Santa Clara County Municipal Code Art. 3 Unclassified Service

No officer or employee, while holding a position in the unclassified service, shall be assigned to or occupy any classified position except as provided herein.

(1) Employees in a classified or unclassified position may simultaneously occupy an extra help assignment where the following conditions are met:

a. The extra help assignment is to a different classification or different position in a different work unit than the one currently occupied by the employee;

b. The extra help assignment is not within the employee's scope of authority or control;

c. The extra help assignment is reviewed for implications under existing contracts, the Fair Labor Standards Act (FLSA), and other applicable state and federal law;

d. The extra help assignment is in a department which provides 24-hour services with direct health and safety responsibilities and is approved by the appropriate appointing authority.

(2) Classified and unclassified employees may be allowed to work as poll attendants for the Registrar of Voters during elections.

(3) Any officer or employee, while holding a position in the classified service, may be appointed to a board or commission the duties and responsibilities of which would not cause a violation of any conflict of interest rules or regulations on behalf of such officer or employee. Time spent in attending any meetings or workshops or doing any work required by such appointment shall not be considered or paid as work time for such officer or employee in his or her classified position.

(Code 1954, § 3.3.5-26; Ord. No. NS-304.21, § 5, 11-5-62; Ord. No. NS-304.23, § 1, 6-24-63; Ord. No. NS-304.78, § 3, 7-17-73; Ord. No. NS-304.104, § 1, 4-15-80; Ord. No. NS-304.126, § 1, 10-7-03)

Any permanent employee who receives a provisional or probationary promotion, or who is transferred or promoted to a position in the unclassified service shall retain all rights and benefits as a permanent employee of his former class while in such provisional, probationary or unclassified status. These include the right to participate in promotional examinations, and the right to return to his former class if released while in such status. All such service shall count toward seniority credits in the employee's former class in the event the layoff procedure is involved.

Any permanent employee who receives a provisional promotion, or who is transferred or promoted to a position and the unclassified service the duration of which is known to be for less than six months, shall be considered to be on leave from his permanent position, and departments are authorized to make substitute appointments to such vacated positions.

(Code 1954, § 3.3.5-28; Ord. No. NS-304.38, § 1, 2-21-66; Ord. No. NS-304.78, § 3, 7-17-73; Ord. No. NS-304.81, § 2, 7-17-73)