Siskiyou County Municipal Code Ch. 6 Personnel Policies and Procedures

*Chapter 6 entitled "Personnel System and Salary Schedules", consisting of Sections 2-6.01 through 2-6.53, codified from Ordinance No. 333, as amended by Ordinance Nos. 340, 352, 353, 364, effective March 30, 1961, 369, effective July 1, 1961, 371, effective September 21, 1961, 372, effective September 26, 1961, 380, effective July 1, 1962, 390, effective July 1, 1963, 394, effective January 4, 1964, 400 and 401, effective July 1, 1964, 402, effective August 13, 1964, 407, effective January 21, 1965, 415, effective July 9, 1965, 421, effective December 23, 1965, 428, effective July 1, 1966, 448, effective July 1, 1967, 465, effective July 1, 1968, 483, effective July 1, 1969, 519, 520, 521, and 522, effective December 18, 1970, 523, 524, and 525, effective July 1, 1970, 526, effective December 18, 1970, 528, effective December 24, 1970, 537, effective March 1, 1971, 541, effective July 22, 1971, 545 and 546, effective August 27, 1971, 556, effective February 25, 1972, 561, effective March 23, 1972, 576, effective July 1, 1972, 601, effective August 9, 1973, 610, effective July 1, 1973, 616, effective February 22, 1974, 629, effective July 1, 1974, 633, effective October 15, 1974, 647, effective June 28, 1975, 657, effective July 1, 1975, 710, effective September 25, 1976, 713, effective October 13, 1976, 781, effective November 13, 1977, 794, effective February 16, 1978, 808, effective May 25, 1978, 868, effective April 15, 1979, 911, effective September 22, 1979, 912, effective October 1, 1979, 921 and 922, effective October 11, 1979, 940, effective February 20, 1980, 942, effective March 27, 1980, and 981, effective October 25, 1980, repealed by Ordinance No. 1039, effective July 24, 1981.

For the purposes of this chapter and any personnel policy statement, memorandum, or correspondence, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

(a) "Affirmative action" shall mean a set of policies and procedures wherein the County is committed to assure and promote equal employment opportunities.

(b) "Allocation" or "position allocation" shall mean the assignment of a position to a classification pursuant to Section 2-6.07.03 of this chapter.

(c) "Allowance" shall mean a fixed amount of money paid to personnel as reimbursement for equipment, supplies, and/or services as designated by a Memorandum of Understanding and/or Board resolution.

(d) "Anniversary date" shall mean the date which corresponds with the biweekly pay period from which probationary periods and step adjustments are measured. If an employee begins work as a new hire or as a promoted employee on any day other than the first day of the biweekly pay period, the anniversary date shall be adjusted to the first day of the present pay period or the first day of the next following pay period, whichever is closest.

(e) "Appeal" shall mean the filing of a written request for consideration and the reversal or modification of a disciplinary action imposed by the appointing authority. For the purposes of this chapter, a written or verbal reprimand issued by the appointing authority shall not constitute a disciplinary action.

(f) "Applicant" shall mean a person who has filed an official County application form at the County Administrator's office, or at such places as designated by the Personnel Officer, according to prescribed procedures.

(g) "Appointing authority" shall mean a department head, person, or board having the constitutional or statutory authority to appoint candidates to positions or a specified management employee having lawfully delegated authority to appoint candidates to positions in a department.

(h) "Appointment" shall mean the final selection of a candidate by an appointing authority subject to the provisions of Section 2-6.05 of this chapter and the subsequent acceptance of employment by a candidate.

(i) "Bargaining unit" or "representation unit" shall mean those persons or organizations formally authorized to represent employees as a group with common interests in matters concerning the terms and conditions of employment.

(j) "Base salary" shall mean the rate of pay as determined on a given hourly, biweekly, or monthly basis (excluding County payments of FICA) for non-overtime work.

(k) "Board", when used alone, shall mean the Board of Supervisors.

(l) "Candidate" shall mean a person given final selection consideration for an appointment to a specific position vacancy at a particular point in time pursuant to Sections 2-6.03, 2-6.04, and 2-6.05 of this chapter.

(m) "Candidate group" shall mean those eligible persons from among which final selection consideration for an appointment to a specific position vacancy at a particular point in time is given pursuant to Sections 2-6.03, 2-6.04, and 2-6.05 of this chapter.

(n) "Certificate" or "certificate of candidates" shall mean a list of candidates prepared by the Personnel Officer from which final selection consideration for an appointment to a specific position at a particular point in time may be given.

(o) "Class" or "classification" shall mean a set of similar positions allocated pursuant to Section 2-6.07.03 of this chapter and designated by a specific class title and salary range.

(p) "Classification plan" shall mean an orderly arrangement of positions under separate and distinct classes so that each class will contain all those positions which are sufficiently similar in respect to duties and responsibilities that they will meet the requirements established under the definition of "class" set forth in subsection (o) of this section.

(q) "Compensation" shall mean the salary, wage, allowance, and all other forms of valuable consideration earned by or paid to an employee by reason of service in a position but shall not include any allowance authorized and incurred as incidental to employment.

(r) "Compensation plan" shall mean a schedule of salaries or salary ranges established by this chapter for the classifications recognized in the classification plan.

(s) "Compensation range", "salary range", or "pay range" shall mean a designated set of pay rates having a specified minimum rate, maximum rate, and intermediate rates.

(t) "Compensation rate", "salary rate", or "pay rate" shall mean a set dollar amount used as the basis for compensating an employee for working a given period of time.

(u) "Compensatory leave" shall mean time which may be taken by an employee as authorized leave with pay for having worked overtime.

(v) "Continuous service" shall mean the number of calendar days during which work was actually performed for the County which work has not been interrupted by a separation, except as provided for in Sections 2-6.06.04 and 2-6.09.04 of this chapter.

(w) "County service" or "service of the County" shall mean all positions in all departments as defined which are subject to control and regulation by the Board.

(x) "Day" shall mean a calendar day, unless otherwise specified.

(y) "Demotion" shall mean a reduction in salary and/or reappointment to a lower classification for disciplinary or other reasons of both a voluntary or involuntary nature.

(z) "Dismissal" shall mean involuntary separation from the County service.

(aa) "Eligible" shall mean an applicant who has passed all the appropriate examinations and has been placed on a register for a class of positions.

(ab) "Eligibility list" shall mean the same as "referral register" (see subsection (bd) of this section).

(ac) "Emergency appointment" shall mean an appointment made in response to an emergency threatening the public health, safety, or welfare pursuant to Section 2-6.05.09 of this chapter.

(ad) "Employee" shall mean a person working in and compensated by the County over which management has the right to direct and control the way the person works, both as to the final results and as to the details of when, where, and how the work is done.

(ae) "Employee, management" shall mean a department head, supervisor, or other employee having the authority to exercise management rights or develop management policies, or to effectively recommend the exercise of such rights or the development of such policies, where such recommendations or exercise requires the use of independent judgment and is not of a routine nature.

(af) "Employee status" shall mean a designation based on the most recent of the following types of appointments: probationary, permanent, extra help, emergency, provisional, or student intern.

(ag) "Extra help" shall mean those employees who are hired for seasonal work, nonrecurring work, vacation relief, or any other work of a short duration which does not require the duties of a permanent full or part-time employee. This class of employee shall not be provided holiday leave, sick leave, vacation leave, group insurance, or other types of benefits provided for permanent employees.

(ah) "Examination" or "exam" shall mean any process, procedure, rating, interview, test, evaluation, or assessment, whether scored or unscored, formal or informal, which affects a person's eligibility for, or consideration for, appointment.

(ai) "Final selection examination" or "consideration" shall mean an interview, background evaluation, or other examination of a candidate used in making an appointment decision.

(aj) "Geographical area" shall mean an area surrounding a work location which area includes those places within a distance from which an employee would reasonably be expected to commute to work and be able to respond to on-call or standby duty if required of the job classification. For reduction in force purposes, geographical area requirements shall be satisfied as well as seniority provisions.

(ak) "Grievance" shall mean a dispute between an employee or the employee's bargaining unit and management as to the interpretation, application, or violation of any terms or provisions granted to employees by agreement, this chapter, or State and Federal statutes. For the purposes of this chapter, appeals from disciplinary actions shall not be interpreted as grievances.

(al) "Impasse" shall mean a deadlock in discussions between a formally recognized employee organization and the designated County representative over any matters on which they are required to meet and confer in good faith or over the scope of such matters.

(am) "Involuntary reappointment" shall mean an unsought appointment of a probationary or permanent employee, by the employee's department head, due to a shortage of work or funds, abolishment of a position, or a critical situation adversely affecting the accomplishment of program goals. Such appointments are made to a position in a different classification having the same or lower salary range than the class of the employee's previous position.

(an) "Layoff" shall mean the termination of the services of an employee for nondisciplinary reasons but rather because of the lack of work or funds or for other reasons not related to employee job performance.

(ao) "Leave" shall mean an authorized absence from work during normally scheduled working hours.

(ap) "Minimum qualifications" shall mean standards which designate the typical types of, and minimum levels of, training and/or experience through which one would be expected to acquire the knowledge, skills, personal characteristics, and other requirements necessary for satisfactory performance upon entry to a class, or a description of the knowledge, skills, and personal characteristics required.

(aq) "Nepotism" shall mean the hiring of relatives of current County employees. First and second degree relationships by blood or marriage are as follows: parents, children, father-in-law, mother-in-law, son-in-law, daughter-in-law, spouse, grandchildren, brother, sister, grandparents, grandfather-in-law, grandmother-in-law, sister-in-law, brother-in-law, grandson-in-law, and granddaughter-in-law.

(ar) "Performance evaluation" shall mean a formal review of an employee's work activities and job performance over a particular period of time.

(as) "Permanent position" shall mean a budgeted position as defined by a specific classification and excluding extra help positions.

(at) "Permanent status" shall mean when an employee assigned to a permanent position satisfactorily completes a probationary period.

(au) "Position" shall mean a specific office, employment, or job calling for the performance of certain tasks, duties, and responsibilities.

(av) "Probationary period" shall mean the time limited period of paid service established to review an employee's job performance as an extension of the examination process required before an employee gains permanent status.

(aw) "Promotion" or "promotional appointment" shall mean an appointment of an employee candidate having permanent or probationary status to a position in a different class having a higher pay range than the pay range of the class of the employee's previous position.

(ax) "Provisional appointment" shall mean an appointment of an applicant not on the register pursuant to Section 2-6.05.07 of this chapter.

(ay) "Open recruitment" or "open examination" shall mean a position or employment test open to the public and not limited to applicants currently in the County service.

(az) "Qualifying examination" shall mean an examination which is scored on a pass or fail basis, the scores of which do not indicate relative levels of suitability among those who are determined to be qualified.

(ba) "Ranking examination" shall mean an examination, the scores of which are appropriate for indicating relative levels of suitability among those who pass.

(bb) "Reclassification" or "reallocation of a position" shall mean the changing of a position from one classification to another classification based on the duties assigned pursuant to Sections 2-6.07.03, 2-6.07.04, and 2-6.08.04 of this chapter.

(bc) "Reduction in force" shall mean an involuntary separation from service due to a shortage of funds or work, organizational changes, or other reasons of business necessity, not involving performance or conduct, which require a reduction in staff.

(bd) "Referral" or "referral register" shall mean a list of eligible candidates prepared by the Personnel Office from which final selection consideration for an appointment to a specific position at a particular point in time may be given pursuant to Section 2-6.05 of this chapter.

(be) "Reinstatement" shall mean the reemployment or restoration of a former employee to a class in which permanent status was held.

(bf) "Resignation" shall mean a voluntary separation from the County service.

(bg) "Score" shall mean an index, indication, description, or designation of examination results.

(bh) "Seniority" shall mean the length of continuous County service without a break due to separation.

(bi) "Separation" shall mean a break in service resulting from a resignation, termination, retirement, dismissal, reduction in force, or death as provided in Section 2-6.06 of this chapter.

(bj) "Step" shall mean a pay rate, expressed in hourly, biweekly, or monthly rates, designated in terms of its relationship with other compensation rates in a compensation range.

(bk) "Step date" shall mean the date upon which an employee is eligible to receive a salary increase based on satisfactory performance and the provisions set forth in Section 2-6.08.02 of this chapter.

(bl) "Student intern appointment" shall mean a time-limited appointment of a student where such employment constitutes a recognized phase of the student's educational or training program.

(bm) "Supervisor" shall mean an employee having statutory or properly delegated authority to appoint, suspend, transfer, promote, dismiss, lay off, demote, assign work, direct or discipline other employees, or effectively recommend such action if the exercise of such authority is not of a merely routine or administrative nature but requires the use of independent judgment.

(bn) "Suspension" shall mean an involuntary imposed leave for disciplinary purposes or during investigatory or judicial proceedings.

(bo) "Temporary assignment" shall mean an employee who fills in for a vacated position for a short period of time.

(bp) "Termination" shall mean a voluntary or involuntary separation of an employee.

(bq) "Time-limited appointment" shall mean an emergency, provisional, temporary, extra help, or student intern appointment made for a confined duration which must be terminated within some restricted time period.

(br) "Transfer" shall mean the appointment of an employee from one position to another position within the same classification.

(bs) "Voluntary reappointment" shall mean an appointment of a permanent or probationary employee candidate voluntarily seeking an appointment to a position in a class having the same or lower compensation range than that of the class previously occupied.

(bt) "Work unit" shall mean a work system composed of positions organized about a single purpose or program.

(§ II, Ord. 1039, eff. July 24, 1981)

This chapter is promulgated by the Personnel Officer in accordance with, and subject to approval by, the Board.

(§ II, Ord. 1039, eff. July 24, 1981)

(a) The personnel rules and policies contained in this chapter shall apply to all persons employed by the County, except where the natural construction of this chapter otherwise indicates.

(b) The acceptance of an appointment to any position covered by these rules shall signify the acceptance of the coverage of these rules by the employee.

(c) Where the provisions of coverage conflict with presently existing Memorandums of Understanding with a particular bargaining unit, the presently existing Memorandums of Understanding shall supersede and take precedence.

(d) Those departments covered by the Merit System Personnel Standards of the State Personnel Board shall not be obligated to adhere to those sections of this chapter which conflict with those standards. Where conflicts between this chapter 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 shall comply with the requirements of this chapter.

(§ II, Ord. 1039, eff. July 24, 1981)

(a) The Personnel Officer shall have the responsibility for providing official interpretations of this chapter 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 when the policies set forth in this chapter appear to conflict with State and/or Federal regulations.

(b) The Personnel Officer shall ensure that these rules are enforced and that the provisions of this chapter are applied uniformly and fairly to all employees in the County service.

(c) Department heads shall be responsible for the application of these rules within their respective departments and shall ensure that all department employees comply with the provisions of this chapter.

(d) Department heads shall further ensure that employees in their departments are informed of the pertinent provisions of this chapter when such information is required for the proper execution of their duties and that employees are informed when any provision of this chapter affects the terms and conditions of their employment.

(§ II, Ord. 1039, eff. July 24, 1981)

(a) The Personnel Officer, as necessary, may issue written policy statements relating to the interpretation or application of this chapter, 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 Officer 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 Officer shall maintain and/or have access to all employee and personnel records, except where specifically prohibited by State or Federal laws.

(e) The Personnel Officer may assign to other personnel staff employees such duties and responsibilities in connection with this chapter deemed proper and expedient.

(§ II, Ord. 1039, eff. July 24, 1981)

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

(b) The personnel polices 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 Officer 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 which arise under the provisions of this section on an informal basis. If a satisfactory resolution cannot be achieved, an employee or applicant shall be directed to pursue those remedies and procedures outlined in the Siskiyou County Employer-Employee Relations Policy and the Siskiyou County Affirmative Action Plan.

(f) The Personnel Office is hereby directed to maintain such employee and other records as are necessary to accomplish the provisions required by the Equal Employment Opportunity Commission and the Siskiyou County Affirmative Action Plan.

(§ II, Ord. 1039, eff. July 24, 1981)

(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 Sections 3201 through 3209 of the Government Code of the State relating to political activities.

(c) All officers and employees whose employment is connected with an activity which is financed in whole or in part by loans or grants made by the United States Government or any Federal agency shall be subject to the provisions of Sections 1501 through 1508 of Title 5 of the United States Code.

(d) 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.

(§ II, Ord. 1039, eff. July 24, 1981)

(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 (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) Any officer or employee who is determined to be in violation of the foregoing prohibited activities may appeal such determination of applicability to the Siskiyou County Board of Supervisors. Said appeal will be heard in accordance with rules of procedure adopted by the Board for the purpose of conducting such appeal hearings.

(f) 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 Personnel Officer.

(§ II, Ord. 1039, eff. July 24, 1981, repealed and replaced by § I, Ord. 97-05, eff. February 27, 1997)

There shall be no conflicting hours of work when a person is employed by two (2) or more County departments or in two (2) or more positions in the same department. Dual employment within the County service shall be subject to review and approval by the Personnel Officer.

(§ II, Ord. 97-05, eff. February 27, 1997)

(a) No employee 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.

(§ II, Ord. 1039, eff. July 24, 1981)

(a) All County employment shall be based on a forty (40) hour workweek.

(b) The workweek shall be established as Sunday through Saturday.

(c) For the purposes of computing fractions of hours worked, the time shall be computed to the nearest half hour.

(§ II, Ord. 1039, eff. July 24, 1981)

(a) The Personnel Officer, in coordination with the appropriate appointing authority, shall be responsible for the recruitment of persons who are to be considered for employment with the County. An active recruitment program shall be conducted to attract suitable numbers of qualified applicants to compete for County service.

(b) Recruitment programs shall be conducted in such a manner and for such time periods as determined by the Personnel Officer to be useful and expedient for the class involved.

(c) No offer of employment may be made to any applicant until after the specified deadline for that position has passed and sufficient time has elapsed for the processing of applications, administration of exams, and the certification and referral of applicants.

(d) The Personnel Officer may utilize job vacancy announcements, bulletins, advertisements, and other methods to publicize employment opportunities with the County.

(e) When Federal or State laws, grants, or contracts stipulate, the Personnel Officer shall be responsible for notifying the appropriate public and private agencies concerning job openings in order to comply with the Siskiyou County Affirmative Action Plan and equal employment opportunity practices.

(f) An appointing authority may limit competition for vacant positions to permanent and probationary employees of the department. Such promotional opportunities shall be made known to all potentially interested and qualified employees of the department by means of a written notice containing the title of the position, minimum qualifications, location of employment, general description of the position, salary, application procedures, and an application filing date which allows reasonable time to apply.

(§ II, Ord. 1039, eff. July 24, 1981)

(a) Applications for employment shall be made on official County job application forms and according to such procedures as may be prescribed by the Personnel Officer. Applications shall be filed at the County Administrator's office or at such places as may be approved by the Personnel Officer on or before any specified final filing date. Any application sent by mail which is received after the final filing date may be processed at the Personnel Officer's discretion if the postmark is prior to the final filing date, and it is still possible to process the application without impeding the screening, testing, certification, or referral process. It shall be the sole responsibility of the applicant to meet the required filing date. In addition, applicants shall submit such documents or supplemental information as required by the Personnel Officer in order to verify or evaluate the applicant's qualifications and background.

(b) Applications shall only be accepted when there is an official vacancy announcement or notice posted for the class title applied for, when there is a vacancy anticipated, or when a class is designated for continuous recruitment. During periods when applications are not being accepted for a particular class, applicants shall have the right to request that a job interest card be kept on file and that they be notified if recruitment is conducted for that class within the next six (6) months.

(c) Applications which are incomplete or improperly executed, at the discretion of the Personnel Officer, may be returned to applicants for proper completion. However, such return shall not obligate the Personnel Officer to reprocess such applications if they are not properly completed and resubmitted on or before the final filing date or in time to be processed.

(d) Neither the issuance of an application form, nor an invitation to apply, shall be construed as incurring an obligation to accept or approve any application subsequently submitted.

(e) Applicants may be rejected by the Personnel Officer and/or refused further consideration, examination, or appointment for any of the following reasons provided such reasons can be substantiated and documented:

(1) The applicant is found to lack any of the minimum qualifications established for the class;

(2) The failure of an applicant to submit an application according to established procedures or within a prescribed time period;

(3) The failure of an applicant to complete the application according to instructions, or failure to submit required documents or additional information, or failure to submit a legible and comprehendible application;

(4) The applicant has willfully made a false statement with regard to qualifications or background or has otherwise practiced deception or fraud in connection with an application;

(5) The applicant has attempted to use, or has used, unauthorized aids, cheated, or otherwise attempted to secure an undue advantage on any examination;

(6) The application submitted is for a job class for which applications are not being accepted at that time;

(7) The applicant has failed to appear for a scheduled examination;

(8) The applicant has failed to pass any phase of the examination process;

(9) The applicant has obtained information regarding examinations to which the individual is not entitled;

(10) The application has been on file for over twelve (12) months;

(11) The applicant is found to be physically or mentally unable to perform the assigned duties of the class applied for;

(12) The applicant has been convicted of a crime or has a record of convictions, the nature of which would affect the individual's suitability for employment in the class;

(13) The applicant has used or attempted to use political or personal pressure or bribery to secure an advantage in obtaining employment;

(14) The applicant is under sixteen (16) years of age;

(15) The applicant is over the legal retirement age;

(16) The applicant is between sixteen (16) and eighteen (18) years of age and has applied for a job which is defined as hazardous by the United States Department of Labor pursuant to the 1974 Federal Fair Labor Standards Act; or

(17) For any other job-related reason the Personnel Officer has determined adversely affects the applicant's suitability for appointment.

(§ II, Ord. 1039, eff. July 24, 1981)

(a) The Personnel Officer, in coordination with the appropriate appointing authority, shall be responsible for the determination and administration of selection methods for filling all positions and establishing whether an examination shall be conducted on an intradepartmental, interdepartmental, or open competitive basis.

(b) Examinations shall measure knowledge, skills, and characteristics validly required for the successful performance of duties for a particular class or classes. The Personnel Officer may use such forms and methods in examining as may be appropriate for the class, including one or a combination of any of the following:

(1) Evaluations of training and/or experience;

(2) Written examinations;

(3) Oral examinations;

(4) Performance and/or simulated work sample examinations;

(5) Medical examinations of health or physical condition where appropriate for the class;

(6) Examinations of physical capabilities, psychomotor control, or dexterity; and

(7) Ratings of past work performance and/or promotional potential.

(c) The Personnel Officer shall establish such time limits, methods of recording answers, regulations for admittance to examinations, policies on retesting, and such other administrative procedures as deemed appropriate for each examination.

(d) The Personnel Officer shall take such measures as are necessary to ensure that uniform standards are maintained regarding instructions, procedures, and other test conditions to afford fair and equal treatment to all applicants for a given examination.

(e) Examinations may be administered at such times and in such places as are necessary and practical.

(f) The Personnel Officer may designate such qualified persons to administer examinations and serve as examiners and test monitors as may be practical and expedient.

(g) The Personnel Officer shall utilize professionally acceptable principles and methods in the development of procedures for scoring, setting passing points, scaling, rounding fractions, converting and combining scores, and weighing examination components as are necessary to ensure that the final scores meet acceptable standards of validity and reliability.

(h) The Personnel Officer shall establish procedures and take such precautions as are necessary to safeguard the security and confidentiality of examination materials and to ensure that equal opportunity to compete is afforded all applicants.

(i) Interviews and other examinations conducted by appointing authorities for the purpose of making final selection decisions from among candidates shall be job related. Appointing authorities may request the Personnel Officer to provide technical assistance in developing and administering such examinations. The Personnel Officer, in coordination with the department head, may develop standards and procedures for the content and administration of final selection examinations relating to such matters as the composition of examination boards, the development and administration of examinations, and scoring methods.

(j) Final selection interviews should not be conducted by one interviewer, except when unusual circumstances make it impractical to have two (2) or more interviewers conduct an examination. For the purposes of judicial or other reviews, the appointing authority shall provide the Personnel Officer with the records of candidates examined, dates, ratings, and other documentation of the results of final selection examinations. Such information shall be kept on file at the County Administrator's office for not less than twelve (12) months.

(k) Appointing authorities shall give sufficient final selection consideration to an adequate number of the available candidates to provide for competitive selection and to ensure the employment of relatively more qualified individuals to the County service. The appointing authority shall be responsible for giving full final selection consideration to all candidates.

(l) The Personnel Officer and/or the appointing authority may hold such supplemental interviews with applicants or make other such inquiries as they deem necessary.

(§ II, Ord. 1039, eff. July 24, 1981)

(a) The probationary period shall be regarded as an integral part of the selection examination process and shall be utilized for closely observing the newly hired or promoted employee's work abilities and performance.

(b) Every peace officer employed by the Sheriff's Department shall satisfactorily complete a probationary period of not less than twenty-six (26) consecutive biweekly pay periods. All other County employees shall satisfactorily complete a probationary period of not less than thirteen (13) consecutive biweekly pay periods.

(c) A newly-hired employee may be discharged at any time during the initial probationary period when the individual's work performance is found not to meet the required standards for the position or for any other job-related reason. The appointing authority shall provide proper notification to the employee and a separation report to the Personnel Officer.

(d) An employee shall attain permanent status unless notified in writing of termination prior to the completion of the probationary period.

(e) An employee who is promoted shall serve a thirteen (13) consecutive biweekly pay period probation in the higher classification, except employees promoted to the class of Deputy Sheriff I or Deputy Sheriff II, who shall serve a twenty-six (26) consecutive biweekly pay period probation.

(f) During a probationary period an employee who had permanent status in a lower class shall be regarded as still having permanent status in that class.

(g) If an employee's performance does not meet the required standards for the class in which the individual was promoted, the employee shall have the right, in lieu of termination, to voluntarily demote back to the former class in which permanent status is held.

(h) Unless notified in writing by the appointing authority prior to the completion of the probationary period, a promoted employee shall attain permanent status upon the completion of the probationary period.

(i) Where an individual fails to pass a promotional probationary period, the appointing authority shall provide specific documentation to the Personnel Officer and employee as to the deficient or unsatisfactory performance.

(j) When an employee takes leave in excess of thirty (30) calendar days while serving any probationary period, the period of probation shall be extended accordingly.

(§ II, Ord. 1039, eff. July 24, 1981)

(a) The Personnel Officer, when necessary, shall establish and maintain registers of applicants who have passed required examinations and/or have otherwise been determined to be eligible for specific classes. Such registers shall contain at least the following information: the names of the eligibles, the examination scores, if applicable, and the geographical areas in which the eligibles are willing to work.

(b) Where an adequate employment register is not available for a classification, the Personnel Officer may certify the names and scores of the eligibles from a related class register.

(c) An eligibility register shall be effective from the date on which it is approved by the Personnel Officer.

(d) All eligibility registers shall be valid for twelve (12) months, unless otherwise extended or shortened by the Personnel Officer, in which case notification shall be sent to those individuals on the register.

(e) If there are four (4) or less names on any eligibility register, the Personnel Officer may consider that list to be exhausted.

(§ II, Ord. 1039, eff. July 24, 1981)

(a) The Personnel Officer may supplement an eligibility register for a class whenever it is deemed necessary or upon the request of the appointing authority.

(b) When a supplemental eligibility register is merged with an existing register, the names shall be placed on the new register according to highest scores.

(c) Persons whose names appear on a merged register shall retain eligibility until the date the original register will expire, subject to the provisions set forth in subsection (c) of Section 2-6.04.04 of this chapter.

(§ II, Ord. 1039, eff. July 24, 1981)

(a) Any person previously employed in a permanent position by the County who separated in good standing shall have the right to placement on a register for the same class in which previously employed with that previous employee's most recent examination score provided that:

(1) The previous employee submits a new application form which is approved pursuant to the current application procedures;

(2) The minimum qualifications for the class have not changed requiring additional qualifying training or experience since the employee's last appointment to that class;

(3) The examinations, scoring procedures, and passing points for the examination for that class have not changed since the previous employee was last examined for that class; and

(4) It has not been more than eighteen (18) months since the previous employee's separation from employment in the class.

(b) Employees voluntarily seeking consideration for appointments, including promotions, transfers, and reappointments to positions in classes other than that of their currently held position, shall submit applications, meet the minimum qualifications, and pass any required examination prior to placement on any register.

(c) Current employees voluntarily seeking consideration for a lateral transfer from one department to another while remaining in the same classification may waive examination if approved by the appointing authority.

(d) Any person who has been previously placed on any register and not hired from that register and whose term of eligibility on the register has expired, at the discretion of the Personnel Officer, may be placed on the new register for that class without reexamination provided that:

(1) The individual submits a new application approved according to the current application procedures;

(2) The minimum qualifications for the class have not changed since the individual was first placed on the register;

(3) The examinations, scoring procedures, and passing points for the class have not changed since the individual was last examined for the class; and

(4) It has not been more than eighteen (18) months since the individual was last examined for the class.

(§ II, Ord. 1039, eff. July 24, 1981)

(a) Eligibles may be removed from registers by the Personnel Officer for any reason set forth in subsection (e) of Section 2-6.03.02 of this chapter or for any of the following reasons:

(1) The eligible has failed to provide notice of any change of name, address, telephone number, or information which would affect qualifications for the class;

(2) The eligible has failed to respond within the prescribed time limit when an attempt has been made to contact the individual in writing at the last known address;

(3) The eligible has failed to appear for a previously scheduled final selection examination;

(4) The eligible has been on the register for over twelve (12) months;

(5) The eligible has failed to pass any phase of a final selection examination;

(6) Upon notice from the eligible that the individual no longer desires consideration for an appointment;

(7) The eligible has failed to respond within a reasonable time to an inquiry to determine if the individual desires continued consideration for an appointment;

(8) The candidate has refused an offer of appointment to a given class in a location and meeting other conditions of availability previously indicated;

(9) The eligible has been appointed from the register;

(10) The eligible has been appointed to a higher paying class, unless the individual has specifically requested to remain on the register for the lower paying class; or

(11) Upon the failure, without good cause, of an appointed candidate to report for duty on the date agreed to by the candidate and the appointing authority.

(b) Whenever an eligible has provided information on an application form or otherwise submits a statement restricting the geographical areas, types of appointment, or other conditions relative to availability for, or willingness to accept, an appointment, such eligible shall not be considered to be available for certification or consideration for vacancies which do not meet the conditions of indicated availability.

(c) The Personnel Officer shall have the authority to abolish a register or require the reapplication and/or reexamination of eligibles on a register when:

(1) The minimum qualifications for the class have changed;

(2) The positions having that classification no longer exist in the County service;

(3) The examinations, scoring procedures, or passing points have been changed since those eligible were placed on the register; or

(4) For other reasons involving the adequacy of the register in meeting current needs.

(§ II, Ord. 1039, eff. July 24, 1981)

(a) When a vacancy in an authorized position occurs, or is about to occur, the appointing authority shall notify the Personnel Officer in writing giving details as to the position, classification, individual terminating, termination date, and desire to refill the position.

(b) The Personnel Officer and/or the County Administrator shall review the request and consult with the appropriate appointing authority. If it is determined by such review that the position be filled as currently classified, the Personnel Officer shall authorize recruitment. If it is determined that the position not be filled as currently classified, the Personnel Officer and/or County Administrator shall make an appropriate recommendation to the Board for its review.

(§ II, Ord. 1039, eff. July 24, 1981)

(a) When a vacancy is to be filled, the Personnel Officer shall provide the appointing authority with a referral certificate of candidates and their applications for final selection consideration. Appropriate recruitment activities shall be taken prior to any certification or referral of candidates to the appointing authority.

(b) Unless otherwise specified by the Personnel Officer, the candidate group referred shall consist of all those eligibles certified to the register for the class of the vacant position by the Personnel Officer. Appointing authorities shall appoint and promote only from among those persons who are certified to them by the Personnel Officer.

(c) In cases where some eligibles can be reliably designated as being more qualified than others on the register, on the basis of an examination which is valid for ranking purposes, the Personnel Officer may limit the size of the candidate group referred to a designated range of scores of eligibles who have been found to be relatively more qualified than others on the register.

(d) The appointing authority shall review and make the final selection, subject to the provisions of this chapter.

(e) All applications submitted to appointing authorities for review shall be returned to the Personnel Officer after examination along with the examination results, oral interview sheets, and any other materials used in evaluating candidates.

(f) The provisions of Section 2-6.05.01 of this chapter and this section shall not be applicable in the case of emergency appointments, involuntary reappointments, and the reinstatement of employees who have been separated within twenty-four (24) months, or the time extended by the Personnel Officer, due to a reduction in force and appointment to permanent status following the successful completion of probation.

(g) Requests to underfill a position assigned an alternate classification shall require prior approval by the Personnel Officer.

(h) Where an employee has underfilled a classification authorized by the Board at a higher range and classification, and the employee has some prior experience of the same type and level towards meeting the minimum qualification for the higher class, credit towards the higher class may be granted by the Personnel Officer upon a written request by the department head. Credit shall be granted on a biweekly basis provided payroll information from previous employers showing the actual hours worked is provided by the requesting department.

(§ II, Ord. 1039, eff. July 24, 1981)

(a) At the written request of the appointing authority, the Personnel Officer may limit certification to current employees of the particular department provided such request is made prior to any certification for the vacancy.

(b) The Personnel Officer may limit certification to current County employees. If the department head, after interviewing those certified, determines that other candidates should be reviewed, the Personnel Officer shall provide a list of certified candidates solicited from the general public.

(§ II, Ord. 1039, eff. July 24, 1981)

(a) Except for emergency appointments, persons employed in or appointed to any position in the classification plan requiring permanent full-time or permanent part-time status shall possess substantially the qualifications of training and experience required for that classification as outlined in the class specifications. County employees holding positions on July 24, 1981, shall be deemed qualified for the classifications to which they are assigned.

(b) No appointment shall be made unless it has been determined that the individual is physically and mentally able to perform the duties of the class. This may require an appointed candidate to satisfactorily complete a medical examination given at County expense.

(c) Prior to making a commitment to hire, the appointing authority shall be responsible for determining that the following conditions are met:

(1) The person recommended for appointment is in the certified candidate group;

(2) The person recommended for appointment meets the requirements of subsections (a) and (b) of this section; and

(3) The appointment does not conflict with the rules concerning the employment of relatives as set forth in Section 2-6.05.11 of this chapter.

(§ II, Ord. 1039, eff. July 24, 1981)

(a) It shall be the policy of the County to appoint the most qualified candidates to the County service and to provide fair and equitable treatment to all candidates eligible for appointment.

(b) The final selection consideration shall be in accordance with the policies and procedures set forth in the affirmative action plan.

(§ II, Ord. 1039, eff. July 24, 1981)

(a) All probationary appointments shall be made from eligibles on the appropriate register and in the candidate group. The appointing authority shall appoint, subject to authorization by the Personnel Officer, the most qualified candidate from among those given final selection consideration, taking into account only valid factors relevant to the requirements of the vacant position, including those knowledges, skills, and personal characteristics not yet measured by previous examinations.

(b) All promotional appointments shall be made from among permanent and probationary employees on the appropriate register and in the candidate group. Promotions shall be made in such fashion as to encourage upward mobility within the County work force.

(c) Appointments may be made to vacant positions of persons presently employed in the same class without an application and without regard as to whether such employee is on the register for that class. All employees in a given class of position shall be considered to be given a transfer appointment. Interdepartment transfers shall require the prior approval in writing to the Personnel Officer of both of the department heads concerned.

(§ II, Ord. 1039, eff. July 24, 1981)

(a) If only four (4) or less available eligibles exist in the candidate group, a provisional appointment of an applicant not on the register can be made by the appointing authority upon the approval of the Personnel Officer. Such provisional appointments shall last for a period no longer than sixty (60) days or until thirty (30) days after an adequate register is established, whichever occurs first. The Personnel Officer may extend a provisional appointment for a period not to exceed sixty (60) days when difficulty recruiting a sufficient number of applicants is encountered.

(b) Provisional appointments may be made only of those persons who have filed an official application and who have been approved by the Personnel Officer as meeting the minimum qualifications for the class.

(c) Persons who have been provisionally appointed may be given a subsequent probationary appointment only after the following conditions are met:

(1) The provisional appointee is certified to the register and is among the candidate group; and

(2) Only after other candidates have been considered in a competitive fashion and the appointing authority determines the provisional appointee is the most qualified from among those given final selection consideration.

(§ II, Ord. 1039, eff. July 24, 1981)

(a) Appointments of candidates to provide additional help above that provided by regular permanent positions may be allowed provided adequate funds are available for such purpose in a department's budget.

(b) The classification for such extra help employees shall be determined by the Personnel Officer based on the department head's request and the duties assigned the position.

(c) The maximum duration of employment for all extra help appointments shall be five (5) months. Where the hiring authority demonstrates a compelling need to retain an individual on extra help status, the Personnel Officer may authorize an extension.

(§ II, Ord. 1039, eff. July 24, 1981)

(a) When fully qualified persons cannot be recruited to fill a position that the Board allocated with alternate classification levels in the salary ordinance, the appointing authority may make a request to the Personnel Officer that the position be filled at the lower salary range and classification. If approval is granted, the appointing authority shall notify the County Auditor for incorporation into the official payroll records.

(b) The Board, in coordination with the Personnel Officer, shall establish the procedures for the appointment of department heads where appropriate under law.

(c) Appointments may be made by department heads, upon the approval of the Personnel Officer, of persons not on registers when a situation exists which is critical and essential to the department or when an emergency threatening the public health, safety, or welfare exists requiring the immediate employment of additional personnel. If the Personnel Officer is not immediately available for notification and approval, the department head may make an immediate appointment provided notice is given upon the Personnel Officer's first available workday. An official application for the person or persons appointed shall be submitted within five (5) working days from the date of the appointment, accompanied by a statement showing the cause for the emergency appointment. Emergency appointments shall not exceed thirty (30) days.

(§ II, Ord. 1039, eff. July 24, 1981)

(a) Upon an offer and acceptance of employment, the appointing authority shall forward a fully executed job application and personnel action form for the successful candidate to the Personnel Officer at least three (3) working days prior to the employee's first day of work, or no later than one working day following the acceptance of employment when the first date of employment is less than three (3) working days prior to the date of acceptance.

(b) The appointing authority shall notify the Payroll Section within two (2) working days of the first date of employment for all new hires and promotional appointees.

(§ II, Ord. 1039, eff. July 24, 1981)

(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;

(2) One relative employee does not supervise the other relative employee;

(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) Requests to deviate from the provisions of subsections (a) and (b) of this section due to unusual circumstances shall be submitted in writing to the Personnel Officer and shall include the following information:

(1) The names and addresses of the persons concerned;

(2) Their class titles, divisions, sections, and work units;

(3) Their work location, including the city, building, and room; and

(4) The names of their immediate supervisors and subordinates.

(d) The Personnel Officer shall review the request and make a recommendation to the Board based on such relevant factors as recruiting difficulties, agency reporting relationships, work locations, functions, of the work system, and any other factors having a valid bearing on the accomplishment of the program goals and/or a potential job performance of current employees and the relative persons involved.

(e) The Board shall make a final decision to approve or disapprove the request based on the Personnel Officer's recommendation and the best interests of the County.

(f) The provisions of this section shall not apply to those employees who, on June 24, 1981, 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 County employees and in cases involving the marriage of a County employee.

(§ II, Ord. 1039, eff. July 24, 1981)

(a) An employee intending to voluntarily separate from the County service shall submit notification to the immediate supervisor specifying the effective time and date of the intended resignation. Such notification should be provided as far in advance as possible.

(b) A resignation shall be effective on the date specified in the employee's notification. If an employee fails to provide notice, the effective date of the resignation shall be the date provided the Personnel Officer by the appointing authority.

(c) An employee, after having provided notification pursuant to subsection (a) of this section, wishing to change the effective date or rescind the notice may be allowed to do so at the discretion of the department head provided no vacancy announcements or notices for the anticipated vacancy have been released or recruitment has otherwise been undertaken by the Personnel Officer.

(§ II, Ord. 1039, eff. July 24, 1981)

(a) Any employee who fails to provide notification of absence and is absent for (3) consecutive days within the normal workweek without being on authorized sick leave, authorized vacation, authorized compensatory leave, or authorized leave of absence shall have automatically resigned employment with the County. For the purposes of this section, any unauthorized absence during any portion of the employee's normal working day shall be held to be an unauthorized absence for the entire day. Nothing in this section shall prevent an appointing authority from suspending or discharging an employee on account of an unauthorized absence.

(b) Any employee terminating employment in the manner provided by this section shall be held to have left the County service by resignation.

(c) The automatic resignation provided for in this section may be rescinded by the department head if such employee presents satisfactory reasons for the absence in writing within five (5) days of the effective date of the automatic resignation and provided no vacancy announcements or notices for the anticipated vacancy have been released or recruitment has otherwise been undertaken by the Personnel Officer.

(§ II, Ord. 1039, eff. July 24, 1981)

(a) When a County employee is terminated by resignation, dismissal, or other cause, the appointing authority shall file a personnel action form reporting the separation and an exit interview for unemployment insurance purposes with the Personnel Officer.

(b) Such forms shall be filed with the Personnel Officer immediately, but in no case later than two (2) working days following notification of termination.

(c) The Personnel Officer shall review the documents and forward a copy to the County Auditor-Controller.

(d) The procedure for handling dismissals shall be in accordance with law and the Siskiyou County Employer-Employee Relations Policy.

(§ II, Ord. 1039, eff. July 24, 1981)

(a) Whenever it is necessary, due to the lack of funds or the Board otherwise determines that a reduction or elimination of services performed by any or all departments is needed, employees within the department, including those on an approved leave of absence, may be laid off, transferred, or demoted as set forth in this section. Employees affected by a reduction in force in the Welfare Department or the Office of Emergency Services shall follow those guidelines established by the State Personnel Board and administered by local agency personnel.

(b) If reduction in force separations are necessary, employees with a normal workweek of less than twenty (20) hours within the class within their department having the least continuous equivalent County service shall be separated first. The order of separation shall be by employee status categories and shall be as follows:

(1) Emergency;

(2) Student interim;

(3) Extra help;

(4) Provisional;

(5) Probationary; and

(6) Permanent.

(c) Employees occupying positions designated for abolishment shall have the right to exercise their available options to transfer, demote, or be laid off based on seniority, as provided in this section, with the most senior employees having greater potential right of continued employment than those of lesser seniority.

(d) Seniority right shall be based on all continuous County employment in a permanent position within the affected class without a break due to separation, subject to the provisions contained in this section; rights to transfer and/or demote shall be within the employees' department only, except as set forth in subsection (2) of subsection (g) of this section.

(e) The Personnel Officer shall establish a seniority list by classification for each County department. Each employee appointed to a permanent position shall receive a seniority credit for each calendar day of permanent employment, with the following exceptions:

(1) Seniority credit shall not be granted for those periods an employee is on leave of absence without pay in excess of thirty (30) calendar days consistent with the provisions of subsections (b) and (d) of Section 2-6.09.04 of this chapter, layoff, or other periods of uncompensated leave.

(2) Seniority credit shall not be granted for those periods when an employee is on extra help status or is otherwise not occupying a permanent position.

(3) Employees separated due to a reduction in force who are reinstated within two (2) years after layoff, or within the time extended by the Personnel Officer, shall be granted credit for those compensated periods prior to the reduction in force separations.

(4) The seniority of employees who have worked in nonfull-time permanent positions shall be determined by converting the total hours worked to yearly equivalents.

(f) When two (2) or more employees have the same seniority, the tie shall be broken and preference given in the following sequence:

(1) Employees with the greatest seniority in the class series in the department in which the layoff is being made;

(2) Total County service; and

(3) The recommendation of the department head.

(g) Employees subject to layoff may be eligible to be demoted or may request transfer subject to the following provisions:

(1) An employee who has prior permanent service in a lower level class in the same department may demote to that lower level class.

(i) Any employee demoted pursuant to the provisions of this subsection shall be deemed the most senior employee in such lower class.

(ii) In the event two (2) or more employees are demoted pursuant to the provisions of this subsection, the employee with the most seniority at the higher class shall be deemed the most senior employee in the lower class. The employee with the least seniority occupying a position in the lower class may in turn be laid off, demoted, or transferred in the same manner to the end that the last person employed in the lowest class shall be the person laid off.

(2) An employee subject to layoff may submit a written request to be considered for transfer to any vacant position in a class for which the employee meets the minimum qualifications as provided in the class specification, and as determined by the Personnel Officer, provided such class has an equivalent or lower salary range.

(i) The employee may be transferred to the vacant position with the approval of the appointing authority wherein such position exists and subject to serving the probationary period for the new class.

(ii) Seniority in the new class shall be determined based upon the effective date of the transfer.

(iii) For the purposes of this section, "equivalent salary range" shall mean a range with a maximum salary which is not more than two (2%) percent higher than the salary range for the class from which the transfer is sought.

(h) To be considered for transfer or demotion in lieu of layoff, an employee must notify the Personnel Office in writing within ten (10) calendar days from the date on the layoff notice.

(i) Seniority rights are deemed to be waived if an employee is unwilling to relocate to the geographical area assigned a position.

(j) Those departments covered by Merit System Personnel Standards of the California State Personnel Board shall be obligated to adhere to the reduction in force policies and procedures established by the State Personnel Board.

(k) Employees who are re-employed in permanent positions within twenty-four (24) months of the layoff date, or within the time as extended by the Personnel Officer, shall be credited with all seniority time less the actual period of layoff. Re-employed employees shall be credited with all accrued sick leave at the time of layoff and shall earn vacation benefits at the rate established prior to layoff including adjustments in the rate made after layoff. No employee shall earn or be credited with vacation or sick leave for the layoff period. Employees returning to their former positions shall not be required to serve new probationary periods.

(§ II, Ord. 1039, eff. July 24, 1981, as amended by § 1, Ord. 87-16, eff. July 24, 1987)

(a) The Personnel Officer shall issue a written notice to the last known address of each employee affected by a layoff at least fourteen (14) calendar days prior to the effective date of the action. A copy of the written notice shall be sent to the employee's work site and a copy sent to the appropriate bargaining unit representative.

(b) The Personnel Officer shall issue the layoff notice to the employee or employees selected for layoff following the provisions of Section 2-6.06.04 of this chapter.

(c) The layoff notice shall include the reason for the layoff, the effective date of the layoff, and pertinent information concerning the employee's right to transfer, demotion, or reinstatement.

(d) The Personnel Officer shall establish an intradepartmental reemployment list for each department according to each class in which layoffs or elimination of services occur. The list shall take precedence over any other employment list. Such list shall contain the names of the employees who were laid off or demoted in lieu of layoff from that class within the respective department. Departments shall fill all vacancies in affected classes with persons on appropriate class intradepartmental reemployment lists. Individuals shall be certified to the list based on seniority subject to the provisions of Section 2-6.06.04 of this chapter. The list shall be used in such a manner whereby when a position becomes available, it shall be offered to the most senior person within the class on the list in the class where the position exists. Under no circumstance shall the list be used in a manner which would result in a promotion being given to any person contained thereon. Names on the list shall automatically be removed after two (2) years, unless the list life is extended by the Personnel Officer. An employee's name shall be removed from the intradepartmental reemployment list and the employee's employment rights terminated if the employee fails to accept an offer of reemployment within ten (10) calendar days after the receipt of the offer, or, after accepting a job offer, fails to report to work within thirty (30) calendar days, or for any of the reasons set forth in Section 2-6.05.05 of this chapter.

(e) The Personnel Officer shall also establish an interdepartmental reemployment list from among those employees laid off. A County job application shall be issued to each laid off employee which shall be returned to the Personnel Officer within ten (10) days after the date issued in order to qualify for the interdepartmental reemployment list. Individuals included in the interdepartmental list will be considered for employment before any other employment list, except the intradepartmental list.

(f) If, after the intradepartmental list is utilized, a vacant position still exists, the interdepartmental list shall be certified to the department. Each laid off employee shall be included on an interdepartmental reemployment list for all classifications with a lower maximum salary in the same series as the classifications in which permanent status was held; and all classifications with a lower maximum salary requiring similar knowledge, skills, and abilities as determined by the Personnel Officer. Under no circumstance shall the list be used in a manner which would result in a promotion being given to the person contained thereon.

(g) The appointing authority, after conducting appropriate selection procedures, may hire from among those eligibles on the list. An employee who qualifies for selection will have to serve the normal probationary period for the class. If none of the eligibles on the interdepartmental list is suitable, the department will then be given certified names from other open or promotional lists.

(h) The interdepartmental reemployment list shall last two (2) years and will automatically expire, unless the list life is extended by the Personnel Officer. An employee's name shall be removed from the interdepartmental reemployment list and the employee's employment rights terminated if the employee fails to accept an offer of reemployment within ten (10) calendar days after the receipt of the offer, or, after accepting a job offer, fails to report to work within thirty (30) calendar days, or for any of the reasons set forth in Section 2-6.04.04 of this chapter.

(i) After a reemployment list is established and during its life another reduction in force takes place, the Personnel Officer shall merge the reemployment lists for the appropriate classifications. The order in which names shall be certified shall be subject to the provisions of Section 2-6.06.04 of this chapter. The total time on all reemployment lists, whether original or merged, shall not exceed two (2) years, unless extended by the Personnel Officer.

(§ II, Ord. 1039, eff. July 24, 1981, as amended by § II, Ord. 87-16, eff. July 24, 1987)

Whenever a reduction in work hours is approved by the Board, employees occupying positions affected by the reduction in hours shall be subject to the provisions contained in this section.

(a) Employees subject to reduced hours in excess of forty (40%) percent of their normal work hours or reduction of the normal work hours to less than fifty (50%) percent of full time shall have the right to transfer and/or demote, subject to the provisions of Section 2-6.06.04 of this chapter.

(b) Employees subject to reduced hours of forty (40%) percent or less of their normal work hours, and their normal work hours remain fifty (50%) percent or more of full time, shall not be subject to the provisions of Sections 2-6.06.04 and 2-6.06.05 of this chapter.

(§ III, Ord. 87-16, eff. July 24, 1987)

(a) A position classification plan covering all County employees shall be established and maintained on a current basis by the Personnel Officer. The Board, upon the recommendation of the Personnel Officer, by resolution adopted by a majority vote, may create new classes or divide, combine, or abolish existing classes.

(b) The position classification plan shall consist of a list of all position classes currently in use by the County and a complete set of class specifications.

(1) A class specification is a reference standard which serves to illustrate, define, and characterize a group of positions comprising a classification. Class specifications are designed to depict the kinds of positions which may be properly allocated to a classification. The task content of a class specification is not intended to be, nor shall it be construed as being, all inclusive, restrictive, or precisely descriptive of the duties and responsibilities of any particular position within the classification.

(2) The Personnel Officer shall prepare and maintain class specifications for each classification which shall contain the following information:

(i) Classification title;

(ii) Definition and general description of the class;

(iii) Examples of typical tasks performed;

(iv) Minimum qualification standards;

(v) Knowledges, skills, and abilities required for satisfactory performance in the classification; and

(vi) Any other information considered by the Personnel Officer to be necessary.

(§ II, Ord. 1039, eff. July 24, 1981)

(a) The Personnel Officer shall have the responsibility and authority to obtain any information necessary for use in the position allocation process. In obtaining position information, the Personnel Officer shall utilize such data collection methods as determined appropriate. As necessary, the data collection of position information may include the study of relationships with other positions, tasks performed in other positions, organizational structures, program goals, and other factors which relate to the allocation of the position involved.

(b) Department management and employees shall cooperate with the Personnel Officer in the collection of position data by providing access to work areas, making employees available, and otherwise facilitating the data collection process by responding to specific requests and volunteering other information which may have a bearing on the position allocation.

(c) Only official class titles shall be used to designate a classification or the classification of positions in all personnel, payroll, and budget correspondence, forms, reports, records, and other documents involving personnel administration matters.

(§ II, Ord. 1039, eff. July 24, 1981)

(a) Upon the recommendation of the Personnel Officer, the Board shall have the sole authority to allocate and reallocate positions as they are found to exist in the work unit.

(b) Prior to an allocation or reallocation of a position to a classification by the Board, the Personnel Officer shall:

(1) Review existing classes to identify the class which most adequately embraces the major characteristics of the position to be allocated or reallocated, if such a class exists, and discuss the position with the appropriate supervisor and/or department head;

(2) Consider relevant position characteristics in respect to the position such as:

(i) Tasks assigned to the position;

(ii) Work objectives and purposes of the position;

(iii) Levels of authority and responsibility involved in the position;

(iv) Exercise of discretion and judgment required by the position;

(v) Supervision of the position;

(vi) Management of work processes and programs;

(vii) Types and levels of knowledge and skills required for satisfactory performance; and

(viii) Typical types and minimum levels of training and/or experience required for acceptable performance upon appointment to the position; and

(3) Discuss the matter with the appropriate department head and the Personnel Committee of the appointed bargaining unit when a position is being considered for downgrading.

(c) The information set forth in subsection (b) of this section shall be presented to the Board by the Personnel Officer for consideration and approval by a majority vote.

(d) Upon the completion of the position allocation or reallocation process, the Personnel Officer shall provide written notification to the appropriate department of any change in classifications.

(e) Upon the reallocation of a filled position, the incumbent shall submit evidence of qualifying experience and/or education to the Personnel Officer within three (3) working days in order to remain in the new class.

(f) The effective date of an allocation or reallocation shall correspond with the first pay period following its approval or on the date specified by the Board.

(§ II, Ord. 1039, eff. July 24, 1981)

(a) The Personnel Officer shall conduct position audits as necessary to ensure that the position classification plan is maintained on a current basis.

(b) Department heads may request a review of a current allocation whenever permanent and substantial changes to a position have occurred to the extent that the position has become significantly different in nature than it was when last allocated. Such requests shall include the position classification, the current incumbent, and the nature of the changes in the responsibilities and duties of the position.

(c) If an employee, upon the review of the class specification for the position occupied, has reason to believe that the position is not properly allocated, the employee may submit to the department management a written request for a review of the position's allocation. If the department head determines that a review of the allocation is warranted, such requests shall be made in accordance with the provisions of subsection (b) of this section.

(d) Upon the receipt of a request for a review of a position allocation, the Personnel Officer shall evaluate the request and determine if a review of the position is justified. If an evaluation of the position is conducted, the procedures set forth in Section 2-6.07.03 of this chapter shall be followed.

(§ II, Ord. 1039, eff. July 24, 1981)

(a) When a department head feels that additional permanent full-time and/or permanent part-time positions are needed to fulfill program objectives, a written request shall be submitted to the County Administrator stating the needs and reasons for the position or positions.

(b) The County Administrator shall evaluate the proposal, request a thorough analysis of the program through the personnel staff, and make an appropriate recommendation to the Board with the appropriate department head present.

(c) Based on the information provided, the Board, by a majority vote, shall determine whether the request for additional positions shall be approved or denied.

(§ II, Ord. 1039, eff. July 24, 1981)

(a) The schedule of salary ranges and steps and the alphabetical schematic list of classes and salary ranges as approved by the Board shall constitute the compensation plan applicable to all positions in the County service.

(b) The compensation plan shall be maintained by the Personnel Officer and shall serve as a reference index for determining the compensation rates associated with a designated salary range. All salaries prescribed shall be biweekly rates and monthly equivalents. For extra help and other positions where it is more appropriate to pay upon an hourly basis, the hourly rate of pay applicable to the salary range shall be shown in the schedule of salary ranges.

(c) Adjustments to the compensation plan shall be made on a periodic basis by a majority vote of the Board based upon such factors as the level and responsibility of the work performed, samples of prevailing rates for similar jobs paid by comparable and/or competing employers, cost of living, internal relationships between classes, and other valid factors.

(§ II, Ord. 1039, eff. July 24, 1981)

(a) The salary schedules for each class as set forth with such amendments as may be adopted by the Board shall have the force and effect of law. The salaries or rates of compensation prescribed shall be fixed on the basis of permanent full-time service in permanent full-time positions, unless otherwise designated. The rates of pay prescribed shall be deemed to include pay in every form, except as authorized and incurred incident to employment or as approved by the Board by law, collective bargaining agreements, Memorandums of Understanding, or provided in this chapter.

(b) The rate of pay of a County employee shall correspond with the letters A, B, C, D, and E, respectively, which denote the various steps in the salary range.

(1) The rate of pay upon appointment to a classification shall be at Step A of the assigned salary range, except as provided in Section 2-6.08.03 of this chapter.

(2) Step A shall be paid for the first thirteen (13) pay periods of continuous employment for all permanent County employees working one-half (½) time or more. Upon satisfactory performance at Step A, the employee shall become eligible for an increase to Step B.

(3) Permanent County employees working one-half (½) time or more shall be eligible for increases to Steps C, D, and E, respectively, after satisfactory performance during twenty-six (26) consecutive pay periods at the preceding lower step.

(4) If an employee begins work as a new hire on any day other than the first day of the biweekly pay period, the date from which the length of service shall be measured shall be adjusted to the first day of that pay period or the first day of the next pay period, whichever is closer.

(c) All step increases shall be made on the basis of merit as established by employee job performance and upon the approval of the department head, or by the Board in cases involving a step increase for an appointed department head. No step increase shall be given when inferior work, as documented by the employee's supervisor, is evident.

(d) Whenever a permanent employee working one-half (½) time or more takes an authorized leave of absence in excess of thirty (30) calendar days, the length of service in the current step shall be extended accordingly, and a new anniversary date shall be established as provided for and in accordance with Section 2-6.09.04 of this chapter.

(e) Extra help and permanent employees working less than one-half (½) time shall be hired at Step A of the appropriate range for the class, except as provided in subsection (c) of Section 2-6.08.03 of this chapter, and may be granted step increases by the Personnel Officer upon satisfactory performance and at the department head's request. Step increases, however, shall be computed on a pro rated basis equivalent to half time (½) service as set forth in subsection (b) of this section and based on the actual hours worked.

(f) No provision of this section shall be deemed to preclude the authority of the Board to declare a moratorium on step increases.

(§ II, Ord. 1039, eff. July 24, 1981)

(a) Advance steps for new hires and voluntary reappointments to permanent full-time and permanent part-time positions may be requested under the following provisions and conditions:

(1) That there is a demonstrated inability to recruit applicants at the entry level step as certified by the Personnel Officer; or

(2) Prior to the appointment of a new employee to a class or of a present employee seeking a voluntary reappointment, the department head shall make a written request to the Personnel Officer to establish compensation at a rate of Steps B through E in the range assigned to the class when a candidate has training and/or experience beyond the minimum qualifications which training and/or experience is of the same type and level as that involved in the full and satisfactory performance in the class to which the candidate is being appointed. Such request shall follow prescribed procedures and provide sufficient documentation to enable the Personnel Officer to determine the eligibility for advanced steps; and

(3) Such information shall be presented to the Board by the Personnel Officer with the appropriate department head or a representative of the department head present. The Board, by a majority vote, shall authorize the appointment at a level above the entrance step of the appropriate range.

(b) Upon the reinstatement of a previous permanent employee separated due to a reduction in force or otherwise terminated in good standing, the compensation rate may be established at any step in the range for the class upon the approval of the Personnel Officer provided the rate shall not exceed the step occupied at the time of leaving County service, and the class specifications for the classification have not changed.

(c) Upon the request of the department head, an extra help employee may be hired above Step A of the appropriate range if such employee has had prior service in a permanent position in the same classification within the same department, or if the individual is currently employed in a permanent position in the same classification in another County department. Such requests shall be made in writing to the Personnel Officer who shall approve, disapprove, or modify the requests, based on the individual's training and/or experience and the needs of the County.

(d) The compensation for an employee receiving a promotional appointment to a permanent full-time or permanent part-time position shall be at the entrance step of the promoted class, or within Five and no/100ths ($5.00) Dollars of a five (5%) percent increase in the biweekly salary, whichever is the greater. However, in no case shall the salary exceed the maximum step assigned to the promoted class.

(e) Prior to a promotion a department head may request approval to establish a compensation rate for a promotional candidate at a higher step in the range than that provided in subsection (d) of this section. The provisions and conditions established by subsection (a) of this section shall govern such requests.

(f) A new anniversary date shall be established upon the promotion date of an employee.

(g) Disciplinary demotions shall be handled under the guidelines and procedures established in the Siskiyou County Employer-Employee Relations Policy Manual. Upon a disciplinary demotion, an employee shall be assigned to any step in the lower classification range which is at least five (5%) percent less than the salary received in the previous class. The employee shall lose all seniority rights in the previous class, and the time served in the previous class shall be credited to the new class for the purpose of establishing seniority lists. All disciplinary demotions shall require approval by the department head. The Personnel Officer shall insure that disciplinary demotions are handled according to proper procedures. A new anniversary date shall be established upon the effective date of the demotion.

(h) If an employee transfers to a different position in the same class, or to a different classification with the same salary range, no pay adjustment shall be made, and the individual's anniversary date shall remain the same.

(i) Upon an involuntary reappointment, the employee shall continue to receive the same rate of pay if that rate corresponds with a step in the new range. If the employee's rate of pay does not correspond with a step in the range for the new class, the employee's rate of pay shall be reduced to the nearest dollar amount in the new range. If the employee's pay prior to the involuntary reappointment is above the maximum step in the new range, the pay shall be established at the maximum step in the new class. Under no circumstance shall an employee receive a salary increase upon an involuntary reappointment.

(§ II, Ord. 1039, eff. July 24, 1981)

(a) If an occupied position is reallocated to a higher salary range, and if the incumbent meets the minimum qualifications for the new class and remains in the position, the incumbent shall receive the entry level salary step or within Five and no/100ths ($5.00) Dollars of a five (5%) percent increase in the biweekly salary, whichever is the greatest. However, in no case shall the new salary exceed the maximum step of the salary range for the classification. A new anniversary date shall be established upon the date of the reallocation.

(b) If a position is reallocated to a classification with the same salary range, the salary and anniversary date of the incumbent shall not change.

(c) If a position is reallocated to a class with a lower salary range, and the incumbent's rate of pay does not correspond with a step in the new range, the salary shall be "Y" rated. Any such "Y" rate shall be indicated with a capital "Y" following the salary on all personnel and payroll records and transactions. No salary increase, including cost of living increases, shall be given to incumbents occupying "Y" rated positions until such time as the "Y" rates are removed by adjustments to the compensation plan. "Y" rates shall also be cancelled upon the separation of an employee in the "Y" rated position.

(d) When an employee is appointed to a temporary assignment, there shall be no change in pay during the first sixty (60) calendar days of the assignment. If an extension is granted by the Personnel Officer, and the salary for the class is higher than the range for the class of the employee's regular position, the rate of pay during the extended period shall be at the first step of the assigned range for the classification or within Five and no/100ths ($5.00) Dollars of a five (5%) percent increase in the biweekly salary, whichever is the greatest. However, in no case shall the new salary exceed the top step in the salary range for the classification. Time served as a temporary appointment shall be credited as continuous service in the individual's regularly assigned position.

(§ II, Ord. 1039, eff. July 24, 1981)

(a) A sampling survey of prevailing rates for similar jobs paid by comparable and/or competing employers may be conducted annually. As necessary, additional surveys for particular classes or bargaining units may be conducted by the Personnel Officer. Employees shall not conduct salary surveys on County time and equipment without the prior written approval of the Personnel Officer. If a department employee is authorized to conduct a survey pursuant to this section, the employee shall make arrangements through the appropriate department head.

(b) All adjustments based on data compiled from salary surveys shall require majority approval by the Board. Incumbents affected by such adjustments shall retain their same step and anniversary date in the new range.

(§ II, Ord. 1039, eff. July 24, 1981)

(a) A department head, on an employee's step date, may grant a one step increase in salary provided the employee's salary is not already at the maximum step in the range for the assigned class. Such step increases shall be granted only if the department head has determined that the employee's performance has been satisfactory since the last step date or since a probationary appointment, whichever is more recent.

(b) If an employee's performance has not been satisfactory, the department head shall provide written notification to the employee specifying the reasons a step increase will not be granted. A copy of such notification shall be sent to the Personnel Officer. Such notification shall be provided prior to the employee's step date. A denied step increase may be subsequently granted by a department head in accordance with the evaluation procedures established in the Siskiyou County Employer-Employee Relations Policy.

(c) If two (2) or more pay adjustments occur on the same effective date, such adjustments shall be made in the following sequence: (1) Adjustments to the table of pay rates;

(2) Pay adjustment resulting from salary surveys;

(3) Step increases; and

(4) Pay adjustments resulting from promotions, reappointments, and position reallocations.

(§ II, Ord. 1039, eff. July 24, 1981)

(a) Any permanent employee, after the completion of six (6) months of continuous service, shall be entitled to compensation in lieu of accrued vacation leave upon separation, payable as of the last day of employment.

(b) Permanent employees with five (5) or more years of continuous service, upon death or retirement, shall receive thirty-three and one-third (33- 1 / 3 %) percent of the monetary value of their accumulated sick leave for all but ninety-six (96) hours, subject to the following conditions and restrictions:

(1) The retiring employee shall have reached the minimum retirement age permitted by the Public Employee's Retirement System of the State and be receiving retirement benefits.

(2) When an employee dies while in the County service, only a surviving spouse or a designated beneficiary shall be eligible for such benefit.

(3) The maximum amount payable pursuant to the provisions of this subsection shall be One Thousand Five Hundred and no/100ths ($1,500.00) Dollars, unless altered by a Memorandum of Understanding.

(§ II, Ord. 1039, eff. July 24, 1981)

(a) It is the policy of the County to avoid the necessity of overtime work whenever possible. When overtime work is necessary to provide County services, employees shall be compensated according to and at such rates as are specified by:

(1) A duly ratified collective bargaining agreement between the County and an organization representing the employees designated therein; or

(2) Policies, rules, and/or regulations promulgated by the Personnel Officer and ratified by a majority vote of the Board.

(b) The department head shall be responsible for the administration of this policy in accordance with the terms and conditions as set forth and approved. Such responsibilities include, but shall not be limited to, the following:

(1) The distribution of policy to all management personnel on a periodic basis;

(2) The discussion of policy with managers and supervisors to be certain it is properly understood and followed;

(3) The authorization of overtime work to be performed by a department employee covered under this policy;

(4) Ensuring that adequate funds are available to compensate employees for overtime work; and

(5) The application of adequate controls to ensure that overtime work is not performed if such work has not been officially authorized.

(c) Overtime shall be computed on the basis of the actual hours worked in excess of an employee's regular workweek. Overtime of less than thirty (30) minutes in excess of the regular workday shall not be computed, nor shall such periods be accumulated. Overtime, if more than thirty (30) minutes in excess of a regular workday, shall be computed to the nearest one-half (½) hour.

(§ II, Ord. 1039, eff. July 24, 1981)

(a) If an employee has completed a normal work shift and is ordered back to work, the employee shall be credited with a minimum of two (2) hours of work time provided:

(1) The employee is called back to work without having been notified prior to the completion of the employee's work shift; or

(2) The employee is notified prior to the completion of the work shift, but the work begins more than three (3) hours after the completion of the employee's work shift.

(b) When an employee is called back while still working on an earlier call back, the employee shall not receive an additional two (2) hour credit for the new call back.

(c) When called back within two (2) hours from the start of an employee's next shift, the employee shall receive credit only for the time remaining before the beginning of the shift.

(d) Where the provisions of this section conflict with presently existing Memorandums of Understanding, the Memorandums of Understanding shall supersede and take precedence.

(§ II, Ord. 1039, eff. July 24, 1981)

(a) When an employee is required by a department to participate in an approved training course, the department shall pay for or, if applicable, reimburse the employee for one hundred 100% of the costs of such required training. Where travel is required to attend training sessions, reimbursement for incidental costs shall be covered under the County travel policy.

(b) All employees, except department heads and elected officials, shall receive full compensation for travel time from established working headquarters and return. The beginning and ending point shall be defined as the County facility where the employee is normally required to report to work. Home-to-work travel which is a normal incident of employment shall not be counted as travel time.

(c) Under exceptional circumstances and at the written request of both the employee and department head, the Board, by a majority vote, may approve compensation in lieu of vacation leave.

(d) An employee entitled to draw Worker's Compensation pursuant to the Labor Code of the State may elect to draw as much accumulated sick and/or vacation leave which will result in the payment of a full salary or wage.

(§ II, Ord. 1039, eff. July 24, 1981)

(a) The pay period for each County officer, deputy, clerk, or employee of the County shall consist of a two (2) week period, with salaries or wages paid every other Friday. The pay period shall not cover salaries and wages earned during the week in which the payment shall be provided, but rather it shall lag one week behind.

(b) On or before each alternate Friday, the County Auditor-Controller shall draw a warrant upon the County Treasurer in favor of each employee of the County for the payment of the amount of salary or wage earned during such pay period or cause the amount to be deposited into an authorized financial institution. In cases where a pay day falls on a County holiday, the County Auditor-Controller is authorized to make salary payments on the last workday prior to the County holiday. In the event of unusual and unforeseen circumstances, salaries may be paid no later than the second Friday following the end of the pay period.

(c) In addition, the County Auditor-Controller shall maintain the following records for payroll purposes:

(1) A roster of employees, classifications, and salaries;

(2) An individual file of each current employee containing a copy of the employee's original application, personnel action forms showing each change of the employee's status, dates of service, positions held, salaries and wages received, leave earned and taken, and any other information related to employment; and

(3) An individual file containing the information set forth in subsection (2) of this subsection for all terminated employees. In addition, personnel files for terminated employees shall also contain a copy of the employee's separation report. Terminated employee's files shall be kept for a period of not less than three (3) years from the date of termination, except for CETA employees whose files shall be kept for a period of not less than five (5) years.

(d) The County Auditor-Controller, with the Personnel Officer, on matters relating to personnel, shall promulgate such procedures and regulations as necessary to implement the provisions of this section.

(§ II, Ord. 1039, eff. July 24, 1981)

(a) Vacation leave accrual base rates shall be determined by the amount of completed continuous service as follows:

(1) 0 through 130 pay periods, 3 1 / 13 hours per biweekly pay period; and

(2) 131 or more pay periods, 4 8 / 13 hours per biweekly pay period.

(b) Biweekly accrual rates for permanent employees shall be based on the number of hours of work normally assigned an employee as follows:

(1) 80 or more hours, 100% of the base rate;

(2) 60 through 79 hours, 75% of the base rate;

(3) 40 through 59 hours, 50% of the base rate; and

(4) 39 or less hours, 0% of the base rate.

(c) Time elapsed while an employee is on any authorized leave, except leave without pay or suspension, shall be considered hours worked for the purposes of this section.

(d) Conditions regulating the use of vacation leave shall be as follows:

(1) During the first 130 pay periods of continuous employment, an employee may not accumulate more than 152 hours (nineteen (19) days) of vacation leave. Further, vacation leave will be disallowed until such time as the employee has reduced the number of hours accrued below the maximum.

(2) After 131 pay periods of continuous employment, an employee may not accumulate more than 232 hours (twenty-nine (29) days) of vacation leave. Further, vacation leave shall be disallowed until such time as the employee has reduced the number of hours accrued to below the maximum.

(3) No accrued vacation leave may be used prior to the completion of twenty-six (26) consecutive pay periods.

(4) Department heads shall authorize the use of accrued vacation leave for employees under their supervision. In doing so, the department head shall be guided by the good of the County service, the operating needs of the work unit, and the desires of the individual employee.

(e) Where the provisions of this section conflict with presently existing Memorandums of Understanding, the Memorandums of Understanding shall supersede and take precedence.

(§ II, Ord. 1039, eff. July 24, 1981)

(a) Biweekly accrual rates for sick leave for permanent employees shall be based on the number of hours of work normally assigned an employee as follows:

(1) 80 or more hours, 3 9 / 13 hours per biweekly pay period;

(2) 60 through 79 hours, 2 10 / 13 hours per biweekly pay period;

(3) 40 through 59 hours, 1 11 / 13 hours per biweekly pay period; and

(4) 39 or less hours, no accrual.

(b) Time elapsed while an employee is on any authorized leave, except a leave without pay or suspension, shall be considered hours worked for the purposes of this section.

(c) An employee may accumulate up to a maximum of 960 hours (120 days) of sick leave.

(d) Accrued sick leave may be used during scheduled work hours when an employee is incapacitated by sickness, maternity, or injury, for medical, dental, or optical examinations or treatment, and for other such reasons as subject to the conditions set forth in Section 2-6.09.05 of this chapter, or when an employee has been exposed to a contagious disease such that attendance at work could jeopardize the health of others.

(e) Employees who are unable to work for any of the reasons set forth in subsection (d) of this section shall notify their immediate supervisor as soon as possible of their absence or anticipated absence. If such notification is not given, the department head shall charge the absence to vacation leave or leave without pay and may consider appropriate disciplinary action.

(f) The department head shall approve the use of sick leave only after having determined that the absence was for a legitimate reason as set forth in subsection (d) of this section. An employee may be required to submit substantiating evidence, including, but not limited to, a physician's certificate. In all cases of illness extending beyond three (3) working days' duration, an employee shall have a physician certify the illness in writing. Such certificates shall be filed by the department head with the County Auditor-Controller concurrently with the biweekly payroll report. Such certificates shall be maintained in an employee's personnel file. Abuse of sick leave shall be just cause for disciplinary action. Nothing in this section shall preclude a department head from requiring a physician's certificate for illnesses or absences of less than three (3) days.

(g) Sick leave earned pursuant to this section during the first thirteen (13) biweekly pay periods of employment shall not be available for use until after the expiration of said thirteen (13) biweekly pay periods.

(h) Sick leave may not be taken when the sickness or disability was sustained while on a leave of absence without pay or suspension.

(i) All elected County officials shall be excluded from the provisions of this section. In addition, where any provision of this section conflicts with presently existing Memorandums of Understanding, the Memorandums of Understanding shall supersede and take precedence.

(j) A system is established to exclude from wages, for social security reporting purposes only, the amount of any payment made by the County (including any amount which may be paid for insurance or annuities, or into a fund, to provide for any such payment) to or on behalf of an eligible employee, or any of his dependents as the system may provide, on account of (1) retirement; or (2) sickness or accident disability; or (3) medical or hospitalization expenses in connection with sickness or accident disability; or (4) death, and, for sick pay purposes, such system shall provide specifically for sick payments and that funds used are from a separate object or sub-object or appropriation for sick payments.

Payments on account of sickness or accident disability shall be excluded from social security contributions.

(§ II, Ord. 1039, eff. July 24, 1981, as amended by § I, Ord. 39, eff. August 11, 1983)

(a) All County permanent employees, except members of the Peace Officer's Unit, shall be entitled to the following paid holidays:

(1) New Year's Day (January 1);

(2) Lincoln's Birthday (February 12);

(3) Washington's Birthday (the third Monday in February);

(4) Memorial Day (the last Monday in May);

(5) Independence Day (July 4);

(6) Labor Day (the first Monday in September);

(7) Admission Day (September 9);

(8) Columbus Day (the second Monday in October);

(9) Veteran's Day (November 11);

(10) Thanksgiving Day (the fourth Thursday in November);

(11) The day following Thanksgiving;

(12) The day before Christmas;

(13) Christmas Day (December 25); and

(14) Any day proclaimed by the Governor of the State as a public feast, thanksgiving, holiday, or time of mourning.

(b) When a holiday as defined in this section falls on a Sunday, the following Monday shall be observed as a holiday.

(c) Whenever New Year's Day (January 1), Veteran's Day (November 11), or Christmas Day (December 25) falls on a Saturday, the preceding Friday shall be observed as a holiday.

(d) Whenever Christmas Day (December 25) falls on a Saturday and the preceding Friday is observed as a holiday, the "day before Christmas", for the purposes of this section, shall be observed on the preceding Thursday. Other than as stated in this subsection, the "day before Christmas" shall be given its regular definition.

(e) Holidays observed by the Peace Officer's Unit shall be as set forth in subsections (a) through (c) of this section, except that a holiday shall be observed on the date of a State-wide general election in lieu of the "day before Christmas" as set forth in subsection (d) of this section.

(f) Where any provision of this section conflicts with presently existing Memorandums of Understanding, the Memorandums of Understanding shall supersede and take precedence.

(§ II, Ord. 1039, eff. July 24, 1981)

(a) Department heads may grant a leave of absence without pay to an employee for a period not to exceed ninety (90) calendar days.

(b) Any leave of absence without pay which extends beyond thirty (30) calendar days shall require a change in the anniversary date used in computing the length of time between salary step increases and other benefits consistent with the provisions of subsection (4) of subsection (b) of Section 2-6.08.02 of this chapter for that time period beyond the initial thirty (30) days.

(c) The provisions affecting probationary status are set forth in subsection (j) of Section 2-6.03.04 of this chapter.

(d) When more than one leave of absence without pay is taken by an employee in any twenty-four (24) month period, cumulative time taken off shall be used for computing the provisions of this section.

(e) All leaves of absence extending beyond ninety (90) calendar days shall require prior approval by the Board.

(§ II, Ord. 1039, eff. July 24, 1981)

(a) Department heads may authorize the use of up to five (5) days of earned sick leave to an employee attending or making arrangements for the funeral of an "immediate family" member. Authorization shall be in conformance with the provisions of Section 2-6.09.02 of this chapter.

(b) Where insufficient sick leave is available to the employee for this purpose, compensatory leave and/or vacation leave may be granted. Where sufficient leave of this nature is unavailable, leave without pay may be granted in accordance with the provisions of Section 2-6.09.04 of this chapter.

(c) For the purposes of this section, "immediate family" shall mean the employee's spouse, child, parent, sister, brother, mother-in-law, father-in-law, daughter-in-law, son-in-law, or any other person living in the employee's household or primarily supported by the employee.

(§ II, Ord. 1039, eff. July 24, 1981)

(a) An employee required to serve as a member of a jury panel or as a witness of the court shall be granted leave with pay upon the remittance to the County of jury or witness fees or upon the submission of evidence that such fees were waived.

(b) Where court duty is in the same town that an employee normally reports to work, no mileage payment shall be authorized. Where the employee is required to travel to another locale, travel reimbursement shall be authorized.

(c) When an employee elects to use vacation or compensatory time instead of court leave, the jury or witness fees may be retained.

(§ II, Ord. 1039, eff. July 24, 1981)

(a) Temporary military leave for short training periods shall be granted to employees who have at least one year of County service immediately prior to the effective date of the leave in accordance with the provisions of the Veterans Code of the State.

(b) Full salary or wage payments shall be made for up to thirty (30) calendar days in any fiscal year for such temporary military duty or training upon the receipt of military orders.

(§ II, Ord. 1039, eff. July 24, 1981)

(a) All employees not covered under overtime provisions, except for department heads and elected officials, shall be granted compensatory leave for all time worked over their normally scheduled hours.

(b) An employee shall not transfer more than forty (40) hours of compensatory leave from one fiscal year to the next.

(§ II, Ord. 1039, eff. July 24, 1981)

(a) All extra help and permanent employees working less than one-half (½) time shall not accrue or receive holiday leave, sick leave, vacation leave, or compensatory leave.

(b) Department heads may authorize time off for extra help and permanent employees working less than one-half (½) time at the discretion of the department head.

(§ II, Ord. 1039, eff. July 24, 1981)

(a) The Personnel Officer, with the cooperation of the County Auditor-Controller, shall establish such procedures and maintain such records as are necessary to administer the provisions of this chapter.

(b) Where the provisions of this section conflict with presently existing Memorandums of Understanding with particular bargaining units, the presently existing memorandums shall supersede and take precedence.

(§ II, Ord. 1039, eff. July 24, 1981)

Unless otherwise stated these benefits will be effective sixty (60) days following adoption by the Board of Supervisors.

(a) Salary. Effective December 11, 2022, County Supervisors will receive a salary increase of seven percent (7.0%).

(b) Effective January 2023, Supervisors will receive insurance as follows:

(1) Health Insurance. Supervisors are entitled to participate in the County's health insurance program. The County shall contribute a dollar amount equal to ninety (90%) percent of the CalPERS Platinum health plan premium at the appropriate tier to the Supervisor's selection of the CalPERS health plan options.

(2) Vision Benefits. The County provides Supervisors and eligible dependents with vision insurance.

(3) Dental Benefits. Supervisors shall contribute Five and no/100ths ($5.00) Dollars per month toward dental insurance.

(c) Supervisors elected/reelected/appointed after January 1, 2025, will receive insurance as follows:

The County contributes up to the following amounts towards employee medical insurance coverage and cafeteria plan benefits:

Note 1: The Medical Benefit is equal to the Minimum Employer Contribution (MEC) established annually by CalPERS.

Note 2: Cafeteria Plan Benefit is equal to the difference between the Medical Benefit and the Total Benefit.

Note 3: The total benefit is equal to eighty-five percent (85%) of the Region 1 CalPERS Gold health plan plus eighty-five percent (85%) of the dental premium.

(d) Flexible Spending Accounts. Supervisors may contribute to a Flexible Spending Account (FSA) on a pre-tax basis to assist with the cost of medical/dental/vision expenses, deductibles, arid co-payments. Supervisors may contribute to a Dependent Care Plan on a pre-tax basis to assist with the cost of expenses.

(e) Meal and Mileage Reimbursement. Supervisors are entitled to reimbursement for meals and mileage consistent with the County travel policy.

(f) Retirement and Death Payout Benefits. Upon death or a qualified CalPERS retirement, Supervisors shall receive the following benefits provided the Supervisor has served at least five (5) or more continuous years of service:

(1) Payment of One Hundred ($100.00) Dollars per year of service for each year of service as a Supervisor.

(2) Payment of sixty (60) days of pay at their base hourly rate of pay upon retirement.

When a Supervisor dies while in office, only a surviving spouse or the designated beneficiary (as noted on the life insurance beneficiary form) shall be eligible for this benefit. Supervisors elected for a term beginning on January 4, 2027, or later will not receive this benefit.

(g) Life Insurance. Effective January 1, 2023, Supervisors receive a One Hundred Thousand and no/100ths ($100,000) Dollar term life insurance policy. Supervisors at their expense, may purchase additional term life insurance coverage under the terms and conditions as specified by the insurance provider.

(h) Deferred Compensation Benefits. Effective December 11, 2022, the County contributes One Hundred and Fifty and no/100ths ($150.00) Dollars per pay period to the Supervisors deferred compensation account.

(i) CalPERS Retirement.

Employees hired prior to November 2, 2012, will receive the two percent (2%) at fifty-five (55) miscellaneous CalPERS formula with the one year final average compensation period. For employees sworn in before January 7, 2013, the County will pay three and one-half percent (3.5%) of the employee's contribution to CalPERS and report the employer payment of the member contribution to CalPERS as additional compensation for retirement purposes.

Employees hired after November 1, 2012, who are not classified as a new member will receive the two percent (2%) at sixty (60) miscellaneous CalPERS formula with the three-year final average compensation period. For employees sworn in on or after January 7, 2013, the County will pay three and one-half percent (3.5%) of the employee's contribution to CalPERS and report the employer payment of the member contribution to CalPERS as additional compensation for retirement purposes.

Employees hired after December 31, 2012, who are classified as a new member will receive the two percent (2%) at sixty-two (62) miscellaneous CalPERS formula with the three-year final average compensation period. These employees pay one-half of the total normal cost as determined annually by CalPERS on a pre-tax basis.

All miscellaneous retirement formulas have the following optional CalPERS retirement benefits:

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Sick Leave Service Credit

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Military Service Credit § 21024

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Non-Industrial Disability Standard

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Post-Retirement Death Benefits:

○

Five Hundred and no/100ths ($500.00) Dollars Lump Sum

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Two percent (2%) Retirement COLA

(m) Retiree Health Insurance Benefits. Each County Supervisor qualified for CalPERS retirement, who elects to continue participating in the County health plans, shall receive a County contribution of fifty percent (50%) of the PERS Platinum employee only premium towards the health plan and a contribution of fifty percent (50%) of the dental health plan premium towards the dental plan.

a. Retiree Medical and Dental Insurance:

1. Employees hired prior to January 1, 2025, who maintain medical insurance through the County will receive reimbursement of insurance from the Auditor-Controller's Office equal to one-half of employee only CalPERS Region 1 Platinum premium minus the MEC.

2. Employees hired into County service on January 1, 2025, or later, the County contribution to a retiree's health insurance premium will be the minimum employer contribution required by CalPERS under the Public Employees' Medical and Hospital Care Act (PEMHCA).

3. Employees hired prior to January 1, 2025, who retire from the County may maintain dental insurance at a cost to the retiree of Twenty-five and no/100ths ($25.00) Dollars per month.

4. Employees hired after December 31, 2024, who retire from the County may maintain dental insurance for the employee only at a cost of Twenty-five and no/100ths ($25.00) Dollars per month.

(n) Long Term Disability. Supervisors are covered by the County's long-term disability insurance policy.

The County will discontinue providing employees with long-term disability insurance at midnight on January 31, 2027.

(o) Office Equipment and Stipends. Supervisors may elect to be issued County owned office equipment to be used at home office and services: computer; fax machine with phone service; printer; internet service; phone service with long distance; cell phone service. Equipment provided under this section hall remain County property and returned at the end of their service. In lieu of receiving services through the County, Supervisors may elect to obtain their own services and receive a stipend of:

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Twenty-five and no/100ths ($25.00) Dollars per month for internet service.

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Thirty-five and no/100ths ($35.00) Dollars per month for basic cell phone service.

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Sixty and no/100ths ($60.00) Dollars per month for smart phone service.

Stipends will be taxable if considered income pursuant to state or federal regulations.

(§ 1, Ord. 16, eff. March 22, 1983, as amended by § 1, Ord. 84-2, eff. April 29, 1984, § I, Ord. 85-14, eff. June 30, 1985, § 1, Ord. 86-1, eff. March 15, 1986, § 1, Ord. 86-42, eff. December 27, 1986, § I, Ord. 88-1, eff. March 12, 1988, § I, Ord. 88-29, eff. November 8, 1988, § I, Ord. 89-38, eff. December 28, 1989, § I, Ord. 92-03, eff. February 16, 1992, § I, Ord. 94-14, eff. June 23, 1994, § I, Ord. 97-07, eff. April 12, 1997, § I, Ord. 99-11, eff. May 18, 1999, § I, Ord. 01-03, eff. February 8, 2001, §§ I, II, Ord. 02-12, eff. August 31, 2002, § I, Ord. 03-18, eff. October 4, 2003, §§ I—III, Ord. 06-07, eff. June 9, 2006, §§ I, II, Ord. 07-03, eff. March 10, 2007, § I, Ord. 07-13, eff. July 8, 2007, §§ I—V, Ord. 07-19, eff. December 2, 2007, and § I, Ord. 08-10, eff. August 10, 2008)

(Ord. No. 09-02, § I, 3-3-2009; Ord. No. 17-3, § I, 2-21-2017; Ord. No. 18-10, § I, 11-13-2018; Ord. No. 22-16, § I, 10-4-2022)

(a) In order to establish a harmonious and cooperative relationship between the County and its employees, and to keep open channels of communications, it shall be the County's policy to provide for the settlement of differences through an orderly grievance procedure. In addition, it is the County's policy to assure its employees the right to access to such procedure, free from interference, restraint, coercion, or reprisal.

(b) The purpose of the grievance procedure is to afford an employee a means of obtaining the consideration of a grievance by the level of management closest to the employee concerned, with a minimum of formal procedure. Every reasonable effort should be made by the employee and management to resolve the grievance informally.

(c) A grievance is a dispute concerning the interpretation or application of any existing policy, practice, written rule, or regulation governing personnel practices or working conditions, including provisions of a Memorandum of Understanding. A grievance involves the claimed misapplication or misinterpretation of a rule or regulation relating to an existing right or duty. The procedure set forth in this section shall not apply to any dispute for which there is another established resolution procedure.

(d) A written grievance shall set forth the rule, regulation, policy, or practice claimed to have been violated; describe the specific incident or circumstances of the alleged violation; and specify the remedy sought. Any dispute between the parties as to the grievability of an issue or as to whether the requirements of this procedure have been met shall be presented to the Board after the grievance has proceeded through the appeal to the department head, as set forth in Section 2-6.12.03 of this chapter. The Board shall rule on the dispute before proceeding with a hearing.

(§ IV, Ord. 87-16, eff. July 24, 1987)

Specific grievance procedures are incorporated into the County's individual Memoranda of Understanding. For those employees who are considered "at-will", "unrepresented", or whose Memorandum of Understanding does not contain specific grievance language, the following process shall be followed: the employee and, if desired, his representative shall discuss the grievance with the department head before a written grievance may be filed.

(a) If the grievance is not settled through such discussion, a written grievance may be filed with the employee's department head. A written grievance shall be filed within ten (10) working days after the time the employee becomes aware, or should reasonably have become aware, of the issue or incident giving rise to the problem.

(b) The department head shall have seven (7) working days after the receipt of the appeal to review the matter, investigate, and provide a written answer to the appeal, explaining clearly his decision or proposed action and reasons therefor. The department head may confer with the employee and appropriate supervisors in an attempt to bring about a harmonious solution.

(c) If the employee is not satisfied with the decision of the department head, he may, within five (5) working days after the receipt of the written reply, file a request for a review of the department head's decision to the Board.

(d) All time limits set forth in this section may be extended by mutual agreement of the parties.

(e) Failure of the employee to file an appeal within the specified time limit for any but the first step of the procedure shall constitute an abandonment of the grievance. Failure of the responsible supervisor or official of the County to render a decision within the specified time limit established by the procedure set forth in this section shall automatically move the grievance to the next higher level for action without action required by the employee.

(§ IV, Ord. 87-16, eff. July 24, 1987)

A written grievance shall be filed with the Clerk of the Board with all correspondence and supporting materials attached. Notice that a grievance has been filed will be placed on the agenda of a regularly scheduled Board meeting within thirty (30) days after the date the grievance was filed with the Board. The Board shall then establish an appropriate time for hearing the grievance.

(§ IV, Ord. 87-16, eff. July 24, 1987)