Sierra County Municipal Code Ch. 3.02 General Provisions

A. The personnel rules and policies contained in this title shall apply to all persons employed by the county, except where the natural construction of this title otherwise indicates. Notwithstanding the foregoing or any provision in this title to the contrary, extra help employees and probationary employees shall not be entitled to the procedural protections, rights and benefits otherwise provided to permanent employees under this title.

B. The provisions of this title shall apply with regards to the procedures for hiring, discipline grievances, establishment of holidays, leaves of absence and the other matters covered herein. The current memorandum of understanding (“MOU”) between the county and a bargaining unit shall control with regard to the wages and benefits received by employees. Following compliance with the meet and confer requirements under state law, these personnel rules and policies may be amended as may from time to time be required in order to accommodate changes in the terms and conditions of employment.

C. Those departments whose employees are required by state law to be covered by the merit system personnel standards of the State Personnel Board shall not be obligated to adhere to any provision of this title which directly conflicts with those standards. Where conflicts between this title and the merit system personnel standards arise, the merit system personnel standards shall supersede and take precedence. However, where conflicts do not arise, the departments and employees shall comply with the requirements of this title.

A. The Personnel Director, or his or her designee, shall have the responsibility for providing official interpretations of this title in cases of apparent internal conflict between rules and when questions arise regarding the application of these rules to specific situations, procedures, or policies. The County Counsel shall be responsible for providing legal interpretations concerning the intent and application of the policies set forth in this title.

B. The Personnel Director shall ensure that these rules are enforced and that the provisions of this title are applied uniformly and fairly to all employees in the county service.

C. Department heads shall be responsible for compliance with these rules within their respective departments and shall ensure that all department employees comply with the provisions of this title.

A. The Personnel Director may issue written policy statements relating to the interpretation or application of this title, procedures to be followed in the administration of personnel and employee relations policies, and to other matters deemed necessary for proper personnel administration.

B. Department heads shall ensure the dissemination of such policy statements and procedures and take appropriate action, where applicable, when violations of such policies and procedures are determined.

C. The Personnel Director, with the consent of the department head committee, if any, shall prescribe the forms and procedures to be used by county departments in matters of personnel and for the purposes of personnel administration.

D. The Personnel Director shall maintain and/or have access to all employee and personnel records, except where specifically prohibited by state or federal laws.

E. The Personnel Director may assign to other personnel staff employees or contractors such duties and responsibilities in connection with this title deemed proper and expedient.

F. When any department takes any action affecting an employee’s status, including without limitation the hiring, termination, suspension, promotion, demotion, or granting of leave to an employee, the department shall promptly transmit to the Personnel Director and the Auditor copies of personnel action forms reflecting such action. Personnel action forms shall customarily be transmitted to the County Auditor at least three working days prior to the effective date of the personnel action.

A. The county shall provide equal employment opportunities in the administration of all personnel policies and practices in a manner that does not discriminate on the basis of race, color, religion, sex, sexual orientation, national origin, age, ethnic background, handicap (except where a handicap is a bona fide occupational disqualification), political affiliation, or marital status.

B. The personnel policies and practices covered by subsection (A) of this section shall include, but not be limited to, recruitment, appointments, promotions, discipline, retention, training, and other benefits, terms, and conditions of employment.

C. Department heads shall conduct all personnel operations in accordance with the equal employment opportunity policy and shall lend full cooperation with the Personnel Director in investigating and resolving alleged discrimination complaints.

D. Department heads shall be responsible for the distribution to, and discussion of, the equal employment opportunity policy with the employees of their respective departments.

E. It shall be the policy of the county to resolve complaints that arise under the provisions of this section on an informal basis. Unless other procedures are otherwise expressly provided for, if a satisfactory resolution cannot be achieved, an employee shall be directed to pursue those remedies and procedures outlined in the grievance procedures contained in Chapter 3.11 SCC.

F. The appointing authority is hereby directed to maintain such employee and other records as are necessary to accomplish the provisions required by this code.

A. No employee shall use official authority or influence for the purpose of interfering with, or affecting the results of, an election or nomination for office or directly or indirectly coerce, attempt to coerce, or advise a county employee to pay, lend, or contribute anything of value to a party, committee, organization, agency, or person for political purposes.

B. All county officers and employees shall be subject to the provisions of Cal. Gov’t. Code §§ 3201 through 3209 relating to political activities.

C. No employee shall accept or solicit anything of value which is, or which may appear to be, designed to influence official conduct; nor shall a county employee enter into any financial or other relationship with a county department, a private business, or other organization which would constitute a conflict of interest with county employment.

A. A local agency officer or employee shall not engage in any employment, activity, or enterprise for compensation which is inconsistent, incompatible, in conflict with, or inimical to his or her duties as a local agency officer or employee or with the duties, functions, or responsibilities of his or her appointing power or the agency by which he or she is employed. The officer or employee shall not perform any work, service or counsel for compensation outside of his or her local agency employment where any part of his or her efforts will be subject to approval by any other officer, employee, board, or commission of his or her employing body, unless otherwise approved by the Board of Supervisors.

B. For purposes of determining those outside activities which, for county employees, are inconsistent with, incompatible to, or in conflict with their duties as local agency officers or employees, the following outside employment, activity or enterprise is prohibited if it:

1. Involves the use for private gain or advantage of his or her local agency time, facilities, equipment and supplies; or the badge, uniform, prestige, or influence of his or her local agency office or employment;

2. Involves receipt or acceptance by the officer or employee of any money or other consideration from anyone other than his or her local agency for the performance of an act which the officer or employee, if not performing such act, would be required or expected to render in the regular course or hours of his or her local agency employment or as a part of his or her duties as a local agency officer or employee;

3. Involves the performance of an act in other than his or her capacity as a local agency officer or employee which act may later be subject directly or indirectly to the control, inspection, review, audit, or enforcement of any other officer or employee or the agency by which he or she is employed;

4. Involves the time demands as would render performance of his or her duties as a local agency officer or employee less efficient.

C. Subsections (B)(1) through (B)(4) of this section shall not be deemed to be exclusive circumstances which may constitute prohibited employment or activity.

D. Officers and employees who engage in the prohibited activities are subject to disciplinary action, up to and including termination.

E. Notice of the foregoing prohibited employment, activity, or enterprise and discipline for violation thereof shall be given to all new county officers and employees at the employee’s employment orientation. Notice to presently employed officers and employees shall be provided through the department manager.

There shall be no conflicting hours of work when a person is employed by two or more county departments or in two or more positions in the same department. Dual employment within the county service shall be subject to review and approval by the Personnel Director.

A. No employee, department head or county official shall use or permit the use of county-owned property for other than official activities. In addition, county employees have a positive responsibility to protect and conserve county property entrusted to them.

B. County employees shall not use their official positions for personal gain. Public authority and privileged information shall not be turned to personal advantage.

A. All county employment shall be based on a monthly pay period for the purpose of compensation and paychecks (electronically or otherwise) shall be regularly issued on the first day of each month. If the first day of the month falls on other than a regular business day, paychecks shall be issued on the last preceding banking day.

B. Overtime compensation shall be based on hours worked in excess of 40 hours within a week (from Sunday through Saturday).

C. For the purposes of computing fractions of hours worked, the time shall be computed to the nearest one-half hour.

D. Flexible work time may be allowed consistent with the provisions in the most recently adopted memorandum of understanding with the applicable bargaining unit. (Ord. 1046, eff. 8/3/13)

The Board of Supervisors is the appointing authority for appointive department heads (except for Chief Probation Officer).

Department heads are the appointing authorities for all employees in their departments.

A. Appointing authorities, department heads, and persons having the power to hire or promote persons on behalf of the county shall not hire or promote any person who is related to them within the first or second degree, whether by blood or marriage.

B. Appointing authorities may hire or promote persons within a department who are related to each other within the first or second degree by blood or marriage only if:

1. They are not supervised by the same person; and

2. One relative employee does not supervise the other relative employee; and

3. The course and nature of their work is independent and does not cause interaction or a close working relationship; and

4. They are appointed and employed in distinctly separate locales.

C. The provisions of this section shall not apply to those employees who as of the date of the adoption of the revisions to the Personnel Code are in violation of the provisions of this section. However, the provisions shall be applied in all subsequent cases involving the hiring or promotion of all county employees and in cases involving the marriage of a county employee.

The county shall have the exclusive right to determine the merits, necessity and organization of any service or activity of county government and to determine all matters concerning the management or administration of county government, subject to the provisions of the MOU and applicable law.

In its determination of matters concerning the management or administration of county government, the county shall retain the exclusive decision-making authority in relation to, but not limited by, the following:

A. Determine and modify the organization of county government and its constituent work units;

B. Determine the nature, standards, levels and mode of delivery of services to be offered to the public;

C. Determine the methods, means and the numbers and kinds of personnel by which services are to be provided;

D. Determine whether goods or services shall be made, purchased or contracted for;

E. Direct employees, including scheduling and assigning work and overtime;

F. Establish employee performance standards and to require compliance therewith;

G. Discharge, suspend, demote, reduce in pay, reprimand, withhold salary increases and benefits, or otherwise discipline employees where warranted;

H. Relieve employees from duty because of lack of work or lack of funds or for other legitimate reasons;

I. Implement rules, regulations and directives consistent with law and the specific provisions of the MOU;

J. Take all necessary actions to protect the public and carry out its mission in emergencies.

In any matter regarding emergencies which affect items of meet and confer, the county shall notify the union as soon as possible. (Ord. 771, eff. 5/7/91)