Trinity County Municipal Code Art. V Certification and Appointment

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 shall review the request and consult with the appropriate appointing authority. If it is determined by this review that the position should 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 shall make an appropriate recommendation to the board of supervisors for their review. The personnel officer shall notify the appointing authority that such decision may be appealed to the board of supervisors.

(Ord. 1087 §1(part), 1986)

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, the personnel officer may limit the size of the candidate group referred.

D. The appointing authority shall review and make final the selection subject to the provisions of this chapter.

E. All applications submitted to appointing authorities for review must 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 2.60.190 and this section of this chapter are not applicable in the case of emergency appointments, involuntary reappointments, reinstatement of employees who have been separated within twenty-four months, or the time extended by the personnel officer, due to a reduction in force and appointment to permanent status following successful completion of probation.

G. Requests to underfill a position assigned an alternate classification shall require prior approval by the personnel officer. When fully qualified persons cannot be recruited to fill a position at the highest classification within alternate classification levels as allocated by the board of supervisors within the salary schedule, the appointing authority may request approval from the personnel officer to fill the position at the lower salary range and classification. If approval is granted, the personnel officer shall notify the county auditor of such action.

H. Where an employee has underfilled a classification authorized by the board of supervisors 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 written request by the appointing authority. Credit shall be granted on a monthly basis, provided payroll information from previous employers showing actual hours worked is provided by the requesting department.

(Ord. 1183 §4(part), 1993: Ord. 1087 §1(part), 1986)

A. At the request of the appointing authority, the personnel officer may limit certification to current employees of the particular department, provided that such request is made prior to any certification for the vacancy.

B. The personnel officer may limit certification to current county employees. If the appointing authority 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.

(Ord. 1087 §1(part), 1986)

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 at the effective date of this chapter shall be deemed qualified for the classifications to which they are assigned.

B. No appointments shall be made unless it has been determined that the individual is physically and mentally able to perform the duties of the class. This shall require a candidate to satisfactorily complete a medical examination given at the county's expense prior to the onset of employment.

C. The required medical examination shall be provided for department heads under the prescribed criteria. Additionally department heads, at their discretion may have annual physicals performed and up to one hundred fifty dollars over and above costs reimbursed by insurance shall be provided by the county for such physical.

D. 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 of this chapter; and

3. The appointment does not conflict with the rules concerning employment of relatives, Section 2.60.290 of this chapter.

(Ord. 1087 §1(part), 1986)

It is the policy of the county to appoint the most qualified candidates to county service and to provide fair and equitable treatment to all candidates eligible for appointment.

(Ord. 1087 §1(part), 1986)

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 application and without regard to whether such employee is on the register for that class. All employees in a given class of positions shall be considered to be given a transfer appointment. Interdepartment transfers shall require the prior approval of both of the department heads concerned in writing to the personnel officer.

(Ord. 1087 §1(part), 1986)

A. If only four 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 approval of the personnel officer. Such provisional appointments shall last for a period of no longer than sixty days or until thirty 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 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 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.

(Ord. 1087 §1(part), 1986)

A. Appointments of candidates to provide additional help above that provided by regular permanent positions may be allowed, provided adequate funds are available for this 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 duties assigned the position.

C. The maximum duration of employment for all extra help appointments shall be six months. Where the hiring authority demonstrates a compelling need to retain an individual on an extra help status, the personnel officer may authorize the extension.

D. Emergency appointments may be made by department heads, upon 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 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 immediate appointment provided notice is given upon the personnel officer's first available work day. An official application for the person or persons appointed must be submitted within five working days from the date of appointment accompanied by a statement showing cause for the emergency appointment. Emergency appointments shall not exceed thirty days.

(Ord. 1183 §4(part), 1993: Ord. 1087 §1(part), 1986)

A. The board of supervisors, in coordination with the personnel officer, shall establish the procedures for the appointment of department heads and county officials where appropriate under law.

B. The board of supervisors, in coordination with the personnel officer, shall establish the procedures for the appointment of department heads where appropriate under law. The following department heads shall be appointed according to the listed terms and conditions:

1. The chief probation officer shall be appointed by the presiding judge of the superior court. Deputy probation officer may be appointed by the chief probation officer with approval by the presiding judge of the superior court. Court executive officer, court reporter and marshal are appointed by and serve at the pleasure of the presiding judge of the superior court.

2. Chief building inspector, counseling center director, county administrative officer, director of emergency services, director of transportation, general services director, health officer, librarian, and planning director serve at the pleasure of the board of supervisors, with thirty days written notice of termination.

3. County counsel and sealer of weights and measures shall be appointed by the board of supervisors.

4. Director of health and human services/public guardian is appointed by the county administrative officer with approval by the board of supervisors and serves at the pleasure of the county administrative officer with thirty days written notice of termination.

5. The hospital administrator shall be appointed by, and serve at the pleasure of, the hospital board of directors as defined in the California Code of Regulations, Title XXII, Article 7, Section 70701(2).

(Ord. 1226 §1, 1999; Ord. 1183 §4(part), 1993: Ord. 1152, 1991; Ord. 1143 §1(part), 1990; Ord. 1087 §1 (part), 1986)

A. Upon an offer and acceptance of employment, the appointing authority shall forward a payroll personnel form for the successful candidate to the personnel officer at least three 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 working days prior to the date of acceptance.

(Ord. 1087 §1(part), 1986)

A. Appointing authorities, department heads, or any person having influence over the appointment, dismissal or promotion of persons on behalf of the county, within their department, shall not appoint or promote any person who is related to them whether by blood or marriage.

B. For purposes of this section, "related whether by blood or marriage" is defined as follows: the spouse, child, step-child, daughter-in-law, son-in-law, parent, step-parent, mother-in-law, father-in-law, sister, brother, step-sister, step-brother, sister-in-law, brother-in-law, grandparents, grandchildren, or any other person living in the individual's household or primarily supported by the individual having appointing authority, department head status, or person having influence over the appointment, dismissal or promotion of persons on behalf of the county within their department.

C. Appointing authorities may appoint or promote persons within a department who are related to each other whether by blood or marriage only if:

1. They are not supervised by the same person;

2. One relative is not responsible for the supervision, performance evaluations or the initiation of disciplinary actions on the other relative;

3. They are appointed and employed in distinctly separate work stations, offices, or organizational divisions;

4. In the course and nature of their work, neither employee is faced with a conflict of interest with regard to family duty and duty to the department;

5. The individual being considered for appointment or promotion is not related to the department head, chief assistant, assistant deputy, chief deputy, manager, top supervisor or any individual with appointing, promotional, dismissal, or disciplinary influence over that person within the department.

D. Requests to deviate from the provisions of subsection 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 name and addresses of the persons concerned;

2. Their class, title, division, section and work units;

3. Work location, including city, building and room;

4. The name of immediate supervisors and subordinates.

E. The personnel officer shall review the request and make a recommendation to the county administrative officer based on such relevant factors as agency reporting relationships, work location, function 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 related persons involved.

F. The county administrative officer will make a final decision to approve or disapprove the request based on the personnel officer's recommendation and the best interests of the county.

G. The provisions of this section shall not apply to those employees who at the date of adoption of the ordinance codified in this section are in violation of the provisions outlined in this section. However, the provisions shall be applied in all subsequent cases involving the appointment or promotion of county employees and in cases involving marriage of a county employee.

(Ord. 1154 §1, 1991: Ord. 1087 §1(part), 1986)