M 14,744 15,480 16,255 17,068 17,921

Officers and employees whose salaries are set on an annual basis will be paid according to a bi-weekly schedule with any required adjusting amount being added to the first bi-weekly pay period of each calendar year.

(Ord. 1491; 1686; 2809; Ord. 3907 § 1, 1996)

2-5204 - Repealed by Ord. 2809. 2-5205 - ADVANCEMENTS WITHIN RANGE.

Any regular employee shall be required to serve a merit advancement period of twenty-six (26) bi-weekly pay periods on each step of the salary range assigned to the class of which the employee is an incumbent before becoming eligible for advancement to the next higher step of such salary range. The performance of each employee eligible for such advancement within such salary range shall be reviewed annually by such employee's appointing authority for the purpose of determining whether such employee should be advanced to the next higher step of such salary range. Such advancements shall be made by the County Auditor- Controller only on the affirmative recommendation as to merit by such employee's appointing authority and the verification by the Manager of Personnel and Employee Relations as to such employee's advancement eligibility. Advancement from one step to the next higher step within a salary range shall not be given to any employee whose overall performance is evaluated as less than satisfactory.

Except as provided in Sections 2-5201.1 and 2-5208 of this code, advancement within a salary range shall not be made more frequently than once a year nor shall such advancement be more than one step within a salary range at one time. No provision in this code shall be construed as requiring the County to advance employees within a salary range.

The County Administrator shall make recommendations to the Board regarding advancements within a salary range for an appointed department head, excluding the County Probation Officer. The Presiding Judge of the Superior Court shall approve or disapprove advancements within a salary range for the County Probation Officer.

(Ord. 2809)

2-5205.1 - ANNIVERSARY INCREASES WITHHELD.

Any anniversary increase withheld because of administrative oversight or inadvertence shall be made retroactive to the normal effective date of the anniversary increase. Any anniversary increase withheld for cause but, upon appeal, adjudicated in favor of the employee, shall be made retroactive to the normal effective date of the anniversary increase or some intervening date determined by the adjudicating party. If the anniversary increase is made retroactive to the normal effective date of the anniversary increase, the

employee shall retain the employee's current anniversary date. If some intervening date is determined by the adjudicating party, the employee shall not be eligible for the employee's next merit advancement for twenty- six (26) bi-weekly pay periods from the intervening date.

(Ord. 2430; 2705)

2-5206 - SALARY RANGE ASSIGNMENTS AND POSITION ALLOCATIONS.

The Board, by resolution, shall assign salaries or salary ranges to all officers and employees of the County, including the Auditor and the District Attorney. The Board shall, by ordinance, prescribe the compensation of the members of the Board; such ordinance shall become effective sixty days after its adoption.

The number and classes of positions permitted in each office or department shall be fixed and determined by order or resolution of the Board.

No fees or salaries for grand or trial jurors shall be fixed or allowed by the Board.

(Ord. 1284; 2068)

2-5206.5 - Repealed by Ord. 2068. 2-5207 - FILING VACANCIES AT LOWER CLASSIFICATION.

Whenever a vacancy exists in a budgeted position, the appointing authority may fill the vacancy at the next lower-paid class in the series if:

(a)

The Personnel Director determines that the typical tasks and duties of the lower-paid class are basically the same as required for the higher-paid class; and

(b)

The Personnel Director approves such action. The appointing authority may subsequently promote such person to the class level authorized provided such person is certified by the Personnel Director as eligible. In any event, the total number of eligibles to be certified shall in no case exceed the number that would be certified if the position were filled at the higher level.

(Ord. 1284)

2-5208 - SALARY UPON APPOINTMENT.

(a)

Except as provided in subsection (c), new regular or temporary employees shall be appointed at the first step of the salary grade adopted for the class of position to which appointment is made.

(b)

Regular employees are reemployed from a reemployment list shall be appointed at the same step of the salary grade at which they were employed on the effective date of layoff.

(c)

When recruitment difficulties exist, and on the recommendation of the Director of Human Resources and the County Administrator, new or current regular and temporary employees may Be appointed above the first step of the salary grade for the class position to which appointment is made. When an appointment above the first step of a salary grade is made as provided in this section, incumbents of allocated positions in the same class who have qualifications above the minimum requirements set forth in the class specifications and who are on a salary grade step lower than the salary grade step of the new regular employee may be raised to a higher salary grade step, up to such new regular employee's salary grade step upon the request of an employee's appointing authority, the recommendation of the Director of Human Resources and the approval of the County Administrator. Notwithstanding any of the provisions of this code regarding merit advancement days, the merit advancement days of regular employees in the class of position to which the new regular employee is appointed may be changed in order to retain equitable relationships as recommended by the Director of Human Resources and approved by the County Administrator.

(Ord. 1284; 1617; 2702; 2809; 3684; Ord. 4338 § 1, 2007)

2-5209 - MERIT ADVANCEMENT PAY.

For the purpose of determining eligibility for step advancement, employees shall have their merit advancement day calculated as follows:

(a)

Each employee appointed prior to the effective date of Ordinance No. 1284 shall have his anniversary date adjusted to merit advancement day, being the first day of the first bi-weekly pay period preceding his previously established anniversary date, unless his anniversary date falls on the first day of a bi-weekly pay period, in which case the previously established anniversary date shall become the first merit advancement day. Such employee may receive a step advancement on the merit advancement day as established herein even though he may not have served fifty-two (52) weeks from his previously established anniversary date. Succeeding merit advancement periods will be in accordance with Section 2-5203.

(b)

The merit advancement day of each employee appointed on or after the effective date of Ordinance No. 1284 shall be the first day of the bi-weekly pay period following the date of appointment, unless such appointment is made on the first work day of a bi-weekly pay period, in which case the first day of that bi- weekly pay period shall be the merit advancement day of the employee.

(Ord. 1284)

2-5210 - PROMOTION.

Whenever an employee is appointed to a position at a higher salary range, the employee's base salary shall be adjusted to the first step of the new range or to the step which is at least five percent (5%) higher than the base salary excluding any supplement or out-of-class pay which the employee was receiving prior to the promotion, Whichever is higher, providing that such salary is within the new salary range. If the employee receives an increase of not more than six and one-quarter percent (6.25%) upon promotion, the employee shall retain the employee's previous merit anniversary date except that the employee shall not be eligible to

receive a merit increase during the twenty-six (26) weeks immediately following promotion. Employees whose merit increase is delayed during this twenty-six (26) week period shall receive a new merit advancement day which shall be fifty-two (52) weeks after their merit increase following their promotion.

If an employee receives in excess of six and one-quarter percent (6.25%) upon promotion, the employee's merit advancement day shall be fifty-two (52) weeks after the date of promotion and the employee shall not be eligible to receive a merit increase until such date.

(Ord. 1693; 2705)

2-5211 - SALARY WHERE ADJUSTMENT OCCURS ON MERIT ADVANCEMENT DAY.

Whenever an employee is promoted and receives a range change or his position is reclassified to a class having a higher salary range, on his merit advancement day he shall first receive the merit advancement increase to which he may be entitled and then receive such increases to which he may be entitled in the following order: salary adjustment, reclassification, promotion.

(Ord. 1284)

2-5212 - DEMOTION.

If an employee is demoted to a position having a lower salary range because of lack of work or funds, or in the interests of economy, or for any reason other than discipline, the employee so demoted shall receive the next lower salary in the range assigned to the new position. The employee's merit advancement day shall remain the same.

(Ord. 2184)

2-5213 - "Y" RATES.

Whenever an incumbent of an exempt position accepts a demotion, for reasons other than a disciplinary action, to a class of position having a lower salary range, the Board may direct that the capital letter "Y" be set opposite the position to which the incumbent was demoted in the department budget and all payroll and other personnel records. Whenever the effect of a reclassification is to place the incumbent in a class having a lower salary range, the Board, upon the recommendation of the Civil Service Commission, may direct that the capital letter "Y" be set opposite the reclassified position in the department budget and all payroll and other personnel records. Whenever the "Y" is set opposite a position, the incumbent shall continue to receive his previously authorized salary until termination of his employment in the position, or until a higher rate of pay may be authorized.

(Ord. 2184; 3108)

2-5214 - PAY FOR WORKING ABOVE CLASS.

A department head may temporarily assign any regular employee to perform duties normally assigned to a classification with a higher salary without changing the salary of such employee provided the temporary assignment does not exceed five work days in a thirty calendar day period or twenty work days in a one hundred and eighty calendar day period. If an employee is assigned to a classification with a higher salary classification for more than five work days in a thirty calendar day period or twenty work days in a one

hundred and eighty calendar day period, such employee shall be compensated, beginning with the sixth day of such above-class assignment, at a rate of pay which is five percent higher than such employee's current base salary provided that such compensation is not higher than Step E of the salary assigned to the higher classification. If a five percent increase is higher than Step E of the higher classification, the employee shall be paid at a rate equal to Step E of the higher classification. Such action and assignment must receive prior approval of the Manager of Personnel and Employee Relations.

Employees who are being paid for working in a higher classification are not eligible for merit increases in the higher classification. Whenever an employee receives a merit increase in the employee's regular classification while working in the higher classification or the employee's regular salary is otherwise increased or decreased, the employee's pay for working above class shall be adjusted so that the employee continues to be compensated at a rate which is five percent higher than the employee's base salary or Step E of the higher classification, whichever is less.

(Ord. 1284; 1693; 2271; 2297; 2500; 2705)

2-5214.1 - TEMPORARY PROMOTION.

Whenever an employee is promoted on a temporary basis to fill a vacant position as a result of a leave of absence of an incumbent of that position or pending appointment of another person to that position or is promoted for a period which does not exceed one (1) year, the promotion shall be designated as a temporary promotion, and his salary shall be set as herein provided for a regular promotion. At such time as he returns to his former position at the end of the period of such temporary promotion, his merit advancement day shall be the same as if the temporary promotion had not occurred, and he shall be placed on the step of the range applicable to the previous position as if the temporary promotion had not occurred.

(Ord. 2271)

2-5215 - CONTINUOUS SERVICE.

Leaves of absence without pay taken during an employee's annual merit advancement period shall be cumulative.

Such leaves expressed in terms of bi-weekly pay periods or fraction thereof, excluding an accumulative total of ten (10) working days, shall cause an employee's merit advancement day to be postponed the number of full bi-weekly pay periods as will equal the total of such leave taken.

The next succeeding merit advancement period shall commence with the newly assigned merit advancement day.

Any leave with pay or that which is covered by Workmen's Compensation Insurance, in itself, would not cause a change in the merit advancement day.

Notwithstanding the provisions of Section 2-5224 of this Ordinance Code, employees who are receiving temporary disability indemnity payments under Division 4 of Division 4.5 of the Labor Code shall accumulate vacation, holidays, and sick leave during the period of time that they are drawing such temporary disability indemnity.

(Ord. 1284; 2175)

2-5216 - MILITARY LEAVE OF ABSENCE.

Any employee who is granted a military leave of absence to serve in the armed forces of the United States shall have his seniority, as far as salary increments are concerned, continue as if the person had remained on the County payroll. The person shall be reinstated from the military leave of absence at the same step in the salary range that he would have been eligible to receive had he not been granted the military leave of absence.

(Ord. 1284)

2-5217 - APPLICATION OF SICK LEAVE AND VACATION RULES.

The vacation and sick leave provisions of this chapter shall apply to all employees with the exception of elected officials who shall not be subject to such provisions.

(Ord. 1284)

2-5217.1 - APPLICATION OF RULES FOR COMPENSATION FOR HOLIDAYS FOR AIRPORT OPERATIONS PERSONNEL.

Notwithstanding the provisions of Sections 2-5237, 2-5237.1 and 2-5238, a regular employee in the Airport Operations Deputy series, except the Deputy Airport Manager-Operations, shall be compensated in cash for holidays (except in birthday holiday) by the payment of an additional 16.8 hours per holiday whether the employee is on or off duty on such holiday and no other additional cash compensation or additional time off shall be authorized. Such employee shall be entitled to take twenty-four (24) hours off for their birthday but must take it before the next anniversary date of their birth. Such holiday shall be scheduled at a time mutually agreeable to the employee and the department head.

(Ord. 2239; 2500; 2705; 3106)

2-5217.5 - ADJUSTMENT OF AIRPORT OPERATIONS OFFICER SERIES VACATION AND SICK LEAVE BALANCES.

Whenever a modification is made in the average number of hours worked bi-weekly by employees in any class in the Airport Operations Officer Series, an adjustment shall be made in the vacation and sick leave balances of such employees which were accumulated immediately prior to the effective date of such modification. Such adjustment shall be made by multiplying such balances by the factor obtained by dividing the new average number of hours worked by the old average number of hours worked.

(Ord. 2073; 2239; 3106)

2-5218 - Repealed by Ord. 2049. 2-5219 - VACATION ACCRUAL AND ACCUMULATION.

Each regular employee shall accrue and accumulate vacation at various rates as set forth below based on length of continuous service of such employee for each straight-time hour of paid time on payroll. Except in the case of termination from County service or as provided in Section 2-5234, no regular employee may use accumulated vacation time prior to completing thirteen (13) full bi-weekly pay periods on payroll.

(a)

Regular employees in the Airport Operations Deputy series, excluding the Deputy Airport Manager- Operations:

(1) (2) (3) (4) (5)

Full Continuous Hourly Accrual Maximum Bi- Approx. Hours Maximum

Bi-weekly Payroll Rate weekly Accrual Annual Accrual Accumulation Periods Hours Hours

Less than 78 .0385 4.312 112 224

78, but less than .0577 6.462 168 336 312

312 or more .0770 8.624 224 448

(b)

Regular employees in the Executive and Senior Management Representation Units and Regular Employees in Registered Nurse classes as provided in any Memorandum of Understanding approved by the Board of Supervisors:

(1) (2) (3) (4) (5)

Full Continuous Hourly Accrual Maximum Bi- Approx. Hours Maximum

Bi-weekly Payroll Rate weekly Accrual Annual Accrual Accumulation Periods Hours Hours

Less than 312 .0577 4.616 120 240

312 or more .0770 6.160 160 320

(c)

All other regular employees:

(1) (2) (3) (4) (5)

Full Continuous Hourly Accrual Maximum Bi- Approx. Hours Maximum

Bi-weekly Payroll Rate weekly Accrual Annual Accrual Accumulation Periods Hours Hours

Less than 78 .0385 3.080 80 160

78, but less than .0577 4.616 120 240 312

312 or more .0770 6.160 160 320

Except as provided in Section 2-5221.5, upon reaching the maximum accumulation of vacation indicated in column (5) above, employees shall not accumulate additional vacation until such accumulation is reduced below the maximum. Leave without pay or disciplinary suspension shall delay the advancement to the next higher accrual rate until the employee has been on payroll for the number of straight-time hours which is equal to the number of hours in the number of full continuous bi-weekly payroll periods specified in subsections (a), (b) and (c) of this section.

(Ord. 1538; 2049; 2430; 2500; 2705; 3106)

2-5220 - VACATION AND SICK LEAVE—PART-TIME REGULAR EMPLOYEES.

Each employee holding a regular budgeted part-time position with the County shall accrue vacation benefits and sick leave benefits for each straight-time hour of paid time as provided in Sections 2-5219 and 2-5228.

(Ord. 1284; 2430)

2-5221 - Repealed by Ord. 2500. 2-5221.5 - CONVERSION OF VACATION TIME TO SICK LEAVE.

Whenever a regular employee's accumulation of vacation reaches its maximum as provided in Section 2- 5219, any further vacation accrual shall be credited to such employee's sick leave accumulation until such time as the employee's vacation accumulation falls below the maximum allowed.

(Ord. 1820; 2430; 2705)

2-5222 - ALLOCATION OF VACATION TIME.

Vacations shall be taken at times agreeable to the department head.

(Ord. 1284; 2430)

2-5223 - HOLIDAY ON VACATION.

If a legal holiday occurs during a vacation period of any employee, the employee shall, at the discretion of the department head, be paid an additional day's pay at the employee's regular rate of pay for the holiday, in which case the day shall be charged as a day of vacation to the employee.

(Ord. 1284; 2430)

2-5224 - VACATION AND SICK LEAVE WHILE ON LEAVE OF ABSENCE.

No employee shall accrue vacation or sick leave while on any leave of absence without pay. Each regular employee absent without pay for less than a full bi-weekly pay period shall earn vacation and sick leave for each hour on payroll at the rates provided in Sections 2-5219 and 2-5228.

(Ord. 1284; 2430)

2-5224.1 - VACATION AND SICK LEAVE—EMPLOYEES IN STANDBY STATUS.

Notwithstanding the provisions of Sections 2-5224 and 2-5228, any regular employee who is scheduled to work less than eighty (80) hours in a bi-weekly pay period because such employee is on an authorized

standby status shall accrue vacation and sick leave for eighty (80) straight-time hours provided that they work at least 48.1 hours in a bi-weekly pay period.

(Ord. 2430)

2-5225 - TERMINAL VACATION.

Any person separating from the County service who has not yet taken his earned vacation may receive pay in lieu of such vacation at the discretion of the appointing authority.

When separation is caused by death of an employee, payment shall be made to the estate of such employee or, in applicable cases, as provided by Section 630 of the Probate Code.

No salary change shall be authorized during a terminal vacation.

Nothing in this section shall be interpreted as preventing the department head from filling a position vacated by separation immediately following the last day actually worked by the separated employee.

(Ord. 1284)

2-5226 - VACATION AND SICK LEAVE BENEFITS FOR TEMPORARY EMPLOYEES.

Except as otherwise provided in any memorandum of understanding approved by the Board of Supervisors, temporary employees shall not accrue vacation or sick leave.

(Ord. 2430; 3106)

2-5227 - LEAVE FOR PROMOTIONAL EXAMINATIONS.

Employees shall be allowed the necessary time off with pay to participate in Civil Service promotional examinations for the County, which are held during their regular work hours.

(Ord. 1284; 2430)

2-5228 - SICK LEAVE WITH PAY.

On and after January 1, 1966, the granting of sick leave with pay to employees is a privilege and not a right. Regular employees, except those in the Airport Operations Deputy series, but including the Deputy Airport Manager-Operations, shall accrue .0462 hours of sick leave for each straight-time hour of paid time on payroll not in excess of eighty (80) straight-time hours per bi-weekly pay period (annual accrual rate, approximately ninety-six (96) hours.)

Regular employees in the Airport Operations Deputy series, excluding the Deputy Airport Manager- Operations, shall accrue .0462 hours of sick leave for each straight-time hour of paid time on payroll not in excess of one hundred twelve (112) straight-time hours per bi-weekly pay period (annual accrual rate, approximately one hundred thirty-five (135) hours.)

(Ord. 2480; 2500; 2705; 3106)

2-5229 - ACCUMULATION OF SICK LEAVE.

Employees' sick leave shall be cumulative and shall accumulate while on sick leave. There is no limit on the amount of sick leave which can be accumulated, but in no instance can sick leave be used for any purpose other than authorized sick leave.

Temporary employees shall not be entitled to sick leave with pay nor shall any time served as a temporary employee count towards the accrual of sick leave with pay.

(Ord. 1284)

2-5230 - REASONS FOR SICK LEAVE.

Sick leave may be authorized for any of the following reasons:

(a)

Actual sickness, injury or quarantine of the employee.

(b)

Medical or dental care of the employee.

(c)

Illness, injury or quarantine of an employee's minor natural child not living in the employee's household or a member of the employee's immediate family who lives in the employee's household, provided that the employee is required to tend, care or otherwise provide for the care of such minor natural child or such member of the employee's immediate family. The term "immediate family" includes the spouse, child, parent, sibling, grandparent and grandchild of the employee as well as a child, parent, sibling, grandparent and grandchild of the employee's spouse.

The maximum number of hours that an employee may utilize for family illness in any one (1) fiscal year is as follows:

(1)

Employees in the Airport Operations Deputy series excluding the Deputy Airport Manager-Operations: Fifty- six (56) hours.

(2)

All other employees: Forty (40) hours.

(d)

Actual illness, injury or quarantine during an authorized vacation as evidenced by a doctor's certificate attesting to the nature and length of disability. Sick leave for nonemergency medical or dental care during an authorized vacation period is not permitted.

(e)

Any other reason provided by this Ordinance Code.

(Ord. 2154; 2268; 2297; 2500; 2705)

2-5230.1 - BEREAVEMENT LEAVE.

Regular employees, excluding those in the Airport Operations Deputy series, but including the Deputy Airport Manager-Operations, who suffer a death in their immediate family as "immediate family" is defined in Section 2-5230 may be allowed to be absent with pay for a period of three (3) consecutive County work days. Regular employees in the Airport Operations Deputy classification series, excluding the Deputy Airport Manager-Operations, may be allowed to be absent with pay for a maximum of two (2) twenty-four (24) hour working shifts.

In addition, any regular employee may be allowed to use an additional two (2) days of sick leave in conjunction with bereavement leave as provided in Section 2-5230(e).

(Ord. 2268; 2500; 2705; 3106)

2-5231. - SICK LEAVE EXCLUSION.

No employee shall be entitled to sick leave on account of any of the following reasons:

(a)

Disability arising from any sickness or injury purposely self-inflicted or caused by any of the employee's misconduct.

(b)

Sickness or disability while on leave of absence without pay.

(c)

Disability arising from any sickness or injury as a result of an industrial accident occurring during employment for which the employee is entitled to temporary disability indemnity under Division 4 or Division