Solano County Municipal Code Art. I Civil SERVICE2

20-10 Purpose of personnel system

It is the purpose of this article to provide for a comprehensive personnel system for the county civil service which will do the following:

(a) Promote and increase economy and efficiency in the county civil service.

(b) Provide for equitable and uniform procedures for dealing with personnel matters.

(c) Provide for the grouping of positions with comparable duties and responsibilities into appropriate classes.

(d) Provide for appointment and promotion of employees based on merit as determined by competitive examination, thus assuring the recruitment and retention of well-qualified employees.

(e) Assure that county employment is made a career by providing for security of tenure and advancement within the service whenever practicable.

(f) Provide for tenure in civil service employment subject to good behavior and efficiency, and for the removal of those who are unqualified, inefficient or undesirable.

(g) Provide for the right of employees to appeal from actions taken which affect them adversely and to be heard on all matters with which they are concerned.

(Ord. No. 632, §1; Ord. No. 1433, §1)

20-11 Civil service commission

(a) The board of supervisors shall create a civil service commission, establish its membership, qualifications, an appointment and removal process, and compensation of its members, all in accordance with the provisions of Sections 2-700 through 2-703.

(b) Each year the commission members shall elect a president and vice-president.

(c) Three (3) members shall constitute a quorum, and it shall take three (3) affirmative votes to make any action effective.

(d) The commission shall meet at least once a month and at other times as needed at the call of the president.

(Ord. No. 632, §§2, 6; Ord. No. 931, §1; Ord. No. 1433, §1; Ord. No. 1777, §1)

20-12 Director of human resources

The director of human resources shall serve as the executive officer and secretary to the civil service commission.

Subject to review of the civil service commission, the director of human resources shall perform all the duties, powers, purposes and functions of the commission. The commission shall retain exclusive jurisdiction in the adoption of rules, the creation and adjustment of class specifications, the hearing of appeals from disciplinary action, the issuance of subpoenas, the

conducting of hearings and investigations, and the rendering of decisions on all such matters.

(Ord. No. 632, §3; Ord. No. 903, §4; Ord. No. 1159, §1; Ord. No. 1433, §1)

20-13 Employees included in and excluded from civil service

The county civil service shall include every officer and employee of the county, except the following who shall be exempt:

(a) The board of supervisors.

(b) All elected officers.

(c) Members of the civil service commission.

(d) Members of all appointive boards, commissions and committees.

(e) All persons serving without compensation.

(f) Inmate, ward, patient and charitable help.

(g) Officers and employees excluded from civil service by state law to be included in the county civil service.

(h) Employees designated as executive management, senior management, and mid-management, except those required by state law to be included in the county civil service.

(i) Election workers or members of the various election boards for the immediate conduct of an election.

(j) Consultants and experts engaged by the board of supervisors as independent contractors.

(k) Full-time or part-time psychiatrists, physicians, surgeons and dentists.

(l) Attorneys in the county counsel’s, public defenders, and district attorney’s offices.

(m) All employees of the Solano County courts.

(n) Aides or assistants to the board of supervisors.

(o) Administrative interns.

When the functions of other governmental entities are assumed by the county, the employees who performed these functions may be included within the county civil service. The civil service commission shall determine their status in each instance and it shall be equivalent to the status the employee would have had the employee been a county employee during the term of that person’s employment.

(Ord. No. 632, §§4, 11; Ord. No. 637, §1; Ord. No. 903, §1; Ord. No. 967, §1; Ord. No. 1082, §2; Ord. No. 1120, §1, Ord. No. 1156, §1; Ord. No. 1234, §1; Ord. No. 1242, §1; Ord. No. 1433, §1; Ord. No. 1442, §1; Ord. No. 1534; §1; Ord. 1540, §1; Ord. No. 1559, §1.)

20-14 Dismissal, suspension or reduction in rank or compensation of officers and employees; Appeals to civil service commission

(a) Any officer or employee in the classified civil service may be dismissed, suspended or reduced in rank or compensation by the appointing authority after completion of the probationary period by a written order stating specifically the reasons for the proposed action, as provided for in Section 9.03 of the Civil Service Rules. The order shall be furnished to the person to be dismissed, suspended or reduced at least seven calendar days before any prospective action is to take place, and a copy of the order shall be filed with the county director of human resources.

(b) The officer or employee may reply in writing or orally to the proposed order within seven days from the date the proposed order is furnished to the officer or employee by filing the reply with the appointing authority.

(c) The appointing authority, after considering the comments from the officer or employee, may revoke, amend or let the language of the proposed order stand.

A final order will then be furnished to the officer or employee by the appointing authority.

(d) If the officer or employee disagrees with the contents of the final order, an appeal may be filed with the director of human resources within seven days after the final order is furnished to the officer or employee.

(e) Within forty-five days from the filing of the appeal, the civil service commission shall set a hearing date and, at the hearing, either affirm, modify or revoke any order. The appellant may appear personally, produce evidence, and have counsel and a public hearing.

(f) The findings and decision of the civil service commission shall be certified to the department head or officer whose action was the subject of the hearing and forthwith enforced and followed by that department head or officer.

(Ord. No. 649, §1; Ord. No. 798, §1; Ord. No. 1262, §2; Ord. No. 1433, §1)

20-15 Personnel rules and regulations

The civil service commission shall adopt, amend and repeal rules for the administration and enforcement of this article. The rules shall provide for the following:

(a) Keeping minutes and other appropriate records of its own proceedings, of examinations given, of investigations conducted and of appeals heard.

(b) Delineation of duties of appointing authorities with respect to this article and civil service commission’s rules.

(c) Preparation of class specifications which include a descriptive title, a definition, typical tasks, qualification guidelines for education and experience and certificates or licenses required and for the adoption of such specifications by the civil service commission.

(d) Administration of competitive examinations for the filling of vacant positions. Such examinations need not be written.

(e) Where appropriate, promotional preference for permanent civil service employees.

(f) Public notice of not less than five days for all examinations.

(g) Permanent status after completion of a designated probationary period; and the absolute right of rejection during probation by an appointing authority, except no rejection shall be based on discrimination.

(h) Creation of employment lists resulting from examinations which shall normally expire after one year, unless extended by action of the director of human resources. A list may be abolished sooner when fewer than five names remain, or when the director determines it to be in the county’s best interest.

(i) Appointment by the appointing authority from among the top three ranks or a minimum of five names appearing on the employment list to fill vacancies in positions.

(j) Temporary appointments of not to exceed six months in any twelve consecutive months when there is no employment list available.

(k) Provision for the possibility of return to the position in which an employee previously held permanent civil service status after rejection during a probationary period or after service in a position exempt from civil service.

(l) Layoff or demotion in lieu of layoff, when there is a lack of work or a lack of funds, as provided in the then current memorandum of understanding with applicable employee bargaining group, or with provisions of §§ 7.100 and 7.101 of the county civil service rules for those persons not represented.

(m) Employment lists which shall be certified in the following order: Re-employment lists, promotional employment lists, and open employment lists.

(n) Transfer of employees between positions in a class and between classes which are comparable.

(o) Reinstatement within one year after separation.

(p) Leaves of absence of up to one year for educational, health and other purposes.

(q) A system of disciplinary action by appointing authorities and appeals which shall include the provisions of section 31108 of the Government Code of the state.

(r) Giving of adequate notice and holding open hearings on the adoption of rules and class specifications, and on other matters considered by the commission.

(s) Obtaining from departments and the maintenance of records of all personnel transactions affecting the status of county employees.

(t) Providing for the right of any employee to appeal and to be heard by the civil service commission in regard to any matter or action taken within the scope of this article which adversely affects that employee.

(u) Providing for and implementing the rights to form, join, participate in, and be represented by employee organizations as provided by sections 3500 through 3509 of the Government Code of the state.

(v) Implementation of any other duties and authorities which may from time to time is assigned to the civil service commission by the board of supervisors.

(w) Other matters necessary for the proper implementation of this article.

(Ord. No. 632, §5; Ord. No. 903, §2; Ord. No. 938, §1; Ord. No. 986, §1; Ord. No. 1109, §1; Ord. No. 1433, §1)

20-16 Contracting for personnel services

The board of supervisors may contract with any public or private agency or individual for the conduction of examinations or for other personnel administration services when recommended by the civil service commission as provided in section 31103 of the Government Code of the state.

(Ord. No. 632, §7; Ord. No. 811, §1; Ord. No. 1433, §1)

20-17 Discrimination in personnel practices prohibited

No person shall be discriminated against because of age, race, color, national origin, ancestry, religious belief or affiliation, political belief or affiliation, sex, physical disability or other non- merit factor. The civil service commission may provide for a minimum age for persons competing in examinations for classes involving public health or safety or having the powers and duties of a police officer. Individuals shall have the right to appeal any action taken which adversely affects them that is based upon alleged discrimination. Such appeals shall be processed in accordance with the rules and procedures established by the civil service commission.

(Ord. No. 632, §10; Ord. No. 903, §3; Ord. No. 1433, §1)

20-18 Assistance of county employees in personnel administration; Issuance of subpoenas

All officers and employees of the county may aid in all proper ways in carrying this article and the personnel rules into effect, and allow the reasonable use of county facilities for the purpose of holding examinations and hearings. Assistance in preparing examinations shall be a proper duty of any county officer or employee when so requested by the civil service commission.

The civil service commission shall have the power to issue subpoenas and to take the other actions provided for in section 31110.2 of the Government Code of the state.

(Ord. No. 632, §8; Ord. No. 1433, §1)

20-19 Appropriation of funds

The board of supervisors shall appropriate such funds as are necessary for the proper administration of this article.

(Ord. No. 632, §9; Ord. No. 1433, §1)

20-20 Procedure for amendments to article

This article may be amended by the affirmative vote of at least three members of the board of supervisors. No amendment repealing this article or one which would alter the purpose as expressed in section 20-10 shall be effective unless the proposition of such amendment shall first have been submitted to a vote of the qualified electors of the county at a primary, general or special election, and shall have received the affirmative vote of a majority of the electors voting on the proposition.

(Ord. No. 632, §12; Ord. No. 1433, §1)

20-21 Inclusion of current employees; Applicability to part-time and probationary employees; Employees of other governmental entities coming into county service

All persons holding permanent full-time or permanent part-time positions, except for those persons specifically excluded under Section 20-13(a)-(o) above, shall have permanent status in the county civil service. The civil service commission shall provide for appropriate status on a comparable basis for persons holding non-permanent part-time, temporary, casual and similar positions.

Any full time employee hired in or promoted to a position shall be considered a probationary employee in that position until the completion of the probationary period prescribed for that position.

When the functions of other governmental entities are assumed by the county, the employees who performed these functions may be included within the county civil service. The civil service commission shall determine their status in each instance, and it shall be equivalent to the status the employee would have had, had the employee been a county employee during the term of that employee’s employment.

(Ord. No. 632, §11; Ord. No. 637, §1; Ord. No. 797, §1; Ord. No. 859, §1; Ord. No. 903, §4; Ord. No. 1433, §1)