Chapter 16
PERSONNEL SYSTEM

Sections:

16-1.    Short title.

16-2.    Purpose.

16-3.    Basic policies.

16-4.    Definitions.

16-5.    Application responsibility and administration.

16-6.    Recruitment.

16-7.    Special requirement for licensing and certification.

16-8.    Medical examinations and fingerprinting.

16-9.    Selection procedures.

16-10.    Rating.

16-11.    Categories of employment.

16-12.    Certification and appointment.

16-13.    Classified service.

16-14.    Conditions of employment.

16-15.    Prohibited activities.

16-16.    Benefits.

16-17.    Promotions.

16-18.    Outside employment.

16-19.    Holidays.

16-20.    Compensation plan.

16-21.    Payment of salary.

16-22.    Salary upon promotion, demotion, transfer, reclassification, or temporary assignment.

16-23.    Transfers.

16-24.    Reemployment after leave, resignation, or layoff.

16-25.    Dismissal, suspension, reprimand, demotion and right of appeal.

16-26.    Resignation.

16-27.    Personnel records.

For state law as to regulation of compensation, etc., of county officers and employees, see California Const., art. XI, § 5. See also Gov. C. A., § 25300. As to officers generally, see Gov. C. A., § 2400. As to salaries of county officers and employees, see Gov. C. A., § 28101 et seq.

As to compensation of county officers and employees generally, see §§ 2-14 to 2-16.2 of this Code. As to acceptance of gratuities by county officials or employees, see § 17-6.

16-1 Short title.

This chapter shall be known as the “personnel ordinance of Colusa County.” (Ord. No. 424, § 2 (part); Ord. No. 491, (part).)

16-2 Purpose.

The purpose of this chapter is to establish fair and nondiscriminatory standards and procedures governing selection, appointment, placement, performance, promotion or demotion, transfer, separation, suspension, discharge or other discipline, retirement of appointive officers and employees, classification of positions, and compensation plan, to the end that the economy and efficiency of the public business will be promoted and the prestige of public employment will be enhanced. (Ord. No. 424, § 2 (part); Ord. No. 491, (part).)

16-3 Basic policies.

(a)  Colusa County requires that all employment practices be equal, without regard to factors that are not job-related. Non job-related factors include, but are not limited to, race, religion, creed, color, national origin, ancestry, physical handicap, medical condition (cancer-related), mental condition, marital status, sex or age (over forty), except where age (over forty), sex, physical handicap, medical condition (cancer-related), or mental condition becomes a bona fide occupational requirement for the job.

(b)  The county of Colusa will provide equal employment opportunity in all phases or aspects of employment, including, but not limited to, recruitment, selection, placements, transfers, training and development, promotion, demotion, compensation, benefits, layoff and terminations, and all conditions or privileges of employment.

(c)  All advertisements for qualified candidates for positions will state that the county of Colusa is an equal opportunity employer. (Ord. No. 424, § 2 (part); Ord. No. 491, (part).)

16-4 Definitions.

For the purpose of this chapter, the following definitions shall apply:

Active duty. Status of an employee actually performing the duties of the employee’s position.

Allocation. The official determination of the class in which a position shall be deemed to exist, and the assignment of an individual position to an appropriate class on the basis of duties and responsibilities.

Anniversary date. The date established in accordance with section 16-20 when a permanent employee’s status is changed from probationary to nonprobationary or when a permanent employee’s employment status has been changed by promotion or demotion.

Appeal. A formal request that a decision be reconsidered at a higher level in the grievance procedure.

Applicant. An individual who has completed and filed a written application for employment in county service. The term does not apply to one who has indicated either orally or in writing an interest in employment.

Appointing authority. A person or group having lawful authority to appoint or remove persons from positions in the county service. The department head is the appointing authority for his or her department or office, subject to the approval of the board.

Board. The board of supervisors of the county of Colusa.

Classification plan. An ordering of the different positions in the county service according to duties, responsibilities and qualifications required.

Class or class of position. A specifically recognized and defined kind of employment in the county service designated to embrace all positions having duties and responsibilities sufficiently similar that the same title may be used, the same qualifications may be required, and the same schedule of compensation may be made to apply with equity.

Compensation. The salary, wage, allowance, and all other forms of valuable consideration earned or paid to any employee by reason of service in any position.

Continuous employment. A period during which an individual is serving the county uninterrupted by termination. Temporary layoff shall not be considered termination of employment if the employee returns to work within ten days after receipt of notice to return to county service.

Day. A calendar day of twenty-four hours.

Department head or head of department. The chief administrative official of a county department, either elected or appointed by law.

Demotion. Any action which reduces an employee’s classification or rate of pay within the salary range on a voluntary or involuntary basis.

Dismissal. Disciplinary action which terminates an employee from county service.

Employee. A person employed by the county, except those persons elected by popular vote or appointed to office by the governor of the state.

Exempt service. The exempt service shall include the following:

(a)  All elected officials and members of the boards and commissions.

(b)  Persons serving the county as independent contractors.

(c)  Consultants and counsel rendering temporary professional services.

(d)  Volunteer personnel and personnel appointed to serve without pay.

(e)  Persons employed to render the county expert service of occasional character.

(f)  Positions involving seasonal, temporary, limited-term or exempt part-time employment, as defined by the rules adopted pursuant to this chapter.

(g)  Persons employed to meet the immediate requirements of an emergency condition.

Gender. For the purpose of this chapter, unless the context clearly indicates another meaning, the masculine shall include the feminine and the singular shall include the plural.

Grievance. Any dispute which arises over the interpretation, application, or alleged violation of any statute, ordinance, resolution, memorandum of understanding, or departmental rules and regulations presently in force or as may from time to time be adopted by the county on matters within the scope of representation.

Hearing. A comprehensive formal review of the facts and circumstances surrounding a grievance.

Hourly rate. The amount of individual compensation for full hour’s service, as set forth in the classification system basic salary schedule.

Job evaluation. A comprehensive review of the duties and responsibilities of a position and the qualifications required to perform the job.

Layoff. Termination of service without fault on the part of the employee because of lack of work, lack of funds, or other causes unrelated to the employee’s job performance.

Management employee. Appointed department heads and division chiefs.

Month. A calendar month.

Monthly salary. The amount of individual cash compensation for a full month of service in the range and step established by the board.

On call. Waiting at a specified location in anticipation of a call to duty.

Pay plan. Ordering of pay rates of county employees.

Pay range. A consecutive ordering of pay rates assigned to a given class of positions.

Payroll upgrading. Additional hourly reimbursement for a county employee who temporarily performs the duties and assumes the responsibilities of a position graded higher than the one the employee currently holds.

Performance evaluation. An assessment of the quality of an employee’s work.

Position. A specific office, employment or job calling for the performance of certain duties and the carrying of certain responsibilities.

Preference. An ordering of employees for the purpose of determining which will be considered first in filling a vacant position.

Probationary employee. A classified county employee who has not yet completed the trial phase of employment.

Promotion. Movement by an employee from one class to another having a higher maximum rate of pay.

Provisional appointment. An appointment made in the absence of completion of required testing.

Range. A sequence of salary steps used to identify the minimum, maximum, and intermediate salary rates which may be paid to employees within a class.

Reclassification. Changes in duties, responsibilities, qualifications, or class of a position as a result of job evaluation.

Resignation. Voluntary termination, prior to retirement, of service to the county by an employee.

Retirement. Status of an eligible county employee who is no longer on active duty and who is drawing an annuity.

Retirement date. The date on which an eligible county employee retires.

Step. One of the salary rates identified in the classification system basic salary schedule which is a specific compensation rate of an employee within the established salary range for his class.

Supervisor. Any county employee exercising direction or control over or in charge of other county employees in the performance of their duties.

Suspension. Disciplinary action placing a county employee in a non-pay status for a specified period of time.

Termination. The resignation, retirement, dismissal or death of an employee.

Tests. A formal method by which an applicant’s qualifications for employment are assessed.

Transfer. Movement of an employee from one position to another within the same class but to another department, or the change of an employee from one position to a position in another class with the same pay range.

Unauthorized absence. Employee’s absence from duty without proper permission.

Vacancy. A position for which the duties are not assigned to an employee.

Workweek. Regularly scheduled hours for county employees during a one-week period.

Written notification. Information in written form presented to an employee or delivered to the employee’s last known address.

Y-rate. A monthly salary rate for an individual employee which is greater than the established rate for his class. (Ord. No. 424, § 2 (part); Ord. No. 491, (part).)

16-5 Application responsibility and administration.

(a)  Applicability. The provisions of this chapter shall apply alike to all officers and employees of the county, regardless of the time of creation of the office or the appointment of the officer or employee.

(b)  Employment authority. Subject to compliance with (1) this chapter, (2) any procedures adopted by the board, and (3) pertinent federal and state laws and regulations, the head of each department shall have the authority to employ the necessary personnel as authorized by the board.

(c)  Administrative responsibility. The employee relations officer shall be responsible for the administration of this chapter except as otherwise specifically provided herein. He shall direct the enforcement of personnel policies established by the board, and shall specify such administrative procedures, forms, records and reports as he deems necessary for the proper administration of this chapter, including a file for each employee which will be available as provided in section 16-27.

(d)  Delegation of authority. The employee relations officer may redelegate to his subordinates any power, duty, or function which has been delegated to him by the board, unless by board rules or express provisions of law he is required to act personally. Unless otherwise expressly provided, whenever a power is granted or a duty imposed upon an appointing authority, the power may be exercised or the duty performed by a deputy of the appointing authority or by a person authorized by him pursuant to law.

(e)  Recordkeeping. It shall be the mandatory duty of each appointing authority to keep or cause to be kept, accurate records reflecting the application of this chapter and to comply with such requirements for administrative procedures, forms, records and reports as the employee relations officer may specify.

(f)  Cooperation. All officers and employees of the county shall aid in all proper ways in carrying into effect the rules herein or hereafter adopted.

(g)  Nondiscrimination in employment. In connection with the enforcement of this chapter and employment in the county service generally, there shall be no discrimination against any employee or applicant for employment because of race, creed, color, religion, national origin, sex, age (over forty), medical condition (cancer-related), ancestry, marital status, mental condition, or physical handicap unless sex, age (over forty), medical condition (cancer-related), mental condition or physical handicaps are valid job-related requirements. The employee relations officer, all elected officials and all department heads shall ensure that successful applicants are employed, and are treated with equal dignity during employment. This policy shall apply to employment, promotion, demotion, transfer, recruitment, advertising, layoff, termination, selection and training.

(h)  Federal or state law. This chapter shall at all times be construed in a manner consistent with the provisions of any pertinent federal or state law and regulations, including, but not limited to, the Civil Rights Act of 1964, as amended, and the regulations promulgated thereunder.

(i)  Deleted.

(j)  Prohibition of employment of members of the same family in the same department or office. The appointing authority for each department may prohibit the employment of any person who is the spouse, mother, father, brother, sister, son, daughter, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law or daughter-in-law of another employee within the department’s jurisdiction where such employment would create an adverse impact on supervision, safety, security or morale, or involves potential conflicts of interest. If co-employees marry, the department shall make reasonable efforts to reassign job duties so as to minimize problems of supervision, safety, security or morale.

Any employee who is or has become a relative of another employee within the department’s jurisdiction, and the relationship is of the type listed in the foregoing paragraph, must disclose said relationship in writing to the appointing authority. Failure to make such disclosure shall be grounds for disciplinary action.

Exceptions to this section may be approved by the board of supervisors for reasons of business necessity or good cause.

(k)  Prohibition of appointment to inappropriate class. No person shall be appointed to a position if such person fails to meet the minimum qualifications therefor except as otherwise provided herein.

(l)  Political activities. All appointed officers and employees are subject to the provisions of Sections 3201 – 3206 of the Government Code relating to political activities. Officers and employees whose principal employment is connected with an activity which is financed in whole or in part by loans or grants made by the United States or Federal Agency are subject to the provisions of Sections 1501 – 1508, title 5, United States Code. Employees of the county are further prohibited from using county work time, their own or that of other employees, county owned and controlled property; and/or a county uniform for political activities.

(m)  Meal allowance. No meals will be paid employees within the boundaries of the county without prior approval of the board of supervisors.

(n)  Travel authorization and reimbursement. Members of the board of supervisors are hereby authorized to travel within the state as necessary in the performance of their duties and to serve as consultants on county business and to inform themselves with regard to the performance of their duties.

(1)  Except as otherwise provided by law, the board may, by order, establish per diem and travel by employees on county business.

(2)  The board may approve reimbursement for actual and necessary meal expenses for persons not in county employment who serve on employee selection panels. Persons traveling from outside the county who serve on such panels shall be eligible for the same reimbursement as that provided for officers and employees in subdivision (1) of this subsection. (Ord. No. 424, § 2 (part); Ord. No. 491, (part); Ord. No. 578.)

16-6 Recruitment.

(a)  General. The employee relations officer may establish recruiting procedures and techniques which, within practical limitations of budget and time, will secure qualified individuals to apply for employment in the county service. All such recruiting procedures and techniques shall be in conformity with all applicable county provisions and all pertinent federal and state laws and regulations.

(b)  Announcements. The employee relations officer may direct the preparation of announcements for employment selection procedures. Each announcement shall state the duties and salary range of the class; the method of evaluating the education, experience and personal qualifications of the competitors; the place and date to file applications; the date of selection procedures; and such additional information as may be appropriate, including but not limited to a statement that the county is an equal opportunity employer as defined in section 16-5.

(c)  Area of recruitment. The appointing authority shall determine whether the area of recruitment shall be within the department, within the county service, within the Colusa County area, or within such area beyond Colusa County as he deems proper.

(d)  Applications. All applications must be in writing, signed by the applicant, and filed in the office of the appropriate appointing authority within the time and in the manner specified in the announcement. The time for filing applications may be extended by the appointing authority as the needs of the service requires. Applications will not be returned to the applicants. The names of applicants shall not be made public. All applications will be filed with the office of the employee relations officer and retained for one year. (Ord. No. 424, § 2 (part); Ord. No. 491, (part).)

16-7 Special requirement for licensing and certification.

(a)  Required licenses and certificates. Employees whose duties involve driving a motor vehicle may be required to obtain a chauffeur’s license or certification as an operator of emergency vehicles from the State Department of Motor Vehicles. Employees operating radio transmitters are required to be certified as operators by the county as a licensee of the Federal Communications Commission. Employees who must have professional certification from the state or county, or any other certifying agency as a job requirement, will make their own arrangements to be certified and to provide proof of certification.

(b)  Licensing responsibilities. Employees are responsible for meeting the requirements and for paying any fees involved in obtaining necessary licenses, certificates, permits, and registrations. However, where such licenses, certificates, permits, and registrations are required in order for the employee to maintain his/her current position, reimbursement may be sought from his/her employer upon proof of successful completion of tests or other requirements. Department heads are responsible for informing their employees that their duties require them to obtain such licenses, etc., and for seeing that their employees obtain the licenses. Department heads should make available relevant information regarding applications, fees, and qualifications for licenses required by positions within the department.

(c)  College degree requirement. When a college degree is a requirement for the position for which the applicant is applying, an official transcript of the applicant’s college record must be furnished, unless waived by the board upon the recommendation of the appointing authority. (Ord. No. 424, § 2 (part); Ord. No. 491, (part).)

16-8 Medical examinations and fingerprinting.

(a)  Medical examination. Every person employed by the county shall undergo a physical examination as a condition of permanent employment to be accomplished prior to such employment.

(b)  Selection of physician. The county health officer or such other physician as provided by the board at county expense shall cause a physical examination to be given. The board, with the aid and advice of the county health officer, shall determine the extent of the physical examination and laboratory tests, if any, that shall be given to prospective employees. The physician who conducts the examination and tests shall inform the county employee relations officer of the results thereof within two weeks of the date of the examination.

(c)  Fingerprinting. Every person employed by the county shall undergo fingerprinting as a condition of permanent employment to be accomplished prior to or immediately after such employment.

(d)  Fingerprinting by sheriff. The sheriff shall cause three sets of fingerprints to be taken. The sheriff shall file one set and forward one set each to the Federal Bureau of Investigation and the Bureau of Criminal Identification of the State for the purpose of obtaining such Bureau’s records. When the sheriff receives such a record or narrative report, he shall notify the employee relations officer of its contents so far as permitted by law.

(e)  Auditor to supply forms. The county auditor shall provide the prospective employee with the proper forms to obtain signatures of the sheriff and the physician to verify fingerprinting and physical condition. After obtaining the proper verification, such forms shall be returned to the department head for signature and forwarded to the county auditor. Compensation shall not be paid for more than two months following date of employment unless such verification has been filed with the county auditor.

(f)  Recommendation by employee relations officer. The employee relations officer shall submit a recommendation to the board for dismissal or refusal of employment in the case of employees determined to be unfit for county employment as indicated by the results of the physical examination or fingerprinting.

(g)  Additional medical examinations. Additional medical examinations shall be required for:

(1)  An extension of the deadline for retirement.

(2)  Prior to the return of an employee who has been absent for more than six months.

(3)  Any purpose deemed necessary by the department head or the employee relations officer.

(h)  Conditional medical examination. A complete medical examination may also be required for the following actions:

(1)  Prior to any employee being transferred from one division or department to another.

(2)  Prior to a promotion.

(3)  When requested by a department head who has reason to believe the employee is not physically or mentally capable of performing the duties of the position.

(4)  In the event of any injury, illness or surgical treatment of an employee.

(5)  Before an employee, who has been on leave with or without pay for more than three working days, returns to work.

(6)  Before an employee leaves the employment of the county for any reason.

(7)  Any purpose deemed necessary by the department head or the employee relations officer.

(i)  Appearance for medical examination. No employee may refuse to complete a medical examination. No request for an employee to appear for a medical examination is cause for a grievance. Permanent employees who are in a pay status at the time of the examination will be paid at their regular rate for the time spent being examined and for a reasonable amount of travel time to and from the place of examination.

(j)  Scheduling medical examinations. All requests for medical examinations must be forwarded to the employee relations officer, who will normally make arrangements for the direct referral of employees for medical examinations.

(k)  Physical limitations on duty status. Should a medical examination reveal that the employee is not able to perform the duties of the position, the employee will be placed on either sick leave or vacation leave. When vacation leave and sick leave have been exhausted, the employee will be placed on layoff status or on leave without pay except as prohibited by applicable state laws and regulations.

(l)  Disability retirement. The county is presently a participant in the PERS program and subject to pertinent provisions of state law and regulations respecting disability. It is the express intention of the county to grant disability retirement in accordance with PERS guidelines and pertinent provisions of state law and regulations. (Ord. No. 424, § 2 (part); Ord. No. 491, (part); Ord. No. 504; Ord. No. 506.)

16-9 Selection procedures.

(a)  Posting of current openings.

(1)  Permanent positions. The employee relations officer shall, as a minimum requirement, provide for prior written notification to the general public that public employment is being offered. The notice of employment shall be published in a newspaper of general circulation within the county of Colusa for a minimum of five days, the last day of which shall be at least three days prior to the date on which written applications for employment must be received. This requirement shall apply to permanent positions and temporary or extra-help positions described in subparagraph (2)(A) below.

(2)  Temporary or extra-help positions.

(A)  Temporary or extra-help employment with the possibility of permanent employment at a later date. In the event that selection procedures are followed prior to the date of hire for a temporary or extra-help position where permanent employment may be a possibility, written notice shall be given to such employee within five days of the date of hire and also provide that: “The successful applicant for this temporary position may be offered permanent employment without further notice or selection procedures. However no permanent employment is offered at this time.”

(B)  Emergency temporary or extra-help employment. In the case of temporary or extra-help employment no prior written published notice is required. The following written notice shall be given to such employee within five days of the date of hire: “Permanent employment may be offered only after submission to selection procedures for permanent employment as provided herein. No permanent employment is offered at this time.”

The employee relations officer shall compile a list of unsuccessful, but qualified, applicants for any position, which the appointing authority may use to fill permanent or temporary positions which become vacant within one year of the date the application for employment was initially received by the county.

(b)  Scheduling selection procedures. The employee relations officer may schedule selection procedures as the current and anticipated needs of the service require with due consideration to current departmental workload. Scheduled selection procedures may be postponed or cancelled or the closing date extended by the employee relations officer by notifying all persons affected and posting public notice.

(c)  Type. Selection procedures shall be competitive and of such character as fairly to test and determine the qualifications, fitness, and ability of competitors actually to perform the basic skills required to adequately function as a county employee in the class of positions for which they seek appointment.

(d)  Primary factors for consideration. The primary factors for consideration in filling any position are: experience, education, training, skills, and other abilities relating to the position to be filled. Those applicants who are most appropriately qualified will be referred to the appointing authority.

(e)  Minimum qualifications, certificates, documentary evidence. The employee relations officer may establish minimum qualifications for determining the fitness and qualifications of applicants for each class of position and for temporary appointments. For such purposes, the employee relations officer may require such certificates of citizens, physicians, public officers, or others having knowledge of the applicant as the good of the service may require. Such minimum qualifications shall be reasonably related to successful job performance in the class in which an applicant seeks employment. The employee relations officer may require necessary documentary evidence of citizenship, honorable discharge from the armed forces of the United States, possession of valid licenses for various purposes, or other evidence of identification, fitness and qualifications.

(f)  Causes of disqualification. The employee relations officer may make inquiry into the past record of competitors and shall disqualify any whose record or reputation in the judgment of the employee relations officer warrant such action. The employee relations officer may refuse to examine or, after selection procedures, may refuse to declare as an eligible or may withhold or withdraw from certification prior to appointment, anyone who comes under any of the following categories:

(1)  Lacks any of the minimum qualifications established for the examination or position for which he or she applied.

(2)  Is physically or mentally so disabled as to be rendered unfit to perform the duties of the position to which he seeks appointment.

(3)  Illegally uses narcotics or habit forming drugs.

(4)  Excessively uses intoxicating beverages.

(5)  Has been convicted of a felony, or convicted of a misconduct involving moral turpitude.

(6)  Has been guilty of infamous or notoriously disgraceful conduct.

(7)  Has been dismissed from any position for any cause which would be a cause for dismissal from the county service.

(8)  Has resigned from any position not in good standing or in order to avoid dismissal.

(9)  Has intentionally attempted to practice any deception or fraud in his or her application, in the selection procedure, or in securing eligibility.

(10)  Has failed to reply within a reasonable time, as specified by the board, to communications concerning his or her availability for employment.

(11)  Has made himself or herself unavailable for employment by requesting that his or her name be withheld from certification.

(12)  Is, in accordance with board rules, found to be unsuited or not qualified for employment.

(13)  Failure to appear for a medical examination.

(14)  Refusal to be fingerprinted.

(g)  Inability to appear for written test or for fingerprinting. In the event an applicant is unable to appear at the designated time and place for a written test or for fingerprinting, he or she must forego the competition on that selection procedure unless he or she submits in writing one of the following reasons for inability to appear:

(1)  The applicant is a member of a religious group which observes the examination day as a sabbath or as a holiday.

(2)  Because of illness, confirmed by a doctor’s certificate.

(3)  Through an oversight on the part of the employee relations officer or the sheriff the applicant was given no notice or insufficient notice to appear.

(4)  The applicant is a student at an institution of higher learning and he is involved in final examinations at the time in question.

(5)  The applicant is a county employee who is required on an emergency assignment at the time of examination.

(6)  The applicant is a member of an active reserve unit who will be on active duty on the test date. In the event of such excusable inability to appear, the employee relations officer may grant an extension of time in which to take such a written test provided that such extension shall not exceed fifteen working days.

(h)  Late arrivals to written test. The proctor of a written test is authorized to decide whether applicants who arrive late may be admitted to the written test.

(i)  Waiver of selection procedures. When a selection procedure(s) has been publicly announced and the number of applicants meeting the minimum qualifications for the position is three or less, the employee relations officer may, at his discretion:

(1)  Waive the competition entirely.

(2)  Revise the conditions of competition to a more practical basis under the circumstances.

(j)  Authorization to take selection procedures. Each applicant will be given written notice of authorization to take selection procedures.

(k)  Written tests. The employee relations officer may approve all written test questions in advance.

(l)  Explanation. All necessary explanations will be made to the whole group taking the written test and no questions will be explained to any individual competitor.

(m)  Right to challenge test questions. An applicant who finds an ambiguous or doubtful question or item in a written test must call it to the attention of the proctor either during or immediately after the written test. The proctor will then record the nature of the doubt and notify the employee relations officer. The employee relations officer will establish from competent authority that the item is proper or eliminate the item if it proves to be improper.

(n)  Prohibited act. Communications between competitors during a written test is strictly forbidden and competitors are forbidden to receive aid from one another or to use help in any form. Before the commencement of a written test, competitors will be required to hand to the proctor any printed or written test. Evidence of copying or collusion may result in the cancellation of the applicant’s written test papers and the debarment of the competitor from future selection procedures. Copies of the questions in the written test may not be made or taken from the test room.

(o)  Identification of candidates. Written tests shall be so conducted that no test paper will disclose the name or identity of the applicant until the test papers of all competitors have been scored and the passing point established.

(p)  Selection for position – welfare department. With the exception of the deputy director of the Department of Health and Human Services, the merit system of the state of California will apply to selection procedures for employees in the welfare department.

(q)  Proficiency tests. Whenever necessary, selection procedures shall include tests for proficiency in the use of skills appropriate to the class of position for which the procedure was given. The appointing authority may waive a proficiency test in cases when an applicant for employment, or a former employee, has attained a passing grade in such test within one year of the date of selection process for the class of position for which the applicant or former employee has applied.

(r)  Notification of result. Each competitor shall be notified by mail of the result of his or her selection procedure, and, if successful, of his or her final grade.

(s)  Right to review of written test. Any competitor may, within five days from the date when notice of the result of the written test was mailed, review his or her answer sheet to such test and shall have the right to compare his or her answer sheet with a “key” answer sheet to confirm the fact that the competitor received full credit for correct answers. Inspection of standard or copyrighted tests or test preduplicated as “form” tests or “semiform” tests is prohibited by the State Personnel Board and inspection of such tests is not allowed.

(t)  Selection procedure limitation. A competitor who fails a written test will not be allowed to take a second test if the second selection procedure is scheduled less than sixty days from the date of the previous written test. (Ord. No. 424, § 2 (part); Ord. No. 491, (part); Ord. No. 632, (part).)

16-10 Rating.

(a)  Rating of written test. All written test papers may be marked and graded under the direction of the employee relations officer and in accordance with the selection procedure announcement. Unless otherwise stated in the announcement, competitors shall be required to attain a score of not less than seventy percent. In no case shall the minimum passing score on a written examination be less than sixty percent of the total possible score.

(b)  Rating by interview. In any selection procedure, the education, experience, and personal qualifications may be rated by interview. The interview and rating shall be conducted by the appointing authority.

(c)  Use of whole numbers. In the marking of written test papers and in computing scores for each competitor, all figures shall be rounded to the nearest whole number.

(d)  Rating by oral appraisal boards.

(1)  Selection procedure for the purpose of appraising the fitness of applicants for any position may include or be limited to an oral interview as hereinafter provided. When such an interview is required, all applications will be evaluated by an appropriate screening panel consisting of three persons qualified by education or experience to evaluate the qualifications of the applicants for the particular position. Those applicants who appear best qualified will be invited for an oral interview before an oral appraisal board appointed as herein provided. The oral appraisal board will evaluate each applicant’s experience, education, and personal fitness for the position. The names of no more than five applicants who have passed highest in accordance with the procedures herein provided will be submitted to the appointing authority who will make the appointment.

(2)  Oral appraisal boards shall be appointed by the appointing authority.

(3)  Interviewers shall mark on forms provided the degree to which, in their judgment, each candidate possesses the desired qualifications. The interviewer’s marks shall be numerical percentage with seventy percent as the minimum passing rating. The ratings of the several members of the oral appraisal board shall be arithmetically averaged to determine each competitor’s final ratings, except that if the average rating is below seventy percent but there is not a majority of the board who assign ratings below seventy percent, the competitor shall be given a rating of seventy percent, and except that, if a majority of the members assign a rating below seventy percent, the competitor shall be eliminated regardless of the fact that his average rating may be seventy percent or more.

(4)  Each member of an oral appraisal board shall place the reason that he or she rated any candidate below seventy percent in writing in the space provided on the rating sheet.

(5)  Persons holding elective office in the county and persons related to applicant, as defined in section 16-5(i), are disqualified from serving on an oral appraisal board. (Ord. No. 424, § 2 (part); Ord. No. 491, (part).)

16-11 Categories of employment.

(a)  Regular employee. An employee in the classified service who occupies a permanent position, whether part-time or full-time, in a class which is intended for permanent or career-type employment, and the exempt deputy or assistant of an elected official; also, an employee who enjoys regular status.

(b)  Permanent employee. A permanent non-probationary employee is one who has satisfactorily completed the probationary period. Employees in this category may be full-time or part-time.

(c)  Part-time employee. A regular employee who is regularly assigned to work less than a normal full-time schedule for the department for which he or she is employed.

(d)  Probationary employee. An employee who has been appointed by the appointing authority or has been reemployed after resignation, or has been transferred, promoted, or demoted, but who has not completed the probationary period provided in this chapter.

(1)  Probationary period. All appointments to the classified service shall be tentative and subject to a probationary period. The probationary period shall be twelve months for management and newly appointed sworn safety employees, and six months for other classified employees. The department head may extend probation for a maximum of six months. Any such extension of the initial probationary period must be ordered by the department head in writing at least ten days prior to, but not more than thirty days prior to, the expiration of the initial probationary period and notice thereof must be given in writing by the department head to the probationary employee and to the employee relations officer no less than ten days before the expiration of the initial probationary period. The written notice of such extension of the probationary period shall specify the date to which the probationary period has been extended but need not specify any reason or cause for such extension. The initial period of probation may be extended one time only and the employment of the probationary employee may be terminated at any time during the period of such extension by the giving of written notice to the employee during the extended probationary period that his employment will be terminated during such period and specifying the effective date thereof within the extended probationary period. Such notice of termination need not set forth the cause for termination and the termination shall be effective on the date specified. An employee in probationary status is not entitled to an appeal except for violation of the employee’s constitutional rights. The entitlement to a name-clearing hearing may be held upon the request of the employee for good cause as determined by the employee relations officer.

(2)  Transfer for probationary employee. A probationary employee who accepts a transfer or promotion to a new position must complete a full probationary period in the new position. The employee’s anniversary date will be adjusted.

(3)  Action on probationary status. The appointing authority is responsible for taking action on the status of probationary employees by: (A) approving permanent status; or (B) extending the probationary period; or (C) recommending separation from county service. A change from probationary to nonprobationary status shall require positive action from the department head and failure to take positive action at the end of the probation period shall constitute termination of the probationary employee.

(e)  Temporary. Any employee who is employed for a period of short duration (1) for work of a seasonal, whether full or part-time or emergency nature, or (2) to fill a vacancy in a regular authorized position. All temporary employment shall be limited to six months unless the employee relations officer approves an extension in writing.

(f)  Limited term employee. An employee who is employed to perform a specific mission in a given period of time pursuant to a special program adopted by the board of supervisors. Whenever funds are no longer available, these employees will be terminated from county service. Limited term employees have no rights to layoff procedures.

(g)  Contractual services/professional services. A contractual or professional services person is one who contracts with the county to perform a certain task for a set fee. Such a person is not a county employee. He or she is subject to none of the provisions of these regulations nor is he or she entitled to any of the employee benefits. (Ord. No. 424, § 2 (part); Ord. No. 491, (part).)

16-12 Certification and appointment.

(a)  Department heads. The employee relations officer, upon instructions from the board of supervisors, will receive applications, check qualifications, and otherwise assist the board in the employment of a department head.

(b)  Status of appointed department heads; deputy county counsel; and deputy director of the Department of Health and Human Services. The agricultural commissioner, county counsel and sealer of weights and measures shall serve for the terms of office provided by law. The welfare director and the probation officer shall serve and be terminated as provided by law. All other appointed department heads shall serve at the pleasure of the board. All deputy county counsel shall serve at the will and pleasure of the county counsel. The deputy director of the Department of Health and Human Services shall serve at the will and pleasure of the welfare director. Any appointed department head, deputy county counsel or deputy director of the Department of Health and Human Services terminated shall receive a minimum of two weeks notice prior to termination. (Ord. No. 424, § 2 (part); Ord. No. 491, (part); Ord. No. 625, (part); Ord. No. 632, (part).)

16-13 Classified service.

(a)  Classification plan. All positions created or established by the board shall be classified and given appropriate titles. The classification plan shall set forth:

(1)  A class title for each class.

(2)  The salary range or rate for each class.

(3)  The salary for each of the steps within a particular salary range.

(4)  The hourly equivalent for each salary step.

(b)  Other compensation/working conditions. With respect to other compensation such as benefits and working conditions, there shall be established by resolution or memorandum of understanding, a set of rules and procedures governing those programs adopted by the board.

(c)  Allocation of position to appropriate classes. Every position in the county service shall be allocated to the appropriate class in the classification plan. The allocation of a position to a class shall derive from and be determined by the ascertainment of the duties and responsibilities of the position and shall be based on the principle that all positions shall be included in the same class, if:

(1)  They are sufficiently similar in respect to duties and responsibilities that the same descriptive title may be used.

(2)  They demand substantially the same requirements as to education, experience, knowledge and ability of incumbents.

(3)  Substantially the same tests of fitness may be used in choosing qualified persons.

(4)  The same schedule of compensation can be made to apply with equity.

(d)  Classification studies. Position studies. The employee relations officer shall make classification studies of proposed additional or presently authorized positions in the classified service:

(1)  When authorization for a new position is indicated,

(2)  When directed to do so by the board,

(3)  When the employee relations officer identifies the need for a review of an existing position or group of positions in department or group of departments. In all such cases, the employee relations officer may, at any time, secure from the department head or employee involved new statements of the duties and responsibilities of the position or positions under consideration, or

(4)  Each appointing authority shall promptly report to the employee relations officer the need for new positions and shall report material changes in the duties of any position, including the date when such changes occurred, in order that new positions and positions whose duties have been materially changed may be classified and allocated.

(e)  Adding, dividing, or otherwise changing classes – Reallocation of positions – Status of employees affected. From time to time as it deems necessary or as a result of meeting and conferring, the board may establish additional classes and divide, combine, alter, or abolish existing classes. When such actions are taken, the board shall determine in each instance whether positions affected are to be reallocated to another class or classes after taking into account the duties and responsibilities, qualifications, performance standards, and other related criteria before and after the change and shall determine the status of the probationary and regular employees affected.

(f)  Hearing on allocation or reallocation of position. Reasonable opportunity to be heard shall be provided by the board to any employee affected by the allocation or reallocation of his or her position.

(g)  Use of class titles. The title of the class to which any position is allocated shall be used in all official personnel records and in all official personnel transactions of the county.

(h)  Improper classification. Any department head who considers a position improperly classified may request the employee relations officer to undertake a job evaluation.

(i)  Job evaluation. The employee relations officer may conduct job evaluations under the following circumstances:

(1)  As part of a study of all positions in an organizational unit.

(2)  As part of a study of all positions in a given occupation.

(3)  Upon request from a department head.

(4)  Upon request for a new position, which will be reevaluated within one year from the date the new position is filled.

(5)  Any position at the discretion of the employee relations officer.

(6)  Upon request resulting from meeting and conferring.

(j)  Annual budget to include classification plan. The annual budget adopted by the board of supervisors shall include the classification plan adopted by the board.

(k)  New positions. A request for the creation of a new position should be accomplished in the following order:

(1)  The department head shall submit a job description to the employee relations officer.

(2)  The employee relations officer shall evaluate the functions of the new position and classify it.

(3)  The department head may request that a position be created presently or in conjunction with departmental budget proposals.

(4)  Persons who are appointed to a newly created positions agree, as a condition of appointment, to accept any change in grade and responsibilities resulting from job re-evaluation that will be made within one year from the date the position was filled. At the end of this period, the employee will be placed at the entry, nonprobationary rate of pay indicated by the job re-evaluation.

(l)  Amendment of classification plan. Whenever one or more new positions are under consideration for possible establishment or whenever, because of any revision in organization or methods, a significant change of duties or responsibilities of any existing position is to be made which may require the reallocation of such position, or whenever a new class is created to which any position may more appropriately be allocated, or whenever, because of the abolishment or combination of any existing positions or classes, an amendment to the classification plan is required, one or a combination of the procedures stipulated in subdivisions (1) and (2) of this subsection shall be observed.

(1)  The department head shall forthwith report the significant facts relating to such possible changes in writing to the employee relations officer.

(2)  The employee relations officer, upon his own initiative, or upon written request of a department head, may initiate an inquiry of the classification of any position. On the basis of such investigation, the employee relations officer shall then recommend such changes as he deems appropriate to the board. The board may take action to modify the classification plan in accordance with the provisions of this section. (Ord. No. 424, § 2 (part); Ord. No. 491, (part).)

16-14 Conditions of employment.

(a)  Repealed by Ordinance No. 639.

(b)  Hours of work. All county employment is based on a thirty-seven-and-one-half-hour week except the following:

(1)  Sheriff’s department employees, except clerical personnel, shall work forty hours per week.

(2)  Road department employees, except clerical personnel, shall work forty hours per week.

(c)  Rest periods. Each employee shall be entitled to take one fifteen-minute rest period within each four hours of work performed by such employee in a work day. If not taken, such rest period is waived by such employee.

(d)  Continuous monthly service. Service commencing on the first working day of a month and continuing for all working days of that month shall be deemed service for the entire month. Service terminating on the last working day of the month but including all prior working days of the month shall be deemed service for the entire month. Service for a portion of a month shall be paid that fraction of the monthly salary equal to the ratio of days worked to the total working days in the month.

(e)  Overtime. The following provisions relate to overtime work:

(1)  Employees may be required to work overtime beyond the established work week if, in the judgment of the department head, overtime is necessary to meet emergencies or required to complete an assignment.

(2)  Hours worked in excess of thirty-seven and one-half hours and not to exceed forty hours per week shall be compensated in equivalent time off at the straight time rate.

(3)  Hours worked in excess of forty hours per week shall be compensated either in equivalent time off at the rate of one and one-half times the regular rate or paid at the rate of one and one-half times the regular rate of pay at which the employees are employed.

(4)  The maximum amount of equivalent time off for overtime permitted in any one calendar year shall be ten working days unless otherwise ordered by the board.

(5)  Cash compensation for overtime must be authorized by the board prior to overtime work or, if impractical to obtain prior authorization, within thirty days after the overtime work has been completed.

(6)  The county auditor shall not pay cash compensation for overtime until such approval has been obtained.

(7)  All overtime computed pursuant to this section shall be rounded off to the nearest quarter hour.

(8)  No employee may be required to work more than sixteen consecutive hours except as may be necessary for the preservation of life or property.

(9)  Travel time may be allowed as overtime subject to prior approval of the board.

(10)  Board authorization is not required for peace officers directed to work overtime by the sheriff. Peace officers shall be compensated for overtime work at one and one-half times their regular hourly rate of pay or by equivalent time off.

(11)  Compensatory time accumulated in any one calendar year may be taken prior to December 31st of that year or may, at the election of the employee, be paid for all unused compensatory time remaining after December 31st of the preceding calendar year in accordance with normal payroll procedures in the month of December or January and at earned rates of compensation in effect at the time the compensatory time was earned.

(11A)  Notwithstanding the provisions set forth in subsection (11) of this section, those county employees, who have accumulated any compensatory time up through the end of any fiscal year, may continue to accumulate said compensatory time. Any county employee who does not wish to continue to accumulate compensatory time as provided herein must submit a signed written request for payment to the auditor’s office on or before December 31st of the calendar year in which payment is requested. This section is not intended to conflict with the provisions of the Fair Labor Standards Act.

(12)  Upon separation from county employment, employees shall be entitled to payment for accumulated compensatory time.

(13)  Overtime shall not be allowed to appointive department heads.

(f)  Differential shift pay. Any county employee who performs the majority of their regular shift duty between the hours of four p.m. and eight a.m. (including but not limited to peace officers at the sheriff’s department, road department’s equipment service workers, custodians, and library staff) shall be entitled to receive such additional compensation per month for the time employed for night employment as set by the board. (Ord. No. 424, § 2 (part); Ord. No. 491, (part); Ord. No. 496; Ord. No. 507; Ord. No. 523; Ord. No. 639 (part).)

16-15 Prohibited activities.

(a)  General policy. No employee of the county shall engage in any employment, activity or enterprise for compensation which is inconsistent, incompatible, in conflict with or inimical to his or her duties as county officer or employee or with the duties, functions, or responsibilities of the appointing authority.

(b)  Prohibitions. No employee of the county shall:

(1)  Represent or counsel for compensation any individual, group of individuals or private or public organization, in legal or administrative actions against the county;

(2)  Use for private gain or advantage, county time, facilities, equipment or supplies or his or her badge, uniform, prestige or influence as a county officer or employee;

(3)  Receive or accept compensation or other consideration from an individual, group of individuals or private or public organization other than the county for the performance of an act which the officer or employee would render during regular work hours as part of such officer’s or employee’s assigned or prescribed duties;

(4)  Be involved in employment outside of his or her duties with the county which would render performance of his or her duties with county less efficient;

(5)  Accept any reward, favor, or other form of remuneration for the performance or nonperformance of his or her duties or anticipation of such performance or nonperformance of his or her duties from any vendor, contractor, individual or organization doing business with the county or those who reasonably anticipate doing business with the county in the future;

(6) Acquire a financial interest in any new or existing business venture or business property at a time when he or she believes, or has reason to believe that it will be directly affected by his official duties.

(c)  Disciplinary action. An employee who receives compensation or other consideration for an act prohibited by this section shall be subject to the disciplinary actions and have the appeal rights as outlined under section 16-25 of this chapter. (Ord. No. 424, § 2 (part); Ord. No. 491, (part).)

16-16 Benefits.

(a)  Leave with pay. Leave with pay may be granted for the following reasons: vacation, sickness, injury, emergency, county business, court service, voting, annual military service, and education.

(b)  Vacation leave – Accumulation.

(1)  After six months of continuous service, five working days.

(2)  Next six months of continuous service, five-sixths working days per month.

(3)  Next nine years of continuous service, one and one-fourth working days per month.

(4)  After ten years of continuous service, one and one-half working days per month.

(5)  After fifteen years of continuous service, one and three-quarters working days per month.

(6)  Unused vacation may be accumulated to a total of not more than thirty-five days. If excess days are earned while on Worker’s Compensation and cannot be taken, they will continue to be accumulated in excess of the maximum.

(7)  Legal holidays occurring during vacation leave shall not be charged as vacation leave but as a holiday.

(8)  Part-time permanent employees shall receive vacation leave on a basis prorated to a full-time work week.

(9)  Employees shall take their vacation leave in the year in which earned; provided, that, with the department head’s approval, an employee may take less vacation leave in the year in which it was earned and take a correspondingly longer vacation in the following year.

(10)  After at least one full year of service a person about to resign or about to retire under provisions of the State Employee’s Retirement System, or who is to be laid off without fault on his part, and who has earned a vacation leave, must take such vacation leave prior to the effective day of resignation, retirement, or layoff; or, at the discretion of the department head, in lieu of taking such vacation leave the employee may be granted a lump sum payment for the accrued vacation leave. No vacation leave shall accrue while on terminal leave.

(11)  In the case of discharge, or death, of an employee who has not prior thereto taken his annual vacation leave, such employee or his estate shall thereupon be paid the monetary value of the earned vacation as in this section provided.

(12)  Elected county officers under bond shall not themselves be subject to the limitations of this section.

(c)  Sick leave.

(1)  Each permanent employee shall be allowed twelve days of sick leave in each calendar year or one day of sick leave with pay for each calendar month of service. Sick leave accrual shall commence on date of hire and shall be unlimited. For purposes of computing sick leave, each employee shall be considered to work not more than five days each week. A maximum of twenty working days sick leave may be granted for uncomplicated pregnancy, to be deducted from the employee’s accumulated sick leave.

(2)  After one year of continuous service, an employee who resigns, retires, is terminated or is laid off because of a reduction in force shall be paid ten percent cash compensation of the gross dollar value of the sick leave days accrued up through eighty-nine days of allowed sick leave. After eighty-nine days of accrued sick leave an employee who resigns, retires, is terminated or is laid off because of a reduction in force shall be paid twenty-five percent cash compensation of the gross dollar value of the sick leave days accrued.

(3)  Permanent part-time employees are eligible to receive sick leave prorated to a full-time work week.

(4)  A county employee who is entitled to temporary disability indemnity under the labor code may elect to take as much of his accumulated vacation leave after his accumulated sick leave becomes exhausted, which when added to his disability indemnity, will result in a payment to him of his full salary or wage. Under the terms of this paragraph, the department head and auditor will apply in each week only that portion of the sick leave or vacation time that is necessary that when added to the disability indemnity will equal the full pay rate.

(5)  When an employee is absent from work for three or more days, and such absence is chargeable to sick leave, the employee may be required by a department head to furnish a doctor’s statement certifying that the absence from work was due to illness or legal quarantine. When an employee is absent from work for less than three days due to illness, the employee may be required by the department head to provide the same type of certification. The employee claiming sick leave shall cooperate with the person designated by the department head to make investigations concerning claimed sick leave. Any employee claiming sick leave who makes a false claim, refuses to be examined by a doctor selected by the county, fails to cooperate in any investigation by the county of his claim for sick leave, or makes a false statement shall not be entitled to any leave with pay for the time in dispute and shall be subject to disciplinary action, including dismissal.

(6)  Sick leave with pay, up to five days can be granted by the department head in case of a death in the immediate family (spouse, children, parents, grandparents, grandchildren, brother or sister) of an employee or spouse. Sick leave with pay up to five days each fiscal year can also be granted in the case of serious illness involving the employee’s immediate family (spouse, children, or parents living in the employee’s home).

(d)  Leave to vote. All employees who are registered electors shall be granted two hours with pay between the opening and closing of the polls to vote on all election days. Time taken off for voting can be used for no other purpose. Employees who abuse this privilege will be subject to disciplinary action.

(e)  Military leave. Military leave with pay will be authorized for permanent employees who are members of the National Guard, Air National Guard or any organized reserve unit of the Armed Forces of the United States, including the Public Health Service, for a period not to exceed thirty calendar days in each calendar year. This leave is in addition to other authorized leave, when an employee is ordered to active duty training with such units. Permanent employees called to active duty in emergencies declared by the Governor or President for short periods will receive military leave with pay not to exceed thirty calendar days. A copy of orders must be attached to all requests for annual and emergency military leave, as soon as the orders are received by the employee within a reasonable time. Part-time permanent employees will receive benefits on a basis prorated to a full-time work week.

(f)  Jury duty – Court appearances.

(1)  Employees who are required to serve on jury duty shall receive full pay but shall remit to the county any compensation except reimbursement for parking, meals, mileage, or lodging which may be received for such service.

(2)  An employee who is required to appear as a witness in a court case which involves county business shall receive full pay but shall remit to the county any witness fees, including fees received as an expert witness except reimbursement for parking, meals, mileage, or lodging which may be received for such service.

(g)  Leave without pay. Permanent employees may be granted leave without pay under certain conditions. The board of supervisors must approve requests for more than five working days. An employee does not accrue sick leave, vacation leave, or any other benefits while on leave without pay. An employee must pay contributory benefits directly when on nonpay status, unless an employee is off work due to work related injury in which case employee contributions for benefits shall be paid by the county. An employee may be initially granted leave without pay for a period not to exceed sixty calendar days. Additional leave may be granted for up to one hundred twenty calendar days upon approval of the department head, which approval is based in part on written certification from a medical doctor that such leave is necessary for medical reasons. Additional leave beyond one hundred twenty days shall be at the discretion of the board of supervisors. If the employee is granted leave without pay and is absent for more than thirty calendar days or one payroll period, his anniversary date shall be modified to reflect the time off work.

(h)  Maternity leave. Maternity leave will be treated the same as any other non-job-related medical disability or illness. During the pregnancy period commencing with the sixth month of pregnancy, the employee must provide monthly physician’s statement regarding her ability to continue working. The employee may continue to work only as long as the employee’s physician will allow. Commencing with the eighth month and at least every two weeks, the employee must provide a statement from a physician indicating the work day recommended for the employee. Vacation or sick leave must commence immediately following the last day worked and continue until both have been totally exhausted or the employee returns to work, whichever occurs first. Maximum allowable leave is up to four months, not including vacation and sick leave.

(i)  Candidate leave. The board of supervisors may grant leave without pay for a maximum of sixty days to an employee who wishes to run for public office.

(j)  Educational leave. Upon the recommendation of the department head the board of supervisors may grant an employee up to nine months of educational leave without pay. The department head shall consider the following criteria in making recommendation to the board to grant educational leave: Whether

(1)  Education or training will increase on-the-job skills.

(2)  Education or training will increase the employee’s qualifications for promotability.

(3)  The employee indicates a desire to make county employment a career.

(4)  The employee has demonstrated high motivation for self-improvement.

(5)  The employee has shown indications of superior work performance in present position.

(6)  The employee has shown evidence of promotional potential indicating the capacity to perform in a more responsible position.

(7)  The employee has shown potential, motivation, and suitability for further educational opportunity.

(k)  Administrative leave. An employee may be placed on leave without pay status during the period which the employee is under administrative or other investigation for alleged misconduct, for thirty days, after which the employee may be maintained on administrative leave with pay. If as a result of such investigation the employee is disciplined, the wages and benefits lost while on leave without pay status may be set off against disciplinary action. If as a result of such investigation the employee is not disciplined, the wages and benefits lost while on leave without pay shall be reinstated. Maintenance of the employee on paid leave without pay shall not prejudice the right of the county to subject the employee to discipline including termination.

(l)  Management leave. An employee in a management position which has been designated as a department head by the board of supervisors shall be entitled to five days administrative leave per calendar year which shall be credited in advance on each January 1st. An employee who is first appointed during a calendar year shall be credited upon appointment with .40 days for each full calendar month remaining in the calendar year. Such leave shall not be accumulated from year to year and shall be lost if not used by the end of a calendar year and upon termination. Management leave must be taken in a minimum of one-half-day increments. (Ord. No. 424, § 2 (part); Ord. No. 491, (part); Ord. No. 505; Ord. No. 519.)

16-17 Promotions.

(a)  Filling vacancies by promotion – Promotional lists. Vacancies in positions shall be filled insofar as possible and consistent with the best interests of the county from among county employees, and appropriate promotional lists shall be established for this purpose.

(b)  Advancement according to merit and ability. The employee relations officer and each officer and department head shall encourage economy and efficiency in and devotion to county service by encouraging promotional advancement of employees showing willingness and ability to perform efficiently the services assigned to them, and every person in county service shall be given the opportunity to advance according to merit and ability.

(c)  Performance evaluations. A system of ratings will be used to evaluate the work performance of county employees in the classified service. Performance evaluations are not subject to the grievance procedure.

(d)  Uses of performance evaluations. Performance ratings will be given consideration in determining questions of increase in compensation, promotions, order of layoff, order of placement on reemployment lists, disciplinary action, and other personnel actions.

(e)  Frequency of performance evaluations. The appointing authority shall evaluate the work performance of an employee annually or more often.

(f)  Denial of merit or step increase. Denial of a merit or step increase based on performance evaluation is not subject to a grievance as defined in section 16-25 of this chapter.

(g)  Selection procedures. Whenever the employee relations officer determines that the needs of county service so require, he may announce and hold promotional selection procedures for purpose of establishing county-wide promotional lists.

(h)  Eligibility. Promotional examinations shall be limited to employees specified in this section.

(i)  Promotional eligibility. An employee in an office or department designated by the employee relations officer as appropriate may participate in a promotional selection procedure regardless of current status, if, with no break in his or her county service by resignation, nondisability retirement or removal for cause, he or she has permanent status of six months of probationary service.

(j)  Qualification. No employee may participate in a promotional selection procedure unless he or she has the minimum education and experience requirements and any license, certificate, or other evidence of fitness as prescribed for the class for which the selection procedure is given.

(k)  Promotional list. In establishing the promotional list following the selection procedure, the names of the persons who have attained a passing mark shall be placed in the order of final earned ratings, except as such order may be modified by the application of this section. The names of employees who separate from county service shall be removed from the promotional list. (Ord. No. 424, § 2 (part); Ord. No. 491, (part).)

16-18 Outside employment.

(a)  Approval required. Each regular full-time employee shall not engage in outside employment during the employee’s assigned working hours or without the approval of his or her department head.

(b)  Requirements for approval. Prior to granting permission to any regular full-time employee to engage in outside employment, the department head shall determine that:

(1)  The duties or services of the proposed outside employment will not create a conflict of interest for the employee while serving in an official capacity with the county;

(2)  There is no conflict between the employee’s official duties with the county and the proposed outside employment;

(3)  The proposed outside employment will not defame, embarrass or reflect discredit upon the county;

(4)  The employee is serving the county satisfactorily and will be able to continue to do so if the employee undertakes outside employment; and

(5)  The employee’s sick leave usage does not in any way reflect or give the appearance of abuse.

(c)  Limits of county responsibility. The limits of county responsibility in the case of injury or occupational disease due to outside employment will be the employee’s accrued sick and vacation leave.

(d)  Disapproval of outside employment. The department head shall disapprove or require outside employment to cease if such employment has a negative impact on the employee’s job performance. A determination that such employment has a negative impact on the employee’s job performance is not subject to a grievance procedure. (Ord. No. 424, § 2 (part); Ord. No. 491, (part).)

16-19 Holidays.

(a)  Holidays. Holidays within the meaning of this chapter are:

(1)  Every Sunday, unless a regular scheduled working day for employees.

(2)  January 1st.

(3)  The third Monday in January known as “Martin Luther King Day.”

(4)  February 12th, known as “Lincoln Day.”

(5)  The third Monday in February known as “Presidents Day.”

(6)  The last Monday in May, known as “Memorial Day.”

(7)  July 4th.

(8)  First Monday in September.

(9)  September 9th, known as “Admission Day.”

(10)  The second Monday in October, known as “Columbus Day.”

(11)  November 11th, known as “Veterans Day.”

(12)  December 25th.

(13)  Every day appointed by the president or governor for a public fast, thanksgiving or holiday.

If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to chapter 12 (commencing with Section 3560) of division 4 of title 1, the memorandum of understanding shall be controlling without further legislative action.

(b)  Holidays falling on Saturday or Sunday or regularly scheduled day off. If any of the holidays listed in subsection (a) of this section fall upon a Saturday, the preceding Friday is a holiday. If any of the foregoing dates falls on a Sunday, the Monday following is a holiday.

(c)  Part-time employees. Any part-time employee who may be required to work on a holiday shall be given compensatory time off at time and one-half for such work when the holiday falls on a regularly scheduled work day. The employee’s work schedule must be on file in the auditor’s office to establish that the holiday falls on a regularly scheduled work day.

(d)  Pay rates.

(1)  Any employee working a regularly scheduled five-day work week who is required to work a holiday shall receive either equivalent time off at the rate of time and one-half or pay at the rate of time and one-half. The employee’s department head shall, at his or her discretion, determine whether the employee receives the equivalent time off or pay.

(2)  If a holiday falls on a Saturday or Sunday and either Saturday or Sunday is part of the employee’s scheduled day of work, the employee is paid his regular rate of pay. If the employee works on the day of observance (either Friday or Monday), the employee receives his holiday rate of pay.

(3)  If a holiday falls on a Saturday or Sunday and either Saturday or Sunday is part of the employee’s scheduled day of work and the employee wishes the day off, he is charged with annual leave.

(4)  If an employee resigns and the last day worked is the day before a holiday, he is not paid for that holiday.

(5)  An employee receives no holiday pay for holidays occurring during leaves of absence without pay.

(e)  Temporary, extra help, limited term, and seasonal employees. Temporary, extra help, limited term, and seasonal employees required to work on a holiday shall receive the regular rate of pay established for the positions. The employee’s work schedule and the period of his or her tour of duty shall be on file in the auditor’s office to establish whether the holiday falls on a regular scheduled work day within the period of the tour of duty of the employee. The employee’s department head shall determine (a) whether compensatory time off can be given to the employee within his or her tour of duty without adversely affecting the performance of work or its completion within the period of the employee’s tour of duty, or (b) whether the employee should receive pay at the rate set forth herein. The decision of the department head shall be final and shall not be subject to a grievance procedure. The department head shall incorporate his findings and decision in the time report required by section 16-21(c)(1). (Ord. No. 424, § 2 (part); Ord. No. 491, (part); Ord. No. 525.)

16-20 Compensation plan.

(a)  Purpose. The purpose of the compensation plan is to enable management to plan for and pay salaries that:

(1)  Will enable the county to compete effectively in the local labor market for high caliber employees;

(2)  Will enable the county to retain employees; and

(3)  Is a reflection of relative job worth and personal merit.

(b)  Pay schedule – Hourly rates. The board shall establish a five-step scheduled pay range and steps. When it is more appropriate, payments shall be established on an hourly or daily basis as follows:

(1)  Hourly rate based on 4.333 weeks per month.

(2)  Hours worked per month at thirty-seven and one-half hours per week = 162.48 hours per month.

(3)  Hours worked per month at forty hours per week = 173.33 hours per month.

(c)  New employees – Entry level appointment. Any appointment to a class shall be at the entry step of the range for such class; provided, however, that at the written request of the appointing authority and upon recommendation of the employee relations officer, the board by a four-fifths vote may approve the appointment of a new employee to a higher step. The appointing authority shall provide written justification to the board for the request prior to the appointment to the higher step.

(d)  Merit increases. Merit increases are not automatic, but are granted as a result of demonstrated performance. The following standards may govern with regard to merit increases:

(1)  A regular employee hired after the effective date of this chapter may receive a merit salary increase to step two of his or her salary range on the first calendar day of the monthly pay period following successful completion of the probation period. For purposes of merit advancement above step two, all employees shall serve a minimum amount of time at each salary level before becoming eligible to progress to the next step as follows: A minimum of twelve monthly pay periods service in step two before becoming eligible for advancement to step three; a minimum of twelve monthly pay periods service at step three before becoming eligible for advancement to step four; and minimum of twelve monthly pay periods at step four before becoming eligible for advancement to step five.

(2)  Employees starting above step one of the salary range shall be eligible for a merit salary increase to the next step of the salary range on each salary anniversary date, if eligible pursuant to this chapter, until reaching the maximum step of the salary range.

(3)  Any regular employee who has been on step five of a salary range for a minimum of sixty monthly pay periods (five years) may be eligible for the longevity pay bonus. Thereafter, for each successive period of sixty months in step five of the salary range (fifteen years, twenty years, etc.) in continuous service, the employee shall be eligible for longevity pay as set by the board.

(4)  An elected department head who has been on step five of a salary range for a minimum of forty-eight monthly pay periods (four years) may be eligible for the longevity pay bonus. Thereafter, for each successive period of forty-eight months in step five of the salary range in continuous service, that elected department head shall be eligible for longevity pay as set by the board.

(e)  Procedure for merit increases. An employee shall not receive a merit increase in salary and shall not be advanced to the next higher step of such employee’s salary range unless said employee’s service is satisfactory. The appointing authority shall notify the board of supervisors in writing on forms provided by the auditor/controller that the employee should be advanced in salary or not advanced thirty calendar days before the employee’s anniversary date.

(f)  Procedure for delay or denial of merit increases. A merit increase shall not be granted to any employee unless he or she receives at least a satisfactory rating on the performance evaluation made by the department head. If the department head wishes to delay or deny a merit step increase, he must provide written notice to the employee specifying the reasons for the denial at least thirty days before the employee’s anniversary date. Any employee who may have his merit increase delayed or denied should be put on notice as soon as possible. The written notice should also specify what is expected of the affected employee in order to bring his or her performance to a satisfactory level. If a merit increase is withheld, second consideration must be given within sixty days of the anniversary date and at least every ninety-day period thereafter until the employee receives the merit increase or terminates. Probationary employees may have their probationary status extended for a maximum of six monthly pay periods, as provided in section 16-11. An employee who has had his or her merit advancement delayed shall receive a new anniversary date effective the month the merit salary increase was approved by the board of supervisors. If an employee’s anniversary date is overlooked through an error, upon discovery of the error the auditor shall compensate the employee for the additional salary he or she would have received dating from his or her anniversary date on the next monthly paycheck.

(g)  Postponement of anniversary date. The granting of any leave of absence without pay exceeding seven calendar days shall cause the employee’s salary anniversary date to be postponed a number of pay periods equal to the nearest whole number of pay periods for which the leave was taken. All such calculations shall be based on the number of calendar days of such leave. Any employee whose salary anniversary date is postponed pursuant to this section shall assume a new salary anniversary date which shall be the date to which his or her previous salary anniversary date has been postponed.

(h)  Reemployment following separation. After the effective date of this chapter, any person reentering county employment following separation by reason of discharge, resignation, or rejection during a probationary period shall be considered a new employee. This section shall not apply to discharged employees who are reinstated as a result of the appeal process.

(i)  Return following leave without pay. Return following leave without pay is not an appointment, but is a continuation of service. Compensation and benefits shall be based on actual service.

(j)  Reemployment following layoff. Any person reappointed following layoff shall receive compensation and benefits as though he or she had been on leave without pay.

(k)  Salary anniversary date. Each employee in the classified service shall have a “salary anniversary date,” which shall be the first calendar day of the monthly pay period upon completion of:

(1)  The probationary period in the event the employee started at step one; or

(2)  Twelve monthly pay periods of continuous service in the event the employee started at step two, three, or four of the salary range;

(3)  Sixty pay periods of continuous service in the event the employee started at step five of the salary range. In the event of promotion, reclassification or leave of absence without pay, an employee’s salary anniversary date shall be determined pursuant to procedures set forth in this chapter.

(l)  Moratorium on merit increases. Nothing in this section shall be deemed to preclude the authority of the board to declare a moratorium on merit increases.

(m)  Disposition of fees and commissions. All fees and commissions or remuneration or compensation of any kind or make other than a regular county salary or wage received by any county officer or employee including elected county officers of justice courts in their official capacity shall be paid into the county treasury except as follows: (a) those fees as permitted by law or approved by the board of supervisors. (Ord. No. 424, § 2 (part); Ord. No. 491, (part); Ord. No. 704.)

16-21 Payment of salary.

(a)  Compensation. All classes of positions in the classification plan shall be assigned a salary range or rate as provided for by a salary resolution or code. Employees appointed to positions in the classification plan shall be paid a salary within the monthly range or rate so provided for in the salary resolution or code and according to the procedures established in this chapter.

(b)  Payment of salaries. Except as otherwise provided in this section, the auditor shall pay the salaries of the officers, deputies, clerks and employees of the several departments of the county on the last work day of each regular monthly pay period. In the event the last work day falls on a holiday, then payment shall be made on the last preceding work day. Notwithstanding the above, special pay dates shall apply to certain employees as follows:

(1)  Dismissal. In the event an employee is dismissed during the course of a work day, he shall be paid by claim approved by the department head on the date of dismissal or within forty-eight hours thereafter.

(2)  Extra help. Employees classified as extra help shall have working hours reported by the department head and shall be paid on the same days as set forth in this section.

(3)  Resignation. An employee who has submitted a written resignation to a department head stating the reasons for such resignation shall be paid on the employee’s normal pay date.

(c)  Salary payment procedure.

(1)  Certification. Each department head shall at the time he submits his department time report to the auditor certify that each employee has performed the number of days of work shown on the time report. The auditor shall not issue, or cause to be issued, a payroll warrant unless there is an authorized position supported by a valid payroll/personnel form to substantiate the rate shown on the department time report for each employee.

(2)  Separation. When an employee leaves county service for any reason, his department head shall immediately notify the auditor on a payroll/personnel form.

(d)  Work period computation. Each monthly pay period shall consist of the number of regularly scheduled work days in the month. For the purposes of this section, holidays shall be counted as working days.

Regular part-time employees working each pay period, less than a full pay period, will be paid on the ratio that their working day (or fraction thereof) bear to the working days in a regular full monthly pay period.

(e)  Payroll records. The auditor shall maintain such records which are necessary for payroll and retirement system purposes. The department head may inspect such records from time to time for the purpose of administering those rules regarding compensation.

(f)  Payroll/personnel form. Every appointment, promotion, transfer, demotion, salary range, separation, or other information or action which affects the payroll status of any employee shall be initiated by a payroll/personnel form pursuant to the instructions issued by the employee relations officer. (Ord. No. 424, § 2 (part); Ord. No. 491, (part).)

16-22 Salary upon promotion, demotion, transfer, reclassification, or temporary assignment.

(a)  Promotion. A regular employee who is promoted to a position in a class with a higher salary range than the class from which he or she was promoted shall receive the nearest higher monthly salary in the new salary range, including longevity pay steps, as of the date upon which the appointment becomes effective, but no less than five percent increase. In such instances the employee shall receive a new anniversary date. The provisions of section 16-20 shall be applicable in determining the eligibility of the employee for step increases within the higher salary range.

(b)  Demotion. A regular employee who is demoted to a position in a class having a salary range lower than the class from which he or she was demoted shall receive the nearest lower monthly salary or the same monthly salary in the new salary range as of the date upon which the demotion becomes effective, unless the appointing authority specifically requests in writing a lower monthly salary in the new salary range and the reasons for such request. No employee who is demoted shall be eligible for longevity pay until he or she has been in step five of the new salary range for four years.

(c)  Transfer. There shall be no change in the compensation or the salary anniversary date of an employee who is transferred from one position to another in the same class or to a position in a class having the same salary range. If an employee transfers from one position to a class in another department having a lower salary range, the employee shall receive the nearest lower monthly salary or the same monthly salary in the new salary range as of the date upon which the transfer becomes effective. Such employee shall have no change in his or her anniversary date, except when he or she:

(1)  Was above step one on the old range and is transferred to step one on the new range.

(2)  Was below step five on the old range and is transferred to step five on the new range.

In such instances the employee shall receive a new anniversary date. No employee who transfers from one position to a position in a class in another department having a lower salary range shall be eligible for longevity pay unless he or she has been in step five of the new salary range for five years.

(d)  Return to former class. Whenever an employee is returned to his or her former class following promotion, transfer, demotion, or assignment as a temporary employee, the employee shall receive that step of the range which he or she would have received had he or she never left the former class. The employee’s anniversary date for step advancement shall not be changed – that is, as it originally was in the former class, and the employee shall be eligible for increases subject to the provisions of this chapter as if such employee never left the former class.

(e)  Reclassification. The salary of the incumbent in a position which is reclassified shall be determined as follows:

(1)  If the position is reclassified to a class in the same salary range, the salary and salary anniversary date of the employee shall not change.

(2)  If the position is reclassified to a class with a higher salary range, the employee may be paid either at the minimum rate of the new range, or at the nearest higher rate that he would have been entitled to had his classification not changed.

(A)  No position shall be reclassified to a class with a higher salary range if the employee filling the position does not meet the minimum qualifications of the proposed reclassified position.

(B)  No employee who is reclassified to a class with a lower salary range shall be eligible for longevity pay unless he or she has been on step five of the new salary range five years.

(f)  Salary upon temporary transfer. A regular employee may be temporarily assigned the duties and responsibilities of a position in a class having a higher salary range when the incumbent in such position is absent or when there is no incumbent for such position. If a regular employee is temporarily assigned to a position in a class with a higher salary range, he or she may, at the discretion of the board of supervisors, be eligible to receive an increase in pay. Thereafter, if such temporary employee meets the minimum qualifications for the position to which he or she is temporarily assigned, the temporary assignment shall be treated as a promotion, and the salary of such temporary employee shall be determined in accordance with this section. Upon termination of such assignment, such employee shall be restored to the position from which he or she was assigned and at the salary and step which such employee is entitled to receive at the date of such restoration, including any merit increase to which he or she is entitled. Such temporary assignment shall not affect an employee’s salary anniversary date.

(g)  Salary when adjustment occurs on salary anniversary date. Whenever, on his or her salary anniversary date, an employee is promoted, receives a range change, or his or her position is reclassified to a class with a higher salary range, the employee may first receive any within-range increases to which the employee is entitled, and then receive the higher step in the new salary range as provided in this section.

(h)  Reemployment following military leave. The rights and privileges of employees returning from military leave shall be governed by the rules and regulations on benefits and working conditions as set forth in section 16-24.

(i)  Y-rates. Whenever, without fault or inability on the part of an employee, such employee would suffer an actual decrease in salary as a result of action taken by the county, the board may adopt a Y-rate to apply to the employee so affected. An employee whose compensation has been established at a Y-rate shall not receive any cost-of-living adjustments and shall remain at the Y-rate until the fifth step of the range established for his or her class exceeds the Y-rate. An employee receiving longevity pay whose compensation has been established at a Y-rate shall not receive any cost-of-living adjustments and shall remain at the Y-rate until the longevity pay for the range established for his or her class exceeds the Y-rate.

(j)  Board authority to specify salary. Notwithstanding anything in this chapter to the contrary, the board may specify that the incumbent of a particular position or any person to occupy a particular position shall occupy a step on the salary range for that class either higher or lower than that provided elsewhere in this chapter.

(k)  Change in range allocation. The salary of an employee in a position in a class which is reallocated to a new salary range shall be adjusted to the corresponding step of the new range which the employee would merit if his old range were still in effect. The salary anniversary date of the new employee shall not change. (Ord. No. 424, § 2 (part); Ord. No. 491, (part); Ord. No. 711, §§ 1, 2.)

16-23 Transfers.

(a)  Transfers within offices or departments. The appointing authority may make transfers of employees from one position in his office or department to another position in his office or department and not in the same class, provided the positions are in the same salary range and the employee possesses the minimum qualifications for the position to which he or she is transferred.

(b)  Interdepartmental transfers. No employee shall be transferred to a position in another office or department unless prior to the transfer:

(1)  The two positions have similar minimum qualifications and duties and the affected employee possesses the minimum qualifications for the position to which he or she is being transferred.

(2)  The positions, if not in the same class are in the same salary range; provided, that an employee may voluntarily demote to a position in a lower salary range.

(3)  The appointing authority of the two offices or departments have approved the transfer in writing.

(4)  The employee has approved the transfer in writing.

(5)  The board of supervisors has approved the transfer.

(c)  Temporary transfers. The appointing authority may temporarily transfer a regular employee to a regularly authorized position in a class having a higher salary range when the incumbent in such position is absent or when there is no incumbent for such position. Such temporary transfer shall not exceed a period of ninety days unless a longer period is specifically authorized by the board. The salary of the employee during the period of such temporary transfer shall be determined in accordance with section 16-22(f) of this chapter.

(d)  Transfer of probationary employee. A probationary employee who accepts a transfer to a new position must complete a full probationary period in the new position. The employee’s anniversary date will be adjusted. (Ord. No. 424, § 2 (part); Ord. No. 491, (part).)

16-24 Reemployment after leave, resignation, or layoff.

(a)  Reemployment after military leave. A permanent, nonprobationary county employee who has taken leave without pay for military service may request reinstatement in the same or similar classified position upon discharge from the service. The employee must complete an application for employment within ninety days of the date of discharge from military duty. The employee may be required to satisfactorily complete a medical examination, be fingerprinted, or photographed, as directed by the appointing authority. The employee will be placed at the step in the pay plan which the employee would have reached if employment with the county had not been interrupted by military service. The anniversary date will be adjusted upon return from military service. Any unused or uncompensated leave accrued prior to entering military service will be reinstated.

(b)  Reemployment after maternity leave. A permanent, nonprobationary county employee who has taken maternity leave must present a physician’s statement attesting to her ability to return to work and may be required to complete a county medical examination. She may be given preference over permanent and temporary employees and outside applicants for any vacant position for which she is qualified in all respects. Any leave with pay accrued but not used before maternity leave will be reinstated, and the employee’s anniversary date will be adjusted.

(c)  Reemployment after resignation. A permanent, nonprobationary county employee who has resigned in good standing may be given preference over permanent and temporary employees and outside applicants for any vacant position for which he or she is qualified in all respects. The employee may be required to satisfactorily complete a medical examination, be fingerprinted or photographed, as directed by the appointing authority.

(d)  Reemployment after layoff. A permanent, nonprobationary county employee on layoff will be given preference over permanent and temporary employees and outside applicants for any vacant position for which the employee is qualified. Preference for reinstatement will cease: (1) one year after the effective day of layoff; (2) when an employee has refused to accept employment with the county in any position for which the employee is qualified and for which the pay rate is the same or higher than that of the position from which the employee was laid off; or (3) when the employee accepts another position with the county. The appointing authority must approve all layoffs, certifying that no alternative employment, as described above, is available. The appointing authority is responsible for offering vacant positions to employees on layoff. (Ord. No. 424, § 2 (part); Ord. No. 491, (part).)

16-25 Dismissal, suspension, reprimand, demotion and right of appeal.

(a)  Causes for discipline. Each of the following constitutes a cause for discipline:

(1)  Fraud in securing appointment.

(2)  Incompetence.

(3)  Inefficiency.

(4)  Inexcusable neglect of duty.

(5)  Insubordination.

(6)  Dishonesty.

(7)  Drunkenness or under the influence of illegal drugs while on duty.

(8)  Addiction to the illegal use of narcotics or habit-forming drugs.

(9)  Inexcusable absence without leave.

(10)  Excessive tardiness.

(11)  Conviction of a felony or conviction of a misdemeanor involving moral turpitude. A plea or verdict of guilty, or a conviction following a plea of nolo contendere, to a charge of felony or any offense involving moral turpitude is deemed to be a conviction within the meaning of this provision.

(12)  Discourteous treatment of the public or other employees.

(13)  Political activity which is in violation of federal, state or local laws or regulations.

(14)  Misuse or theft of county property.

(15)  Falsifying county records.

(16)  Refusal to take and subscribe any oath or affirmation which is required by or in connection with his or her employment.

(17)  Violation of section 16-15, prohibited activities.

(b)  Suspension of one through five days.

(1)  A permanent full-time or probationary employee who reports to work under the influence of alcohol or illegal drugs or is in the possession of illegal firearms or explosives shall be suspended without pay for not more than five days by his or her department head upon his or her being given written notice of (A) such suspension, (B) the reasons therefor, and (C) the right to appeal the suspension to the employee relations officer for an investigation by the filing of a written notice of appeal with the employee relations officer within ten working days after the date of suspension.

(2)  Management reserves the right to immediately suspend an employee for conduct as described in subdivisions (a)(5), (8) and (11) of this section prior to the written notice required in subdivision (1) of this subsection with the reviews and notices required in the above subdivision begun as soon as possible after the imposition of the suspension.

(c)  Regular employees – Disciplinary action and notice. Any regular employee, except an elective official, may be reprimanded, suspended, demoted or dismissed by the appropriate appointing authority. The procedure outlined below shall be adhered to in all instances where said action(s) is/are contemplated, except when in conflict with state or federal law.

(1)  Prior to suspension, demotion or dismissal, except as set forth in subdivision (b)(2) of this section, the appointing authority shall contact and discuss such action with the employee relations officer and county counsel or their designees.

(2)  After the discussion in subdivision 1 of this subsection, an appointing authority who concludes that a suspension of more than five days, demotion or dismissal may be ordered shall then notify the affected employee(s) in writing of the proposed action, the reasons therefor, with a copy of charges and material on which it is based. Said notice shall include notice of the employee’s right to submit a written response to the charges of the appointing authority and/or the right to request a meeting with the appointing authority or his or her designee within five working days of service of the proposed action. Said notice must be signed by the appointing authority and county counsel and must be served on the employee at least seven calendar days or five working days before the intended action.

(3)  Subsequent to the meeting with and/or review of written material provided by the employee(s), the appointing authority may: (A) carry out the disciplinary action by written order; (B) negate the intended action; (C) impose a lesser disciplinary action; or (D) notify employee of a greater disciplinary action intended with five calendar days’ notice before the intended action and a meeting/review of written material as set forth in subdivision (2) of this subsection.

(4)  All written orders shall be served on the employee and a copy sent to the employee relations officer. If personal service upon the employee is impossible a copy of the order shall be sent by registered mail to the employee at his or her last known address.

(d)  Right of appeal.

(1)  Any regular employee, other than a probationary employee who is suspended, demoted or discharged, may appeal to the board from such order by filing a notice of appeal with the employee relations officer within five working days after service on such employee of the written order provided for in subdivision (c)(3) of this section. Within fifteen days from the date of service of said order upon the employee, such employee shall file with the employee relations officer an answer in writing, on a form provided by him, to the charges set forth in the order of the disciplinary action. The employee relations officer shall review said order, notice of appeal and answer and shall then discuss the disciplinary action and appeal with the employee and his or her representative and the appointing authority in order to determine if a hearing on the appeal is necessary. In the event an agreement regarding disposition of the matter cannot be reached within fifteen days after filing of the answer to the charges, the employee relations officer shall set the matter for hearing. Written notice of the date of the hearing shall be served upon the employee, either personally or by registered mail.

(2)  The board, after a hearing to determine whether a discharge, suspension or demotion is just and proper and supported by substantial evide