Santa Clara County Municipal Code Art. 1 Generally

There are hereby established merit system rules for the administrative service of the County. These rules shall apply in their entirety to all employees in the classified service, and Articles 1, 2, 6, 7, and 8 as set forth in this chapter shall apply to all employees in the unclassified service.

(Code 1954, Tit. 1, Ch. 3, Art. 1.5)

Charter reference— Unclassified and classified service, § 701.

As used in this chapter, "allocation" means the official determination of the class to which a position belongs; and the assignment of a position to its class.

(Code 1954, § 3.3.1-1)

As used in this chapter, "alternate classifications" means a series of two or more related classifications treated as a single classification in the salary ordinance, with the appointing authority allowed a choice from any of the listed alternatives in filling a vacancy in a coded position; and in which continuing incumbents may qualify for status in the next higher alternative classification through such qualifying examinations as may be required by the Director.

(Code 1954, § 3.3.1-54; Ord. No. NS-304.46, § 1, 8-7-67)

As used in this chapter, "anniversary date" means the anniversary of the date an employee was appointed to the employee's current position unless otherwise notified by the merit system rules.

(Code 1954, § 3.3.1-2; Ord. No. NS-300.14, § 1, 10-13-59; Ord. No. NS-304.113, § 2, 8-30-88)

As used in this chapter, "applicant" means a person, who, under the rules, has made formal application for employment.

(Code 1954, § 3.3.1-3)

As used in this chapter, "appointing authority" means the group or person having the lawful power to make appointments or to remove persons from positions in the County service.

(Code 1954, § 3.3.1-5)

As used in this chapter, "appointment" means the offer to a person and the person's acceptance of a position in accordance with these rules.

(Code 1954, § 3.3.1-4; Ord. No. NS-304.113, § 3, 8-30-88)

As used in this chapter, "assembled examination" means an examination conducted at a specified time and place, under the supervision of an examiner.

(Code 1954, § 3.3.1-20.1; Ord. No. NS-304.21, § 1, 11-5-62)

As used in this chapter, "Board," when used alone, means the Personnel Board of this County.

(Code 1954, § 3.3.1-6)

As used in this chapter, "certification" means the submission of names of eligibles from an appropriate list to an appointing authority by the Director of Employee Services Agency.

(Code 1954, § 3.3.1-7; Ord. No. NS-304.134, § 2, 8-25-15)

As used in this chapter, "class or classes of positions" means a group of positions having duties and responsibilities sufficiently similar that the same title, examples of duties and requirements may be applied.

(Code 1954, § 3.3.1-8)

As used in this chapter, "classification plan" means the arrangement and grouping of positions in classes according to duties, authority and responsibilities.

(Code 1954, § 3.3.1-9; Ord. No. NS-304.12, § 1, 12-8-58)

As used in this chapter, "classified service" is defined as in Section 701 of the Charter.

(Code 1954, § 3.3.1-10; Ord. No. NS-304.124, § 1, 9-17-02)

As used in this chapter, "continuous employment" means employment uninterrupted from the date of appointment, except by authorized absence.

(Code 1954, § 3.3.1-11)

As used in this chapter, "demotion" means the reduction of an employee from a position in one class to a position in a lower class either on a voluntary basis or as the result of a disciplinary action.

(Code 1954, § 3.3.1-13; Ord. No. NS-304.6, § 1, 6-18-56; Ord. No. NS-304.21, § 1, 11-5-62)

As used in this chapter, "department" means an administrative unit of the County government.

(Code 1954, § 3.3.1-14)

As used in this chapter, "Director" means the Director of the Employee Services Agency or their designee.

(Code 1954, § 3.3.1-15; Ord. No. NS-300.541, § 5, 10-19-93; Ord. No. NS-304.137, § 1, 6-4-24)

As used in this chapter, "dismissal" means removal from the employee's position of any permanent officer or employee.

(Code 1954, § 3.3.1-16; Ord. No. NS-304.113, § 4, 8-30-88)

As used in this chapter, "eligible" means any person on employment or reemployment list for a given class.

(Code 1954, § 3.3.1-17)

As used in this chapter, "employee" means a person holding a position in the County service.

(Code 1954, § 3.3.1-18)

As used in this chapter, "employment list" means the list of those qualified for employment or reemployment in a class.

(Code 1954, § 3.3.1-19)

As used in this chapter, "extra help" means persons employed for periods when the work load within a department is of too great a volume to be expeditiously handled by the regular employees.

(Code 1954, § 3.3.1-47)

As used in this chapter, "layoff" means termination of service without fault on the part of the employee, because of lack of work, lack of funds, or in the interests of economy.

(Code 1954, § 3.3.1-21)

As used in this chapter, "leave of absence" means permission to be absent from duty for a specified period and for a specified purpose, with the right to return at the expiration of the period.

(Code 1954, § 3.3.1-22; Ord. No. NS-304.35, § 1, 5-23-66)

As used in this chapter, "limited term appointment" means an appointment to be filled by a regular employee and limited in duration to a particular period.

(Code 1954, § 3.3.1-49; Ord. No. NS-304.6, § 1, 6-18-56)

As used in this chapter, "limited term position" means a regular position limited in duration to a particular period.

(Code 1954, § 3.3.1-48; Ord. No. NS-304.6, § 1, 6-18-56)

As used in this chapter, "original appointment" means the first appointment of an employee to a classified position.

(Code 1954, § 3.3.1-23)

As used in this chapter, "permanent employee" means an employee who has satisfactorily completed the probationary period of the employee's present class.

(Code 1954, § 3.3.1-24; Ord. No. NS-304.6, § 1, 6-18-56; Ord. No. NS-304.113, § 5, 8-30-88)

As used in this chapter, "permanent position" means any position in the classified service that will require the services of a regular employee for more than six months or until abolished by an official act.

(Code 1954, § 3.3.1-25)

As used in this chapter, "permanent probationary" means an employee who has permanent status in the classified service through successful completion of a probationary period and who is serving a new probationary period in a different class.

(Code 1954, § 3.3.1-50; Ord. No. NS-304.21, § 2, 11-5-62)

As used in this chapter, "position" means a combination of duties regularly assigned to be performed by one person.

(Code 1954, § 3.3.1-26)

As used in this chapter, "probationary period" means the first six months or any period not to exceed 18 months of continuous service following appointment from an eligible list to a position in the classified service.

(Code 1954, § 3.1.1-27; Ord. No. NS-304.14, § 2, 10-13-59; Ord. No. NS-304.134, § 3, 8-25-15)

As used in this chapter, "promotion" means advancement from a position in one class to a position in a class with a higher salary range.

(Code 1954, § 3.3.1-28; Ord. No. NS-304.21, § 1, 11-5-62)

As used in this chapter, "provisional appointment" means the appointment of a qualified person to fill a position for which no appropriate employment list exists, pending an examination.

(Code 1954, § 3.3.1-29)

As used in this chapter, "public notice" means announcements of examinations, meetings, hearings, and other actions of the Personnel Board or Human Resources Department on bulletin boards in the office of the Human Resources Department.

(Code 1954, § 3.3.1-30; Ord. No. NS-304.35, § 2, 5-23-66; Ord. No. NS-304.134, § 4, 8-25-15)

As used in this chapter, "qualified" means an applicant or appointee who meets the employment standards for a class.

(Code 1954, § 3.3.1-31)

As used in this chapter, "reappointment" means the return of an employee to a former class through reinstatement or other methods provided by these rules.

(Code 1954, § 3.3.1-52; Ord. No. NS-304.21, § 2, 11-5-62)

As used in this chapter, "reemployment" means appointment from a reemployment list after layoff.

(Code 1954, § 3.3.1-52; Ord. No. NS-304.21, § 2, 11-5-62)

As used in this chapter, "reemployment list" means a list of persons with permanent status in a class, who have been laid off and who are entitled to preference in appointment to vacancies in that class.

(Code 1954, § 3.3.1-32)

As used in this chapter, "regular employee" means a person appointed through certification to a vacancy in a regular position.

(Code 1954, § 3.3.1-46)

As used in this chapter, "regular position" means any permanent position in the classified service that requires filling through certification or by a provisional appointment.

(Code 1954, § 3.3.1-45)

As used in this chapter, "reinstatement" means the reappointment of an employee who has resigned.

(Code 1954, § 3.3.1-33)

As used in this chapter, "resignation" means the voluntary action of an employee which separates an employee from the position held.

(Code 1954, § 3.3.1-34; Ord. No. NS-304.113, § 6, 8-30-88)

As used in this chapter, "separation" means any termination of employment.

(Code 1954, § 3.3.1-35)

As used in this chapter, "specification" means the official description of a class, including:

(a) The title,

(b) A statement of the duties and responsibilities, and

(c) The employment standards, such as education, experience, knowledge, skills and abilities which may be required of applicants.

(Code 1954, § 3.3.1-36)

As used in this chapter, "status" means the condition of an employee's present appointment, such as extra help, provisional, probationary or permanent.

(Code 1954, § 3.3.1-38)

As used in this chapter, "suspension" means an involuntary absence without pay imposed by the appointing authority for disciplinary purposes or pending investigation of charges.

(Code 1954, § 3.3.1-39)

As used in this chapter, "transfer" means movement of an employee to a new position in the same class or a different class where the salary range of the new class does not exceed the salary range of the original class by more than ten percent or the percentage specified in a memorandum of understanding which applies to the employee prior to the transfer.

(Code 1954, § 3.3.1-40; Ord. No. NS-304.21, § 1, 11-5-62; Ord. No. NS-304.124, § 2, 9-17-02)

As used in this chapter, "unassembled examination" means an examination consisting of an appraisal of training, experience, work history, or other means for evaluating the relative qualifications of applicants without requiring them to appear in person.

(Code 1954, § 3.3.1-20.2; Ord. No. NS-304.21, § 1, 11-5-62)

As used in this chapter, "vacancy" or "vacant position" means any unfilled position in the classified service.

(Code 1954, § 3.3.1-41)

As used in this chapter, "waiver" means the voluntary relinquishment by an eligible of any right to consideration for appointment to a specific position.

(Code 1954, § 3.3.1-42)

As used in this chapter, "writing" includes printing and typewriting.

(Code 1954, § 3.3.1-44)

As used in this chapter, "year" means the calendar year, unless designated otherwise.

(Code 1954, § 3.3.1-43)

Unless otherwise indicated, periods of time mentioned in these rules are computed on an hourly basis, with an 80-hour, bi-weekly work period used as the standard unit of measure. Six months therefore equal 13 periods of 80 hours each, or 1,040 hours. One year equals 2,080 hours or 26 bi-weekly periods.

An 80-hour bi-weekly period represents ten working days for an employee on an eight-hour, five-day work week schedule, and eight working days for an employee on a ten-hour, four-day work week schedule.

(Code 1954, § 3.3.1-53; Ord. No. NS-304.35, § 14, 5-23-66; Ord. No. NS-304.70, § 1, 9-14-71)

Amendment note—Ord. No. NS-304.70, § 1, changed the computation from a daily basis to an hourly basis.

(a) This section shall prevail over conflicting provisions of this chapter upon the assumption by the County of a municipal function of a city.

(b) A city employee performing a function which is assumed by the County and who has previously qualified for the city position through a merit or civil service system shall be eligible for transfer, without examination, to County employment provided there is no break in service.

(c) Those former city employees continuing with the County shall be given credit for accrued, uncompensated vacation and sick leave with the city. Upon transfer to a classification comparable to that formerly held with the city, such employees shall be employed without any decrease in salary. Salary increases may thereafter be granted in accordance with the County salary ordinance.

(d) The Director of Employee Services Agency shall be responsible for the interpretation and application of this section in accordance with the merit system provisions of this Code.

(e) The Director shall also prepare all interpretation and application of this section providing seniority rules within the group of city employees continuing with the County, recognizing prior length of service within said group as a factor protecting a senior employee in said group from layoff as compared to an employee with less seniority within said group.

(Code 1954, Tit. 3, Ch. 3, Art. 1.6; Ord. No. NS-304.56, § 1, 4-8-68; Ord. No. NS-304.113, § 7, 8-30-88; Ord. No. NS-304.134, § 5, 8-25-15)

(a) This section shall prevail over conflicting provisions of this chapter upon the assumption by the County of any function or responsibility held by another entity, including, but not limited to, a governmental, not-for-profit, or private function, except for a municipal function of a city, as provided in Section A25-88.

(b) An employee performing a function or responsibility that is assumed by the County and covered by this section shall be eligible for transfer to County employment, without examination, if the employee performing the function satisfies all of the following requirements:

(1) The employee previously qualified for the position through the entity's hiring process; and

(2) The employee has been employed in a full-time or part-time capacity by the entity for at least six months and there has been no break in service prior to County employment.

(c) An employee transferring pursuant to this section will be placed into the most comparable existing classification and, if none, the employee will be placed into a classification for which they meet the employment standards at their prior rate of pay, and shall continue to perform pre-existing job duties, until such time as a new classification is created and allocated pursuant to Chapter IV, Article 3 of this Division.

(d) The Director of Employee Services Agency shall be responsible for the interpretation and application of this section in accordance with the merit system provisions of this Code.

(Ord. No. NS-304.137, § 2, 6-4-24; Ord. No. NS-304.139, § 1, 2-10-26)

Editor's note— Ord. No. NS-304.124, § 4, adopted Sept. 17, 2002, repealed § A25-90, which pertained to assumption of state program known as the Office of Mental Health Social Services, and transfer of employees without examination. See the Code Comparative Table.