San Joaquin County Municipal Code Ch. 1 Merit System

Pursuant to the authority granted to it under the provisions of the County Civil Service Enabling Law, Government Code Section 31100 to and including Section 31116, and in order to establish an equitable and uniform procedure for dealing with personnel matters through a Civil Service Commission, and to place County employment on a merit basis for the purpose of obtaining the highest efficiency and assuring that the best qualified persons available shall be brought into the service of the County, the following Merit System is hereby adopted.

(Ord. 518 ½; 761)

(a) There is hereby created a Civil Service Commission, the members of which shall be appointed by the Board. The Commission so appointed shall consist of five (5) members. Each of them shall hold office for a term of four (4) years and until his successor is appointed and qualified. The members shall be selected from among the qualified electors of the County. Vacancies occurring in the Commission shall be filled by appointment by the Board for the remainder of the unexpired term only. The terms of office of two (2) members of the first Civil Service Commission shall be one (1) year. The terms of office of the other members of the first Commission shall be two (2), three (3), and four (4) years respectively. The members thereof shall determine by lot the relative order of the expiration of their terms.

(b) No member of the Civil Service Commission shall hold any other County employment or office, or be a member of any other County Commission, nor shall he have been within one year next preceding his appointment an officer in any political organization.

(c) Each supervisor shall nominate a candidate to be a member of the first Civil Service Commission. A three-fifths (⅗) vote of the entire Board shall be required to elect a member to the Commission. The Board by a four-fifths (⅘) vote of all the members may remove a member of the Commission during his term of office, but only upon stating in writing the reasons for the removal and allowing him an opportunity to be heard in his own defense.

(d) Each member of the Commission shall receive as compensation an amount per diem as may be determined by the Board together with necessary and reasonable traveling expenses while in the discharge of his official duties.

(Ord. 518 ½; 761)

(a) The Commission shall annually elect one of its members Chairman. The Commission shall determine the order of business for the conduct of its meetings, and shall meet on call of the Chairman or three (3) of its members. Three (3) members shall constitute a quorum for the transaction of business.

(b) The Manager of Personnel and Employee Relations, or his designee, shall serve as Secretary to the Commission. He shall be responsible to the Commission for carrying out all procedures in the administration of the classified personnel in conformity with the provisions of this chapter and the rules of the Commission. He shall keep an official record of all action taken by the Commission, and shall prepare, or cause to be prepared, an annual report which shall be amended or approved by the Commission and submitted to the Board.

(Ord. 518 ½; 761; 1272; 2548)

All officers and employees of the County shall be included in the Merit System except the following:

(a) The following Department Heads: County Counsel; County Probation Officer; Public Defender; County Administrator; Director of Public Works; Director of Purchasing and Support Services; Agricultural Commissioner/Sealer; Director of Community Development; Director of Health Care Services; Airport Director; Clerk of the Board Supervisors; Director of Child Support Services; Director of Employment and Economic Development; Director of Environmental Health Services; Director of General Services; Director of Human Resources; Director of Human Services; Information Systems Director/Chief Information Officer; Hospital Chief Executive Officer; Registrar of Voters; Director of Emergency Operations; Federally Qualified Health Center (FQHC)-Project Director and the head of any County Department hereafter created.

(b) Members of appointive boards and commissions.

(c) The following Department Heads: County Counsel; County Probation Officer; Public Defender; County Administrator; Director of Public Works; Director of Purchasing and Support Services; Agricultural Commissioner/Sealer; Director of Community Development; Director of Health Care Services; Airport Director; Director of Child Support Services; Director of Employment and Economic Development; Director of Environmental Health Services; Director of General Services; Director of Human Resources; Director of Human Services; Information Systems Director/Chief Information Officer; Hospital Chief Executive Officer; Registrar of Voters; Director of Emergency Operations; Federally Qualified Health Center (FQHC)-Project Director and the head of any County Department hereafter created.

(d) Student nurses, emergency hospital nurses, student technicians, and interns, externs, and resident doctors and fellows on the staff of County institutions.

(e) Employments of an emergency nature as defined in Subsection (n) of Section 2-5004.

(f) Except as otherwise required by State regulation, all physicians in County service who are employed full time.

(g) Except as otherwise required by State regulations, all physicians in County who are not employed full time.

(h) Clerk of the Board; Assistant County Administrator; Assistant Director of Health Care Services; Chief Deputy Director, Public Health Services; Senior Deputy Director, Public Health Services; Deputy Director, Public Health Services; Chief Deputy Director, Behavioral Health Services; Senior Deputy Director, Behavioral Health Services; Finance Director-Health Care Services; Senior Deputy Director-San Joaquin General Hospital (Clinical); Deputy Director-San Joaquin General Hospital (Nursing); Deputy Director II- San Joaquin General Hospital; Deputy Director I-San Joaquin General Hospital; Public Guardian/Conservator; Director of Human Resources; Assistant Human Resources Director; Assistant Public Defender; Chief Deputy Director-Public Works; Deputy Director-Public Works; Assistant Sheriff-Public Administrator; Assistant District Attorney; Chief Deputy District Attorney; Chief District Attorney Investigator; Deputy Director of Building Inspection; Deputy Director of Planning; Chief Deputy Treasurer; Assistant Treasurer-Tax Collector; Assistant County Counsel; Board Secretary; Chief Deputy County Counsel; Public Health Officer; Assistant Health Officer; Assistant Registrar of Voters; Assistant Agricultural Commissioner/Sealer; Chief Information Officer-HCS; Information Systems Assistant Director; Assistant County Probation Officer; Deputy Clerk of the Board II; Deputy Clerk of the Board I; Chief Deputy Public Defender; Parks Administrator; Capital Projects Administrator; Director Mary Graham Children's Shelter; Assistant Assessor/Recorder/County Clerk; Assistant Auditor Controller; Assistant Retirement Administrator; Assistant Director of Child Support Services; Assistant Chief District Attorney Investigator; Behavioral Health Officer; First 5 San Joaquin Executive Director; Deputy Finance Director, Health Care Services; EEDD Economic Development Director; Integrated Waste Manager; Water Resources Coordinator; Emergency Medical Services Administrator; Chief Deputy, Revenue and Recovery; Deputy Director - Purchasing Support Services; Assistant Clerk of the Board; Deputy Director - Employment & Training; Undersheriff; Engineering Services Manager; Perioperative Services Director; Hospital Chief Financial Officer, Hospital Chief Nursing Officer; Deputy Director Human Services Agency; Physician; Psychiatrist; Physician Manager; Chief Medical Officer; Chief Deputy Clerk of the Board; Chief Deputy County Administrator; Office Assistant-Exempt; Senior Office Assistant-Exempt; Senior Deputy County Administrator, Veterans Service Administrator; Assistant Director of General Services; Assistant Director of Human Services; Director of Public Health Laboratory Services; Assistant Director of Public Health Laboratory Services; Deputy Director-Health Care Services-Administrative; Deputy Director-Behavioral Health Services-Clinical, Deputy Director-Programs and Administration; Assistant Director of Community Development; Assistant Director-Environmental Health; Airport Deputy Director; Retirement Investment Officer; Correctional Assistant Sheriff; Deputy Director of Emergency Operations; Hospital Chief Operating Officer; Deputy Director-Trauma; Program Administrator-Homeless Initiatives; Chief Medical Examiner; Deputy County Administrator; Deputy Director-Health Care Services-Fiscal; Deputy Directo -Hospital Human Resources; Medical Examiner Operations Administrator; Office Secretary-Exempt; Correctional Health Administrator; Code Enforcement Division Chief; Deputy Director-Case Management; Public Information Specialist-Exempt; Enterprise Resource Planning Manager; Senior Deputy Director Behavioral Health Services-Clinical; Retirement Legal Counsel; Chief Information Security Officer; Board of Supervisors Aide; Deputy Director-Public Works Administration; Senior Deputy Director-Public Health Services Nursing; and Deputy Director-SJ Health-Clinical: provided that any County employee who was promoted or appointed to any of the above enumerated positions prior to February 28, 2020, shall retain such civil service tenure with respect to dismissal from employment with the County and shall also retain such civil service rights with respect to displacing less senior employees in the case of layoffs as the incumbent may have had at the time of appointment to such civil service exempt position. Any County employee promoted or appointed to any of the above-enumerated positions after February 27, 2020, do not retain any of their prior civil services rights.

(i) Persons performing work as independent contractors.

(j) Persons serving the County without compensation.

(k) Investigators, detectives, or other persons paid from the special funds furnished by the District Attorney and Sheriff under the provisions of Sections 29400 et seq. of the Government Code of the State of California.

(l) Board of Supervisors' Chief of Staff, except that there shall be but one (1) such position for each member of the Board, who shall be appointed by the Board of Supervisors.

(m) Special Assistant to the County Counsel.

(n) Any person employed pursuant to a Federal or State new career concept program.

(o) Any person employed by contract pursuant to a Federal, State, or other grant of limited purpose and duration who provides services requiring professional or technical skills for the specific purpose and duration indicated in said grant.

(p) The Office Occupations Clerk.

(q) Persons employed as Substance Abuse Counselor Trainee, Substance Abuse Counselor I, Substance Abuse Counselor II, Substance Abuse Chief Counsel and/or Substance Abuse Director in the San Joaquin County Department of Health Care Services.

(r) Persons employed as Community Services Coordinators, for a Neighborhood Community Center, under the direction of the Director, San Joaquin County Department of Parks and Recreation.

(s) All employees hired by contract pursuant to Section 31000 of the Government Code.

(Ord. 518 ½; 761; 1272; 1329; 1356; 1397; 1456; 1478; 1570; 1799; 1831; 2043; 2135; 2162; 2163; 2178; 2197; 2341; 2364; 2520; 2548; 2581; 2749; 2800; 2818; 2883; 2930; 2931; 2932; 2933; 2986; 2987; 2989; 2994; 2999; 3002; 3015; 3038; 3040; 3056; 3057; 3109; 3124; 3135; 3152; 3160; 3163; 3175; 3184; 3204; 3217; 3236; 3255; 3279; 3296; 3299; 3305; 3324; 3326; 3333; 3336; 3348; 3382; 3386; 3389; 3391; 3403; 3418; 3458; 3470; 3477; 3483; 3484; 3487; 3558; 3578; 3581; 3593; 3641; 3646; 3669; 3692; 3719; 3725; 3762; 3769; 3778; 3785; 3808; Ord. 3834, § 1, 1995; Ord. 3845, § 1, 1995; Ord. 3885, § 1, 1996; Ord. 3896, § 1, 1996; Ord. 3898, § 1, 1996; Ord. 3915, § 1, 1997; Ord. 3925, § 1, 1997; Ord. 3928, § 1, 1997; Ord. 3942, § 1, 1997; Ord. 3947, § 1, 1997; Ord. 3962, § 1, 1998; Ord. 3969, § 1, 1998; Ord. 3979, § 1, 1998; Ord. 3992, § 1, 1998; Ord. 3997, § 1, 1998; Ord. 4004, § 1, 1998; Ord. 4012, § 1, 1999; Ord. 4032, § 1, 1999; Ord. 4042, § 1, 1999; Ord. 4045, § 1, 1999; Ord. 4050, § 1, 2000; Ord. 4065, § 1, 2000; Ord. 4088, § 1, 2000; Ord. 4094, § 1, 2000; Ord. 4098, § 1, 2001; Ord. 4099, § 1, 2001; Ord. 4107, § 1, 2001; Ord. 4117, § 1, 2001; Ord. 4138, § 1, 2002; Ord. 4140, § 1, 2002; Ord. 4146, § 1, 2002; Ord. 4148, § 1, 2002; Ord. 4158, § 1, 2002; Ord. 4170, § 1, 2002; Ord. 4180, § 1, 2002; Ord. 4183, § 1, 2003; Ord. 4188, § 1, 2003; Ord. 4200, § 1, 2003; Ord. 4203(b), § 1, 2003; Ord. 4230, § 1, 2004; Ord. 4237, § 1, 2004; Ord. 4238, § 1, 2004; Ord. 4240, § 1, 2005; Ord. 4253, § 1, 2005; Ord. 4269, § 1, 2005; Ord. 4284, § 1, 2005; Ord. 4293, § 1, 2006; Ord. 4294, § 1, 2006; Ord. 4310, § 1, 2006; Ord. 4311, § 1, 2006; Ord. 4315, § 1, 2007; Ord. 4318, § 1, 2007; Ord. 4321, § 1, 2007; Ord. 4350, § 1, 2008; Ord. 4362, § 1, 2008; Ord. No. 4375, § 1, 7-7-2009; Ord. No. 4390, § 1, 4-6-2010; Ord. No. 4391, § 1, 6-22-2010; Ord. No. 4415, § 1, 10-4-2011; Ord. No. 4424, § 1, 8-7-2012; Ord. No. 4425, § 1, 8-7-2012; Ord. No. 4426, § 1, 12-11-2012; Ord. No. 4442, § 1, 9-10-2013; Ord. No. 4446, § 1, 2-11-2014; Ord. No. 4450A, § 1, 7-8-2014; Ord. No. 4452, § 1, 8-26-2014; Ord. No. 4458, 2-24-2015; Ord. No. 4461, 4-7-2015; 4470, 11-10-2015; Ord. No. 4481, § 1, 8-9-2016; Ord. No. 4496, 8-22-2017; Ord. No. 4498, § 1, 11-7-2017; Ord. No. 4503, § 1, 1-23-2018; Ord. No. 4511, 7-24-2018; Ord. No. 4517, 10-9-2018; Ord. No. 4521, § 1, 12-11-2018; Ord. No. 4524, 2-2-2019; Ord. No. 4525, 2-26-2019; Ord. No. 4545, 1-28-2020; Ord. No. 4549, 1, 2-11-2020; Ord. No. 4551, 1, 2-25-2020; Ord. No. 4556, 6-9-2020; Ord. No. 4581, 8-1—2021; Ord. No. 4585, 9-28-2021; Ord. No. 4589, § 1, 12-14-2021; Ord. No. 4593, § 1, 2-15-2022; Ord. No. 4596, 3-22-2022; Ord. No. 4607, 10-18-2022; Ord. No. 4619, § 1, 1-24-2023; Ord. No. 4621, 4-25-2023; Ord. No. 4624, 5-23-2023; Ord. No. 4635, 10-24-2023; Ord. No. 4637, 11-7-2023; Ord. No. 4640, 3-12-2024; Ord. No. 4644, 5-14-2024; Ord. No. 4654, 9-10-2024; Ord. No. 4669, 4-8-2025; Ord. No. 4681, 11-4-2025; Ord. No. 4688, 2-10-2026; Ord. No. 4689, 4-14-2026)

Subject to approval of the Board, the Commission shall prescribe, amend, and enforce rules for the classified service to carry out the provisions of this chapter, which rules shall have the force and effect of law, shall keep minutes of its proceedings and records of its examinations, and shall, as a Commission, or any designated part thereof, make investigation concerning the enforcement and effect of this chapter and of the rules and efficiency of the service. It shall make an annual report to the Board.

The rules shall, among other things, provide:

(a) For the classification of all positions under the Merit System.

(b) For competitive examinations to test the relative fitness of applicants for entrance to and promotion within the Merit System.

(c) For the holding of hearings on the adoption and amendment of rules and on other matters.

(d) For appointment to vacant positions in the classified service from eligible lists resulting from open competitive examinations or promotional examinations or by transfer, demotion, re-employment, or reinstatement.

(e) For public advertisement of all examinations.

(f) For the creation of eligible lists on which shall be entered the names of successful applicants in the order of their standing in examination. These lists shall remain in force for at least one (1) year, but shall not exceed three (3) years.

(g) For the rejections of applications or eligibles who fail to comply with the reasonable requirements of the Commission in regard to residence, citizenship, sex, physical condition, or who have been guilty of crime or infamous or disgraceful conduct or who have attempted any deception or fraud in connection with an examination or application for an examination.

(h) That Department heads, boards, or officers possessing by virtue of law the power to appoint, shall appoint only those available persons who are legally certified from an appropriate eligible list.

(i) For a period of probation of one (1) year before the appointment or promotion is made complete, during which period a probationer may be discharged or reduced without right of hearing on the matter and his name may be removed from the eligible list.

(j) For a procedure based on efficiency and seniority by which employees may be laid off whenever it is necessary to abolish positions because of lack of work or lack of funds or in the interests of economy, and for the establishment of re-employment lists and the determination of priority of names on re-employment lists, and for the priority of re-employment lists over eligible or promotional lists resulting from examination.

(k) For certificates for eligibles in the following order of priority: re-employment lists, promotional lists, eligible lists.

(l) For temporary appointment of persons from suitable lists for a period not to exceed nine (9) months. The acceptance or refusal to accept such temporary appointment on the part of the person on the eligible list shall not be a bar to appointment to a permanent position from said eligible list.

(m) For provisional appointment when there is no available appropriate eligible list and pending an examination.

(n) For emergency appointment without reference to eligible lists, when the appointments are found necessary to prevent stoppage of public business, loss of life, or damage to persons or property.

(o) For transfer from one position to a similar position in the same class and for reinstatement within three (3) years of persons who have resigned in good standing.

(p) For promotion based on competitive examination and records of efficiency, character, conduct, and seniority. The Commission shall allow a uniform credit or percentage to be added to the rating based on length of service. Lists shall be created and promotion made therefrom in the same manner as prescribed for original appointment. Whenever practicable vacancies shall be filled by promotion.

(q) For suspensions for not longer than thirty (30) days and for leaves of absence without pay, sick leave and vacation with pay. Any employee who leaves or has left the service of the County to enter the Armed Forces of the United States at any time under the Selective Service Act or in times of emergency or during a war shall be on leave of absence until ninety (90) days after termination of his service and shall be returned to the position and status held by him at the time of his induction or enlistment upon his application to the Civil Service Commission before expiration of the leave of absence.

(r) For the separation from the service of employees through lay-offs, suspension, or dismissal, and for demotions or leaves of absence for incapacity to perform required duties.

(s) For the dismissal, suspension, or reduction in rank of any permanent officer or employee under the Merit System in accordance with the procedure provided in the County Civil Service Enabling Law.

(t) That the minimum qualifications or standards prescribed for any class or grade of employment shall not be less than those which have been or may hereafter be prescribed for such County officers and employees by the Legislature.

(Ord. 518 ½; 761; 2113)

All provisional employees of the County who may have been granted status as permanent Civil Service employees or as probationary Civil Service employees pursuant to Ordinance No. 698 adopted April 1, 1957, entitled "An Ordinance Amending Ordinance No. 518 ½, as Amended, Being an Ordinance Creating and Establishing a Merit System for Said County Pursuant to the County Civil Service Enabling Act", which ordinance is hereby repealed, and the rules of the Civil Service Commission adopted thereunder, shall retain their status subject to being discharged, reduced, promoted, or transferred in accordance with the provisions of Ordinance No. 518 ½ as amended.

(Ord. 761)

Whenever the County assumes an activity previously performed by another governmental entity or by private enterprise, an employee of the superseded organization shall be assigned to a position in County service similar in duties and compensation to the position that he held in the superseded organization. The Personnel Director shall determine what constitutes similar duties and compensation in County service.

(Ord. 1516)

Notwithstanding the provisions of Section 2-5006, the following conditions shall be applicable to all such employees:

(a) An employee of a superseded organization must meet the minimum education, experience, and special requirements of the class established by the Civil Service Commission for the class of position in which he acquires status.

(b) The employee shall not be required to take an examination to retain his position, but shall not be promoted to any other classified position in the Merit System unless he meets the same requirements required of other employees for promotion.

(c) The employee may be inducted into the Merit System at the step of the salary range nearest to the salary he was receiving as an employee of the superseded organization, provided that such salary is not higher than the maximum salary assigned to the class of position in which he is hired.

(d) For purposes of step increments, retirement, seniority, sick leave, vacation benefits, or any other compensation, the employee shall be treated in the same manner as a new County employee unless otherwise specified by the Board of Supervisors.

(e) In the event that an employee of a superseded organization does not meet the requirements for County employment as provided in paragraph (a) of this section, the employee may be hired in the next lower class for which he meets the requirements in accordance with the provisions of the salary ordinance or he may be hired as a temporary employee subject to the provisions of temporary employment in such class and at such salary as approved by the Board upon the recommendation of the County Administrator.

(f) An employee with less than one year of service shall be given probationary status and shall be required to serve a probationary period of one year unless otherwise specified by the Board of Supervisors.

(g) An employee with one year of continuous service in the superseded organization in a position similar in duties and compensation to that class in which he is placed in the Merit System may be given permanent Merit System status, or may be required to serve a probationary period of one year.

(h) An employee with one year of continuous service in the superseded organization but not in a position similar in duties and compensation to that class in which he is placed in the Merit System shall be given probationary status and shall be required to serve a probationary period of one year of continuous service, unless otherwise specified by the Board of Supervisors.

(i) An employee of a superseded organization shall be required to meet the same physical standards required of other applicants for County employment, except that such employee with remedial physical impairments may be hired upon approval of the Senior Medical Examiner. Such employee may be required as a condition to employment to seek correction of his physical impairments within a reasonable period of time and may be required to execute a waiver of any and all rights to a disability retirement under the County Employees Retirement Law of 1937 as provided in Section 31009 of the Government Code.

(Ord. 1516; 2212)

All examinations shall be impartial and shall deal with the duties and requirements of the positions to be filled. When oral tests are used a record shall be made of the criteria and standards of rating used, but it need not necessarily include a verbatim account of each test. The Board may at the request of the Commission contract with the legislative body of any other city or county or with any State department or with any competent person or agency for the conducting of competitive examinations provided for herein to ascertain the fitness of applicants for employment and for the performance of any other service in connection with personnel selection and administration.

(Ord. 518 ½; 761)

Veterans and unmarried widows and widowers of the veterans of the United States Armed Forces who have been honorably discharged and who have served from April 6, 1917 to November 11, 1918, or from September 16, 1940 to December 31, 1946, or from June 27, 1950 to January 31, 1955, or from August 5, 1964 to May 7, 1975, or for the Persian Gulf War, from the period beginning on August 2, 1990, and ending on the date thereafter prescribed by Presidential Proclamation or by law, indicating the termination of the Persian Gulf War or for those who have served in any expedition of the Armed Forces of the United States for which a medal was authorized shall be credited with a veteran's preference. The preference shall apply only on passing ratings on entrance examinations. It shall be five percent (5%) of the total rating received on the examination. It shall be ten percent (10%) for disabled veterans if they have a current disability rating of ten percent (10%) or more. This ten percent (10%) preference does not apply to entrance examinations for the Sheriff's Department.

(Ord. 761; 2882; 3647)

The Board shall appropriate the funds necessary to carry out the provisions of this chapter.

(Ord. 761)

All persons holding full time positions in the classified service as established by this chapter, for six (6) months immediately preceding November 2, 1948, being the date of approval of Ordinance No. 518 ½ by the electors of this County, shall hold their positions until discharged, reduced, promoted, or transferred in accordance with the provisions of this chapter. Any other persons holding positions or employment in the classified service prior to November 2, 1948, shall be regarded as holding the positions of employment as probationers serving out the balance of their probationary periods before obtaining regular status. The position in which each person shall acquire permanent or probationary status under this section shall be as classified by the Civil Service Commission not later than July 1, 1949, which classification shall be based on duties and responsibilities as of the date of Ordinance No. 761. The Commission shall maintain a record of all persons in the County classified service, showing in connection with each name the position held and the date and character of every appointment and of every subsequent change in status. Each appointing officer shall promptly transmit to the Commission all information required for the establishment and maintenance of this record.

(Ord. 518 ½; 761)

The Commission shall have the power to subpoena and require the attendance of witnesses and the production by them of books and papers pertinent to any investigation or hearing conducted by the Commission under this chapter, and each Commissioner shall have the power to administer oaths to these witnesses.

(Ord. 518 ½; 761)

No person in the classified service, or seeking admission thereto, shall be appointed, reduced, or removed, or in any way favored or discriminated against because of his race, or political or religious opinions or affiliations.

(Ord. 518 ½; 761)

Whenever the Personnel Director determines that any person is illegally holding a position or is otherwise not entitled to compensation, he shall notify the Auditor-Controller.

(Ord. 761)

No employee under the Merit System shall engage in improper political activity as that term is defined in the rules of the Civil Service Commission.

(Ord. 761)

This chapter may be amended by a four-fifths (⅘) vote of the Board without submitting the same to a vote of the people; but no amendment abolishing the Civil Service System shall be effective unless the proposition of its adoption shall first have been submitted to a vote of the qualified electors of the County at a general or special election and shall have received the affirmative vote of a majority of the electors voting on the proposition.

(Ord. 518 ½; 761)

This chapter shall be known as, and may be cited as, the San Joaquin County Civil Service Ordinance.

(Ord. 761)