising out of and in the course of county employment, shall not suffer any loss in their base hourly rate of pay, but any witness fees received shall be paid into the county treasury, together with any mileage allowed if the employee uses county transportation.

Any employee absent due to private legal matters shall not be entitled to be paid during such absence.

13. Sick leave.

a. Accrual. Every employee shall accrue sick leave on an hourly basis computed at the rate of .05 hours accrued per hour in a paid status to a maximum of four hours per pay period.

b. A seasonal employee shall be allowed to take sick leave only when the employee is in an active payroll status.

c. Sick leave shall accrue at all times when the employee is in a paid status.

d. Accrued sick leave of any person whose employment is permanently terminated shall automatically be canceled.

e. Proof of illness. When in the judgment of the agency/department head good reason exists for believing an employee may be abusing sick leave the employee shall be placed on notice in writing. The employee shall also be placed on a medical certification program and be allowed paid sick leave by producing a certificate of a physician, dentist, or other legally authorized person to provide health care services on the same level as a physician; or other proof satisfactory to the agency/department head. Such certificate shall include a written statement signed by a physician, dentist, or other legally authorized person to provide health care services on the same level as a physician, stating the day(s) of the illness/injury and that the illness/injury prevents the employee from being able to work.

Employees on a medical certification program shall have their sick leave usage reviewed at least annually. If the review shows substantial improvement, they shall be removed from the category of having to provide the certificate for each absence.

f. Every employee shall be able to use accrued vacation, compensatory time, or holiday time when sick leave has been exhausted due to illness or injury unless they are on a medical certification program in accordance with the above.

g. An employee off work or contemplating to be off work due to illness or injury for an extended period of two weeks or more shall provide a comprehensive health statement as to length of absence from the employee's health care provider stating any duties an employee cannot perform and any restrictions or light duty requirements.

h. Reporting requirements. In the absence of a more stringent agency/department policy, an employee reporting off work for such leave usage shall call the employee's supervisor or designee within one hour before or after the employee's scheduled shift starting time.

i. Reason for usage. Use of accrued sick leave shall be allowed for the purpose of preventative medical, dental care, and care of the family. For this purpose, family is defined to mean a spouse or registered domestic partner, child, parent (including biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee's spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor), brother, or sister of the employee, grandparent, grandchild and the equivalent relationships through a lawfully registered domestic partnership.

j. Payout for sick leave. Upon retirement, disability retirement, or death of an employee, and subject to the provisions of any applicable agreement between the employing agency, unused accumulated sick leave shall be paid for at the rate of ten (10) percent of the current salary value thereof for each such person who has had five full years of service in a paid status, plus two percent for each additional year to a maximum of fifty (50) percent, and, in no event, shall the total payment exceed a sum equal to nine hundred sixty (960) hours of full pay. Terminal sick leave pay for employees with five or more years of service in a paid status shall be paid into a health savings account on behalf of the employee.

Sick leave compensation resulting from death shall be made to the persons entitled to it otherwise, in accordance with the Probate Code. Eligibility for a payout under this section is made at the time of separation from county employment and not at a later date.

14. Bereavement leave. Employees who are entitled to accrue sick leave (under this article) may be allowed up to five days of leave, three of which will be paid, and the additional two days shall be deducted from the employee's sick leave accruals. Eligible employees must be in an active payroll status and be compelled to be absent from duty by reason of the death, or critical illness where death appears imminent, of the employee's father, father-in-law, mother, mother-in-law, brother, sister, spouse, child, grandparent, grandchild, step-relationships of the same categories or equivalent relationships through a lawfully registered domestic partnership. The county has the right to require proper documentation in support of the requested leave.

15. Fitness for duty. An agency/department head, when in his/her judgment good cause exists, may order an employee off work until such time as the employee is able to present the agency/department head a physician's certificate stating the employee is able to return to work without impairing the health of the public, the employee's health, or the health of the other employees in the agency/department.

When the agency/department head orders an employee off work, the employee shall, at county expense, be referred to a county designated physician or other health care provider to obtain the required certificate.

In the event an employee has no accrued sick leave balance, the employee will then be absent from work without pay at the discretion of the agency/department head in accordance with the provisions of this chapter. Should the physician or health care provider determine that the employee is able to return to work during the shifts from which he/she was ordered off work, the employee shall not be charged with such absence and any leave banks used to cover the absence shall be restored.

16. On the job injury or illness. An employee who suffers an injury or illness which entitles him or her to benefits under the Workers' Compensation Law, and for which he/she actually receives or obtains medical treatment, shall be entitled to full compensation for the first calendar day during which he/she is necessarily absent from duty as the result of such injury or illness, without deduction on account of accrued sick leave or other accrued salary credits. If such absence continues thereafter, he/she shall be paid as salary the difference between the temporary disability payments due him or her under the Workers' Compensation Law and his or her regular compensation, to the extent of the value of his or her accrued sick leave, including, for this purpose, the values, successively, of his/her accrued compensatory time off for overtime and accrued vacation credit. During a period of temporary disability and in the proportion that the employee is paid for the difference between his/her temporary disability payments and his/her regular compensation, he/she shall continue to accrue sick leave and vacation benefits at the regular rate.

The right is reserved to make later adjustments as between salary and disability benefits to conform to the Workers' Compensation Law, or to conform to later development of facts, including the right to recover any overpayments directly or from future earnings.

17. Air pollution emergency. An employee unable to work on a regularly scheduled work day due to an air pollution emergency shall be granted a leave of absence without pay for the period of the emergency unless he/she chooses to use his or her accumulated overtime credit, sick leave credit, vacation credit or holiday leave credit for the period of time he/she was off work due to the emergency.

18. Leave of absence.

a. An agency/department leave of absence or an official leave of absence without pay may be granted for the following reasons:

(1) Illness or disability when sick leave has been exhausted;

(2) Pregnancy;

(3) To take a course of study which will increase the employee's usefulness on return to the county; and/or

(4) Personal reasons acceptable to the authority whose approval is required.

b. Agency/department leave of absence. Agency/department leave of absence up to four hundred eighty (480) hours in any one calendar year period may be granted to any employee by the agency/department head. Such leave shall be reported as leave of absence via the agency/department's payroll. The agency/department head may require the leave of absence to be for a specified period of time and appropriate conditions may be imposed, such as providing sufficient medical documentation or other evidence substantiating the leave as required by the agency/department head.

c. Official leave of absence. A regular employee may request an official leave of absence exceeding four hundred eighty (480) hours, but not exceeding one year. Official leave of absence may be granted upon written request by or on behalf of the employee, specifying the period and the reason, upon the written recommendation of the agency/department head and with the written approval of the human resources director. Application must be made on a form supplied by the human resources department in advance of the effective date of the leave, unless circumstances make such advance request impossible. If the human resources director disapproves the request, it shall be so endorsed and returned to the agency/department head, who may present it to the board of supervisors. The board's action shall be final. Any official leave of absence granted shall be for a specified period and appropriate conditions may be imposed such as the employee providing sufficient medical documentation or other evidence documenting the leave as required by the human resources director or a designee.

Such leave may be extended upon further written request containing justification therefore, such request for extension to be processed in the same manner as the original request. In the case of a request for an extension due to illness or disability, updated information of the same kind submitted for the original request will be required.

Nothing herein shall prevent the earlier return to duty by the employee, except the agency/department head may require two weeks advance notice of the employee's intention to return.

The human resources director shall be promptly notified of the return of any employee from an official leave of absence. The board of supervisors shall have the right to cancel or revoke a leave of absence previously granted.

An employee on leave of absence for illness or disability reasons will be required to present a return to work statement from the attending physician releasing the employee to full duty, prior to being allowed to return to work. Any release to less than full duty will be allowed only as accommodation as required under the Americans with Disabilities Act, the California Fair Employment and Housing Act, a county designed temporary modified duty assignment, and/or the county return to work program.

An employee contemplating family/medical leave for reasons that are foreseeable must provide thirty (30) days advance notice. In cases where the approximate timing of the need for leave is not foreseeable, the employee is required to give notice of the need for family/medical leave as soon as practicable (generally within one or two working days of learning of the need for leave).

19. Vacation. Persons employed in the classes of resident physician and surgeon or pharmacist resident shall be entitled to one hundred twenty (120) hours (approximately fifteen (15) days) of vacation per year. The vacation may be taken at times agreeable to the agency/department head. Unused vacation shall be carried over to the following fiscal year. Upon separation from county service, a resident physician and surgeon or pharmacist resident shall be paid for any unused vacation. All other employees shall not be entitled to paid vacation.

20. Paid holidays. Only seasonal employees, resident physicians and surgeons, pharmacist resident, and employees in the physician assistant fellowship classification, in a paid status shall be eligible for paid holidays. Other provisions notwithstanding, if duty is required any time during the twenty-four-hour holiday period, the resident or fellow will be entitled to compensatory time off for all hours worked on the holiday. Duty is defined as any presence at the hospital for professional reasons. [3]

a. A new employee whose first working day is the day after a paid holiday shall not be paid for the holiday.

b. An employee who is terminating his or her employment for reasons other than paid county retirement, and whose last day as a paid employee is the day before a holiday, shall not be paid for that holiday.

c. An employee who is not in a paid status for either the regularly scheduled working day before the holiday, or the regularly scheduled working day after the holiday shall not be paid for that holiday.

d. Seasonal employees who are regularly scheduled to work on a paid holiday shall be paid at their regular rate for the time actually worked. In addition, such employees shall have a choice of:

(1) Compensatory time off not to exceed eight hours for such holiday or;

(2) Being paid for the holiday at the regular rate of pay not to exceed eight hours.

e. An employee with accumulated holiday credit may, and if requested by the agency/department head shall, within seven days, specify the dates of at least three working days during the next two succeeding pay periods that the employee desires to take as holiday compensatory time off. The agency/department head may authorize compensatory holiday time off for all or any portion of the dates specified, but shall authorize at least one of the three; provided however, that if in the agency/department head's judgment, such day or days will create a demonstrable hardship to the agency/department; in that event, the employee, within seven days after notification by the agency/department head, shall specify three other working days, at least one of which shall be granted. Unless otherwise agreed to by the employee, the agency/department head shall not authorize time off less than eight hours. If an employee, after being requested by the agency/department head, refuses or neglects to specify the time he/she desires to take as compensatory holiday time off, as herein provided, the agency/department head may schedule compensatory holiday time off for the employee.

f. A part time employee shall only receive holiday pay for the holiday or portion thereof which coincides with his or her regularly scheduled working hours.

g. A full-time employee whose regularly scheduled day off falls on a paid holiday shall be entitled to equal compensatory time off for such holiday not to exceed eight hours pay.

21. Shift differential.

a. Applicability of shift differentials. Only FLSA non-exempt employees shall be eligible for shift differentials. Shift differentials do not apply to standby duty, release time, or to leave time, such as vacation, sick leave, or holiday leave. The hourly rate for each shift differential is payable in tenths of an hour. With agency/department approval, day shift employees on an individual basis may waive shift differentials in order to work earlier or later than their schedule would otherwise be, for their own convenience.

(1) Evening shift (swing). Employees who perform work between the hours of 6:00 p.m. and 11:00 p.m., shall be paid an evening differential of $0.60 per hour for the time actually worked between 6:00 p.m. and 11:00 p.m.

(2) Night shift. Employees who perform work between the hours of 11:00 p.m. and 7:00 a.m., shall be paid a night differential of $1.20 per hour for the time actually worked between 11:00 p.m. and 7:00 a.m.

b. Classes not eligible for shift differentials. Employees in positions of resident physician and surgeon, pharmacist resident, and physician assistant fellowship shall not be paid shift differential(s).

22. Bilingual pay. All full time and part time employees who are assigned work on a regular and continuing basis that requires a second language at least five times per week or once per day to effectively meet the service demands of the county's customers, and who have qualified for bilingual compensation under this subsection shall receive additional compensation as follows:

Level 1: Basic Oral Communication: $0.50 per hour.

Employees at this level perform bilingual translation.

Level 2: Task Completion: $0.75 per hour.

Employees at this level perform bilingual translation as well as written translation.

Level 3: Written translation, and medical and legal interpretation: $1.00 per hour. Employees at this level perform complex verbal and written translation.

Payment of bilingual pay will be pro-rated based on the hours actually worked per pay period.

An employee must perform bilingual translation as a requirement of the job. An employee not receiving bilingual compensation shall not be expected to perform bilingual services.

Testing administration: The bilingual pay program is administered by human resources. Oral and written examinations will be administered by the human resources assessment center as follows:

Level 1: Basic oral/reading test.

Level 2: Written.

Level 3: Complex Level Written.

Designation of positions eligible to receive bilingual pay is the responsibility of the supervisor with the approval of human resources. An agency/department head whose department has a substantial need for regular and frequent oral or written bilingual skill of one or more positions may make an application to the human resources director on a form supplied to him/her to authorize bilingual compensation for such position. All future recruitments for a position designated as such should include the requirement of bilingual skills.

When the skill is no longer needed or the employee is not required to use it or ceases to possess it, the agency/department head shall terminate the bilingual compensation by written notice to the human resources director. The human resources director may also terminate the bilingual compensation if he/she makes a like determination, and shall notify the department head. In either case, the department head shall notify the employee.

The human resources director may designate an employee in the human resources department or other county department to perform bilingual skills for other county departments and districts where there is no one available in the requesting department.

23. Health benefits (applicable only to resident physicians and surgeons, pharmacist resident, and employees in the physician assistant fellowship classification).

A. The county's monthly flexible benefit contribution for resident physicians and surgeons, pharmacist resident, and employees in the physician assistant fellowship classification shall be as follows:

1. Employees must select a medical plan to receive these amounts.

B. In addition, the county shall provide optical insurance, to be paid by the county, for employees in these classifications.

C. Effective for the plan month April 2021, if monies remain following the deduction of elected benefits, said monies shall be forfeited.

24. Additional compensation for resident physicians. Any resident physician employed with the county who possesses a valid physician and surgeon license, a drug enforcement administration certificate, and has been authorized to work extra hours as a licensed physician with the county shall be compensated at the employee's base hourly rate, plus a stipend of eighty ($80.00) dollars per hour for each hour actually worked.

25. Resident physician stipend for education related expenses. Resident physicians employed through the county's Graduate Medical Education (GME) program shall be eligible for an annual stipend for education related expenses of two thousand two hundred fourteen dollars ($2,214.00) (less tax withholdings) per academic year, to be issued on the first full pay period of August of the county's payroll calendar year. All resident physicians who are enrolled in the county's GME program at the start of the program's academic calendar year shall be eligible for the two thousand two hundred fourteen dollars ($2,214.00) (less tax withholdings) stipend. At the discretion of the department head or designee, resident physicians who enroll in the county's GME program after the start of the academic year may be eligible to receive a prorated stipend.

Additionally, all resident physicians who are enrolled in the county's GME program the pay period following board of supervisors approval of this chapter shall be eligible for a one-time payment adjustment equivalent to the difference between the previously received two thousand dollars ($2,000.00) (less tax withholdings) stipend and the revised two thousand two hundred fourteen dollars ($2,214.00) (less tax withholdings) stipend for the 2024/2025 Academic Year, to be paid as soon as administratively possible following approval.

Resident physicians who leave the GME program prior to the completion of the academic year shall pay back a prorated amount of the education stipend to the county within sixty (60) days of their separation.

26. Retirement program. Retirement benefits and related matters for employees are governed by the contracts between the board of supervisors and the board of administration of the public employees retirement system, by resolutions of the board of supervisors, and by state retirement laws.

27. Maintenance.

a. Rates for maintenance, including living quarters, meals, or laundry service, furnished by the county to any employee, shall be fixed by a resolution of the board of supervisors from time to time. Payment therefore shall be made by a deduction from compensation, or by performance of additional services, as may be determined by the board of supervisors.

b. No charge for meals shall be made where the same are furnished for the convenience of the county, such as for employees at county institutions who are required by the nature of their duties to take their meals in connection with such employment. No person shall receive maintenance at any institution unless on duty at such institution.

c. Nothing herein shall prohibit the furnishing of meals on a cost basis where necessary or convenient. It shall be the duty of each officer to make certain that the provisions of this section are complied with as to all employees, agency/departments and institutions under his/her control and to keep the auditor-controller properly informed as to any payroll deductions required hereunder.

d. Resident physicians and surgeons at RUHS - MC shall be furnished without charge medical and hospital care for acute illnesses and injuries contracted or sustained by them during the period of their employment. Whether an illness or injury qualifies under this provision shall be determined by the assistant county executive officer - health systems with the advice of the chief medical officer.

28. Termination. Except as specifically set out herein, all employees shall serve at the pleasure of the agency/department head and shall not be entitled to any review or hearing procedure upon termination by the agency/department head.

(c) Seasonal employee provisions.

1. Initial probationary period.

a. Initial probationary status. Each seasonal employee shall be in an initial probationary status from the effective date of his/her initial employment in a seasonal or regular position in a paid status until the required initial probationary period, and any extension, is completed without separation from county employment.

Computation of the initial probationary period in a paid status does not include overtime, standby, on-call or military leave of absence. A seasonal employee who has not completed the initial probationary period, serves at the pleasure of the agency/department head and may be released from employment without cause. He/she is not entitled to the review procedure provided for in this chapter.

b. Length of initial probation. The length of the initial probationary period for seasonal employees is twelve (12) months of actual work. Months towards completion of initial probation need not be continuous but for a seasonal employee accrued months towards completion of initial probation shall be lost in the event that there is a period of more than one year when the employee is in an unpaid status.

c. Extension of initial probation. The initial probationary period of a seasonal employee may be extended by the employing agency/department head with the approval of the human resources director. Extensions of an initial probationary period are discouraged and must be approved by the human resources director or his or her designee before the end of the existing initial probationary period. Approval is made on a case-by-case basis and only for rare and extenuating circumstances.

The twelve-month initial probationary period may be extended once to fifteen (15) months or twice to eighteen (18) months. If an employee changes classification by promotion, transfer or demotion during initial probation, extensions may also be made in the class to which he/she promoted, transferred or demoted.

d. Initial probationary period affected by change in class. An employee who has not completed the initial probationary period and who promotes, demotes or transfers to another class, will serve a new twelve-month probationary period following such promotion, demotion, or transfer. The twelve (12) months required pursuant to the provisions of this section shall be in addition to any initial probationary period hours served by the employee in the position from which he/she voluntarily promoted, demoted, or transferred.

2. Discipline, dismissal, and review.

a. The provisions of this subsection do not apply to:

(1) At-will seasonal employees;

(2) Seasonal employees who have not completed an initial probationary period with the County of Riverside;

(3) Regular seasonal employees serving a promotional probationary period when such disciplinary action does not affect any vested rights.

b. The appointing authority may dismiss, demote, suspend, demote and suspend, or impose any other disciplinary action on a probationary employee during the probationary period. Unless such action affects the vested rights of a permanent employee serving a promotional probationary period, no hearing shall be held on any disciplinary action affecting a probationary employee.

c. Any of the following acts of an employee who has permanent status shall be good cause for dismissal, demotion, reduction in compensation, suspension, or any other action taken for disciplinary reasons:

(1) Dishonesty;

(2) Incompetence;

(3) Inefficiency or negligence in performance of duties;

(4) Neglect of duty;

(5) Insubordination or willful violation of an employee regulation prescribed by the Board of Supervisors or the head of the agency/department in which the employee is employed;

(6) Absence without leave;

(7) Conviction of either a felony, or any offense, misdemeanor or felony, involving moral turpitude, or any offense in connection with or affecting the employee's duties other than minor traffic violations. Conviction means a plea of guilty or nolo contendere or a determination of guilt in a court of competent jurisdiction;

(8) Discourteous treatment of the public or other employees;

(9) Political activity in violation of federal or state law;

(10) Physical or mental unfitness to perform assigned duties;

(11) Making a material misrepresentation in connection with obtaining or maintaining employment or position;

(12) Conduct either during or outside of duty hours which adversely affects the employee's job performance or operation of the agency/department in which he/she is employed;

(13) Failure to maintain the license, registration, certificate, professional qualifications, education, or eligibility required for the employee's classification when the failure of the employee to maintain such requirements adversely affects the employee's ability to perform his or her job or the performance of the agency/department. The agency/department shall prescribe procedures to ensure that employees affected by the requirements are informed of them;

(14) Substance abuse in violation of the County of Riverside Alcohol and Drug Abuse Policy;

(15) Violation of the county's anti-violence in the workplace policy.

d. The disciplinary and appeal procedure for seasonal employees shall be the same as in the disciplinary and appeal procedure contained in the most current resolution of the County of Riverside and other agencies providing salaries and related matters for exempt management, management, confidential, and other unrepresented employees.

3. Merit increase.

a. Applicability of merit increases. The compensation of each seasonal employee whose pay is below the maximum rate of the grade allowed for the class shall be considered for increase upon his or her anniversary date, except as otherwise provided.

b. Anniversary dates. The first anniversary date as a result of an original appointment shall be the first day of the pay period following the completion of twelve (12) months of actual work in a paid status in the position, not including overtime.

Re-employment at a rate other than that of the minimum rate of a grade shall be considered an original appointment for purpose of fixing the anniversary date.

The first anniversary date as a result of promotion or reclassification, which involved a salary increase, shall be the first day of the pay period following the completion of six months of actual work in a paid status in the position, not including overtime.

The second anniversary date shall be the first day of the pay period following the completion of an additional twelve (12) months of actual work in a paid status, not including overtime, and subsequent anniversary dates shall occur at like intervals.

The provisions of this section shall be subject to other specific provisions of this chapter concerning change of anniversary dates.

c. Limit on unpaid status. Months in a paid status toward a merit increase need not be continuous, but for a seasonal employee, accrued months shall be lost in the event that there is a period of more than one year when the employee is in an unpaid status.

d. Salary increases. Every anniversary salary increase, unless otherwise dictated within a recognized employee organization's memorandum of understanding (MOU) shall be to the rate of four percent higher, except when there is less than four percent remaining, it shall be to the maximum of the salary grade. Such salary increases shall be given unless there is an affirmative decision of the agency/department head to deny the increase.

e. Denial of merit increase. The agency/department head may disallow a merit increase only after the performance evaluation is reviewed and approved by the human resource director or a designee. If the increase is not granted, the agency/department head shall state the reasons on the form, which shall be given to the employee for signature. The agency/department head shall reconsider the merit increase at least quarterly, and may allow it effective on the first day of any pay period after the date it could have been granted. The responsibility for submitting a written allowance of increase, after its denial, shall be with the agency/department head. The anniversary date shall be postponed until an increase is allowed.

(d) Temporary employee provisions.

1. Compensation. Temporary employees shall be compensated at the minimum pay rate of the salary plan and grade for their job class, unless an advanced increase is authorized at the time of appointment. Temporary employees do not receive merit increases within the salary grade based on hours of service.

2. Function of temporary employees.

a. Temporary employees will normally be utilized to perform irregular, project, or overflow work that cannot be performed by regular employees within the agency/department without additional cost, including overtime costs.

b. Temporary employment shall not be used in lieu of the probationary period in a regular or seasonal position or as a trial period of employment, but this provision shall not render a temporary employee ineligible for appointment to a regular or seasonal position.

c. Agreements entered into between the county and a federal or state funding authority may contain provisions which will prevail over the rules of this section affecting temporary county employees.

3. Length of employment. No temporary employee shall be permitted to work in the same capacity in which he/she performs substantially continuous service for more than one thousand (1,000) working hours (approximately six months of full time service) during any one fiscal year. In the event that a agency/department head has unusual circumstances to warrant employment of a temporary employee for a longer period, the agency/department head may request approval on the board of supervisors' agenda, prior to the employee working more than one thousand (1,000) hours in the fiscal year. Any request to extend the service shall set forth the justification, the hire date of the temporary employee, and the number of hours requested in the extension. Any additional extension shall require further board of supervisors' approval annually, prior to the employee working one thousand (1,000) hours in that fiscal year. [4]

(e) Unrepresented per diem employee provisions.

1. Notwithstanding any other provisions of this chapter, except as otherwise provided herein, only the provisions set forth in this section shall be applicable to persons employed as unrepresented per diem employees.

2. Definitions.

a. "Per diem employee" shall mean anyone who occupies a position within a classification established in the class and salary listing as a per diem class and that is not represented by a collective bargaining unit. All per diem employees shall serve at the pleasure of the agency/department head.

b. "Base rate of pay" shall mean the hourly rate of compensation as set forth in the class and salary listing for a per diem classification.

c. "Holiday" shall be the twenty-four-hour period which commences at 7:00 a.m. of any day on which county offices are not open for business, in accordance with county ordinance, other than Saturday or Sunday.

d. "Overtime" shall mean any authorized work actually performed in excess of the established FLSA work week.

e. "Critical care work areas" shall mean the following units at the hospital: ER, ICU, CCU, Neuro ICU, Peds ICU, Neonatal ICU, OR, Recovery, Dialysis, Labor and Delivery, and Anesthesia.

f. "In charge" shall mean the assignment by the nursing administration office, and acceptance by a licensed employee, to have total nursing management responsibility for a particular inpatient nursing unit, such responsibility to include, but not necessarily be limited to, patient care, nursing personnel, and the general environment of the unit.

g. For acute care assignments, "weekend" shall mean the period commencing at 3:00 p.m. Friday and ending at 7:00 a.m. on Monday. For outpatient clinic or non-acute care assignments, "weekend" shall mean the period commencing at 5:00 p.m. Friday and ending at 7:00 a.m. on Monday.

3. Conformance to plan.

a. No person shall be employed in or appointed to any per diem position until the classification plan shall contain a position specification for such position.

b. No person shall be employed in or appointed to any per diem position unless said person meets the minimum qualifications set forth in the position specifications.

4. Positions allowed.

a. The basic classification of per diem positions is deemed to be established by the class and salary listing and the number of positions needed for each class shall be as determined from time to time by resolution of the board of supervisors.

b. No person shall be appointed to a per diem position until such position has been allocated to the hiring agency/department.

5. Salary procedures.

a. Basis of compensation. Per diem employees may receive compensation at the hourly rate assigned to the classification in which they are employed.

The human resources director may authorize differential premium pay for per diem job classes at rates not more than those established for regular job classes, as needed to maintain efficient business operations. Such premium authorization may be ended by the human resources director as warranted by operations or funding.

b. Reporting and calculation. Actual hours of work and overtime work shall be reported for each per diem employee on each biweekly attendance report or by such other method as is established by the county auditor-controller.

c. Payment. The county auditor-controller shall distribute salary warrants no later than the second Wednesday following the end of a pay period.

d. General salary adjustments. Effective the pay period following board of supervisors approval of this chapter, per diem classifications covered by this chapter, with the exception of psychiatrist and psychiatrist-detention classifications, shall have their rate of pay established equivalent to the maximum rate of the represented counterpart classification. Psychiatrist and psychiatrist-detention classifications shall have their rate of pay increased by three (3) percent.

Effective May 1, 2025, per diem classifications covered by this chapter, with the exception of psychiatrist and psychiatrist-detention classifications, shall receive a four (4) percent increase to their rate of pay. Psychiatrist and psychiatrist-detention classifications shall have their rate of pay increased by three (3) percent.

Effective April 30, 2026, per diem classifications covered by this chapter, with the exception of psychiatrist and psychiatrist-detention classifications, shall receive a four (4) percent increase to their rate of pay. Psychiatrist and psychiatrist-detention classifications shall have their rate of pay increased by three (3) percent.

6. Difficult to recruit (DTR). The DTR provisions of section 3.04.100 subsection (b)3. shall apply to unrepresented per diem employees as reviewed and approved by the human resources director.

7. Overtime. Overtime shall be paid at one and one-half times the FLSA regular hourly rate for all non-exempt employees. FLSA exempt employees who work on a per diem basis will be entitled to their base rate of pay for each authorized hour worked in excess of the established FLSA workweek.

8. Shift differential. Shift differentials do not apply to vacation, sick leave, holiday pay, call or standby duty. The hourly rate for each shift differential is payable in tenths of an hour. Employees who work day shift between the hours of 7:00 a.m. to 6:00 p.m. shall not be entitled to a shift differential.

a. Classes not eligible for shift differentials. Employees in the classification(s) listed below shall not be paid shift differential:

Pharmacist - C - PD

b. Evening shift - General. Per diem employees whose classes are specifically mentioned below, who perform work between the hours of 6:00 p.m. and 11:00 p.m., shall be paid an evening differential as set out below for the time actually worked between 6:00 p.m. and 11:00 p.m.

c. Night shift - General. Per diem employees whose classes are specifically mentioned below and who perform work between the hours of 11:00 p.m. and 7:00 a.m., shall be paid a night differential as set out below for the time actually worked between 11:00 p.m. and 7:00 a.m.

9. Special medical care assignments:

a. Any psychiatrist-entry level-per diem (Job Code 73835), psychiatrist I-per diem (Job Code 73822), psychiatrist II-per diem (Job Code 73826), and psychiatrist III-per diem (Job Code 73830) shall be entitled to a salary differential of two dollars and forty cents ($2.40) per hour worked above their regular rate of pay when assigned to the emergency treatment services facility, inpatient treatment facility or detention health facility, or the Riverside University Health System (RUHS) Medical Center.

b. Any psychiatrist-entry level-per diem (Job Code 73835), psychiatrist I-per diem (Job Code 73822), psychiatrist II-per diem (Job Code 73826), and psychiatrist III-per diem (Job Code 73830) shall be entitled to an hourly differential of forty-two dollars ($42.00) per hour, in addition to their base rate of pay, for all time worked during an evening shift, on a weekend, or on a holiday in the emergency treatment services facility, RUHS Medical Center, or inpatient treatment facility. These classifications shall not be eligible to receive holiday pay under any other provision of this chapter.

c. Standby duty: When placed by the agency/department head specifically on standby duty, any psychiatrist-entry level-per diem (Job Code 73835), psychiatrist I-per diem (Job Code 73822), psychiatrist II-per diem (Job Code 73826), and psychiatrist III-per diem (Job Code 73830), otherwise off duty, shall be paid one-eighth of the hourly base rate of pay for each hour on standby duty, not to exceed twelve (12) hours for each standby duty assignment. Standby duty pay shall cease when the employee reports to work.

10. Shift schedule premium: Employees who work two - three shifts in a given pay period shall receive a two percent differential paid at the employee's base hourly rate of pay for all hours actually worked for that pay period.

Employees who work four or more shifts in a given pay period shall receive an additional three percent differential paid at the employee's base hourly rate of pay for all hours actually worked for that pay period.

For the purposes of this shift schedule premium, a minimum of four hours worked would count towards one shift.

11. Holidays. A per diem employee who works on a holiday shall be paid at the rate of one and one half times the employee's base rate of pay for the hours actually worked.

12. Benefits. No benefits except those expressly provided by statute shall accrue to per diem employees.

13. Termination. All per diem employees shall serve at the pleasure of the agency/department head and shall not be entitled to any review or hearing procedure upon termination by the agency/department head.

(Ord. No. 440.1761, § 10, 9-15-2015; Ord. No. 440.1762, § 10, 1-5-2016; Ord. No. 440.1765, § 10, 5-11-2021; Ord. No. 440.1767, § 10, 12-12-2023; Ord. No. 440.1768, § 10, 1-14-2025; Ord. No. 440.1769, § 10, 7-1-25; Ord. No. 440.1770, § 10, 11-4-25)

Footnotes:

--- (2) ---

Refer to Memoranda of Understanding for personnel rules for employees represented by a Registered Employee Organization, to Board of Supervisor Resolutions for personnel rules for other unrepresented employees, and to the TAP Employee Handbook for personnel rules for TAP employees.

--- (3) ---

This provision for holidays comes from the personal employment contract between Resident Physicians and Surgeons and the Physician Assistant fellows and the hospital.

--- (4) ---

This restriction applies only to county temporary employees and not to regular, seasonal, per diem, or TAP employees.

(a) Definition. "Volunteer worker" means a person who performs authorized voluntary service to the County of Riverside or a department, institution or agency thereof, without pay, for the benefit of the county and in aid of a recognized county purpose. The term does not include members of volunteer fire departments or companies. For the purposes of this section, the volunteer worker must be currently enrolled pursuant to this chapter in order to be recognized as a volunteer worker. A volunteer worker is not an employee.

(b) Volunteer organizations. Any agency/department of the county government may establish one or more organizations of volunteer workers in aid of the purposes of the agency/department or may recognize a private civic organization or delegation thereof as the equivalent. No particular form of organization shall be required; it may be an unincorporated association, a committee or subordinate body of an existing organization, a corporation, or merely a series of individuals sponsored by the agency/department.

(c) Enrollment of volunteer workers. In each agency/department having an organization of volunteer workers, the agency/department, or organization with agency/departmental approval, shall keep within the agency/department a current and continuing roster upon which volunteer workers are enrolled. This shall contain at least the name, address and telephone number, the date of enrollment and the date of termination of the enrollment; if the worker may be expected to drive an automobile in the performance of the volunteer function (other than between the worker's home and the workplace) then the roster shall include the number and expiration date of the worker's operator's license, and the name of company, policy number and expiration date of the worker's liability insurance. Records as to each volunteer worker shall be retained for three years after such worker has terminated.

The agency/department, or with its approval, the organization, shall, as a part of the roster or separately, keep a continuing record of the number of hours worked by each volunteer worker. If the services of any worker shall be terminated, or if the worker shall cease to perform voluntary service, entry of the date of termination shall promptly be made on the roster. Unless otherwise specified the termination of enrollment shall be without prejudice to later re-enrollment. The services of any volunteer worker may be refused or terminated by the agency/department at will, and shall be terminated when deemed in the best interest of the agency/departmental function or of the voluntary services program to do so.

If there is no volunteer organization within the agency/department, individual volunteer workers may be enrolled by the agency/department in the manner set forth in this subsection.

(d) Motor vehicle usage. While unnecessary use of automobiles is to be discouraged, it is recognized that in some volunteer activities motor vehicle usage is indispensable. Privately owned vehicles may be used on express authorization of the agency/department head specifying the purpose. County vehicle use may be authorized only by the county executive officer on recommendation of the agency/department head including appropriate justification. No volunteer worker shall be permitted to drive either a private vehicle or a county vehicle for volunteer business until the worker has presented his or her current operator's license and liability insurance policy with minimum limits in the amounts required by the State for bodily injury or death and property damage, and the necessary data therefrom has been placed on the roster.

(e) Reimbursement of expenses. A volunteer worker who drives a private vehicle duly authorized shall be entitled to reimbursement at a mileage rate currently fixed by the county. Other necessary travel expenses shall be reimbursed at actual cost when authorized by the agency/department. Reimbursement shall be conditional upon claim being promptly made, in no event more than one hundred (100) days after the cost was incurred.

(f) County insurance. Such liability insurance as the county may carry shall be excess insurance over any other valid and collectible insurance, including that provided by the volunteer worker. Volunteer workers are not covered by workers compensation insurance or by county self-insurance for injury or accident arising out of volunteer service.

(g) Reports. Each agency/department, not later than the fifteenth (15 th ) day of each month, shall make a written report for the preceding month showing the total number of volunteer workers who performed services in that month, the total number of hours of such services, the number of new volunteer workers enrolled during the month and the number whose enrollments were terminated. The report shall be filed with the county executive officer, who may inspect the roster at any time, and shall do so at least quarterly to see that the enrollment of inactive workers has been terminated and that other information on the roster is in current condition.

(h) Resolutions. Further rules or regulations in aid of the county's program of voluntary services, or interpretations or extensions of the provisions of this section may be made by resolution of the board of supervisors.

(Ord. No. 440.1761, § 11, 9-15-2015; Ord. No. 440.1762, § 11, 1-5-2016; Ord. No. 440.1765, § 11, 5-11-2021; Ord. No. 440.1767, § 11, 12-12-2023; Ord. No. 440.1768, § 11, 1-14-2025; Ord. No. 440.1769, § 11, 7-1-25; Ord. No. 440.1770, § 11, 11-4-25)

The human resources director shall maintain a current record of all positions allowed for each agency/department. He/she shall cause to be re-published and circulated to the agency/departments from time to time the contents of this chapter together with lists of the positions allowed to the respective agency/departments and shall from time to time supply amendments thereto.

The human resources director may include footnotes in the publication of this chapter for the purpose of referencing other pertinent sections, attachments, or provisions, or to cite a change in the narrative. The human resources director may re-number, and arrange in a logical order, parts of this chapter without affecting the narrative content.

(Ord. No. 440.1761, § 12, 9-15-2015; Ord. No. 440.1762, § 12, 1-5-2016; Ord. No. 440.1765, § 12, 5-11-2021; Ord. No. 440.1767, § 12, 12-12-2023; Ord. No. 440.1768, § 12, 1-14-2025; Ord. No. 440.1769, § 12, 7-1-25; Ord. No. 440.1770, § 12, 11-4-25)

The provisions of this chapter are subject to controlling or limiting provisions of the Constitution and laws of California, and any provisions of this chapter, which are in conflict therewith, shall not be effective to the extent of such conflict.

If any paragraph, sentence, clause, or phrase of this chapter for any reason is held to be unconstitutional or invalid, such shall not affect the remaining portions of this chapter, and the board of supervisors hereby declares it would have passed each paragraph, sentence, clause, and phrase thereof, irrespective of the fact that any one, or more than one sentence, clause, or phrase thereof be declared unconstitutional or invalid.

(Ord. No. 440.1761, § 13, 9-15-2015; Ord. No. 440.1762, § 13, 1-5-2016; Ord. No. 440.1765, § 13, 5-11-2021; Ord. No. 440.1767, § 13, 12-12-2023; Ord. No. 440.1768, § 13, 1-14-2025; Ord. No. 440.1769, § 13, 7-1-25; Ord. No. 440.1770, § 13, 11-4-25)