Chapter 3.24
SEPARATIONS FROM CLASSIFIED SERVICE
Sections:
3.24.010 Separations from classified service, disciplinary actions and leaves.
3.24.030 Dismissals, suspensions and demotions.
3.24.040 Length of suspensions.
3.24.060 Status during leave of absence—Substitute appointments.
3.24.010 Separations from classified service, disciplinary actions and leaves.
The Civil Service Rules shall provide for: the separation from the classified service of employees through layoff; disciplinary actions (suspension or dismissal or demotions); and leaves of absence. [Ord. 5298 § 6, 2019; Ord. 3700 § 2, 1985; Ord. 2847, 1980; Ord. 455-A, 1954; prior code § 4.05.600].
3.24.020 Layoffs.
The Civil Service Rules shall provide that whenever it becomes clearly evident that the necessity of any position in the classified service has become unnecessary to the best interest of the government of the County and to the public service, the Board of Supervisors may, after an open hearing on the matter, abolish such position from the classified service and lay off the employee holding such employment or position; provided, however, that such employee so laid off shall have their name placed at the head of the prevailing eligible list and a reasonable attempt be made to place such employee in a position or grade in the classified service comparable with the position or grade from which they were removed by the layoff. If, within 24 months after the abolishment of such position or office, it is reestablished, all persons laid off at the time of the abolishment must be given an opportunity to return to their former positions under the classified service. [Ord. 5298 § 6, 2019; Ord. 2555, 1978; Ord. 455-A, 1954; prior code § 4.05.620].
3.24.030 Dismissals, suspensions and demotions.
The dismissal, suspension or demotion of any officer or employee in the classified service shall be as follows:
(A) Any officer or employee in the classified service may be dismissed, suspended, reduced in compensation or demoted by the appointing authority by a written order, stating specifically the reasons for the action. The order shall be filed with the Personnel Director and a copy thereof shall be furnished without delay to the person to be dismissed, suspended or demoted.
(B) Within seven days after receiving the order, the officer or employee may appeal the order to the Civil Service Commission by filing an appeal with the Personnel Director. The Personnel Director shall transmit the order and appeal to the Civil Service Commission as soon as possible.
This appeal provision shall not apply to provisional or probationary employees.
(C) Procedures applicable to disciplinary appeal hearings shall be specified in the Civil Service Rules.
(D) Within 30 days from the filing of the appeal, the Commission shall schedule a hearing on the matter. Said hearing shall commence as soon as practical. Following the hearing, the Commission shall either affirm, modify or revoke the order. With respect to a modification of an order of dismissal, the Commission has the authority to suspend an employee for a period up to and in excess of 30 days or take other actions to modify the order. The appellant is entitled to make the hearing a public hearing, and may appear personally, produce evidence, and obtain counsel to represent them. If the appellant requests a later hearing date or a continuance, the appellant shall be deemed to have waived any claim for additional compensation as a result of the delay, in the event the appellant is ordered reinstated.
(E) The findings and decision of the Civil Service Commission shall be certified to the department head or officer whose act was the basis for the hearing, and to the appellant, and the decision shall be enforced forthwith, subject to any further right to appeal. [Ord. 5298 § 6, 2019; Ord. 4340 § 1, 1994; Ord. 4249 § 1, 1993; Ord. 4236 § 1, 1993; Ord. 3710 § 1, 1986; Ord. 3700 § 3, 1985; Ord. 2847, 1980; Ord. 2443, 1977; Ord. 2362, 1976; Ord. 1916, 1973; Ord. 455-A, 1954; prior code § 4.05.610].
3.24.040 Length of suspensions.
An appointing authority may suspend an employee for not longer than 30 days. [Ord. 5298 § 6, 2019; Ord. 3700 § 4, 1985; Ord. 455-A, 1954; prior code § 4.05.630].
3.24.050 Military leave.
Any employee required to perform active military service shall be granted the leave of absence provided by law. [Ord. 2847, 1980; Ord. 648, 1960; Ord. 455-A, 1954; prior code § 4.05.640].
3.24.060 Status during leave of absence—Substitute appointments.
(A) No new employee or probationer taking the position of a permanent employee in the classified service who has been granted a leave of absence (“substitute appointments”) shall acquire status other than probationary status in the classified service during the period of the leave of absence. Substitute appointments cannot achieve permanent status absent meeting the exception criteria in Section 130 of the County’s Personnel Regulations.
(B) Any permanent employee in the classified service who requests reappointment to the position held by that person prior to the time they were granted a leave of absence, during the period of such leave of absence, or any extension or renewal thereof, shall be reappointed to such position. In event of severance from service by reason of such reappointment of such permanent employee, the person in the substitute appointment shall have their name returned to the eligible lists.
(C) Appointment to a probationary status by a new employee taking a position during a leave of absence granted a permanent employee holding that position shall not be a bar to that probationer participating in an open examination for another position (persons holding substitute appointments may compete for other positions). [Ord. 5298 § 6, 2019; Ord. 2847, 1980; prior code § 4.05.635].