Article 4 — Civil Service System

1341 - Purposes.

The purpose of this article is to establish and maintain an employment relationship between the County and its employees which will promote and increase economy and efficiency in the County service. In order to achieve and foster this end each position must be filled with the best qualified person available. Except as otherwise provided herein appointments shall be made solely on the basis of merit and fitness ascertained through practical and competitive examinations. Positions involving comparable duties and responsibilities shall be similarly classified. It is recognized that efficiency is attained by assuring county civil service employees continuance in employment regardless of the political fortunes of elective officers and by providing for promotion of employees as a reward for faithful and efficient work. Tenure of employment is therefore subject to good behavior, efficiency, the necessity of the performance of the work, and the appropriation of public funds. A county civil service employee who is discharged or otherwise subject to disciplinary action is entitled to a hearing before the Civil Service Commission-Board of Review and Appeals. The Civil Service Commission shall have jurisdiction to review the propriety of any disciplinary action properly brought before it. No county civil service employee may be arbitrarily or capriciously dismissed, demoted or suspended. Elected officers, all county employees occupying supervisorial positions and the Civil Service Commission shall therefore perform their duties and responsibilities so that unqualified and undesirable personnel are removed and replaced with qualified persons.

1342 - Commission members.

There is hereby created a Civil Service Commission-Board of Review and Appeals, the members of which shall be appointed by the Board of Supervisors. The Commission shall consist of five (5) members, each of whom shall hold office for four (4) years, and until his successor is appointed and qualified. The members shall be selected from among the qualified electors of the County.

1342-1 - Compensation.

The compensation that the Civil Service Commission shall receive for attendance at a meeting or hearing shall be established by resolution of the Board of Supervisors.

(Ord. No. 4576, § 1, 2-9-2021)

1342-2 - Restriction.

No member of the Civil Service Commission shall hold any other salaried county office or employment, nor shall he have been, within the year preceding his appointment, an active official of any political organization.

1342-3 - Records.

The Commission shall keep minutes of its proceedings.

1342-4 - Report.

The Commission shall make an annual report to the Board.

1342-5 - Removal.

The Board of Supervisors may, by a four-fifths vote of all members, remove any member of the Commission during his term of office for misconduct in office, failure or inability to perform his duties, or any other act or omission which is incompatible with or inimical to public service. Removal proceedings shall require that the Board of Supervisors state in writing its reasons for removal and thereafter allow the member an opportunity to be heard in his own defense.

(Add. Ord. 3287—3/8/77)

1343 - Disqualification of commissioners.

A Commissioner shall voluntarily disqualify himself and withdraw from any hearing in which he believes he cannot accord a fair and impartial hearing or for any of the grounds for which a judge of the superior court may be disqualified pursuant to the provisions of Section 170 of the Code of Civil Procedure.

1344 - Law officer.

The County Counsel, or his designated representative, shall serve as law officer.

(Am. Ord. 2419—3/16/71)

1345 - Duties of the Civil Service Commission—Board of Review and Appeals.

(a)

The Civil Service Commission shall, pursuant to the office space and staffing recommendation by the Personnel Department, utilize its own staff to conduct the business of the Commission and make investigations concerning the administration of the civil service system as deemed appropriate.

(b)

The Civil Service Commission shall perform the duties and exercise the powers set forth in this Article 4. It shall function as a review board and may review any aspect of the civil service system.

(c)

The Civil Service Commission shall, in accordance with the provisions of Sections 1352, et seq., hear all appeals in connection with disciplinary action taken.

(d)

The Commission shall have such other powers and duties as delegated to it from time to time by the Board of Supervisors.

(Rep. & Reen. Ord. 2602—7/11/72)

1345-1 - Rules. 1345-1.1 - Duties of the County Executive.

The County Executive shall assist the Civil Service Commission in the development of orderly policies and procedures governing the civil service system. However, nothing herein shall limit the powers and duties of the County Executive relating to matters of personnel administration.

(Rep. & Reen. Ord. 2602—7/11/72)

1345-1.2 - Board of Supervisors.

The Ventura County Board of Supervisors shall enact ordinances, resolutions, rules and regulations constituting and governing the County civil service system upon a majority vote of the Board of Supervisors.

(Rep. & Reen. Ord. 2602—7/11/72)

1345-1.3 - Hearings of the Civil Service Commission.

Hearings of the Civil Service Commission may be requested by the Board of Supervisors, the County Executive, or any recognized employee organization, or may be called by the Civil Service Commission upon its own initiative. All requests for hearings shall be placed on the agenda for the next regularly scheduled meeting of the Commission, at which time the Commission may establish a hearing date or, in the alternative, the Commission may, at its discretion, call a special meeting. Recommendations of the Commission shall be submitted to the Board of Supervisors no later than 15 working days after the close of the hearing.

(Rep. & Reen. Ord. 2602—7/11/72)

1345-1.4 - Written rules.

Written rules for the classified service shall be incorporated into and set forth in the Ventura County Personnel Rules and Regulations. Such written rules for the classified service shall provide for:

(Rep. & Reen. Ord. 3202—6/1/76)

1345-1.4.1 - The classification of positions in the County civil service. 1345-1.4.2 - The public advertisement of examinations. 1345-1.4.3 - Examinations to test the relative fitness of the applications for positions in the classified service of the County. 1345-1.4.4 - The establishment of employment lists, including eligible lists created as a result of competitive, non-competitive and promotional examinations, and reserve lists of laid-off employees. 1345-1.4.5 - A record of all examinations (written, oral or practical) which shows the basis of rating. 1345-1.4.6 - The certification of the names and addresses of at least three (3) persons on the highest standing or standings on the appropriate eligible lists. 1345-1.4.7 - Vacancies in the classified service are to be filled by promotion whenever practicable, except that whenever three (3) or less eligible employees file applications for a promotional examination, or whenever three (3) or less employees in a department are eligible for a promotion to a position in that department, the appointing authority may, upon written justification and approval of the Personnel Director, nominate an employee for promotion, or the appointing authority, in his discretion, may call for a departmental, county service-wide or open examination. In the event of a disapproval as to any nomination, the appointing authority may appeal directly to the Commission.

(Am. Ord. 2680—3/6/73; Am. Ord 3672—1-31-84)

1345-1.4.8 - Minimum standards and qualifications to be met by all applicants for positions in the classified service. 1345-1.4.9 - A probationary period of six (6) months for every position except:

(a)

A probationary period of twelve months for persons entering the service as deputy sheriffs, firefighters, or in trainee or apprentice classifications; or

(b)

A probationary period of twelve (12) months for management, confidential clerical, or other unrepresented employee classifications not exempt from the classified service; or

(c)

A probationary period of twelve (12) months, or other specified period, for any other classification when such specific provision is incorporated into a Memorandum of Agreement as the result of negotiations between the County and the recognized employee organization for that classification.

(Am. Ord. 3965—1-15-91)

1345-1.4.10 - Provisional appointments without examination to existing positions in the classified civil service. 1345-1.4.11 - The appointing authority may dismiss, demote, suspend or demote and suspend any probationary employee during the probationary period. Neither the Commission nor the Grievance Committee shall hold a hearing on any such disciplinary action taken against any probationary employee. 1345-1.4.12 - Permanent status after completion of the probationary period by any person in the classified service, subject to dismissal for cause. 1345-1.4.13 - The tenure of office during good behavior of a person who attained permanent status in the classified service subject to removal, demotion, suspension and demotion, and suspension for any of the following causes: 1345-1.4.13.1 - Fraud in securing appointment, incompetency, inefficiency, inexcusable neglect of duty, physical or mental disability, insubordination, dishonesty, drunkenness on duty, intemperance, addiction to the use of narcotics or habit-forming drugs, inexcusable absence without leave, conviction of a felony or misdemeanor involving moral turpitude, immorality, discourteous treatment of the public or other employees, improper political activity in violation of Sections 1351 and 1351-1 of this Code, willful disobedience, violation of any provision of this Article, any other failure of good behavior or any other act which is incompatible with or inimical to the public service. 1345-1.4.14 - Transfer, including transfer from a public agency other than the County, without examination if the individual has achieved employment in another public agency in a qualifying class as a result of a qualified or competitive personnel merit system; leave of absence; promotion; demotion; suspension; dismissal; resignation; layoff; reinstatement; and a performance record system. 1345-1.4.15 - A preferential credit of 5% of the maximum grade possible in any competitive civil service examination to any person or employee taking the examination who is a veteran as defined in Section 18973 of the Government Code. No preferential credit shall be given in promotional examinations. 1345-1.4.16 - Additional matters as may be necessary to provide for the administration of the classified civil service system.

(Ord. No. 4489, § 2, 4-5-2016)

1345-2 - Reserved.

(Repealed by Ord. 2602, 7-11-1972)

1345-3 - Grievance procedure.

The Board of Supervisors may, after meeting and conferring in good faith with all recognized employee organizations, adopt or modify county grievance procedures.

1346 - Quorum.

Three (3) members shall constitute a quorum for any meeting, and any finding, decision or order of the Commission must have the concurrence of at least a majority of the Commissioners present.

1347 - Classified service.

The classified service shall consist of all of the officers, deputies, and employees of the County of Ventura except the following:

1347-1 - Officers elected by the people. 1347-2 - The Assistant District Attorney, the Chief Deputy District Attorney and the Chief Investigator of the District Attorney.

(Am. Ord. 3415—1-9-79)

1347-3 - No more than two (2) confidential or special investigators to be designated by the Sheriff. The Undersheriff. The Executive Commander.

(Am. Ord. 3106—1-13-76)

1347-4 - Appointed boards and commissions. 1347-5 - The Law Library Trustees and employees. 1347-6 - Members of the County Board of Education.

1347-7 - Employees of the Superintendent of Schools whose salaries are paid wholly from County School service funds of the State. 1347-8 - Persons serving the County without compensation. 1347-9 - Physicians and dentists employed at the County Hospital. 1347-10 - Casual patient and inmate employees of county institutions. 1347-11 - Any casual work position or trainee positions exempted by the County Executive. 1347-12 - The County Executive. 1347-13 - Director—Public Works.

(Ord. 3324—8-2-77)

1347-14 - Superior Court Secretaries. The Jury Commissioner. 1347-15 - Supervisors' Field Deputies. 1347-16 - Rehabilitation Trainee. 1347-17 - Supervisors' Secretaries. 1347-18 - Juvenile Court Referee. 1347-19 - Traffic Hearing Officer. 1347-20 - Assistant Assessor.

(Am. Ord. 3806—3/31/87)

1347-21 - Director—Area Agency on Aging.

(Ord. 3486—3/25/80)

1347-22 - County Fire Chief and Deputy Chief—Fire Services.

(Ord. 3324—8/2/77; Am. Ord. 3801—1/13/87)

1347-23 - County Counsel and Chief Assistant County Counsel.

(Ord. 3324—8/2/77; Am. Ord. 3719—2/5/85)

1347-24 - Assistant County Auditor.

(Ord. 3324—8/2/77; Am. Ord. 3801—1/13/87)

1347-25 - Court Executive Officer.

(Ord. 3324—8/2/77)

1347-26 - Deputy County Executive—Finance and Budgets.

(Ord. 3324—8/2/77)

1347-27 - Director—Information Systems and Assistant Director—Information Systems.

(Ord. 3324—8/2/77; Am. Ord. 3726—3/26/85)

1347-28 - Deputy County Executive—Personnel.

(Ord. 3324—8/2/77)

1347-29 - Director—Corrections Services Agency.

(Ord. 3324—8/2/77)

1347-30 - Director—Environmental Resources Agency.

(Ord. 3324—8/2/77)

1347-31 - Director—Health Services Agency.

(Ord. 3324—8/2/77)

1347-32 - Director—Library Services.

(Ord. 3324—8/2/77)

1347-33 - Director of Financial Administration.

(Ord. 3324—8/2/77; Am. Ord. 3801—1/13/87)

1347-34 - Director—Public Social Services.

(Ord. 3324—8/2/77)

1347-35 - Director—General Services Agency, Chief Deputy Director—General Services Agency, and Deputy Director—General Services Agency.

(Ord. 3324—8/2/77; Am. Ord. 3801—1/13/87)

1347-36 - Executive Assistant—Governmental Relations.

(Ord. 3324—8/2/77)

1347-37 - Executive Assistant—Organizational Relations.

(Ord. 3324—8/2/77)

1347-38 - Assistant Clerk Superior Court, Assistant Registrar of Voters, Assistant Recorder, and Assistant Clerk—Board of Supervisors of the County Clerk and Recorder's Department.

(Ord. 3324—8/2/77; Am. Ord. 3801—1/13/87)

1347-39 - Public Defender and Chief Deputy Public Defender.

(Ord. 3224—8/2/77; Am. Ord. 3699—7/31/84)

1347-40 - Superior Court Executive Officer.

(Ord. 3324—8/2/77)

1347-41 - Airports Administrator.

(Ord. 3725—3/26/85)

1347-42 - Assistant Director—Health Care Agency

(Ord. 3861—5/31/88)

1347-43 - Assistant Treasurer—Tax Collector

(Ord. 3861—5/31/88)

1347-44 - Assistant Fire Chief 1347-45 - Deputy Director I—Adult Services

(Ord. 3871—9/20/88)

1347-46 - Deputy Director I—Income Maintenance

(Ord. 3871—9/20/88)

1347-47 - Deputy Director I—PSSA Children's Services

(Ord. 3871—9/20/88)

1347-48 - Deputy Director II—PSSA

(Ord. 3871—9/20/88)

1347-49 - Deputy Director II—PSSA Fiscal Services

(Ord. 3871—9/20/88)

1347-50 - Deputy Director II—RMA

(Add. Ord. 3887—1/31/89)

1347-51 - Deputy Director I—RMA

(Add. Ord. 3887—1/31/89)

1347-52 - Hospital Administrator

(Add. Ord. 3893—4/11/89)

1347-53 - Director—Mental Health

(Add. Ord. 3893—4/11/89)

1347-54 - Deputy Courts Executive Officer

(Add. Ord. 3891—3/28/89; Am. Ord. 4043—10/26/93)

1347-55 - Director—Employee Health Services

(Add. Ord. 3892—3/28/89)

1347-56 - Municipal Court Commissioner

(Add. Ord. 3911—10/3/89)

1347-57 - Deputy Director II—PWA

(Add. Ord. 3908—9/26/89)

1347-58 - Deputy Director I—PWA

(Add. Ord. 3908—9/26/89)

1347-59 - Agricultural Commissioner

(Add. Ord. 3910—10/3/89)

1347-60 - Manager—Animal Regulation

(Add. Ord. 3910—10/3/89)

1347-61 - Solid Waste Manager

(Add. Ord. 3910—10/3/89)

1347-62 - Deputy Director—Corrections Services Agency

(Add. Ord. 3913—11/7/89)

1347-63 - Director—Alcohol and Drug Programs

(Add. Ord. 3950—7/31/90)

1347-64 - Assistant Public Defender

(Add. Ord. 3950—7/31/90)

1347-65 - Assistant County Clerk

(Add. Ord. 3956—10/16/90)

1347-66 - Assistant Courts Executive Officer

(Add. Ord. 3956—10/16/90; Am. Ord. 4043—10/26/93)

1347-67 - Chief Deputy Director—PSSA

(Add. Ord. 3956—10/16/90)

1347-68 - Assistant Public Guardian-Conservator

(Add. Ord. 3969—3/26/91)

1347-69 - Court Commissioner

(Add. Ord. 3987—11/19/91)

1347-70 - Chief Medical Examiner

(Add. Ord. 4004—9/22/92)

1347-71 - Assistant Chief Medical Examiner

(Add. Ord. 4004—9/22/92)

1347-72 - Chief Deputy Sheriff

(Add. Ord. 4038—7/13/93)

1347-73 - Director—Public Health

(Add. Ord. 4038—7/13/93)

1347-73(a) - "Chief Assistant District Attorney" and Sec. 1347-73(b) "Supervising Criminal Attorneys"

(Add. Ord. 4077—11/1/94)

1347-74 - Director—Behavioral Health

(Add. Ord. 4106—1/9/96)

1347-75 - Director of Airports

(Add. Ord. 4112—3/12/96)

1347-76 - Deputy Director of Airports

(Add. Ord. 4112—3/12/96)

1347-77 - Director—Harbor

(Add. Ord. 4115—4/23/96)

1347-78 - Deputy Director—Harbor

(Add. Ord. 4115—4/23/96)

1347-79 - Deputy Director—Health Care Agency

(Add. Ord. 4121—8/6/96)

1347-80 - Chief Deputy Administrative Officer

(Add. Ord. 4147—9/16/97)

1347-81 - Chief Deputy—Probation Agency

(Add. Ord. 4159—1/6/98)

1347-82 - Executive Officer—Probation Agency

(Add. Ord. 4159—1/6/98)

1347-83 - Deputy Director—Library Services

(Add. Ord. 4161—3/24/98)

1347-83 - Chief Deputy District Attorney

(Add. Ord. 4167—6/16/98)

1347-84 - Retirement Manager

(Add. Ord. 4167—6/16/98)

1347-85 - Supervising Civil Trial Attorney

(Add. Ord. 4167—6/16/98)

1347-86 - Retirement Administrator

(Add. Ord. 4173—9/22/98)

1347-87 - Assistant Retirement Administrator

(Add. Ord. 4173—9/22/98)

1347-88 - Director—Probation Agency

(Add. Ord. 4181—11/24/98)

1347-89 - Chief Deputy Public Defender

(Add. Ord. 4181—11/24/98)

1347-90 - Chief Deputy Agriculture Commissioner

(Add. Ord. 4190—6/15/99)

1347-91 - Director—Area Agency on Aging

(Add. Ord. 4196—9/14/99)

1347-92 - Director, Department of Child Support Services

(Add. Ord. 4260—5/7/02)

1347-93 - Director—Human Services Agency

(Am. Ord. 4202—11/9/99)

1347-93(a) - Assistant Director, Department of Child Support Services

(Add. Ord. 4260—5/7/02)

1347-94 - Deputy Director—Human Services Agency

(Am. Ord. 4202—11/9/99)

1347-95 - Director—Business and Employment Services Department

(Am. Ord. 4202—11/9/99)

1347-96 - Director—Children and Family Services Department

(Am. Ord. 4202—11/9/99)

1347-97 - Director—Transitional and Adult Services Department

(Am. Ord. 4202—11/9/99)

1347-98 - Deputy Assessor

(Am. Ord. 4202—11/9/99)

1347-99 - Assistant Chief Administrative Officer/Chief Financial Officer

(Am. Ord. 4208—6/13/00)

1347-100 - Chief Information Officer

(Am. Ord. 4208—6/13/00)

1347-101 - Medical Director—Behavioral Health

(Am. Ord. 4228—2/27/01)

1347-102 - Deputy Director RMA—Planning

(Am. Ord. 4230—3/3/01)

1347-103 - Civil Service Commission Assistant

(Ord. 4239, § 1, 2001)

1347-104 - Chief-Deputy Executive Officer

(Add. Ord. 4248—12/9/01)

1347-105 - Assistant Chief Information Officer

(Add. Ord. 4248—12/9/01)

1347-106 - Deputy Chief Information Officer

(Add. Ord. 4248—12/9/01)

1347-107 - Deputy Director, Auditor Controller

(Add. Ord. 4255—2/17/02)

1347-108 - Director—Department of Child Support Services

(Add. Ord. 4255—2/17/02)

1347-109 - Assistant Director—Department of Child Support Services

(Add. Ord. 4255—2/17/02)

1347-110 - Deputy Director—Animal Regulation

(Add. Ord. 4261—6/9/02)

1347-111 - HSA Assistant Director

(Add. Ord. 4278—12/28/02)

1347-112 - Deputy Executive Officer

(Add. Ord. 4279—1/17/03)

1347-113 - APCD Senior Manager—Engineering

(Add. Ord. 4298—4/25/04)

1347-114 - APCD Senior Manager—Monitoring and Planning

(Add. Ord. 4298—4/25/04)

1347-115 - APCD Senior Manager—Compliance

(Add. Ord. 4298—4/25/04)

1347-116 - APCD Air Pollution Control Officer/Executive Officer

(Add. Ord. 4298—4/25/04)

1347-117 - VCREA Project Manager

(Add. Ord. 4303—7/4/04)

1347-118 - Director—VCREA

(Add. Ord. 4303—7/4/04)

1347-119 - VCREA Administrative Assistant

(Add. Ord. 4303—7/4/04)

1347-120 - WIOA Executive Officer

(Add. Ord. 4309—9/12/04)

1347-121 - Chief Financial Officer—Retirement

(Add. Ord. 4312—11/7/04)

1347-122 - Deputy Chief Information Officer

(Add. Ord. 4314—2/13/05)

1347-123 - Assistant Clerk and Recorder

(Add. Ord. 4320—6/19/05)

1347-124 - Principal Assistant County Counsel

(Add. Ord. 4327—9/13/05)

1347-125 - Public Authority Administrator

(Add. Ord. 4337—2/7/06)

1347-126 - Director—Harbor Planning and Redevelopment

(Add. Ord. 4346—6/20/06)

1347-127 - LAFCO Deputy Executive Officer

(Add. Ord. 4346—6/20/06)

1347-128 - Assistant County Executive Officer

(Add. Ord. 4348—6/27/06)

1347-129 - Chief District Attorney Investigator

(Add. Ord. 4359—4/24/07)

1347-130 - APCD Deputy Air Pollution Control Officer

(Add. Ord. 4392—11/25/08)

1347-131 - Public Administrator 1347-132 - Chief Financial Officer—HCA 1347-133 - Assistant Sheriff 1347-134 - Chief Deputy Assessor 1347-135 - Chief Deputy Director Health Care Agency 1347-136 - Director Water and Sanitation 1347-137 - Director Transportation 1347-138 - Director Watershed Management 1347-139 - Director PWA Central Services 1347-140 - Director Engineering Services 1347-141 - Director Animal Services 1347-142 - Deputy Director Animal Services 1347-143 - Retirement Chief Investment Officer 1347-144 - Board Supervisor's Chief of Staff 1347-145 - Senior Deputy Executive Officer 1347-146 - Assistant Director Public Health 1347-147 - Chief Financial Officer—Hospital 1347-148 - Chief Financial Officer—Ambulatory Care 1347-149 - Chief Deputy Director—Human Services Agency 1347-150 - County Chief Financial Officer 1347-151 - Chief Information Security Officer 1347-152 - Chief Hospital Operations—E 1347-153 - Chief Hospital Operations—Professional & Support Services—E 1347-154 - Chief Nursing Executive—E 1347-155 - Medical Director 1347-156 - Ambulatory Care/Population Health Administrator 1347-157 - Medical Director—Hospital and Ambulatory Care 1347-158 - Chief Deputy Director Strategy and Growth 1347-159 - Managing Attorney 1347-160 - Sheriff's Director of Emergency Services 1347-161 - Public Information Officer—E 1347-162 - Administrative Services Director III 1347-163 - Administrative Services Director IV 1347-164 - Deputy Director Area Agency on Aging 1347-165 - Assistant Director Public Works Agency 1347-166 - CEO Medical Director of Ambulatory Care 1347-167 - Chief Medical Director—Ambulatory Care 1347-168 - Chief Medical Quality Officer 1347-169 - Chief Medical Director 1347-170 - Ambulatory Care Administrator 1347-171 - Chief Operations Officer—Hospital 1347-172 - Primary Care Clinic Physician 1347-173 - Primary Care Clinic Pediatrician 1347-174 - Per Diem Primary Care Clinic Physician 1347-175 - Per Diem Urgent Care Clinic Physician

1347-176 - Managing Veterinarian 1347-177 - Associate Forensic Pathologist 1347-178 - Assistant Planning Director RMA 1347-179 - Compliance Officer 1347-180 - Associate Chief Nursing Executive 1347-181 - Chief Medical Information Officer 1347-182 - Chief Probation Officer 1347-183 - Sheriff's Bureau Manager—E 1347-184 - Clerk-Recorder Compliance Officer 1347-185 - VCHCP Medical Director 1347-186 - Assistant Chief Probation Officer 1347-187 - Assistant Chief Financial Officer—HCA—E 1347-188 - Special Assistant 1347-189 - Public Health Officer 1347-190 - Director of Victim and Family Justice Center Services 1347-191 - Assistant Director Behavioral Health 1347-192 - Behavioral Health Division Manager—E 1347-193 - Chief Nursing Executive—Ambulatory Care 1347-194 - Fox Canyon Groundwater Management Agency Executive Director 1347-195 - Executive Assistant-CEO—E 1347-196 - Chief Investment Officer—E 1347-197 - Chief Data & Analytics Officer

(Ord. No. 4399, § 2, 2-24-2009; Ord. No. 4401, § 1, 5-5-2009; Ord. No. 4424, § 1, 1-11-2011; Ord. No. 4433, § 1, 7-12-2011; Ord. No. 4441, § 1, 11-1-2011; Ord. No. 4444, § 1, 3-20-2012; Ord. No. 4449, § 1, 6-26-2012; Ord. No. 4467, § 1, 12-2-2014; Ord. No. 4482, § 1, 11-3-2015; Ord. No. 4488, § 1, 3-22-2016; Ord. No. 4494, § 1, 7-26-2016; Ord. No. 4508, § 1, 4-11-2017; Ord. No. 4533, §§ 1, 2, 11-6-2018; Ord. No. 4536, § 1, 1-8-2019; Ord. No. 4538, § 1, 3-12-2019; Ord. No. 4541, § 1, 4-9-2019; Ord. No. 4545, § 1, 9-24- 2019; Ord. No. 4559, § 1, 2-11-2020; Ord. No. 4572, § 1, 12-8-2020; Ord. No. 4575, § 1, 2-9-2021; Ord. No. 4578 § 1, 3-9-2021; Ord. No. 4579 § 1, 3-16-2021; Ord. No. 4582 § 1, 4-27-2021; Ord. No. 4583, § 1, 7-27-2021; Ord. No. 4584, § 1, 9-21-2021; Ord. No. 4585, § 1, 10-12-2021; Ord. No. 4588, § 1, 11-9-2021; Ord. No. 4597, § 1, 3-22-2022; Ord. No. 4599, § 1, 4-26-2022; Ord. No. 4609, § 1, 12-13-2022; Ord. No. 4617, § 1, 4-11-2023; Ord. No. 4621, § 1, 9-26-2023; Ord. No. 4622, § 1, 10-17-2023; Ord. No. 4623, § 1, 12-19-2023; Ord. No. 4628, § 1, 4-9-2024; Ord. No. 4631, § 1, 5-21-2024; Ord. No. 4634, § 1, 7-23-2024; Ord. No. 4635, §§ 1, 2, 9- 10-2024; Ord. No. 4642, §§ 1, 2, 12-17-2024; Ord. No. 4643, § 1, 3-18-2025; Ord. No. 4644, § 1, 4-29-2025; Ord. No. 4645, § 1, 5-13- 2025)

Editor's note— Ord. No. 4449, § 1, adopted June 26, 2012, set out provisions adding §§ 1347-140 and 1347-141. Inasmuch as provisions were already designated as § 1347-140, said ordinance has been codified herein as §§ 1347-141 and 1347-142 at the discretion of the editor.

1348 - Deleted by Ord. 3202—6/1/76. 1349 - Substitute employees.

Any employee who is substituting for a person on military leave from county employment shall have probationary status until six (6) months after it is determined that the employee in military service will not return to his employment following discharge from the military service.

1350 - Deleted by Ord. 3202—6/1/76. 1351 - Political activities. 1351-1 - Soliciting or receiving funds or contributions.

(a)

No officer or employee of the county shall solicit for a candidate for elective office any contribution, pecuniary or otherwise, from other officers or employees of the County.

(b)

No officer or employee of the county shall permit the services of his department to be utilized to solicit, or process any political contribution, pecuniary or otherwise from other officers or employees of the County.

EXCEPTION: Notwithstanding the provisions of Section 1351-3, this Section does not prevent an officer or employee of the County of Ventura from soliciting or receiving political funds or contributions to promote the passage or defeat of a ballot measure which would affect the rate of pay, hours of work, retirement, civil service or other working conditions of officers or employees of said County.

The aforementioned activities are prohibited during the regular working hours of officers or employees.

For the purposes of this Section a ballot measure means any constitutional amendment or other proposition submitted to a popular vote at any election.

1351-2 - Participation in political activity while in uniform.

No officer or employee of the County shall participate in political activities of any kind while he is in uniform.

1351-3 - Prohibition of entry for political assessment subscription or contribution.

(a)

The purpose of this Section is to deny the use of County property, its buildings, appurtenances or resources, for the solicitation of political assessments or contributions.

(b)

Every officer or employee of the County shall prohibit the entry into any place under his control, occupied and used for the governmental purposes of said County, of any person, for the purpose of therein making, or giving notice of any political assessment, or subscription.

(c)

No person shall enter or remain in any such place described in subsection (a) of this Section for the purpose of therein making, demanding or giving notice of any political assessment or subscription.

(d)

This section shall not apply to any auditorium or other place used for conduct of public or political rallies or similar events, nor to any park, street, public land or other place not being used for the governmental purposes of said County.

1351-4 - Use of official authority or influence, corrupt condition or consideration.

No person who holds, or who is seeking election or appointment to, any office or employment in the County shall, directly or indirectly, use, promise, threaten or attempt to use, any office, authority or influence, whether possessed or merely anticipated, to confer upon or secure for any person, or to aid or obstruct any person in securing, or to prevent any person from securing, any position, nomination, confirmation, promotion, change in compensation or position, within said County upon consideration that the vote or political influence or action of such person or another shall be so given or used in behalf of or withheld from, any candidate, officer or party, or upon any other corrupt condition or consideration.

1351-5 - Disciplinary action.

If, as a result of any Commission hearing, the Commission finds that any officer or employee may have willfully, by himself or in cooperation with another, acted to defeat, deceive or obstruct any officer or employee with respect to his rights under this Article 4, or any Civil Service Rules, the Commission may, at its discretion, submit a report to the appointing authority with a copy to the Board of Supervisors.

(Add. Ord. 2602—7/11/72)

1352 - Disciplinary hearings.

All hearings provided for in the following subsections to this Section 1352 shall be conducted in accordance with the following provisions and the Civil Service Rules.

1352-1 - Order in writing.

Any permanent officer or employee in the classified civil service may be dismissed, demoted, suspended, or demoted and suspended by the appointing authority by an order in writing. Such order shall contain the specific acts or omissions, including dates and time periods, which resulted in the disciplinary action taken. An original copy of said order shall be filed with the Civil Service Commission and a copy thereof shall be served on the officer or employee at the time of the disciplinary action.

1352-2 - Time for appeal.

Such officer or employee may, upon petition in writing, appeal from such order to the Civil Service Commission within ten (10) days of receipt of the order in writing. A copy of such petition shall be delivered to the Personnel Director for the insertion in the personnel records of the employee or officer.

1352-2.1 - Involuntary resignations.

A petition requesting hearing on a resignation alleged to be involuntary and coerced by improper action of the appointing authority shall be filed with the Civil Service Commission within ten (10) days following notice to petitioner of the acceptance of the resignation by the appointing authority. The petitioner shall have the burden of proving that the resignation was involuntary. Should the Commission find that the resignation was not voluntary and was coerced by improper conduct of the appointing authority, the appointing authority shall have ten (10) days following notice of the decision of the Commission to serve the petitioner with an order dismissing, demoting, suspending or demoting and suspending the petitioner. Should no order in writing be served upon petitioner he shall be reinstated to his former position with back pay to the effective date of the resignation.

(Add Ord. 3023—5/20/75)

1352-3 - Time for hearing.

The petition shall be placed on the agenda at the next meeting of the Commission and shall be considered for sufficiency. The petition shall be deemed as insufficient if it fails to state specific facts or reasons as grounds for the appeal or if in the opinion of the Commission the facts and reasons stated, even if true, would not entitle petitioner to any relief. However, such denial shall be without prejudice to the filing of an amended petition of appeal within ten (10) days of such denial.

If the petition is found to be sufficient, the Commission shall fix the date of the hearing of appeal, which date may be changed by the Commission for good cause shown.

1352-4 - Hearing board or officer.

Upon receiving a petition which complies with the foregoing rules, the Commission shall determine whether the matter will be heard before the entire Commission or one (1) or more members of the Commission, or a hearing board or officer appointed by the Commission. The County Counsel or his designated representative may be appointed as a hearing officer. Recommendations of a hearing board or hearing officer may be modified by the Commission and shall not become effective until ratified by the Commission.

1352-5 - Duty of law officer.

It shall be the duty of the law officer to advise the Chairman or Chairman Pro Tem on all questions of law, including rulings on evidence, arising at hearings of the Commission. The law officer shall not be present during the deliberations of the Commission. However, he shall be available so that he may be called upon by the Commission upon any questions of law arising during its deliberation on the facts.

1352-6 - Appearance of petitioner.

The appearance of petitioner shall be required at all hearings except as otherwise provided herein.

(a)

The Commission, hearing board or hearing officer shall have discretion to consent to the absence of the petitioner upon a showing or good cause therein.

(b)

An unexcused absence of the petitioner at such a hearing may, in the discretion of the Commission, hearing board or hearing officer, be deemed a withdrawal of the petition and consent to the action taken.

1352-7 - Right to counsel.

The petitioner may be represented by counsel or any person of his choosing at any hearing. If the petitioner elects to be so represented, he shall notify the Commission in writing of such election not later than the tenth calendar day preceding the date set for the hearing. The Commission shall notify the appropriate appointing authority in order that the latter may arrange to be represented. If the petitioner elects not to be represented, and his request for an informal hearing is approved by the Commission, the appointing authority shall not be represented.

1352-8 - Formal or informal hearing.

If the petitioner elects to proceed to a hearing with representation, the hearing shall be formal. If the petitioner elects to proceed to a hearing without representation, he may request either a formal or informal hearing. A formal hearing shall include opening statements by the parties, the presentation of evidence on a question and answer basis, final arguments and other formalities and procedures typical of a civil trial. An informal hearing contemplates narrative presentations by the parties and their witnesses in a conference as opposed to a courtroom setting.

1352-9 - Subpoena power.

Before the hearing has commenced, the Chairman or Chairman Pro Tem or the assigned hearing officer shall issue subpoenas and subpoenas duces tecum at the request of any party for attendance or production of documents at the hearing. Compliance with the provisions of Section 1985 of the Code of Civil Procedure shall be a condition precedent to the issuance of the subpoena duces tecum. After the hearing has commenced, the Chairman or Chairman Pro Tem hearing the case, or the assigned hearing officer may issue subpoenas and subpoenas duces tecum. Any person duly subpoenaed to appear and testify or to produce any books and papers before the Commission who willfully neglects or refuses to appear or testify or to produce such books and papers is guilty of a misdemeanor.

1352-10 - Public hearing.

All hearings by the Commission shall be public unless the Commission, for good cause shown, orders that a hearing shall not be open to the public.

1352-11 - Oaths.

The Chairman, the Chairman Pro Tem, the hearing officer or any member of the Commission when authorized by the Chairman or the Chairman Pro Tem, shall have the power to administer oaths when necessary in the performance of Commission functions.

1352-12 - Order of proof.

The appointing authority shall present its order in writing alone or may offer corroborative evidence. The petitioner may then submit oral or written contradictory evidence. The Commission shall hear all the evidence and shall base its findings and decision solely upon the evidence admitted. The decision of the Civil Service Commission shall be final and conclusive.

1352-13 - Duty to testify.

During a hearing, the petitioner, appointing authority and all officers and employees of the County of Ventura have a duty to answer under oath any question properly propounded by the appointed authority, the petitioner, a Commissioner or the hearing officer.

1352-14 - Evidence.

Evidence shall be taken under oath or affirmation. Each party and the Commissioner shall have the right to call and examine witnesses; to introduce exhibits; to cross-examine witnesses on any matter relevant to the issues even though such matter was not covered on direct examination; and to impeach any witness regardless of which party first called him to testify. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objections in civil action. Hearsay evidence shall be admissible for any purpose but shall not be sufficient itself to support a finding unless it would be admissible over objection in civil actions.

1352-15 - Parties as witnesses.

Each party shall have the right to call and examine the other party as if under cross-examination. The party calling such adverse witness shall not be bound by his testimony, and the testimony given by such witness may be rebutted by the party calling him.

1352-16 - Exclusion of witnesses.

The Commission, hearing board or hearing officer may, at its or his discretion, exclude witnesses not under examination, excepting the Personnel Director, the petitioner, the appointing authority and counsel. When hearing testimony of scandalous or indecent conduct, all persons not having a direct interest in the hearing may be excluded.

1352-17 - Witness fees.

Witnesses subpoenaed before the Civil Service Commission are entitled to the same fees and mileage paid witnesses in Superior Court. If requested, witness fees and mileage shall be paid by the party at whose instance the witnesses appear. Officers and employees of the County of Ventura shall not be entitled to witness and mileage fees if they appear at a Commission hearing during their regularly scheduled working hours. Officers and employees shall be entitled to witness and mileage fees if they are on a regularly scheduled vacation or holiday, or are required to appear outside of their regularly scheduled working hours.

(Rep. & Reen. Ord. 3013—4/8/75)

1352-18 - Depositions.

If the presence of any witness cannot be procured at the time of the hearing, his deposition must be taken in accordance with the rules applicable to depositions in civil cases. The cost of a deposition shall be borne by the party taking the deposition.

1352-19 - Report of hearing.

Any party or interested person may, at his own expense, have a hearing reported by a Certified Shorthand Reporter or an Official Court Reporter.

1352-20 - Findings and decisions.

If the Commission finds that none of the charges contained in the order are true, then it shall set aside the order. If the Commission finds that some or all of the charges are true, then it shall make and enter its decision confirming or modifying the order of the appointing authority.

1352-21 - Modification procedures.

An order imposing disciplinary action may be modified by ordering the petitioner demoted or suspended or both. The Commission must determine the degree and the type of disciplinary action to be imposed, but in no event shall the Commission impose more severe disciplinary action than that imposed by the appointing authority. The degrees of demotion consist of the classified positions to which the petitioner may be demoted. The period of suspension may not exceed thirty (30) days.

Sections 1352, 1352-1, 1352-2, 1352-3, 1352-5, 1352-6, 1352-7, 1352-8, 1352-9, 1352-10, 1352-11, 1352-12, 1352-13, 1352-14, 1352-15, 1352-16, 1352-17, 1352-18, 1352-19, 1352-20, 1352-21, 1352-21.1, 1352-21.2, 1352-22, 1352-23.

(Repealed, Reenacted and Renumbered Ord. 2419—3/16/71)

1352-22 - Modification or vacation of order.

An order of the Commission may be modified or vacated, in whole or in part, and a new or further hearing granted on all or part of the issues, on the application of a party to the hearing or on motion of the Commission, for any of the following causes, materially affecting the substantial rights of the applicant or the appointing authority:

(a)

Irregularly in the hearing proceedings, or any order of the Commission or abuse of discretion by which either party was prevented from having a fair hearing;

(b)

Accident or surprise, which ordinary prudence could not have guarded against;

(c)

Newly discovered evidence which could not, with reasonable diligence, have been discovered and produced at the hearing and which is material to the question that was before the Commission;

(d)

Error in law, occurring at the hearing and excepted to at the hearing by the party making the application or motion.

The application or motion to the Commission shall be made either before the signing of the order of the Commission or within ten (10) days of the Commission mailing notice of its order and shall designate the grounds upon which modification or vacation is requested. The time for hearing the application or motion shall be governed by Section 1352-3.

Should the Commission grant a hearing on the application or motion, the Commission shall, after review of the application or motion, specify the ground or grounds on which it is granted and the Commission's reason or reasons for granting the application or motion. At the hearing, the evidence introduced shall be limited to the ground or grounds upon which the hearing was granted. At the conclusion of the hearing, the Commission shall either confirm its prior findings or issue a new finding and decision.

The filing of an application under this Section shall not be necessary to exhaust administrative remedies and the application or motion shall not operate to stay the effectiveness of the order of the Commission except by discretion of the Commission upon a showing, by affidavit, of emergency or hardship should the order not be stayed.

(Add Ord. 3013—4/8/75)

1352-23 - Judicial review.

Judicial review of a decision or order of the Commission may be had by filing and serving a petition for a writ of mandate in accordance with the provisions of the Code of Civil Procedure. Such petition shall be filed and served upon the parties within one hundred eighty (180) days of the date of the Commission's decision or order. The right to petition shall not be affected by the failure to seek reconsideration, rehearing or reopening before the Commission. The party seeking judicial review shall bear the cost of having a record of the proceedings prepared for the reviewing court.

(Add. Ord. 3023—5/20/75)

1352-24 - Record.

The Civil Service Commission shall record the proceedings on a recording device and shall make such recording available to the parties upon request, at the expense of the requesting party.

(Add. Ord. 3023—5/20/75)